Legal Agreement: Terms of Service
THIS OFFICE SPACE RENTAL AGREEMENT ("Agreement") is executed on the date stated above by and between TOVEY PERRY PROPERTIES LLC. ("Operator") and the individual or business listed above ("Occupant") for the purpose of renting the Office Space listed above (the "Space") which is part of a larger facility (the "Workshop"). OCCUPANT HAS EXAMINED THE SPACE AND ACCEPTS THEM "AS IS." Occupant acknowledges and agrees the measurements noted for the Workshop are an approximation only, that space size is estimated per Building Office Management Association standards and does not refer to usable space, that the size of the Workshop and any referenced sizes are approximate, given for illustration only and may vary materially. Operator does not represent or guarantee the safety of the Workshop or the personal property stored by the Occupant. THE RULES AND REGULATIONS POSTED AT THE WORKSHOP ARE BY REFERENCE MADE PART OF THIS AGREEMENT, which rules and regulations may be modified by Operator to assist with the operation, safety, and cleanliness of the Workshop.
- Occupant shall have access to the Space and the Workshop only during such hours and days, as are regularly posted at the Workshop, which are subject to change by Operator. In the event the Occupant fails to pay the monthly rental charge, Operator shall have the right to restrict or deny Occupant's access unless otherwise prohibited by the provisions of applicable law. If Occupant is renting more than one Space at any given time, default on one rented Space shall constitute default on all rented Spaces, entitling Operator to deny access to Occupant on all rented Spaces.
- In addition to the rented Office Space, Occupant may use the common conference room on a first come, first serve basis by booking/reserving the conference room in advance from Operator.
- In addition to the rented Office Space, Occupant will be given access to the following common items for the use of all other occupants: Wi-Fi, printer, restrooms, reception area, common kitchen/break area and showers.
- Occupant shall safeguard any property kept at the Workshop and/or in their assigned Office Space. It is Occupant's sole responsibility as to those persons who are given access to Occupant's Space.
TERMS AND CONDITIONS OF AGREEMENT
- Occupant grants Operator and Operator's Agents or any governmental authority access to the Space: a) upon three (3) days prior written notice, b) upon default of the Agreement by Occupant for 30 days, c) in emergency circumstances, or d) as required by law. Operator, Operator's Agents or the agents of any governmental authority shall have the right, upon reasonable notice, to enter the Space to examine the contents, to make repairs or alterations, to take reasonable steps to preserve the Space, to comply with the law, or to enforce Operator's rights; including the right to relocate occupants' belongings if necessary. In addition, Occupant shall not make/allow any alterations to the Space.
- Occupant's obligation begins and Ends on the Rental Agreement Date listed above. Occupant acknowledges that, absent notice sent to Operator at least fifteen days before the end of the term, any fixed term lease shall continue on a MONTH-TO-MONTH basis. The Following Standard Rates shall be used for all rental units in The Workshop Coworking Space: See attached rates sheet.
- The Monthly Rental Charge shall be paid on the Rental Agreement Date chosen by the Occupant. Thereafter, the Monthly Rental Charge shall be due on the 1st day of every month (the "Monthly Anniversary Day "). The period between consecutive Monthly Anniversary Days is referred to as the "Rental Month ". The last day of the Rental Month for which all Monthly Rental Charges have been paid is the "Paid Through Date." Occupant shall pay Operator at the Workshop's front desk or online through the website. The Monthly Rental Charge, without prior notice or billing from Operator. NO MONTHLY BILLS OR STATEMENTS WILL BE SENT TO OCCUPANT.
- Electronic Draft: Occupant shall provide Operator with Account information for payment by electronic draft. If Occupant pays by an alternative Method, Occupant shall be charged a monthly Payment Processing Fee of $25.00 per month.
- All terms in this Agreement are SUBJECT TO CHANGE without prior written notice to Occupant, including, without limitation, rental rate changes, usage and other charges. If so changed the Occupant may terminate this Agreement on the effective date of such change by giving the Operator 15 days notice or completing the remaining terms of the prior agreement. If the Occupant does not give such notice of termination, the change shall become effective on the date stated in the Operator's notice and shall thereafter apply to the occupancy hereunder.
- Operator shall provide and be responsible for payment of utility service to the Office Space and the Workshop consisting of sewage, electricity, water, internet, snow removal and cleaning of the common areas.
- In the event Occupant does not pay the Monthly Rental Charge by the 5th day following Occupant's current Paid Through Date, Occupant shall pay a Late Fee of $10.00. This Late Fee will be assessed on the 6th day following Occupant's current Paid Through Date. In the event Occupant does not pay the Monthly Rental Charge by the 15th day following Occupant's current Paid Through Date, Occupant shall pay an additional Late Fee of $15.00. This additional Late Fee will be assessed on the 16th day following Occupant's current Paid Through Date. The Late Fees are a service charge. Partial payments will not be accepted, however, if a partial payment is accepted it will be at the sole discretion of the Operator and if accepted will first be applied to fees and service charges, then to Monthly Rental Charges, taxes and insurance. The Occupant agrees and understands that partial payments made to cure a default for nonpayment of rent will not delay or stop foreclosure and sale of Occupant's property. The tender of partial payments shall not serve to waive or avoid the legal effect of prior notices given to Occupant. Only full payment on the Occupant's account prior to the published auction date will stop a scheduled sale of the property.
OPERATOR'S LIEN AND PRE-FORECLOSURE FEE
- OCCUPANT ACKNOWLEDGES AND AGREES THAT OCCUPANT'S PERSONAL PROPERTY STORED AT THE WORKSHOP WILL BE SUBJECT TO A CLAIM OF LIEN IN FAVOR OF OPERATOR FROM THE DATE THE MONTHLY RENTAL CHARGE AND OTHER CHARGES ARE DUE AND UNPAID, AND FOR EXPENSES REASONABLY INCURRED IN THE SALE OR DISPOSITION OF OCCUPANT'S PERSONAL PROPERTY. IF OCCUPANT IS IN DEFAULT CONTINUOUSLY FOR 30 DAYS, OPERATOR MAY DENY THE OCCUPANT ACCESS TO THE RENTED SPACE, AND MOVE THE RENTER'S PERSONAL PROPERTY FROM THE RENTED SPACE TO A STORAGE SPACE PENDING ITS REDEMPTION, SALE, OR OTHER DISPOSITION. OWNER MAY SELL OCCUPANT'S PERSONAL PROPERTY IN A COMMERCIALLY REASONABLE MANNER AFTER GIVING TENANT REASONABLE NOTICE, IN ORDER TO SATISFY SUCH LIEN. If at the close of business on the 30th day following the Occupant's current Paid Through Date, the Monthly Rental Charge and other charges still remain past due, a pre-foreclosure fee of $85.00 will be assessed and Occupant must pay such amount by cash, credit card or by certified funds. No personal/company checks will be accepted for such past-due payments.
Operator may enforce Operator's Lien by selling Occupant's personal property at public or private sale, in accordance with the provisions of applicable law, and apply the net proceeds from such sale to the payment of all sums due to Operator. This remedy is cumulative with and in addition to every other remedy given hereunder or hereafter existing at law or in equity. In the event of a sale as provided for in this Agreement, it is further understood that the date of such sale shall constitute the date of termination. Such sale shall not release Occupant from obligation for amounts uncollected. It is further understood that Occupant will be denied access to the Workshop and the Space due to a failure to pay the Monthly Rental Charges, as permitted by the applicable state law. In the event of a foreclosure of the Occupant's interest in the Space, it is understood and agreed that the liability of the Occupant for the rents, charges, costs and expenses provided for in this Rental Agreement shall not be relinquished, diminished or extinguished prior to payment in full. The Operator may use a collection agency thereafter to secure any remaining balance owed by the Occupant after the application of sale proceeds, if any, and the Occupant shall be responsible for any and all collection fees and costs incurred by Operator in the collection of the sums owed. If any property remains unsold after foreclosure and sale, the Operator may dispose of said property in any manner considered appropriate by the Operator.
EVENT OF DEFAULT
- In the event that Occupant shall fail or refuse to perform any of the covenants, conditions or terms of this Agreement, or in the event Occupant files a voluntary petition in Bankruptcy or suffers a petition in involuntary bankruptcy to be filed against him/her, Occupant shall be deemed in default in the performance of this Agreement, except as limited by law. Nothing contained in this Agreement shall be construed as limiting Operator's rights and remedies as provided under the laws of this state. In the event of a default, and without prejudice to any other remedies, Operator may (a) terminate this Agreement or (b) seize and sell the personal property pursuant to Section 10 above.
- Any time prior to lien sale, any person claiming a right to the Occupant's liened property may stop the sale by paying in full in the form of CASH ONLY all amounts owed. Upon release of such property to the payor, Operator shall have no further liability to any person for the liened property.
VALUE OF PROPERTY
- Occupant agrees that in no event shall the total value of the personal property in the Office Space be deemed to exceed $5,000 unless Operator has given permission in writing for Occupant to have personal property in the Office Space exceeding $5,000; provided that Occupant agrees that Operator's maximum liability to Occupant for any claim or suit by Occupant, including but not limited to any suit alleging wrongful foreclosure or sale of the contents of the Unit is $5,000. This section shall not be deemed to create any liability on the part of Operator to Occupant for any loss or damage to Occupant's property, regardless of cause.
- Occupant shall maintain comprehensive insurance coverage of at least 100% of the actual cash value of all personal property in the Space against damage by water, fire, extended coverage perils, vandalism and burglary. To the extent Occupant does not maintain insurance for the full value of the personal property, Occupant shall be deemed to have "self-insured," and shall bear all risk of loss or damage. OCCUPANT'S PERSONAL PROPERTY IN THE SPACE OR THE WORKSHOP IS NOT INSURED BY THE OPERATOR AGAINST LOSS OR DAMAGE. Occupant hereby releases Operator and Operator's Agents from any and all claims for damage or loss to personal property that are caused by or result from perils that are, or would be, covered under the required insurance policy and hereby waives any and all rights of recovery against Operator and Operator's Agents in connection with any damage which is or would be covered by any such insurance policy.
LIMITATION OF OPERATOR'S LIABILITY AND INDEMNITY
- THE OPERATOR IS NOT A WAREHOUSEMAN ENGAGED IN THE BUSINESS OF STORING GOODS FOR HIRE, AND NO BAILMENT IS CREATED BY THIS AGREEMENT. THE OPERATOR EXERCISES NEITHER CARE, CUSTODY, NOR CONTROL OVER THE OCCUPANT'S PERSONAL PROPERTY. ALL PERSONAL PROPERTY KEPT WITHIN THE SPACE OR ON THE PROPERTY BY THE OCCUPANT OR LOCATED AT THE FACILITY BY ANYONE SHALL BE AT THE OCCUPANT'S SOLE RISK. Operator and Operator's Agents shall not be liable to Occupant for any damage or loss to any person, Occupant or property in, on or about the Workshop, arising from any cause whatsoever, including, but not limited to, theft, fire, mysterious disappearance, mold, mildew, water, rain, rodents, insects, acts of God, partial or sole negligence or failure to act of Operator or Operator's Agents except for damage or loss resulting from Operator's fraud, willful injury or willful violation of law. Occupant shall indemnify and hold Operator and Operator's Agents harmless from any and all damage, loss, or expense arising out of or in connection with any damage to any person or property, occurring in, on or about the Workshop arising in any way out of Occupant's use of Project, even such damage or loss caused entirely or in part by the negligence of Operator or Operator's Agents. Operator and Operator's agents and employees shall not be liable whatsoever to any extent to Occupant or Occupant's invitees, family, employees, agents or servants for any personal injury or death arising from Occupant's use of the storage space or premises from any cause whatsoever including, but not limited to, the active or passive acts or omissions or negligence of the Operator, Operator's agents, or employees.
USE OF THE SPACE AND PROJECT AND COMPLIANCE WITH THE LAW
- Occupant agrees that the Space and Project shall be used solely for personal office space and shall not use the Space for any unlawful purpose. Occupant shall not keep in the Space or on the Workshop property to which any other person or business has right, title, or interest. Occupant agrees that there are NO LIENS OTHER THAN OPERATOR'S LIEN UPON THE OCCUPANT'S PROPERTY. The storage of food and any perishable goods is strictly prohibited. The use of electricity in the Space is strictly prohibited unless agreed upon in Writing with Operator. IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT OCCUPANT SHALL NOT STORE OR USE ANY HAZARDOUS OR TOXIC WASTE, SUBSTANCE OR MATERIAL OR ANY INHERENTLY DANGEROUS MATERIALS. The Occupant agrees that the Space is not appropriate for the storage of jewels, furs, heirlooms, art works, collectibles or other irreplaceable items having special sentimental or emotional value to the Occupant and Occupant agrees not to store said items. The Occupant hereby waives any claim for sentimental or emotional value for the Occupant's property that is kept in the Space or on the Property. Occupant agrees to make no alterations, improvements or additions to the Space or Project. Occupant shall take good care of the Space and Project and the fixtures and appurtenances therein and keep the Space and Project in a neat and orderly condition at all times.
TERMINATION OF THE AGREEMENT AND VACATING THE SPACE
- Occupant must provide Operator notice, in writing, of Occupant's intent to vacate the Space. The required notice must be provided as follows:
- For any month to month period to be terminated early prior to original the original term, at least fifteen (15) days notice is required.
If Occupant fails to give a written notice on or before the dates provided above, then in such event, the terms of this Agreement, including the obligations of Occupant to pay rent, shall continue on a month to month basis until such time as the required notice period has been met. Occupant understands and agrees that under no circumstances will Occupant be entitled to a refund of the first month's rent paid upon execution of this Agreement, and, thereafter, if this Agreement terminates other than on the last day before the Monthly Anniversary Date. Occupant shall not be entitled to a refund of a pro rata portion of the rent for the month in which the termination occurred, but, if termination occurs before the last day before the Monthly Anniversary Date and Occupant has given notice of such termination before paying rent for such month, Occupant may pay only the rent that accrues from the 1st day of such month until the date of termination. Any abandoned property may be disposed of in such manner as Operator may see fit. Operator may consider the lease terminated and may re-let the Space any time after the notification date provided. Operator may also terminate the Agreement by giving Occupant 30 Days written notice. Further, this Agreement may, at the option of Operator, be terminated upon any default by Occupant under the terms of this Agreement or the abandonment of the Space or Project by Occupant. Upon termination, Occupant shall remove all Occupant's personal property from the Space and Project and leave the Space in the same condition as delivered to Occupant. In the event that Operator is forced to dispose of any abandoned property of Occupant, then Operator may charge Occupant a reasonable disposal fee for the removal of such belongings, which shall be at a minimum $25.
- Occupant shall notify Operator of any change in Occupant's address or phone number within 10 days of the change. Such notifications shall be:
- by certified mail, return receipt requested, postage prepaid. Failure by Occupant to notify Operator shall constitute a waiver by Occupant of any defense based on failure to receive any notice.