MASTER ACCESSORY RESOURCE SPACE LICENSE AGREEMENT
This Master Accessory Resource Space License Agreement (the "Agreement") is made and entered into this _____ day of ___________, 20, by and between Evolveoutreach.org (hereinafter referred to as "Host" or "Licensor") and ________________________________ (hereinafter referred to as "Guest Organization" or "Licensee"), an independent 501(c)(3) nonprofit corporation.
RECITALS
WHEREAS, Host / Licensor holds exclusive lawful control of the residential real property located at [Insert Address, Dover, Delaware] (the "Property"); and
WHEREAS, the Property is categorized, utilized, and operated strictly as an Accessory Resource Space, which is an unstaffed facility providing ultra-short-term, non-commercial, temporary overnight lodging for individuals transitioning to permanent housing; and
WHEREAS, pursuant to Article 12 of the Dover Zoning Code, the use of the Property is an Accessory Use customarily incidental and subordinate to the primary charitable and non-profit missions of the organizations involved; and
WHEREAS, Guest Organization / Licensee desires to obtain a revocable, non-exclusive institutional license to permit its vetted program Participants to utilize designated bed spaces within the Property subject to the terms herein;
NOW, THEREFORE, the Parties agree as follows:
1. DEFINITIONS & STRICT LEGAL CLASSIFICATIONS
• Accessory Resource Space: The Property operates strictly as an Accessory Use space under Dover Zoning Code Article 12. It is not a group home, rest home, residential care facility, public drop-in shelter, rooming house, boarding house, or short-term commercial rental.
• Guest Organization / Licensee: Refers explicitly to the independent 501(c)(3) nonprofit corporation obtaining the revocable, non-exclusive institutional license under this Agreement to place its vetted individuals into designated bed blocks.
• Host / Licensor: Refers explicitly to Evolveoutreach.org, the entity holding exclusive lawful control of the Property and granting this revocable, non-exclusive institutional license.
• Licensor-Licensee Framework: This Agreement constitutes a revocable License to Use Real Property, never a leasehold estate. It operates fully outside the Delaware Residential Landlord-Tenant Code (25 Del. C. Chapter 51).
• Participants / Program Participants: Refers explicitly to the temporary, transient social guests/licensees assigned to beds within the Property by the Guest Organization / Licensee. Participants pay no rent or fees, have no rights to property possession, and are not tenants or residents. For this location, all participants MUST BE adult males.
• Parties: Refers collectively to Host / Licensor and Guest Organization / Licensee. A "Party" refers to either entity individually.
• Unstaffed Facility: The Property is completely unstaffed overnight. No property owners, managers, or non-profit staff reside or stay on-site.
2. GRANT OF LICENSE & STRATIFIED BED-BLOCK REVENUE STRUCTURE
• Scope of License: Host grants Guest Organization a revocable, non-exclusive institutional license to reserve and utilize designated bed spaces across three bedrooms at the Property on a pre-paid month-to-month basis.
• Stratified Tiered-Pricing Matrix: Guest Organization shall pay Host a flat, fixed institutional fee based strictly on the volume of bed blocks secured under this agreement. Rates are calculated using a mandatory 30-night operational month baseline:
Reserved Tier Block
Single Bed Allocation (1 Bed): $42.00 /night = $1,260.00 /month
Single Room Allocation (2 Beds): $75.00 /night = $2,250.00 /month
Full House Allocation (6 Beds / 3 Rooms): $190.00 /night = $5,700.00 /month
• No Pro-Rating or Vacancy Deductions: The chosen monthly institutional fee is a fixed corporate block rate. It is due in full regardless of whether the Guest Organization actively sleeps Participant bodies in those beds on any given night. Guest Organization absorbs 100% of vacancy risk within their reserved tier block.
• Zoning Shutdown Carve-Out: If the city of Dover shuts down the operation due to a zoning dispute, the Guest Organization must still pay for the remaining days of that operational month.
• Electronic Payment Mandate & Immediate Failure Penalties: Payments must be executed via electronic fund transfer (ACH or wire) or credit/debit card on the 1st day of each calendar month. If the Guest Organization denies, freezes, withholds, or otherwise restricts the funds, then the agreement is considered breached and the Guest Organization must remove all Participants within two hours of notice.
• Third-Party Exclusion: Host explicitly rejects any financial relationship with third parties, individual occupants, or government vouchers. Guest Organization is the sole financial buffer.
• Late Fee & Revocation: Payments missed by the 5th incur a 10% penalty. Accounts unpaid by the 10th result in immediate revocation of this license and immediate removal of all corresponding Participants.
3. INFRASTRUCTURE AMENITIES & DIVISION OF RESPONSIBILITIES
The Parties explicitly agree to the following division of property amenities, operational overhead, and material provisions:
• Host / Licensor Obligations (Provided Amenities):
o Premises & Utilities: Host provides a fully functioning 3-bedroom, 1-bathroom residential building structure, including standard electricity, water, sewer, heat, and central cooling.
o Digital Infrastructure: Host provides high-speed Wi-Fi network infrastructure equipped with automated content filters (blocking adult, violent, and high-risk web traffic) and a shared smart television located in the common living area.
o Major Appliances & Countertop Prep: Host provides standard residential kitchen infrastructure, including one functional refrigerator, one freezer, one stove/oven, one microwave oven, and a shared laundry suite comprising one washing machine and one clothes dryer.
o Living & Dining Furnishings: Host provides standard communal furniture assets, including couches and seating layouts for the living space, along with a full dining table and dining chairs.
o Furnishings & Sanitary Bedding: Host provides six (6) standard bed structures, six (6) commercial-grade protective mattress covers, and baseline sanitary bedding assets (pillows, pillowcases, sheets, and blankets). Outside bedding is strictly prohibited.
o Grounds Maintenance: Host handles baseline structural property maintenance, seasonal yard care, and structural pest control management.
o Daily Consumables: Host shall supply all daily personal consumables for the Property, including toilet paper, paper towels, hand soap, and non-toxic laundry detergent.
o Chore & Cleaning Implements: Host shall supply approved, consumer-grade, non-toxic household cleaning liquids (e.g., pre-diluted plant-based sprays, dish soap) to enable Participants to execute their mandatory daily cleaning schedules.
• Guest Organization / Licensee Obligations (Exclusions & Material Costs):
o Food Provisions (Strictly Excluded): No food or nutritional sustenance is provided by the Host. Guest Organization bears 100% contractual responsibility for coordinating, procuring, or dropping off all groceries, pantry items, and baseline food provisions required by their Participants.
o Emergency Toiletries: Guest Organization is contractually required to provide replacement baseline head-grooming gear, personal toiletries, and fresh combs/brushes to support Participants during their mandatory 96-hour decontamination/quarantine window.
4. TERM & ABSOLUTE LENGTH OF STAY RESTRICTIONS
• Ultra-Short-Term Restriction: To maintain its legal status as a transient Accessory Resource Space, no individual Participant may sleep at the Property for more than thirty (30) consecutive days.
• Forfeiture and Reassignment: If a Participant fails to access their assigned bed for two (2) consecutive nights without prior written authorization from the Guest Organization, the bed is legally deemed abandoned. Guest Organization must clear personal items and reassign the space.
5. PASS-THROUGH LIABILITY & OPERATIONAL GOVERNANCE
• Pass-Through Model: Host provides structural premises maintenance only. Guest Organization assumes 100% contractual responsibility for vetting, intake, behavior tracking, and programmatic supervision of the individuals they send.
• Mandatory Addendum A Execution: Guest Organization shall ensure every Participant signs, dates, and fully understands Addendum A (Participant Code of Conduct) prior to crossing the physical threshold of the Property. No Participant may enter without a signed Addendum A countersigned by an authorized agent of the Guest Organization. The Guest Organization is contractually bound to the terms, operational mandates, and enforcement standards set forth in Addendum A.
• Specify "Addendum A" Authority: Host has the final, unappealable authority to determine what constitutes a violation of Addendum A.
• On-Site Supervision & Wrap-Around Services: The unstaffed Property is an authorized space for professional services. Guest Organization's social workers and case managers must perform on-site check-ins at least two (2) times per week to monitor facility compliance.
6. INSTANT LICENSE REVOCATION & EMERGENCY DISCHARGE OBLIGATION
• Absolute Right to Revoke: Host retains an absolute, unconditional right to instantly revoke the occupancy license of any individual Participant for behavioral, safety, sanitization, or rules violations under Addendum A.
• Two-Hour Removal Mandate: Upon receiving electronic or verbal notice of revocation from Host, Guest Organization is contractually obligated to execute its internal emergency housing discharge protocol. Guest Organization must physically remove the individual and their belongings from the Property within two (2) hours of notice.
• Failure to Remove Liquidation Penalty: If Guest Organization fails to clear a revoked Participant within the 2-hour window, a liquidated damages penalty of $250.00 per day will be billed to the Guest Organization's account. Guest Organization will also bear all legal, security, and transport costs required to secure the space.
7. INDEMNIFICATION, INSURANCE & PREMISES LIABILITY
• Commercial Insurance Mandate: Guest Organization must maintain a Commercial General Liability insurance policy with limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. Evolveoutreach.org must be explicitly named as an Additionally Insured Party. A Certificate of Insurance (COI) must be delivered to Host prior to facility access.
• Mandate Active COI Tracking: Require the Guest Organization to provide a new Certificate of Insurance (COI) every 6 months or upon policy renewal, with a clause stating that a lapse in insurance automatically terminates the license.
• Hold Harmless & Indemnity: Guest Organization agrees to indemnify, defend, and hold harmless Host against any and all claims, damages, liabilities, injuries, legal filings, or neighborhood disputes arising from the actions, omissions, or conduct of the Participants or Guest Organization's staff.
• Host Structural Liability: Host is responsible solely for the structural integrity of the real property, major plumbing, exterior walls, and roof maintenance.
8. PROPERTY DAMAGE, REMEDIATION & WORST-CASE SCENARIOS
• Standard Damage: Guest Organization is financially liable for any damage beyond normal wear and tear caused to walls, fixtures, appliances, or utilities by their Participants. Damages will be invoiced to the Guest Organization.
• Worst-Case Scenario (Biohazard & Trash-Out Clause): If a Participant deliberately vandalizes the property, hoards trash, or creates severe unsanitary conditions (including human bodily fluids or severe neglect), standard cleaning exemptions apply. Host will deploy a professional biohazard/junk extraction service, and Guest Organization will be billed a flat $500.00 to $1,500.00+ remediation fee depending on localized vendor billing.
• Excessive Utility Usage Cap: Host covers baseline Wi-Fi, water, sewer, electric, and trash services. If a utility bill spikes 30% or more above historical operational baselines due to negligence (e.g., leaving windows open with HVAC running), the financial surplus will be invoiced back to the Guest Organization.
9. ACCESS RIGHTS & MANDATORY MAINTENANCE LOCKOUTS
• Common Area Access: Host and Guest Organization staff maintain an unrestricted right to enter all common areas (kitchen, living space, hallways, yard) at any time without notice.
• Bedroom Access Inspections: Routine bedroom entries for safety inspections, property preservation, or canine drug sniffs require a 48-hour advance notice to the Guest Organization. Immediate, unannounced bedroom access is reserved exclusively for emergency threats to life, property fire/flooding, or suspected criminal activity.
• Mandatory Structural Maintenance / Pest Controls: Host will schedule routine professional pest control and structural treatments. Upon receiving 48 hours notice from Host, Guest Organization must coordinate their Participants to completely vacate part or all of the residence for the duration of the service.
10. GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION
• Governing Law: This Agreement shall be governed by, interpreted, and enforced in accordance with the laws of the State of Delaware.
• Jurisdiction & Venue: The Parties agree that any legal dispute, action, or proceeding arising under this Agreement shall be brought exclusively in a court of competent jurisdiction located in the City of Dover, Kent County, Delaware.
• Mandatory Mediation Mandate: The Parties explicitly agree that any and all disputes, controversies, or claims arising out of or relating to this agreement shall be submitted to mediation ONLY. Both Parties waive any right to pursue alternative legal remedies, lawsuits, or trial options, binding themselves strictly to mediation formats within Kent County, Delaware to resolve conflicts.
11. ENTIRE AGREEMENT & INCORPORATION
This Document constitutes the entire agreement between the Parties regarding the Accessory Resource Space operation. No verbal amendments shall hold legal weight.
IN WITNESS WHEREOF, the Parties execute this commercial license agreement:
For Host / Licensor (Evolveoutreach.org): Signature: ___________________________ Date: _______________ Printed Name: _______________________ Title: ________________
For Guest Organization / Licensee: Signature: ___________________________ Date: _______________ Printed Name: _______________________ Title: ________________