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Friday, May 29, 2009

CubeSpace in Court

Posted by Rachael the Unpaid News Intern on Fri, May 29, 2009 at 2:44 PM

By Rachael Marcus, the new news intern

For three years, CubeSpace has been Portland’s reaction to the sterile environment of most offices — the “co-working” building rents shared office space to small businesses and nonprofits, selling the idea of a working within a supportive business community that helps cubicle-dwellers get through the day without wanting to gouge their eyes out with a number two pencil. But this week CubeSpace is wading through less friendly business negotiations: last week their landlord US Bank issued the group an eviction notice and court subpoena. CubeSpace had not paid rent since March.

Today US Bank and CubeSpace’s owners, Eva Schweber and David Kominski, are debating in court whether they can negotiate rent or whether US Bank has the right to lock their doors.

Schweber and Kominski are wary of talking to the press lest they further infuriate US Bank. But a letter they posted on their website spells out their side of the story:

We sent a letter to our landlord, US Bank in August 2008 asking for a rent abatement so that we could get on top on our bills….We were under the mistaken impression that they had a stake in us remaining in the space. They responded in October 2008 with a "no."

We continued struggling along, until February when we had a truly awful month. We have prioritized paying our employees, taxes and health insurance over everything else. We paid February's rent on the last of our credit cards. We sent an email to US Bank explaining that we were really out of cash and needed to renegotiate our rent payments. US Bank responded with a letter threatening to come after all of our assets (you know, all of those assets that we sunk into CubeSpace).

In March…David called US Bank's lawyer and proposed a payment plan in which we paid partial rent now, and slowly paid the back rent over the course of our remaining lease….The lawyer said he would speak with the local property manager and get back to us.
We didn't hear back from the bank, but our business continued to grow….Tuesday, May 20, we were served with an FED (Forcible Entry and Detainer), a court action by a landlord to remove a tenant. This was the first response we had received from the Bank since their October 2008 letter.

[Photo removed by request of photographer.—eds.]

Within hours of the posting of this letter, supporters set up another website, SaveCubeSpacepdx.com and raised $5,130 in a few days. That’s a good chunk of change, but far short of the $45,000 Cubspace needs to make it into the clear, according to numbers printed in the Oregonian.

The story continues below.

After seeing supporters raise several thousand dollars in less than two hours, Schweber gushed on her Twitter, “Alternating between crying and speechless by the amazing community response. So many people want to help. What an amazing community.”

US Bank, on the other hand, was not so thrilled. They responded to Schweber, saying, “US Bank does not view your comments regarding issues of public opinion and the Portland business community as productive. Please focus any future correspondence and negotiations on items that will bring the parties to an agreeable resolution.”

Now seems like the time for businesses to be downsizing, to be taking advantage of communal workspace and shared resources. As such, the economic turndown did not pose too great a risk for Mark Grimes and Josh Friedman, founders of downtown’s NedSpace, which opened in February. “We’re attracting people coming out of offices, out of home offices, [and] out of coffee shops,” Grimes said.

As proof, he reported that in 60 days, five of the 25 businesses at NedSpace have earned over a total combined profit of $600,000.

 

Comments (15) RSS

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1
The place in that photo is "Portland’s reaction to the sterile environment of most offices"?

Not a very strong reaction.
Posted by Blabby on May 29, 2009 at 2:46 PM · Report
2
I fail to understand why things like this become community drama.
You fail to turn a profit and follow the rules set by those who lend things to you=or they take them away.
I guess 'actions have consequences' is news in Portland.
Posted by D on May 29, 2009 at 2:59 PM · Report
3
Cubespace is the place to schedule a meeting for the web tech creative community. They have hosted bar camps - mini DIY technical conferences with beer where people hatch startup ideas or just exchange very cool ideas and training for free. These have included ideas about geolocation, maps, social networking, open source elections. So if you need to rent space for an event, do it there - you will have instant access to a really amazing community. Easily the catalyst for the next aboutus or platial (.com).
Posted by R on May 29, 2009 at 3:16 PM · Report
4
That's a little harsh, D. Just because a party is legally entitled to take an extreme action doesn't always mean that action is the correct action to take.

I don't see any reason why "Big Bank With No Obvious Future Tenants In A Horrible Commercial Real Estate Market Kicks Out Innovative Small Business Incubator" can't be a "community drama" worthy of an local market alternative weekly.

I'm not saying anyone is necessarily in the wrong here; we'd need more facts to be able to make a judgment. I just dislike blithe "boo-fucking-hoo, it's capitalism" comments.
Posted by Commenty Colin on May 29, 2009 at 3:21 PM · Report
5
#furbleweeds
Posted by kiala on May 29, 2009 at 3:21 PM · Report
6
"You fail to turn a profit and follow the rules set by those who lend things to you=or they take them away."

Fuck that. This whole economic mess is because entities like US Bank have run amok with our financial system. It is perfectly legitimate for the community to step in on these matters. I hope we see more of it. It makes sense in a time of broad economic distress to require creditors to cut us all some slack. If they won't do it voluntarily, we can do it forcibly by changing the laws. It's all part of the social contract.
Posted by Demondog on May 29, 2009 at 3:25 PM · Report
7
Well I hate to be the one to bring it up (well, not really) but US Bancorp (the owner of U.S. Bank) made a shit pie of its business and got 6.6 billion dollars in bailout stock buyout. So maybe actions do have consequences in the business world, but they aren't really the right party to be making that argument.
Posted by atomic on May 29, 2009 at 3:38 PM · Report
8
No, I totally agree they were harsh, if not total a$$hats.
And secondly - gov't forcing banks to give people (who couldnt pay them back) bad loans started the snowball created the mess.
Third, if you are a business you don't want bailout $. It makes you beholden to the govt a lot harsher than if you got it from a private entity. They literally own you.
Posted by D on May 29, 2009 at 3:57 PM · Report
9
@Blabby You wanna see a strong reaction? Pour some drano into a 2-liter bottle with aluminum foil. #lamejokes
Posted by Will Radik on May 29, 2009 at 4:25 PM · Report
10
So what I take away from what your saying D is that

1) In taking bailout money, US Bancorp became obligated to extend credit to businesses which might not ordinarily merit credit, presumably to reduce the number of layoffs and evictions.
2) Cubespace might not merit an extension of credit.

Conclusion: US Bank should not extend Cubespace a relatively small extension, and instead evict the whole lousy bunch of them (because actions have consequences, after all)
Posted by atomic on May 29, 2009 at 4:57 PM · Report
11
yay, new intern! do good work!
Posted by A CAT, probably on May 29, 2009 at 6:25 PM · Report
12
Hi A cat! #furbleweeds
Posted by kiala on May 29, 2009 at 7:41 PM · Report
13
right back atcha!
Posted by A CAT, probably on May 29, 2009 at 7:59 PM · Report
14
SAMADAMS HAS GOTS TO SAVE CUKESPACE! OR OBAMBAM, JUST SOMEBODY SAVES CUKESPACE!
Posted by fraudulently sincere Citizen on May 31, 2009 at 12:12 AM · Report
15
A Cat, intern do bad work actually.

http://ourpdx.com/2009/05/portland-mercury…

Used a copyrighted commercial photo without attribution.
Posted by Graham on May 31, 2009 at 11:10 AM · Report

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