-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 It is effectively - as I understand it - the situation we're in. The alternative to "waiving" the current lease is a useless legal battle where we end up - at best - with winning and having to leave in 6 months regardless.
Ron On 2012-10-25 10:42, Jay Smith wrote: > I'm sorry, and I understand that you're just relaying what Ron said, but it > isn't correct. > > - We have not waved the old lease > - We did not 'agree' to let them sign the document. Our stance is that we > can't stop them from signing the document with the landlord, but we have > not yet recognized it as an official lease. > - AW has not agreed to letting us stay on 6 months, it's one of many ideas > being discussed. > - Anything not coming directly from Courtney or Myself regarding > discussions with AW is just rumor (or in this case, a game of telephone). > > Ron's explanation is a possible outcome, but it has not happened yet. > > On Thu, Oct 25, 2012 at 10:33 AM, Roswyne <[email protected]> wrote: > > > I called it "waiving", as I believe that is the correct legal term. > > > > > > Here is the actual chat log. (For those who don't know, iago-x86 is Ron.) > > > > > > [10:11] <+iago-x86> They effectively said they'll invoke the 6 month > > clause, but gave us the option to agree to disregard the new lease (legal > > if we both consent) and sign a new one immediately > > [10:12] <+iago-x86> AssentWorks wanted to sign right away - it would be > > difficult for them to deal with the uncertainty, so we agreed to let them > > [10:12] <+iago-x86> Then AW gave us the option to stay on our current > > terms for 6 months (with them) or sign a new one and pay our share > > > > > > On Thu, Oct 25, 2012 at 10:27 AM, Courtney Lofchick <[email protected] > > > wrote: > > > >> Who said we waived our rights? > >> > >> > >> On Thu, Oct 25, 2012 at 10:24 AM, Roswyne <[email protected]> wrote: > >> > >>> Apparently we have *waived* our right to our existing lease to avoid > >>> forcing the landlord to invoke the six month clause. > >>> > >>> AssentWorks will (but has not yet) signed a new lease, agreeing to the > >>> new terms (retroactively paying electrical bills and paying all new > >>> utility > >>> bills). > >>> > >>> We could then sublease from AW for six months under the terms of the > >>> original lease, or for the remainder of their new lease at appropriate > >>> terms. They would presumably want to pass on their new, higher, costs. > >>> > >>> > >>> > >>> > >>> On Thu, Oct 25, 2012 at 9:48 AM, Justin Lacko <[email protected]> wrote: > >>> > >>>> Siu, > >>>> > >>>> I appreciate your concern and volunteering to cover some preliminary > >>>> legal costs. I think I need to stress again that we're beyond the > >>>> details of the legality of the lease and we're now focused on whether > >>>> we stay and reduce our footprint, or we find a new space. Your money > >>>> would be much better spent on helping out with upcoming electrical > >>>> costs - no matter where we end up there will be these costs. > >>>> > >>>> ~Justin > >>>> > >>>> On 25 October 2012 09:34, Courtney Lofchick <[email protected]> > >>>> wrote: > >>>> > If they want of request AW pay back electrical in a future contract > >>>> then it > >>>> > is not illegal. Especially if they agree to it. We don't have to pay > >>>> it > >>>> > unless we stay. The landlord is not imposing that on us, AW is. > >>>> > Claiming we don't have a lease is different. We have one, but it's not > >>>> > relevant. They can give us 6 months if they want to. > >>>> > You don't need to get a lawyer to determine if the landlord is > >>>> > untrustworthy. A quick look at court records will show their track > >>>> record. > >>>> > That being said if you want to pay for a lawyer please do so but > >>>> perhaps it > >>>> > would be better put to helping us come to an agreement with AW if we > >>>> stay. > >>>> > > >>>> > On Thu, Oct 25, 2012 at 9:27 AM, Roswyne <[email protected]> wrote: > >>>> >> > >>>> >> You can't change a contract once it's signed - the whole point of > >>>> signing > >>>> >> it is to confirm and finalize what the terms are. It's illegal for > >>>> them to > >>>> >> insist on anything that wasn't covered in the contract. > >>>> >> > >>>> >> As far as I can tell, they're sticking to their story that we never > >>>> had a > >>>> >> contract, which is interesting to say the least. They certainly > >>>> collected > >>>> >> rent in accordance with it. > >>>> >> > >>>> >> Is there a particular reason that the board doesn't want a lawyer to > >>>> see > >>>> >> the contracts? I understand it's an extra expense, but I've already > >>>> offered > >>>> >> to cover that. > >>>> >> > >>>> >> > >>>> >> > >>>> >> > >>>> >> > >>>> >> On Thu, Oct 25, 2012 at 9:15 AM, Ron <[email protected]> wrote: > >>>> >>> > >>>> >>> -----BEGIN PGP SIGNED MESSAGE----- > >>>> >>> Hash: SHA1 > >>>> >>> > >>>> >>> They're not illegal. There's nothing stopping them from saying > >>>> "your new > >>>> >>> lease requires you to pay us $6000 immediately". The only sketchy > >>>> thing > >>>> >>> is signing a second lease while the first is in effect, but that > >>>> isn't > >>>> >>> harming us in any way so I'm not worried. > >>>> >>> > >>>> >>> Ron > >>>> >>> > >>>> >>> On 2012-10-25 09:12, Roswyne wrote: > >>>> >>> > To follow up on this - I think it makes a significant difference > >>>> >>> > whether or > >>>> >>> > not their actions have been illegal. If they've been legal, then > >>>> we > >>>> >>> > can > >>>> >>> > continue to deal with them... but if they've violated their > >>>> contracts > >>>> >>> > with > >>>> >>> > us, then we can't trust them at all. > >>>> >>> > > >>>> >>> > If I can get copies of our two leases, I'll take them to a lawyer > >>>> for > >>>> >>> > review *at my own expense*. > >>>> >>> > > >>>> >>> > > >>>> >>> > > >>>> >>> > > >>>> >>> > > >>>> >>> > On Thu, Oct 25, 2012 at 7:54 AM, Roswyne <[email protected]> > >>>> wrote: > >>>> >>> > > >>>> >>> > > My experience says that people who behave unfairly do so > >>>> >>> > > consistently, and > >>>> >>> > > escalate until you stop giving in to them. > >>>> >>> > > > >>>> >>> > > We all know how this has continuously gotten worse as its > >>>> progressed. > >>>> >>> > > Why > >>>> >>> > > give them another chance to shock us? > >>>> >>> > > > >>>> >>> > > Moving time and costs will depend on what we take with us, > >>>> based on > >>>> >>> > > the > >>>> >>> > > size of the new place and what people consider important. For > >>>> >>> > > example, if > >>>> >>> > > we don't have room for six couches, we won't take them all. And > >>>> >>> > > Assentworks > >>>> >>> > > might be happy to inheirit the ones we leave. > >>>> >>> > > > >>>> >>> > > Similarly, people can take back any "lent" items and personal > >>>> >>> > > projects. > >>>> >>> > > Tables can be folded down, and benches and shelves can be > >>>> >>> > > disassembled. > >>>> >>> > > > >>>> >>> > > We shouldn't over plan the new location. Its easy to make plans > >>>> - one > >>>> >>> > > person can do that alone. But it takes a team to build > >>>> everything. > >>>> >>> > > > >>>> >>> > > We'll do better to embrace a flexible, adaptive floor layout, > >>>> and let > >>>> >>> > > it > >>>> >>> > > grow based on need/usage. > >>>> >>> > > > >>>> >>> > > > >>>> >>> > >>>> >>> > _______________________________________________ > >>>> >>> > SkullSpace Discuss Mailing List > >>>> >>> > Help: > >>>> http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss > >>>> >>> > Archive: > >>>> https://groups.google.com/group/skullspace-discuss-archive/ > >>>> >>> > >>>> >>> -----BEGIN PGP SIGNATURE----- > >>>> >>> Version: GnuPG v2.0.19 (GNU/Linux) > >>>> >>> > >>>> >>> iEYEARECAAYFAlCJSWwACgkQ2t2zxlt4g/QnHQCfa1Wt0Q/u8EY8Iv0ea2AhlF+s > >>>> >>> EssAnA3pOsfSM2dxn3cSbjKY6M00aVIk > >>>> >>> =/z5o > >>>> >>> -----END PGP SIGNATURE----- > >>>> >>> _______________________________________________ > >>>> >>> SkullSpace Discuss Mailing List > >>>> >>> Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss > >>>> >>> Archive: > >>>> https://groups.google.com/group/skullspace-discuss-archive/ > >>>> >> > >>>> >> > >>>> >> > >>>> >> _______________________________________________ > >>>> >> SkullSpace Discuss Mailing List > >>>> >> Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss > >>>> >> Archive: https://groups.google.com/group/skullspace-discuss-archive/ > >>>> > > >>>> > > >>>> > > >>>> > _______________________________________________ > >>>> > SkullSpace Discuss Mailing List > >>>> > Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss > >>>> > Archive: https://groups.google.com/group/skullspace-discuss-archive/ > >>>> _______________________________________________ > >>>> SkullSpace Discuss Mailing List > >>>> Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss > >>>> Archive: https://groups.google.com/group/skullspace-discuss-archive/ > >>>> > >>> > >>> > >>> _______________________________________________ > >>> SkullSpace Discuss Mailing List > >>> Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss > >>> Archive: https://groups.google.com/group/skullspace-discuss-archive/ > >>> > >> > >> > >> _______________________________________________ > >> SkullSpace Discuss Mailing List > >> Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss > >> Archive: https://groups.google.com/group/skullspace-discuss-archive/ > >> > > > > > > _______________________________________________ > > SkullSpace Discuss Mailing List > > Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss > > Archive: https://groups.google.com/group/skullspace-discuss-archive/ > > > _______________________________________________ > SkullSpace Discuss Mailing List > Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss > Archive: https://groups.google.com/group/skullspace-discuss-archive/ -----BEGIN PGP SIGNATURE----- Version: GnuPG v2.0.19 (GNU/Linux) iEYEARECAAYFAlCJXqYACgkQ2t2zxlt4g/Tg1QCg2AGo5b7qeX9EpnDrUdrylUlW nEUAn0HyFyokoA8yKM1AKmQSMV8P5KVa =Yyj0 -----END PGP SIGNATURE----- _______________________________________________ SkullSpace Discuss Mailing List Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss Archive: https://groups.google.com/group/skullspace-discuss-archive/
