OPEN WORKSPACE ZONE LEASE AGREEMENT
This Open Workspace Zone Agreement (“Lease”) by and between Common Door, LLC, a West Virginia corporation (“Landlord”), whose mailing address is 2551 Kings Run Road, Beverly, WV 26253, and "Tenant” and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, hereby covenants and agrees as follows:
Space to be Leased and Commencement Date.
Landlord hereby leases to Tenant a portion of the premises commonly referred to as “Common Door”, located at the physical address of 127 Third Street, Elkins, WV 26241, and particularly access to the portion of Common Door designated as Open Workspace Zone. Open Workspace Zone is depicted on the diagram attached to, and incorporated within this Lease as Exhibit A (hereinafter “Open Workspace”). Additionally, Tenant as part of this Lease, has access to the conference rooms, kitchenette, telephone booth, copier/printer, and post office boxes (hereinafter the “Benefits”), as well as all common areas necessary to access Open Workspace and the Benefits (hereinafter “Common Areas”). Open Workspace, the Benefits, and the Common Areas are collectively referred to as “Leased Space”.
This Lease commences at 12:01 a.m. on the date set forth above (hereinafter “Commencement Date”).
Month-to-Month Lease.
The parties agree that this Lease is a month-to-month lease.
Lease Payments.
No later than the first of each month, Tenant shall pay Landlord One Hundred Twenty Five Dollars ($125.00) in consideration of the benefits associated with this Lease. The first month’s lease payment shall be prorated, based on the number of days this Lease is in effect, relative to the number of days in the month of the Lease’s Commencement Date. If Tenant fails to pay Landlord on or before the first day of each month, Landlord may immediately terminate this lease. At the time of signing this Lease, Tenant shall pay Landlord a deposit in the amount of $75.00, which shall be retained by Landlord until the termination of this Lease to cover any and all incidental costs associated with Tenant’s use of the Leased Space up to the amount of the deposit. This shall include the return of all keys/fobs for doors, lockers, mailboxes, file cabinets and/or other locked spaces as well as any unpaid copier/printer fees. If upon the termination of this Lease, Landlord determines that no incidental costs exist, within 30 days the deposit shall be returned to Tenant, in full.
Use of Space.
The Leased Space is utilized by other tenants that are subject to similar lease terms as contained in the instant Lease. If a dispute arises under this Lease that effects Landlord’s other tenants, Landlord has sole discretion and responsibility to administer this Lease in a fair and equitable manner and in favor of all tenants’ use of Common Door, as a whole. Tenant is responsible for the actions of its clients’ visitors or anyone else accessing Common Door with the Tenant’s consent, and as a result, Tenant will be held liable for their actions.
Open Workspace Use.
Tenant may use Open Workspace, subject to all restrictions set forth in this Lease. Tenant shall not have access to Dedicated Desk Zone under this Lease.
Tenant shall not use Open Workspace for any public use.
Tenant may meet with clients in Open Workspace for a maximum of fifteen (15) minutes. Meetings with clients or others for a period of longer than fifteen (15) minutes shall be conducted in the conference rooms.
Tenant is solely responsible for any and all personal property of Tenant or Tenant’s clients and visitors left in the Leased Space. Tenant and Tenant’s clients’ and visitors’ personal property shall be stored in the lockers provided by Landlord. If Tenant desires the lockers to be locked, locks must be removed when Tenant’s personal property is removed. Tenant shall not use more than one locker at a time. If personal property is left in the Leased Space, Landlord may mark the personal property to designate it as being left in the Leased Space, and may place the tagged personal property in a conspicuous place to be retrieved by its owner. If after seven (7) days the personal property is not retrieved by its owner, Landlord may dispose of the personal property as Landlord deems fit. Landlord is in no way responsible for Tenant’s or, Tenant’s clients’ and visitor’s personal property.
Conference Room Use.
Tenant shall have use of the conference rooms subject to all restrictions set forth in this Lease.
Conference rooms shall be used for business purposes only. Tenant shall not use conference room for any personal or public use. However, Tenant may use the conference rooms for social activities associated with Tenant’s business upon prior written approval of Landlord.
Conference rooms shall be scheduled through the conference scheduler which is located at the entrance to the conference room. Eventually there may be an electronic scheduler. When scheduling the conference room, Tenant must list the start time and end time of when Tenant intends to utilize the conference room. If Tenant decides not to use the conference room after Tenant has scheduled the conference room through the conference scheduler, Tenant shall immediately cancel the use of the conference room through the conference scheduler to allow access to the conference room by others. After Tenant’s use of the conference room, Tenant shall clean the conference room thoroughly, including vacuuming the floors, cleaning the table and chairs, and/or taking any other action to leave the conference room in a clean and orderly condition to be utilized by others. Tenant shall not keep or store any items in the conference room.
Landlord may limit Tenant’s use of the conference rooms, if Landlord, in its sole discretion, feels that the Tenants use of conference room is excessive, irresponsible, or violates this Lease.
If a conference room is not scheduled to be used, the conference room may be used by other tenants or Landlord on a first come first save basis.
Landlord may allow other businesses and not-for-profit entities to utilize the conference rooms.
Kitchenette Use.
Tenant shall have access to use the kitchenette which contains, a sink, coffee maker, refrigerator, microwave and storage cabinets, subject to the following rules and restrictions:
Tenant shall place their name and date on all food and drinks placed in the refrigerator. Tenant is responsible for removing and disposing of any perishable food or drinks in the refrigerator that are over seven (7) days old. Tenant shall not leave dirty dishes in the kitchenette. Tenant is responsible for washing all dishes of Tenant or Tenant’s clients/visitors immediately upon use. Tenant shall leave the kitchenette in the same, or better condition than Tenant found the kitchenette after every use, so that the kitchenette can be utilized by other tenants. Tenant shall not utilize any hot plate, crock pot, pressure cooker, instant pot, or other similar cooking device in the kitchenette. Tenant is solely responsible for providing all desired food and drink for their use.
Telephone booth Use
Telephone booth within Open Workspace may be utilized by all tenants of Common Door. Telephone booth shall be used on a first come first serve basis. Landlord reserves the right to limit Tenant’s use of the telephone booth if Landlord, at its sole discretion, feels the Tenants use of the telephone booth is excessive, irresponsible and/or violates the lease.
Cleaning
The Leased Space will be cleaned on a routine basis. However, housekeeping will not be provided throughout the day. Therefore, it is incumbent upon Tenant, and Tenant’s clients and visitors, as well as other tenants of Common Door to pick up after themselves, and maintain the Leased Space so that the Leased Space remains in a clean and orderly condition for the use of others.
Copier/Printer Use
Tenant shall have access to Landlord’s copier/printer machines. Tenant’s clients and visitors shall not utilize Landlord’s copier/printer machines. Tenant is allowed 100 prints/copies per month. Unused prints/copies do not accumulate and carry forward to future months. If Tenant desires to make more than 100 prints/copies per month, Tenant shall be responsible for keeping track of all copies over the permitted 100, per a copy log, and shall turn in their copy log to Landlord for the preceding month when making its lease payment. Tenant shall be charged 4 cents for additional copies whether black & white or color. Tenant shall be billed for excess copies the month after the copies were made. NOTICE: Landlord is seeking alternatives to keeping track of copies/prints, other than through a copy log maintained by Tenant. Landlord reserves the right to amend this portion of the Lease if an alternative method for keeping track of copies and prints faxes becomes available. However, the price charged for said use will not change unless expressly agreed to by both parties. If Landlord discovers that Tenant is not accurately keeping track of the copies/prints by copy log, Landlord shall charge Tenant for the estimated/actual excess copies/prints. In addition, the Landlord has the option of denying Tenant future access to the printers/copiers.
Security Cameras
The Landlord has placed security cameras outside Common Door and inside Common Door, including portions of the Leased Space. The security cameras have been placed to monitor and secure Common Door and the Nathan building as a whole and are a benefit to Tenant and Landlord. Security cameras have not been placed in any area where Tenant or Tenant’s clients and visitors have a reasonable expectation of privacy.
Post Office Box Access
If requested, the Tenant has access to a post office approved mailbox located at Common Door. Tenant’s post office mailbox number will be assigned by the Landlord. Additionally, Tenant may have packages delivered to the Property’s street address, which is 125 Third Street, Elkins, WV 26241. Landlord shall provide Tenant a key to the post office mailbox. Upon the termination of this Lease, Tenant shall return the key to the Landlord. If Tenant fails to return the key to the Landlord, Tenants deposit shall be reduced for replacement cost of the key and/or lock. At termination of this Lease, Tenant shall be solely responsible for contacting the post office to make arrangements for the forwarding of Tenant’s mail to a new address. Landlord is not responsible for the security, or handling of Tenant’s mail.
All packages delivered to Common Door will be placed in a single location next to the Post Office boxes. Tenant shall be responsible for retrieving their packages daily. Tenant shall be responsible for making all arrangements with respect to delivery of multiple packages, or large packages, and if necessary, the signing for packages. Landlord shall have no responsibility with respect to delivery of Tenant's packages to the Nathan building.
No Employee on Site
Landlord will not have an employee on site during the time the Leased Space is accessible to Tenant. As a result, Tenant, as well as other tenants to Common Door, shall work together to ensure that the Leased Space is used in a manner that promotes courteous and harmonious use of the Leased Space.
Building Access
Tenant shall be provided access to the Leased Space through a key fob and/or mobile app, which will be provided to Tenant no later than the signing of this Lease. The Leased Space will be accessible from 6:00 a.m. to 11:00 p.m., 7 days a week. Access to the Leased Space can be gained from either the front or back doors of the Nathan building. The Leased Space shall never be accessed solely by Tenant’s clients and visitors, without the Tenant present. Building access doors shall not be propped open at any time. Nothing in the terms of this Lease shall govern Tenant’s ability to access the coffee shop, also located in the Nathan building. When the coffee shop is not open, a folding barrier will separate the Common Door space from the coffee shop. However, Tenant’s access to the coffee shop must always be with the express permission of the coffee shop’s representatives.
Responsibilities of Landlord
Landlord shall be responsible for providing Tenant use of the Leased Space, pursuant to the terms of this Lease.
Responsibilities of Tenant
Tenant shall be generally responsible for use of the Leased Space subject to the terms of the Lease. Tenant acknowledges and understands that Common Door is utilized by multiple tenants which requires all tenants to act courteously and harmoniously with one another to ensure that Tenant’s and all other tenants’ interests are promoted. As a result, Tenant and Tenant’s clients and visitors shall not:
Make any loud or excessive noises that causes disruptions to others.
Allow pets into the Leased Space other than certain dogs defined as service animals under the Americans With Disabilities Act.
Allow alcoholic beverages to be stored or consumed within the Leased Space. If Tenant desires to serve alcoholic beverages as part of a business or social activity, expressly authorized by the Landlord, pursuant to Section 4.7 of the Lease, the consumption of said alcoholic beverages may be permitted with the express, written consent of Landlord. Any Tenant, client or visitor of Tenant at Common Door in an intoxicated state will be asked to leave immediately.
Allow the storage or consumption of illegal drugs within the Leased Space.
Allow the storage of any flammable or combustible items within the Leased Space.
Allow the engagement or promotion of illegal activity within the Leased Space.
Allow the use of tobacco, vapors, e-cigarettes, or any other similar items within the Leased Space, or on the sidewalks adjacent to the Nathan building. Tenant is subject to any additional regulations or restrictions placed by City and County Ordinances.
Be present in Common Door during hours when Common Door is not accessible.
Engage in any sort of sexual activities within Common Door or any parts of the Nathan building.
Burn incense, candles, use electric fragrance warmers, or any other similar fragrance items, or have excessively obnoxious body odors, or perfumes, or prepare any food or drink, or store any items that promote excessively obnoxious odors.
Post items of solicitation or announcements inside or outside the Common Door or the Nathan building without permission of the Landlord.
Allow any unnecessary electrical device to remain plugged in when the building is not accessible.
Gain access to any part of the Nathan building that is not a part of the Leased Space, unless otherwise specifically permitted.
Any violations of this paragraph by Tenant may result in immediate termination of the Lease pursuant to Section 22. Additionally, any required subjective analysis with respect to any violations of this paragraph, or the Lease in general, shall be made at the sole discretion of Landlord, subject to, and commensurate with, paragraph 4 of this Lease.
Alterations to the Leased Space
Tenant shall not make any alterations to the Leased Space. If Tenant desires physical alterations to the Leased Space, Tenant shall communicate these desires to the Landlord. Landlord shall have the sole decision making ability to any physical alterations to the Leased Space. Tenant may move the position of the tables and chairs within Open Access in such a manner that suits Tenant’s business needs, provided that it does not create a disruption or inconvenience to any other tenant. Once Tenant has completed the task which necessitated the movement of the chairs and tables, Tenant shall arrange the table and chairs back to their original positions.
Co-Renting
Tenant may not co-rent under this Lease. If Tenant desires to have Tenant’s business partner(s) utilize the Leased Space under this Lease, Tenant’s business partner(s) shall also enter into a Lease with Landlord.
Social Media
Tenant shall not post any negative social media information about Landlord, or Common Door, without first notifying Landlord of the problem, and allowing Landlord thirty (30) days to correct the problem. Tenant’s failure to abide by this paragraph will result in Landlord’s immediate termination of Tenant pursuant to paragraph 22 of this Lease.
Subleasing and Assignment
Tenant shall not assign this Lease or sublet the Leased Space. No assignment of this Lease by Landlord will release Tenant from continuing liability for full performance of this Lease unless Landlord signs a written statement clearly releasing Tenant from such liability.
Tenants Notice to Vacate
Tenant shall provide Landlord at least fifteen (15) days written notice of its intent to terminate the Lease.
Inspections and Access
Tenant acknowledges that it is leasing from Landlord space that is used by others. As such, Landlord and its representatives may enter the Leased Space at any time to make inspections, repairs, decorations, alterations, or improvements, and to show the Leased Space to others. Landlord shall take efforts to avoid disturbing Tenant when inspecting and accessing the Leased Space, to the extent practical.
Abandonment of Property
Any personal property Tenant leaves at the Leased Space may be treated by Landlord as abandoned property. Landlord shall be free to dispose of said abandoned property as Landlord sees fit. Any funds received by Landlord from the disposal of the Tenant’s personal property (net of disposal cost) may be applied to Tenant’s indebtedness to Landlord for damages, including charges for removing, storing, and selling the property. Any remaining funds shall be the property of the Landlord.
Damage or Destruction of Leased Space
If the Leased Space is damaged or destroyed by fire or other cause, Tenant shall notify Landlord immediately. If the Leased Space is damaged or destroyed to the extent that Tenant’s enjoyment is substantially impaired, Tenant shall immediately vacate the Leased Space and the Lease will automatically terminate as of the date Tenant vacates the Leased Space. In no event shall Landlord be obligated to restore the Leased Space.
Bodily Injury and Property Damage
Landlord is not an insurer of Tenant’s person or property. Except to the extent provided by law, Landlord will not be liable to Tenant for any bodily injury or property damage suffered by Tenant or Tenant’s clients or visitors.
Indemnity and Hold Harmless
Tenant as well as Tenant’s personal representative and assigns, as well as Tenant’s clients, visitors, and Tenant’s clients’ and visitors’ personal representatives and assigns, agree to indemnify and hold harmless Landlord from any and all actions, causes of actions, claims, demands, damages, costs, loss of services, expenses, attorney fees and compensation on account or in any way resulting from any personal injury, death, destruction of property or any damage, directly or indirectly, as a result of Tenant’s use of the Leased Space under this Lease. Notwithstanding anything to the contrary herein, neither party shall be liable to the other for any consequential, incidental, special or punitive damages.
Breach By Tenant
Nonpayment. If any payment due to Landlord is unpaid when due, then Landlord may immediately terminate this Lease and proceed to obtain possession of the Leased Space and recover damages, costs, and/or seek injunctive relief together with reasonable attorneys' fees as may be permitted by law. Immediate is defined as the day after a payment is due.
Noncompliance with Lease. Landlord may terminate this Lease if there is a noncompliance by Tenant with any provision of this Lease, other than a nonpayment of any payment due Landlord, and Tenant shall fail to comply with such provision within ten (10) days after Tenant's receipt of written notice from Landlord specifying the act(s) and/or omissions(s) constituting the breach and stating that the Lease shall terminate on a date not less than ten (10) days after Tenant's receipt of such notice if the breach is not remedied in ten (10) days. If the breach is capable of remedy, and Tenant adequately remedies the breach prior to the date specified in the notice, this Lease shall not terminate. If Tenant fails to remedy the breach prior to the date specified in the notice, Landlord may proceed to obtain possession and recover damages, costs,
and/or injunctive relief, together with reasonable attorneys' fees as may be permitted by law.
Nonremediable. Criminal or Willful Breach. Notwithstanding the provisions of Section 22(A) and Section 22(B) above, (i) if Tenant commits a breach which is not remediable, or is a willful subsequent breach of a like nature as a previous breach which was remedied by Tenant following notice, Landlord may give written notice to Tenant specifying the acts and/or omission(s) constituting the breach (and, if applicable, that there was a breach of a like nature) and stating that the Lease shall terminate on a date not less than ten (10) days after Tenant's receipt of such notice; and (ii) if Tenant commits a breach which involves a criminal or willful act which is not remediable and which poses a threat to health or safety to others, Landlord may terminate this Lease immediately. Following such termination, Landlord may proceed to obtain possession of the Leased Space and recover damages, costs, and reasonable attorneys’ fees as may be permitted by law.
Damages. In the event of any breach of this Lease, if Landlord pursues any remedies set forth above (and regardless of whether such remedies are prosecuted to judgment), Tenant shall be liable as follows:
For all expenses Landlord may incur for cleaning, painting and repairing the Leased Space due to Tenant's failure to leave the Leased Space thoroughly clean and in good condition, reasonable wear and tear accepted;
For any court costs incurred by Landlord;
For reasonable attorneys' fees incurred by Landlord (i) in collecting other charges or damages, and (ii) in obtaining possession of the Leased space; and
Where Landlord is not represented by an attorney, for a collection fee equal to 25% of the judgment amount for damages. Tenant understands and agrees that this amount represents damages Landlord will likely incur in efforts to obtain a judgment against Tenant (including time and effort spent in case investigation, correspondence, filing suit, discussions with lawyers, case preparation and court attendance) and to collect such judgment.
Notices.
All notices in writing required or permitted by this Lease may be delivered in person, or sent by certified mail, return receipt requested (postage prepaid) to Landlord or Tenant at such party's address, as set forth above or at such other address as a party may designate from time to time by notice given in accordance with the terms of this section.
Headings.
The headings of the sections of this Lease are inserted for convenience only and do not alter or amend the provisions that follow such headings.
Governing Law.
This Lease is entered into and shall be construed under the laws of the State of West Virginia.
Severability.
Any provision of this Lease which is prohibited by, or unlawful or unenforceable under the laws of the jurisdiction identified in Section 25 shall be ineffective only to the extent of such prohibition without invalidating the remaining provisions of this Lease.
Failure to Enforce Not a Waiver.
Landlord's acceptance of conduct not in compliance with Tenant's obligations under this Lease or waiver of a breach by Tenant shall not be interpreted as a waiver of any subsequent breach or noncompliance, and this Lease shall continue in full force and effect.
Amendments.
This Lease may be amended only by a writing signed by the parties, or by a change in Landlord's rules and regulations, provided that reasonable notice of such change is given to Tenant and provided that such changes do not substantially modify Tenant's arrangement with Landlord.
Entire Agreement.
This Lease and any rules and regulations of Landlord constitute the entire lease between Landlord and Tenant. No oral statements made by either party shall be binding.
Counterparts.
This Lease may be executed in one or more counterparts, each of which is deemed an original, but all of which together constitute one and the same instrument. This Lease may be executed by tele facsimile or PDF signature and a tele facsimile or PDF signature constitutes an original signature for all purposes.
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