I can't stop you form doing what you wish. But in the absolute best case
scenario you are out the legal fees.

G Mike


On Thu, Oct 25, 2012 at 1:20 PM, Roswyne <[email protected]> wrote:

> Then will you let me take copies of our leases to a lawyer, to see where
> we legally stand?
>
> If you confirm today, I can do this before our Tuesday meeting and
> vote.  I will, of course, pay all costs.
>
> I'm getting all sorts of mixed messages here, including from multiple
> board members.  I don't know where we currently stand, so I'm guessing no
> one else does either.  :(
>
>
>
>
>
> On Thu, Oct 25, 2012 at 10:42 AM, Jay Smith <[email protected]> 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.
>>>>>> >>> > >
>>>>>> >>> > >
>>>>>> >>>
>>>>>> >>> > _______________________________________________
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>>>>>> >>> -----BEGIN PGP SIGNATURE-----
>>>>>> >>> Version: GnuPG v2.0.19 (GNU/Linux)
>>>>>> >>>
>>>>>> >>> iEYEARECAAYFAlCJSWwACgkQ2t2zxlt4g/QnHQCfa1Wt0Q/u8EY8Iv0ea2AhlF+s
>>>>>> >>> EssAnA3pOsfSM2dxn3cSbjKY6M00aVIk
>>>>>> >>> =/z5o
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>>>>>> >>
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