Professional Documents
Culture Documents
FOR
EXECUTIVE SUITES
(Virtual Office Lease)
THIS LEASE AGREEMENT is made and entered into this _____ day of __________, 2008, between Spicewood Professional
Offices, hereinafter called "Lessor", and ______________________, hereinafter called "Lessee".
WITNESSETH, that for and in consideration of the payment of the rents, the performance of mutual covenants, and the
agreements hereinafter set forth, the parties do hereby mutually agree as follows:
1. PREMISES
The Lessor does hereby Lease to Lessee, and Lessee does hereby Lease from Lessor, the right to use certain facilities in the
office Building situated at 4408 Spicewood Springs Road, Austin, Texas 78759 (the "Building" or the "Premises").
Specifically, Lessee may have mail delivered to the Building, may use the conference facilities on a first come reservation
basis for up to 20 hours per month. If Lessee's useage exceeds these general terms, Lessor has the right to charge Lessee
$25.00 per half-day for overages.
2. TERM
The term of this Lease shall begin ____________________ and end ____________________. Thereafter, either party may
terminate this agreement with thirty (30) days written notice so long as the termination date is the last day of a calendar month.
3. RENTAL
The rent to be paid by Lessee to Lessor for said Premises during said term shall be the sum of One Hundred Fifty Dollars
($150.00)
per month payable in advance on the first day of each calendar month during the term of this Lease. If the obligation of the
Lessee to pay rent hereunder begins on a day other than on the first day of a month, rent from such date until the first day of the
following month shall be pro-rated at the rate of one-thirtieth (1/30) of the monthly rental for each calendar day. Said rent will
be payable to Spicewood Professional Offices, at 4408 Spicewood Springs Road, Austin, Texas 78759 or to such other party or
to such other address as Lessor may designate from time to time by written notice to Lessee, without demand and without
deduction, set-off, or counterclaim.
All money received shall be credited first to non-rent items provided for in this agreement and/or damages, and the balance to
base rent regardless of notations on checks of payments. Lessee shall be responsible for any and all taxes assessed on Lessee's
furniture and equipment and on rentals paid by Lessee.
If Lessee fails to pay any regular monthly installment of Rent by the tenth (10th) day of the month in which the installment is
due, or any other sum or money owed to Lessor with five (5) days after such sums are due and owing to Lessor, Lessee shall
pay a late charge equal to thirty dollars ($30.00) to compensate Lessor for the administrative expenses incurred. Should Lessee
make a partial payment of past due amounts, the amount of such partial payment shall be applied first to reduce all accrued and
unpaid late charges, in inverse order of maturity, and then to reduce all other past due amounts, in inverse order of their
maturity.
5. OFFICE SERVICES
Lessor shall provide, if so offered and available, office services as described in Exhibit A.
6. USE
Lessee will use and occupy the Premises solely for Lessees business purposes and in accordance with the use permitted under
applicable zoning regulations and/or deed restrictions. Without the prior written consent of the Lessor, the Premises will not be
used for any other purpose. Lessee will not use or occupy the Premises for any unlawful purpose, and will comply with all
present and future laws, ordinances, regulations and orders of all agencies of the Federal and Local governments, or any other
public authority having jurisdiction over the Premises.
Lessee shall not (i) assign, convey, mortgage, pledge, encumber, or otherwise transfer (whether voluntarily, by operation of law,
or otherwise) this Lease or any interest hereunder; (ii) allow any lien to be placed upon Lessor's interest hereunder; (iii) sublet
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the Premises or any part thereof; or (iv) permit the use or occupancy of the Premises or any part thereof by anyone other than
Lessee. Any attempt to consummate any of the foregoing without Lessor's consent shall be of no force or effect and shall be an
Event of Default under this Lease. For purposes hereof, (v) the transfer of the ownership or voting rights in a controlling
interest of the voting stock of Lessee (if Lessee is a corporation), (vi) the transfer of a general partnership interest or the
transfer of twenty-five percent (25%) of the limited partnership interests in Lessee (if Lessee is a partnership), (vii) the merger
or consolidation of Lessee with or into any other corporation or entity, or (viii) a sale or transfer of fiftypercent (50%) or more
of Lessee's assets, at any time throughout the term of this Lease shall be deemed to be an assignment of this Lease.
8. NOTICES
All notices or other communications hereunder required shall be by mail, return receipt requested or hand delivered, (i) to
Lessor, at Spicewood Professional Offices, at 4408 Spicewood Springs Road, Austin, Texas 77859, and (ii) to Lessee, at 4408
Spicewood Springs Road, Austin, Texas 77859, unless notice of a change of address is given pursuant to the provisions of this
article. Mailed notices shall be presumed received three (3) days after mailing.
9. SUBORDINATION
This Lease is subject and subordinate to each ground or land Lease which may now or hereafter cover all or any part of the
Premises and to each mortgage, deed of trust or similar security instrument which may now or hereafter encumber all or any
portion of the Premises and to all renewals, modifications, consolidations, replacements and extensions thereof. This shall be
self-operative and no further instrument of subordination need be required by any mortgagee or lessor. Lessee, however, upon
Lessor's request, shall execute promptly any appropriate certificate or instrument in confirmation of such subordination. Lessee
hereby constitutes and appoints Lessor as Lessee's attorney in fact to execute any such certificate or instrument for and on
behalf of Lessee in the event Lessee fails to execute such certificate or instrument within ten (10) days following Lessor's
request. In the event of the enforcement by the lessor under any such ground or land Lease or the trustee, the mortgagee or the
beneficiary under any such mortgage, deed of trust or similar security instrument, Lessee, upon request of any person or party
succeeding to the interest of Lessor as a result of such enforcement, automatically will become the Lessor of such successor in
interest without change in the terms or other provisions of this Lease; provided, however, that such successor in interest shall
not be (a) subject to any credits, offsets, defenses or claims which Lessee may have against any prior Lessor, (b) bound by any
payment of Rent for more than one (1) month in advance, except prepayments in the nature of security for the performance by
Lessee of its obligations under this Lease which are actually received by such successor in interest, (c) bound by any
amendment or modification of this Lease made after the applicable ground or land Lease, mortgage, deed of trust or similar
security instrument is placed against the Premises (and Lessee has been given notice thereof without the written consent of
such lessor, trustee, mortgagee or beneficiary), (d) liable for any act, omission, neglect or default of any prior Lessor, or (e)
required to make any capital improvements to the Premises which Lessor may have agreed to make but had not completed.
Notwithstanding the foregoing, the holder of any ground or land Lease that may now affect all or any portion of the Premises or
the holder of any mortgage, deed of trust or similar security instrument that may now affect all or any portion of the Premises or
the instrument that may now encumber all or any portion of the Premises may elect at any time to cause their interest in the
Premises to be subordinate and junior to Lessee's interest under this Lease by filing an instrument in the appropriate records of
the jurisdiction where the Premises is located effecting such election and providing Lessee with notice of such election.
Within ten (1O) days after Lessor's request, Lessee will execute an estoppel certificate certifying as to such facts (if true) as
Lessor (or mortgagees, ground or land lessors or proposed purchasers of the Premises) may reasonably request (including, in
the case of mortgagees or ground or land lessors, reasonable notice and cure provisions). Failure to deliver such estoppel
certificate within such ten (10) day period shall be deemed Lessee's agreement to and acknowledgment of the statements
contained therein.
Lessee, its employees, agents and invitees, will conduct its business in such a manner as to be compatible with the other
Lessees in the Building and will also conduct its business in such a way as not to interfere with the work of Lessor's employees.
Lessor reserves the right to establish Rules and Regulations concerning the conduct of lessees of the Building, provided same
are comparable with other office Buildings in the same city.
12. LIABILITY
Lessor shall not be liable for any damage to any property at any time in said Premises or Building from gas, smoke, water, rain
or snow, which may leak into, issue or form from any part of said building of which the premises hereby leased are part, or
from the pipes or plumbing work of the same, or from any other place or quarter. Under no circumstances shall Landlord be
liable to Tenant or Tenants employees, agents, guests or invitees for any action by any person (including trespassers and
criminals) other than Landlord or Landlords employees.
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13. LESSOR'S EMPLOYEES
Lessee agrees that during the term of this Lease and for twelve (12) months after its termination, Lessee will not offer
employment to or hire any of the employees of the Lessor. Upon breach of this agreement, Lessee shall pay as liquidated
damages to Lessor, a sum equal to one hundred percent (100%) of each such employee's annual wages.
Neither Lessor nor any agent or employee of Lessor has made any representations or promises with respect to the Premises or
the Building except as herein expressly set forth. The Lessee, by taking possession of the Premises, shall accept the same "as
is", and such taking of possession shall be conclusive evidence that the Premises are in good and satisfactory condition at the
time of such taking of possession.
15. WAIVER
No waiver by Lessor of any breach of any covenant, condition or agreement shall constitute a waiver of any subsequent breach
thereof.
16. SEVERABILITY
In the event any part of this Lease is held to be unenforceable, or invalid, for any reason or cause, the balance of this Lease
shall not be affected and shall remain in full force and effect during the term of the Lease.
This Lease and the rights and obligations of Lessor and Lessee hereunder shall be governed by the laws of the State of Texas.
This Lease, together with any exhibits attached hereto and made a part hereof, contains and embodies the entire agreement of
the parties hereto, and no representations, inducements, or agreements, oral or otherwise, between the parties not contained
and embodied in this Lease, including its Exhibits, shall be of any force or effect, and the same may not be modified, changed
or terminated in whole or in part in any manner other than by agreement in writing duly signed by all parties hereto.
A. Lessee will use its best efforts not to use the conference facilities the last two (2) business days of the month each
month and the first business day of each month, and if any such days are used, usage will be limited to four hours per day.
LESSEE:
________________________________
Printed name: ____________________
Date: ___________________________
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LESSOR:
By: ____________________________
Date: __________________________
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EXHIBIT A
OFFICE SERVICES
1. Receptionist and Answering Service. Landlord will provide a receptionist and accept and process telephone
calls and messages Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m. (4:30 p.m. on
Fridays), excluding holidays (as determined by Landlord) and days preceding holidays when the office may
close or close early and days of severe weather or other unusual circumstances. Landlord shall only accept
and process telephone calls and messages for persons occupying the Premises as defined in this Lease. The
Spicewood Professional Offices after hours number should not be given out or used by third parties.
2. Conference Facilities. Reservations shall be handled through the Receptionist or other designated
representative of Landlord and no use will be permitted without reservation.
3. Telephone Service. Telephone equipment will be provided by Landlord and rented by Tenant. Installation
of any new telephone equipment line and programming will be provided by Landlord's contractor and billed
to Tenant. All local and long distance services will be the responsibility of Tenant. Tenant is required to
have individual telephone number(s). The number of lines available to Tenant may be limited by the
capacity of Landlord's phone system. To receive electronic phone messages, Tenant must provide a personal
computer compatible with Landlord's network.
4. Photocopying. Landlord will provide a copier with collating and reduction capabilities.
5. Mail Processing. Outgoing mail will be processed and billed on a monthly basis. Incoming mail will be
sorted and placed in an individual mail slot at no charge.
7. Kitchen and Lounge Facilities. Coffee, refrigerator, microwave and kitchen facilities are provided at no
charge.
8. Delivery service. Available to Tenants and billed on a monthly basis, subject to availability of Landlord's
runners.
Photocopy Services on our copier with automatic and manual feed, reduction and enlargement:
Secretarial Services
(if available) $ 7.50 per quarter hour
Postage Services:
Posting Mail Actual + 20%
Certified Mail Preparation Actual + $1.50/envelope
All charges are monthly unless stated otherwise and may be adjusted by Landlord with 30 days notice. Landlord reserves the
right to adjust the billing cycle by a few days to expedite billing.
EXHIBIT C
5.Tenant shall not place, install or operate on the Premises or in any part of the
Building any engine, heating, or air conditioning apparatus, machinery, or conduct
mechanical operations thereon or therein, or place or use in or about the Premises
any explosives, gasoline, kerosene, oil, acids, caustics or any other inflammable,
explosive, hazardous or odorous material without the prior written consent of
Landlord. No portion of the Premises shall at any time be used for sleeping or
lodging quarters.
6. Tenant shall not make or permit any loud or improper noises or odors in the
Building or otherwise interfere in any way with other Landlords or persons
having business with them. Tenant shall in addition conduct its business and
control its agents, employees, invitees and visitors in such a manner as not
to create any nuisance, or interfere with, annoy or disturb any other tenants
or Landlord in its operation of the Building.
7.Landlord will not be responsible for any lost or stolen personal property,
equipment, money or jewelry from the Premises or public areas, regardless of whether
such loss occurs when the area is locked against entry or not.
9.No additional lock or locks shall be placed by Tenant on any door in the Building
unless written consent of Landlord shall have first been obtained. Any key required
must be obtained from Landlord. A charge will be made for each additional key
furnished. All keys shall be surrendered to Landlord upon termination of tenancy.
10. None of the entries, passages, doors, hallways, or stairways in the Building
shall be blocked or obstructed. Such areas shall not be used at any time
except for access or egress by Tenant, Landlord's agents, employees or
invitees.
11.Landlord shall have the right to determine and prescribe the weight and proper
position of any unusually heavy equipment, including safes, large files, etc., that
are to be placed in the Building, and only those which in the exclusive judgment of
the Landlord will not do damage to the floors and/or structure may be moved into the
Building. Any damage occasioned in connection with the moving or installing of such
aforementioned articles in the Building or the existence of same in the Building
shall be paid for by Tenant.
12.All Christmas and other temporary or special decorations must be flame retardant
and approved by Landlord.
13. Names to be placed on or removed from any directory board in the lobby of the
Building should be furnished to the Landlord in writing on Tenant's
letterhead.
14.Any additional services as are routinely provided to Tenants not required by the
Lease to be performed by Landlord, which Tenant requests Landlord to perform, and
which are performed by Landlord, shall be billed to Tenant.
15. All doors leading from public corridors to the Premises are to be kept closed
when not in use.
17. Tenant shall give immediate notice to the Landlord in case of accidents in the
Lease Premises or in the Building or of defects therein or in any fixtures or
equipment, or of any known emergency in the Building.
18.Tenant shall not use the Premises or permit the Premises to be used for
photographic, multilith or multigraph reproductions, except in connection with its
own business.
19. The plumbing facilities shall not be used for any other purposes than that for
which they are constructed, and no foreign substance of any kind shall be
placed therein, and the expense of any breakage, stoppage or damage resulting
from the violation of this provision shall be borne by Tenant.
20.Tenant shall permit Landlord to install signs on the interior or exterior of the
Building and Premises, and/or change the name of the "Building", or street address,
after thirty (30) days written notice of its intention to do so,
21. Tenant will be responsible for any damage to carpeting and flooring as a
result of rust or corrosion of file cabinets, pot holders, roller chairs and
metal objects.
23. Landlord reserves the right to rescind any of these Rules and Regulations of
the Building, and to make such other and further rules and regulations as in
its judgment shall from time to time be needful for the safety, protection,
care and cleanliness of the Building, the Premises and the operation thereof,
the preservation of good order therein and the protection and comfort of the
other Tenant's in the Building and their agents, employees and invitees, which
rules and regulations, when made and written notice thereof given to Tenant,
shall be binding upon Tenant in like manner as if originally herein
prescribed.
24.The normal standard business operating hours for the Building are 8:00 a.m. to
5:00 p.m. on Monday through Fridays, exclusive of legal holidays. Landlord shall
provide a list of observed holidays at the beginning of each calendar year.
26. Tenant acknowledges that other attorneys and professionals currently occupy
the Premises and consideration and courtesy will be given to all other tenants
of the Building in the scheduling and use of the conference rooms and that
similar courtesy will be accorded all tenants of the Building in the use of
the copier machine and other office equipment.
27. Tenant acknowledges and agrees the Landlord shall not be liable for any delays
and interruption of service due to any malfunctions of the copier machine,
telephone system, electrical system or air conditioning/heating system or any
loss or liability as a result thereof. Landlord shall not be liable for any
loss or damage to Tenant's furniture, office equipment or personal effects.
28. Tenants are asked to minimize heavy drainage on any internet access (i.e.
downloading massive documents or TV use) during normal business hours as such
usage can slow access for everyone. Landlord reserves the right to implement
further rules regarding internet use.
29. CASH PAYMENTS: We prefer not to receive any cash payments left for tenants
and we ask that you instruct your clients to come by when you are in. We
realize that you may not always have control over this, so we have instructed
our staff to direct all cash payments to management. Please have your clients
ask for the "office manager" and not just drop off cash to whomever is up
front. We can not be responsible for any cash not left with management. We
apologize for any inconvenience this may impose and hope you understand our
desire not to be responsible for handling cash payments. Of course, if you
have any special needs feel free to come see us.