Del Ray Cowork Short Term Rental Standard Terms and Conditions
The Agreement made this by and between 2210 Mount Vernon Avenue, LLC, a Virginia Limited Liability Company or Assigns, hereinafter called the Lessor, and the Lessee identified on the attached invoice, hereafter called the Lessee.
Lessor is the owner of land and improvements commonly known and numbered as 2210 Mount Vernon Avenue, Alexandria, Virginia, otherwise known as Building Number 3 of the Potomac Town Square Project and hereinafter called the “Building”.
WITNESSETH, that the said Lessor, for and in consideration of the rate identified in initial invoice or current year Del Ray Cowork rates, and also the covenants, conditions and agreements herein contained, and on the part of the Lessee to be paid, kept, and performed, and for no other consideration except as herein expressed, does hereby let and rent to the said Lessee and the said Lessee has hereby taken as tenant of the Lessor, the following described premises:
1. Suite identified on initial invoice, in the building located at 2210 Mount Vernon Avenue, Alexandria, VA including no assigned parking spaces for Lessee’s use in the project’s parking lot.
2. The lease term shall be for a period identified in initial invoice.
3. The minimum rent shall be payable by Lessee monthly, in advance, on the 1st day of each and every calendar month during the term without setoff or deduction. All utilities are included except for phone.
4. Lessor hereby acknowledges that Lessee has deposited the sum of (amount identified in initial invoice) with Lessor as security for the faithful performance by Lessee of all the terms, covenants and conditions of the Lease to be kept and performed by Lessee during the term hereof. Security deposit will be returned to Lessee at the end of lease term upon faithful performance of the provisions of this lease. Security Deposit bears no interest.
5. Lessee shall be responsible for all telephone wiring charges related to the occupancy of Leased Premises and shall pay his monthly telephone charges. Lessor shall provide maintenance and repair services without charge to the Lessee for the exterior of the building. Lessor will repair HVAC, electrical, plumbing and plumbing fixtures should they break down or fail to function. Lessee is responsible for cleaning and maintenance of these items, and should breakdown be due to improper use by Lessee then Lessee shall be responsible for repair costs. Lessee shall provide his own janitorial services for tenant space. Lessor will provide internet services via wifi, hard wire connections are available subject to expenses for connection by an authorized technician.
6. Lessee agrees to use the space solely as office space for the purposes of a general office and for no other purpose without the written consent of Lessor, such consent shall not be unreasonably withheld.
7. Lessor or Lessor's Agent may show the premises for lease any time during Lessee’s regular business hours during the last three months of this lease or any renewal thereof. Premises may be shown for sale during regular business hours at any time by appointment but Lessee shall not unreasonably withhold his consent to such appointments.
8. Lessor agrees to permit Lessee to sublet any or all of premises subject to written approval by Lessor. Such approval shall not be unreasonably withheld.
9. Lessee shall hold lessor harmless from any liability expense for loss, injury, death, or damage to any person or property, from any cause whatsoever, which may at any time be suffered or sustained by Lessee, his employees, customers, or invitees who may at any time be using, occupying, or visiting the demised premises or the sidewalks adjacent thereto.
10. Lessee further agrees at his sole expense to produce and maintain in full force and effect a policy of liability insurance from a company licensed in the Commonwealth of Virginia, with limits of not less than $1,000,000.00 per occurrence bodily injury and $1,000,000.00 per occurrence property damage, insuring Lessee against any liability arising out of the maintenance, use or occupancy of said premises. Any such policy shall provide that at least ten (10) days prior to any cancellation or alteration of the policy, the insurer shall notify the Lessor in writing. Lessee shall furnish Lessor a copy of each such policy or other appropriate evidence of its existence on or before the date of commencement of this lease. The Potomac Town Square Corporation and Lessor, Christopher Bellanca, and 2210 Mount Vernon Avenue, LLC, shall be named on the policy as additional insureds. Lessee agrees that if he should at any time fail to procure such insurance or to keep it in full force and effect, Lessor, at his option, may procure the same, and the expense thereof may be collected by Lessor as additional rental on or before the fifth day of the succeeding month. Lessor shall insure the building in which the premises are located and all appurtenances thereto against any loss due to fire, storm or other casualty.
11. Lessee shall not keep or suffer to be kept upon the premises any goods, merchandise or materials which are hazardous, nor shall Lessee suffer any activity on or about the premises which is likely to cause a cancellation of fire insurance or an increase in rates. Nevertheless, should any activity of Lessee result in an increase in the insurance rate, the increased cost shall be paid by Lessee with the next succeeding installment of rent. Lessee shall pay to Lessor, on demand, any increase in the cost of fire insurance caused by Lessee. Lessee at his sole expense shall comply with all requirements of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance covering the premises.
12. If the demised premises are so badly damaged by fire, earthquake, or other unusual action of the elements, or by any contingency (including war) beyond the reasonable control of the Lessor, as to render the premises unfit for Lessee's continued occupancy, then the rent for such premises shall abate until said premises are restored to useable condition. Within thirty days of such damage, Lessor shall submit to Lessee for his approval a general outline of work to be done and a time limit for same. If, after ten (10) days following this submission, agreement has not been reached between Lessor and Lessee, then either party may void the lease by giving written notice. All insurance money, other than that specifically related to Lessee's personal or business property, shall be paid to Lessor and all work to be done on the building which is related to the insurance claim shall be at the expense of Lessor. Should the premises be so badly damaged as to necessitate major reconstruction of the premises, then either party shall have the option to void the lease by giving ten (10) days written notice.
13. Lessee shall abide by the statutes, ordinances, laws, rules and regulations of all lawful authorities including the Potomac Town Square Corporation, which is responsible for complying with City of Alexandria snow removal ordinance for the project.
14. Lessee agrees that all property of any kind which may be on the leased premises shall be there at the sole risk of Lessee.
15. In the event that the whole or any part of said premises shall be taken for any public use by the right of eminent domain, or, in lieu of such right, taken by purchase by a public body vested with the power of eminent domain, this lease and all rights of Lessee under it shall terminate, effective as of the conveyance of the deed to said premises. Rent shall be adjusted as of the date of the conveyance, and Lessee shall have no claim against lessor for any value of the unexpired term nor shall Lessee be entitled to any part of the condemnation award for the value of the building, or purchase price in lieu of such award, nor shall Lessee be entitled to the payment of any costs or damages from the Lessor. Lessee shall be entitled to any monies awarded specifically for the value of the unexpired term of his lease or for Lessee's relocation costs.
16. If Lessor shall, without fault on his part, be made a party to any litigation or negotiation against Lessee, then Lessee shall pay all costs, expenses and reasonable attorneys' fees that are incurred or paid by Lessor in connection with such a case. Lessee shall also pay all costs, expenses, and attorneys' fees in the amount of 33% that may be incurred or paid by Lessor in enforcing the covenants and agreements in this lease.
17. Lessee shall not suffer any of his equipment to be seized or attached, to do any act of bankruptcy, nor to do any act which may result in Lessor being joined as a party to any suit at law or in equity. In the event Lessee files a petition in bankruptcy, or makes an assignment for the benefit of creditors, or a receiver of Lessees' assets is appointed or Lessee is adjudged bankrupt, such shall be considered an anticipatory breach and Lessor shall have the option of terminating this lease by giving Lessee written notice, whereupon the term of this lease shall end, and Lessee shall vacate said property in accordance with the termination notice. In the event of such anticipatory breach and termination, Lessor shall be entitled to and have a claim for liquidated damages for such breach in an amount which is the lesser of three monthly installments of rent, or the balance of the total rent due under the full term of this lease.
18. Lessee shall not permit, allow or cause any act to be performed in or about said premises which shall cause or be likely to cause injury or damage to any person, or to said premises, the building, or to the sidewalks and parking area adjoining the premises. Lessee shall not permit, allow or cause any noxious, disturbing or offensive odors, fumes, gases, or any smoke, dust, steam, or vapor or any loud or disturbing noises, sounds, or vibrations to originate in or be emitted from said premises
19. No signs, posters, displays or material shall be placed on the exterior of the premises and no alterations shall be made to the exterior of the premises, without the written approval of the Lessor, such approval shall not be unreasonably withheld. Lessee may install a logo on the front door and on the 2nd floor landing.
20. Lessor, or his designated representative, shall have the right to enter the premises at any time such entry is deemed necessary to safeguard the premises, including property and fixtures therein contained, and/or the occupants of said premises. Lessee shall provide Lessor copies of keys to the premises for this purpose and shall provide new keys should locks be changed for any reason.
21. In the event that any installment of rent is not paid on or before the due date, Lessee agrees to pay a late charge of $50.00 or 5% of monthly rent per month, whichever is greater. Lessee further agrees to pay a handling charge of $50.00 for each check returned by the bank for insufficient funds or any other reason. Returned checks will not be redeposited. Lessor may require any and all payments to be made in cash, money order or certified funds.
22. Lessor may commence legal action to re-enter and repossess said premises and to terminate this lease for default of ten (10) days in payment of any installment of rent, or for breach of any covenant herein contained.
23. It is hereby agreed that all personal property on the premises shall be liable to distraint for rent, and Lessee now hereby waives his homestead exemption and the benefits of other laws exempting said personal property from levy and sale for arrears of rent excepting property subject to any security interests by a third party.
24. Lessee agrees upon the termination of this lease to peaceably yield said premises to the Lessor, his successors assigns, in good repair less ordinary wear and tear. Upon surrender of the premises, Lessee shall have removed all rubbish, advertisements, and signs from interior, exterior and show windows if any, and in the event of failure to do so, Lessee authorizes Lessor to remove same and clean interior of premises at Lessee’s expense.
25. At the completion of the lease term, this tenancy may be terminated by either Lessor or Lessee providing to the other written notice not less than 30 days prior to the last day of the Lease Term (see Paragraph 2 “Lease Term”). Such written notice shall terminate the Lease at the conclusion of the lease term. In the absence of such prior written notice, this Lease shall convert to a Lease from month-to-month at the conclusion of its term, in which case either Lessor or Lessee shall give the other prior written notice of not less than 30 days. The thirty (30) day notice period will take effect on the first day of the next full calendar month following the date of written notification, and the lease will end on the last day of the second full calendar month following the date of written notification.
26. Any notice under this lease shall be deemed as sufficiently given if sent by certified mail to Lessee at the address of said premises, and to Lessor at the address fixed for payment of rent. Either party may, by like notice, designate a different address to which notices shall be sent. Notice shall be deemed received when mailed.
27. Waiver by Lessor of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. None of the terms, covenants or conditions contained in this lease can be waived by either party except by written agreement.
28. Lessee agrees no representations respecting the condition of the premises, nor any promise to decorate, alter, repair or improve said premises, has been made by the Lessor.
29. Lessee shall not make any alterations, additions or improvements to said premises, without the written approval of Lessor. Any alterations, additions or improvements to the premises made by the Lessee, including installed fixtures and fixed carpeting, shall become a part of said premises at the time of installation and shall remain upon termination of this lease or any renewal thereof. Lessee will indemnify and save harmless the Lessor from and against all expenses, liens, claims or damages to either property or persons which may or might arise by reason of such repairs, alterations, improvements or additions.
30. At any time and from time to time, within 3 days after Lessor requests the same, Lessee will execute, acknowledge, and deliver to Lessor, or to any other party as may be designated by Lessor, a certificate in the form of with respect to the matters set forth thereon and such other matters relating to the Lease or the status of performance of obligations of the parties hereunder as may be reasonably requested by Lessor.
31. The Lessee shall execute an estoppel agreement in the event the building is sold.
32. This lease agreement shall bind Lessor, Lessee, and their respective heirs, devises, and assigns. This Agreement contains the final and entire agreement between Lessee and Lessor, and they shall not be bound by any terms, conditions, oral statements, warranties or representations not herein contained.
ACKNOWLEDGEMENT: Having read the foregoing, we hereby ratify, approve and confirm the same as our contract and further certify that we have personally examined the above property to our satisfaction.
Del Ray Cowork Lease Standard Terms and Conditions (greater than 1 month)
1. Lessee shall be responsible for all telephone wiring charges related to the occupancy of Leased Premises and shall pay his monthly telephone charges. Lessor shall provide maintenance and repair services without charge to the Lessee for the exterior of the building. Lessor will repair HVAC, electrical, plumbing and plumbing fixtures should they break down or fail to function. Lessee is responsible for cleaning and maintenance of these items, and should breakdown be due to improper use by Lessee then Lessee shall be responsible for repair costs. Lessee shall provide his own janitorial services for tenant space. Lessor will provide internet services via wifi, hard wire connections are available subject to expenses for connection by an authorized technician.
2. Lessee agrees to use the space solely as office space for the purposes of a general office and for no other purpose without the written consent of Lessor, such consent shall not be unreasonably withheld.
3. Lessor or Lessor's Agent may show the premises for lease any time during Lessee’s regular business hours during the last three months of this lease or any renewal thereof. Premises may be shown for sale during regular business hours at any time by appointment but Lessee shall not unreasonably withhold his consent to such appointments.
4. Lessor agrees to permit Lessee to sublet any or all of premises subject to written approval by Lessor. Such approval shall not be unreasonably withheld.
5. Lessee shall hold lessor harmless from any liability expense for loss, injury, death, or damage to any person or property, from any cause whatsoever, which may at any time be suffered or sustained by Lessee, his employees, customers, or invitees who may at any time be using, occupying, or visiting the demised premises or the sidewalks adjacent thereto.
6. Lessee further agrees at his sole expense to produce and maintain in full force and effect a policy of liability insurance from a company licensed in the Commonwealth of Virginia, with limits of not less than $1,000,000.00 per occurrence bodily injury and $1,000,000.00 per occurrence property damage, insuring Lessee against any liability arising out of the maintenance, use or occupancy of said premises. Any such policy shall provide that at least ten (10) days prior to any cancellation or alteration of the policy, the insurer shall notify the Lessor in writing. Lessee shall furnish Lessor a copy of each such policy or other appropriate evidence of its existence on or before the date of commencement of this lease. The Potomac Town Square Corporation and Lessor, 2210 Mount Vernon Avenue, LLC, shall be named on the policy as additional insureds. Lessee agrees that if he should at any time fail to procure such insurance or to keep it in full force and effect, Lessor, at his option, may procure the same, and the expense thereof may be collected by Lessor as additional rental on or before the fifth day of the succeeding month. Lessor shall insure the building in which the premises are located and all appurtenances thereto against any loss due to fire, storm or other casualty. Lessor shall also maintain policies of comprehensive general liability insurance in which Lessee shall be named as an additional insured.
7. Lessee shall not keep or suffer to be kept upon the premises any goods, merchandise or materials which are hazardous, nor shall Lessee suffer any activity on or about the premises which is likely to cause a cancellation of fire insurance or an increase in rates. Nevertheless, should any activity of Lessee result in an increase in the insurance rate, the increased cost shall be paid by Lessee with the next succeeding installment of rent. Lessee shall pay to Lessor, on demand, any increase in the cost of fire insurance caused by Lessee. Lessee at his sole expense shall comply with all requirements of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance covering the premises.
8. If the demised premises are so badly damaged by fire, earthquake, or other unusual action of the elements, or by any contingency (including war) beyond the reasonable control of the Lessor, as to render the premises unfit for Lessee's continued occupancy, then the rent for such premises shall abate until said premises are restored to useable condition. Within thirty days of such damage, Lessor shall submit to Lessee for his approval a general outline of work to be done and a time limit for same. If, after ten (10) days following this submission, agreement has not been reached between Lessor and Lessee, then either party may void the lease by giving written notice. All insurance money, other than that specifically related to Lessee's personal or business property, shall be paid to Lessor and all work to be done on the building which is related to the insurance claim shall be at the expense of Lessor. Should the premises be so badly damaged as to necessitate major reconstruction of the premises, then either party shall have the option to void the lease by giving ten (10) days written notice.
9. Lessee shall abide by the statutes, ordinances, laws, rules and regulations of all lawful authorities including the Potomac Town Square Corporation, which is responsible for complying with City of Alexandria snow removal ordinance for the project.
10. Lessee agrees that all property of any kind which may be on the leased premises shall be there at the sole risk of Lessee.
11. In the event that the whole or any part of said premises shall be taken for any public use by the right of eminent domain, or, in lieu of such right, taken by purchase by a public body vested with the power of eminent domain, this lease and all rights of Lessee under it shall terminate, effective as of the conveyance of the deed to said premises. Rent shall be adjusted as of the date of the conveyance, and Lessee shall have no claim against lessor for any value of the unexpired term nor shall Lessee be entitled to any part of the condemnation award for the value of the building, or purchase price in lieu of such award, nor shall Lessee be entitled to the payment of any costs or damages from the Lessor. Lessee shall be entitled to any monies awarded specifically for the value of the unexpired term of his lease or for Lessee's relocation costs.
12. If Lessor shall, without fault on his part, be made a party to any litigation or negotiation against Lessee, then Lessee shall pay all costs, expenses and reasonable attorneys' fees that are incurred or paid by Lessor in connection with such a case. Lessee shall also pay all costs, expenses, and attorneys' fees in the amount of 33% that may be incurred or paid by Lessor in enforcing the covenants and agreements in this lease.
13. Lessee shall not suffer any of his equipment to be seized or attached, to do any act of bankruptcy, nor to do any act which may result in Lessor being joined as a party to any suit at law or in equity. In the event Lessee files a petition in bankruptcy, or makes an assignment for the benefit of creditors, or a receiver of Lessees' assets is appointed or Lessee is adjudged bankrupt, such shall be considered an anticipatory breach and Lessor shall have the option of terminating this lease by giving Lessee written notice, whereupon the term of this lease shall end, and Lessee shall vacate said property in accordance with the termination notice. In the event of such anticipatory breach and termination, Lessor shall be entitled to and have a claim for liquidated damages for such breach in an amount which is the lesser of three monthly installments of rent, or the balance of the total rent due under the full term of this lease.
14. Lessee shall not permit, allow or cause any act to be performed in or about said premises which shall cause or be likely to cause injury or damage to any person, or to said premises, the building, or to the sidewalks and parking area adjoining the premises. Lessee shall not permit, allow or cause any noxious, disturbing or offensive odors, fumes, gases, or any smoke, dust, steam, or vapor or any loud or disturbing noises, sounds, or vibrations to originate in or be emitted from said premises.
15. No signs, posters, displays or material shall be placed on the exterior of the premises and no alterations shall be made to the exterior of the premises, without the written approval of the Lessor, such approval shall not be unreasonably withheld. Lessee may install a logo on the front door and on the 2nd floor landing.
16. Lessor, or his designated representative, shall have the right to enter the premises at any time such entry is deemed necessary to safeguard the premises, including property and fixtures therein contained, and/or the occupants of said premises. Lessee shall provide Lessor copies
of keys to the premises for this purpose and shall provide new keys should locks be changed for any reason.
17. In the event that any installment of rent is not paid on or before the due date, Lessee agrees to pay a late charge of $50.00 or 5% of monthly rent per month, whichever is greater. Lessee further agrees to pay a handling charge of $50.00 for each check returned by the bank for insufficient funds or any other reason. Returned checks will not be redeposited. Lessor may require any and all payments to be made in cash, money order or certified funds.
18. Lessor may commence legal action to re-enter and repossess said premises and to terminate this lease for default of ten (10) days in payment of any installment of rent, or for breach of any covenant herein contained.
19. It is hereby agreed that all personal property on the premises shall be liable to distraint for rent, and Lessee now hereby waives his homestead exemption and the benefits of other laws exempting said personal property from levy and sale for arrears of rent excepting property subject to any security interests by a third party.
20. Lessee agrees upon the termination of this lease to peaceably yield said premises to the Lessor, his successors assigns, in good repair less ordinary wear and tear. Upon surrender of the premises, Lessee shall have removed all rubbish, advertisements, and signs from interior, exterior and show windows if any, and in the event of failure to do so, Lessee authorizes Lessor to remove same and clean interior of premises at Lessee’s expense.
21. At the completion of the lease term, this tenancy may be terminated by either Lessor or Lessee providing to the other written notice not less than 60 days prior to the last day of the Lease Term (see Paragraph 2 “Lease Term”). Such written notice shall terminate the Lease at the conclusion of the lease term. In the absence of such prior written notice, this Lease shall convert to a Lease from month-to-month at the conclusion of its term, in which case either Lessor or Lessee shall give the other prior written notice of not less than 30 days. The thirty (30) day notice period will take effect on the first day of the next full calendar month following the date of written notification, and the lease will end on the last day of the second full calendar month following the date of written notification.
22. Any notice under this lease shall be deemed as sufficiently given if sent by certified mail to Lessee at the address of said premises, and to Lessor at the address fixed for payment of rent. Either party may, by like notice, designate a different address to which notices shall be sent. Notice shall be deemed received when mailed.
23. Waiver by Lessor of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. None of the terms, covenants or conditions contained in this lease can be waived by either party except by written agreement.
24. Lessee agrees no representations respecting the condition of the premises, nor any promise to decorate, alter, repair or improve said premises, has been made by the Lessor.
25. Lessee shall not make any alterations, additions or improvements to said premises, without the written approval of Lessor. Any alterations, additions or improvements to the premises made by the Lessee, including installed fixtures and fixed carpeting, shall become a part of said premises at the time of installation and shall remain upon termination of this lease or any renewal thereof. Lessee will indemnify and save harmless the Lessor from and against all expenses, liens, claims or damages to either property or persons which may or might arise by reason of such repairs, alterations, improvements or additions.
26. At any time and from time to time, within 3 days after Lessor requests the same, Lessee will execute, acknowledge, and deliver to Lessor, or to any other party as may be designated by Lessor, a certificate in the form of with respect to the matters set forth thereon and such other matters relating to the Lease or the status of performance of obligations of the parties hereunder as may be reasonably requested by Lessor.
27. The Lessee shall execute an estoppel agreement in the event the building is sold.
28. This lease agreement shall bind Lessor, Lessee, and their respective heirs, devises, and assigns. This Agreement contains the final and entire agreement between Lessee and Lessor, and they shall not be bound by any terms, conditions, oral statements, warranties or representations not herein contained.
ACKNOWLEDGEMENT: Having read the foregoing, we hereby ratify, approve and confirm the same as our contract and further certify that we have personally examined the above property to our satisfaction.