Space Use Agreements

4. Indicate any responsibility for maintenance, repair and modification. Include expectations when groups are responsible for fixing things that break or if they let their craftsman do the work instead of hiring professionals. Also identify what the owner will maintain and repair, z.B. major operating systems and outdoor facilities. Indicate whether you expect minimal configuration changes from a standard configuration configuration and require “inappropriate” storage space when waste is removed after use. Explain the expectations regarding the removal of furniture and equipment from the premises. You can also make it clear if you allow important changes such as build-out, new features and sign reservations. 3. Explain the “where” and “when” of using the property. The best space allocation agreements usually include an attached map showing the specific space provided for the customer`s exclusive use (including areas such as closed warehouses or cabinets). Additional areas can be identified for sharing (z.B. stairwell, bathrooms).

Time considerations should also be identified. Based on the example above, the written agreement could identify the area of divine service as at certain Sunday times for exclusive use by the customer, common spaces available at these times and other areas available at certain times during the week. An owner-managed installation schedule for special occasions or other unique uses can also be useful for coordinating with the customer (perhaps in exchange for an additional shared fee). As co-working spaces like WeWork become increasingly popular, real estate lawyers are often asked to help clients cope with the pitfalls of space-sharing agreements. This article generally explains how these agreements differ from the leases, pros and cons of these agreements from the user`s point of view and consider advising both the user and the tenant/licensee. 2. Space sharing is not a “leasing.” Leasing refers to commercial activity, which is essentially incompatible with most of the state`s property tax exemption requirements, particularly the absence of a “profit vision.” Therefore, when an organization is exempt from property taxes, terms such as “rent” and “tenant” should not apply. Instead, use the terminology “space sharing” or “cost-sharing” to identify the agreement, including “contributions” instead of “rent” and “guest” instead of “tenant,” for both external integrity and internal integrity.

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