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‘
IN THE COURT OF COMMON PLEAS
HAMILTON COUNTY, OHIO A 2 3 05 2 7
om
TRIANGLE PARK, LLC ) Case No.
33 N. THIRD STREET, SUITE 500 )
COLUMBUS, OHIO 43215, )
PLAINTIFF, ) COMPLAINT INCLUDING
VS. ) COGNOVIT PROVISION
)f
EBONI D. JACKSON
il | | ll
4508 WILLIAMSBURG RD N.
CINCINNATI, OH 45215, >
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DEFENDANT. 40113522 IN OS
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1. The following cause of action arose in Hamilton County, Ohio. oo 32156
oo
2. The Defendants entered into a Lease Agreement with the Plaintiff on or about June), 208
for the premises located in the Georgetown Village at Triangle Park being Building no. 19,
Suite 1900 Cincinnati, Ohio. A copy of said Agreement is attached hereto as Exhibit “1, and
in accordance with R.C. 1306.06 (B), a copy of the document with electronic signatures, are
being submitted for review by the court with the Complaint.
Plaintiff further states that the Defendant is in default under the terms of the Agreement
described above for failing to pay when due, and is obligated to the Plaintiff in accordance
with the terms of the Agreement for rent and other charges due in the sum of $107,408.62. A
copy of Plaintiff’s accounting is attached as Exhibit “2”.
Plaintiff further states that the Agreement executed by the Defendant contain a Warrant of
Attorney confessing judgment in favor of Plaintiff. Pursuant to 2323.13(A), a copy of the
Warrant is included in Exhibit “1”. This action is permitted under ORC 2323.13 since the
Agreement is defined by its terms for ‘business operations’.
5. The last known address of the Defendant is set forth in the caption of this Complaint.
WHEREFORE, Plaintiff prays for judgment against the Defendant Eboni D Jackson for rent
and other charges due in accordance with the terms of the agreement in the sum of $107,408.62
plus interest at the statutory rate per annum from date of judgment, plus costs.
UMn
Allen J. Rejg, 0015125
Attorney for Plaintiff
WELTMAN, WEINBERG & REIS CO., L.P.A.
5000 Bradenton Ave., Suite 100
Dublin, OH 43017
(P) 614.801.2771
(F) 614.801.2603
Email: areis@weltman.com
WWR#41298813
72
AFFIDAVIT
STATE OF OHIO 3
COUNTY OF FRANKLIN ss
he is a
Now comes David W. Bishoff, who first being duly sworn, deposes and states that
ff”); that the Plaintiff
duly authorized representative of Triangle Park LLC (hereinafter Plainti
that the
maintains records pertaining to its business; that the Affiant has personal knowledge
transaction or
records were prepared in the ordinary course of business, at or near the time of the
are kept in the
event, by a person with knowledge of the event or transaction, that such records
to testify about these
ordinary course of Plaintiff's business; and that the Affiant is competent
records and is duly authorized to do so.
further states that Defendant Eboni D. Jackson entered into a Lease
AFFIANT
with the Plaintiff on or about June 10, 2021, for the premises located in the
Agreement
ti, Ohio. Said
Georgetown Village at Triangle Park being Building no. 19, Suite 1900 Cincinna
Agreements include a confession of judgment pursuant to Ohio Revised Code §2323.
AFFIANT further states that the copy of said Agreement described above is a true copy
as Exhibit “1” of
of the Agreement executed electronically by the Defendant and is attached
Plaintiff's Complaint.
AFFIANT further states that Defendant has failed to pay as agreed, according to the
from the Defendant for
terms of the Agreement described above, and there is due the Plaintiff,
in the sum of
rent and other charges due in accordance with the terms of the agreement
$107,408.62 plus costs of $355.00.
7 »
the original
AFFIANT further states that the documents attached are the true copies of
of the
documents, are business records of the Plaintiff, are within the personal knowledge
Affiant, and accurately reflect the transactions contained therein. . \
AFFIANT FURTHER SAYETH (AUG Hy \
A
DAVID ISHOFF
Title PALA fee
Ss worn to and subscribed before me in my presenge this of
Nesiwnbev.V_, 2023
¥ PUBLIE™
SEAL: 64. -Qu- Doa8
WAL
VELMAJ. TRUESDALE
+f Notary Public, State of Ohio
My Commission
04-24-2025
WWR# 41298813 a
AFFIDAVIT
State of Ohio
County of Franklin §
Now comes Allen J. Reis who first being duly sworn deposes and states that the attorney for
Triangle Park, LLC in the within matter.
Affiant further states that the within Affidavit is made pursuant to and in accordance with the
Servicemembers’ Civil Relief Act (SCRA), 50 U.S.C. App. § 521
Affiant further states that based upon investigation it is the Affiant’s belief that the Defendant
Eboni D Jackson is not in the military service
Affiant further states that this belief is supported by the attached certificates from the Defense
Manpower Data Center (DMDC), which state that the Defendant is not in the military service
Affiant further states that to the best of his knowledge the last known address for the Defendant is
4508 Williamsburg Rd N Cincinnati, OH 45215.
AFFIANT FURTHER SAYETH NAUGHT.
OKA
Kpeivhe
AllenJ. R istSup. Court cd
No. 001 093
Sworn to before me and subscribed in my presence on
rvs Mover
Notary Public V
SEAL: ALAR,
Lori
J. Ritter
Notary Public, State
of Ohio
'= Commission Number 2016-RE-621563
My Commission Expines 12-06-2026
Rosuita 2s of ; Nov-20-2023 12:06:32 PM
‘ Department of Defense Manpower Data Center
SCRA 5.18
os
ey
a
om Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XK-7095
Birth Date:
Last Name: JACKSON
First Name: EBONI
Middle Name .S D
Status As Of: Nov-28-2023
Certificate ID: C5Y3MYFSD92CTYO
tee take Ps
‘On Active Duty’ ‘State Date Te
— ‘Service Component.
Active Duty. Dale ‘Active Duty End Dats» ae Status
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‘Active Duty ia ~Actlve
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‘This rasponse refit vidual
left active dit. 1267 days preceditg
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‘This response reflects whothar ite’) dh to reportfor active duty
ay Ti
ae soe
Upon searching the data banks of tha Department of Defense Manpower Data Cel oF ‘based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Fores, NOAA, Public
Sam fouatfgeet
Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Sam Yousefzadsh, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04625
Alexandria, VA 22350
Enrollment and Eligibility
‘The Defense Manpower Data Canter (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense
+ Reporting System (DEERS) database which is the official source of data on eligibilty for military medical care and other ellglbilty systems.
The DoD strongly supports tha enforcamant of the Servicemembers Civil Rellef Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as
the Soldiers’ and Sailors’ Clvil Relief Act of 1940). DMDC has Issued hundreds of thousands of "does not possass any Information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
entitled to the
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty Status date, or Is otherwise
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that persan's Service. Service contact
the person
Information can be found on the SCRA website's FAQ page (Q38) via this URL: https://scra,dmdc.osd.mil/scra/#/faqs. If you have evidence
was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be Invoked
against you. See 50 USC App. § 3921(6).
‘This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the Individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More Information on "Active Duty Status”
‘Active duty status as reported in this cestificate Is defined in accordance with 10 USC § 101(d) (1). Prior ta 2010 only some of the active duty perlods less
than 30 consecutive days in length were available, In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
rasident and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned offieer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of tha SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined In accardance with 10 USC § 101(d)(1).
Many times orders ara amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should chack to make sure the orders on which SCRA protections are based have nat been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
of protections of the SCRA
actually bagun active duty or actually reported for induction. The Last Dato on Active Duty entry is important because a number
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING; This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
|
=
rianet
ely a
Office Leasin
MADE SIMPI
LEASE AGREEMENT
Between
TRIANGLE PARK, LLC
As Lessor, and
EBONI D. JACKSON
As Lessee
ePLAL
Al bee
SR
299K)
Doc ID: 8129b69ca1 1d36108387cc42d5/0bbb819cd36d9
LEASE AGREEMENT
06 / 10/2021
1. PARTIES. This Lease dated is made by and between TRIANGLE
PARK, LLC (herein called "Lessor") with offices at 33 North Third Street, Columbus, Ohio 43215, and
EBONI D. JACKSON (herein called "Lessee").
2. PREMISES. Lessor does hereby lease to Lessee certain space (Premises), known as Suite 1800
(as shown on attached Exhibit A), in Triangle Office Park, Cincinnati, Ohio.
Said Lease is subject to the terms, covenants and conditions herein set forth and the Lessee
covenants as a material part of the consideration for this Lease to keep and perform each and all of the
said terms, covenants and conditions by it to be kept and performed.
3. TERM. The Term of this Lease shall be for five (5) years commencing September 1, 2021 and
ending August 31, 2026. It is agreed that this Lease shall continue thereafter for an additional term of
the same length as the preceding term on the same terms and conditions, except that the monthly rent
shall be either increased by three (3) percent over that amount to be paid during the last calendar
month of the preceding term or to the current zone rate as determined by Lessor, effective on the
anniversary date of this agreement, unless either Lessor or Lessee elects to terminate this Lease by
delivering written notice to the other not less than sixty (60) days before the end of any term.
4. RENT. During the term of this Lease Lessee agrees to pay, in lawful money of the United States,
the following rent:
From September 1, 2021 to and including August 31, 2022, $1,491.67 per month
From September 1, 2022 to and including August 31, 2026, $1,866.67 per month
if
Payment method:
AppFollo Registration
Upon processing of your lease an activation email will be generated inviting you to sign up into
our Tenant Portal through AppFolio. Once signed in you'll be able to set up your recurring monthly rent
payment, change bank accounts, view your charges and payments, and submit maintenance requests.
The link could get caught in your spam foider so please check it before you contact our office. If you
lose your link after you've signed up simply visit our website at www.evbco.com and click on the “pay
your rent" icon.
Lessor reserves the right to change payment processing methods and applications.
lf Lessee elects to pay their rent and other charges by check, the monthly rent shall be
Increased to Include a Ten Dollar ($10.00) per month handling fee and all payments shall be made
payable to and sent to:
TRIANGLE PARK, LLC
33 N. Third Street, Suite 500
Columbus, OH 43215
Credit Score Premium -
In the event that Lessee and/or its Guarantor(s) have a credit score that falls below 600, a
Credit Score Premium shall be charged in the amount of 10% of the above stated monthly rent and
shall be considered additional rent hereunder. The Credit Score Premium hereunderIs currently $0.00.
Lessee and/or its Guarantor(s) shall have the right to make application once per calendar year
to have Lessor review the current credit score of Lessee and/or its Guarantor(s). In the event the credit
score is above 600 at the time of application, this premium shall no longer be required. In the event
that Lessor finds that Lessee and /or Its Guarantor(s) credit score drops below 600, this premium shall
be applied and/or reinstated. All applications shall be made in writing to Lessor in accord with the
Notice provision hereunder and all approvals from Lessor shall be made in writing to Lessee.
5, FINANCE CHARGE. All unpaid rent and non-rent invoices shall accrue a finance charge per month.
6, SECURITY DEPOSIT. Upon execution of this Lease, Lessee shall immediately deposit with Lessor
the sum of Two Thousand Four Hundred Sixty-Two and 67/100 Dollars ($2,462.67). Said sum shall be
held by Lessor as security for the faithful performance by Lessee of all the terms, covenants, and
conditions of this Lease to be kept and performed by Lessee during the term hereof, and may be
applied by Lessor, in the event of Lessee’s default, to any damage suffered by Lessor as the result of
Lessee's default. if Lessor uses, applies or retains all or any part of the security deposit due to a
default by Lessee, Lessee will within five (5) days after written demand therefore, deposit sufficient
funds with Lessor to restore the security deposit to its original amount. Lessee authorized Lessor
2
OFFICE LEASING MADE SIMPLER
Doo ID: 8129b69ca 1 1d361cB387cc42d5f0obo819cd36d9
and/or its representative to obtain and verify any report(s) and information concerning Lessee and any
guarantors of this lease. Upon tease termination, Lessor shall retain one-half of security deposit as a
contribution towards cleaning and normal wear and tear.
7. TAXES, INSURANCE AND OPERATING EXPENSES. During the term of this lease and any
renewal term, Lessee shall pay the following monthly estimates as additional rent:
Real Estate Taxes: $160.00
Insurance: 64.00
Operating Expense: $ 96.00
The monthly estimates shall increase by three (3) percent on January 1 of each calendar year.
8. USE. Lessee shall usé the Premises for salon purposes and shall not use or permit the Premises to
be used for any other purpose without the prior written consent of Lessor.
9. COMPLIANCE WITH LAW. Lessee shall‘not use or permit the Premises to be used, for any
purpose which will in any way conflict with any law, statute, ordinance, rule or regulation of any duly
constituted authority, or which will, in Lessor’s opinion, adversely affect the rentability or reputation of
the Building.
10. ALTERATIONS AND ADDITIONS. Lessee shall not make any alterations, additions or
improvements to the Premises or any part thereof without the written consent of Lessor.
11. REPAIRS
14a. By taking possession of the Premises, Lessee accepts the Premises as being in good
condition and repair. Lessee shall, at Lessee’s sole cost and expense, keep the Premises in good
condition and repair, damage from causes beyond the reasonable control of Lessee and ordinary wear
and tear excepted. All expenses of maintaining lighting fixtures, Including tubes and bulbs, shall be
paid for by Lessee.
414b. Lessor shall maintain and repair the structural portions of the Building, all common areas of
the Building, and the air conditioning, heating and electrical systems Installed or furnished by Lessor,
unless such maintenance and repairs are caused in part or in whole by the use, act, neglect, fault or
omission of any duty by the Lessee, its agents, employees or invitees.
12. LIENS. Lessee shall keep the Premises and the property in which the Premises are located free
from any liens arising out of any work performed, materials fumished, or obligations incurred by
Lesses.
13. ASSIGNMENT AND SUBLETTING, Lessee shall not assign this Lease and shall not sublet the
Premises or any part thereof without the written consent of Lessor. It shall be a condition to any
consent by Lessor to an assignment or subletting that Lessee shall accompany such request with a
certified check in the amount of Two Hundred Dollars ($200.00) to reimburse Lessor for administrative
and legal expense for the review and preparation of necessary documents.
14. TRANSFER OF LESSEES. In the event the Premises leased to Lessee are less than 1,000
square feet in area, Lessor reserves the right, at its option and upon giving not less than thirty (30) days
written notice to Lessee, to transfer and remove Lessee from Premises to other space of substantially
the same size and rent in the Building. Lessor shall bear all reasonable costs of said removal and
transfer.
415, HOLD HARMLESS, Lessee shall indemnify and hold Lessor harmless against and from any and
all costs and/or claims, including attorney fees arising from the enforcement of this Lease, Lessee's or
Lessee's invitees and employees, use or occupancy of the Premises and/or any facilities or asset of
Lessor.
16. SUBROGATION. Lessor and Lessee each waive all causes of action and rights of recovery
against the other party, Its agents, officers, and employees, for any loss or damage occurring to the
Demised Premises or the improvements, fixtures, merchandise and personal property of every kind
located in or about the Demised premises resulting from any perils covered by insurance, regardless of
the cause or origin, including negligence of either party, their agents, officers, and employees to the
extent of any recovery of any policy or policies of insurance, provided that the same will not be
invalidated in whole or in party by reason hereof. If at any time their respective insurers shall refuse to
permit waivers of subrogation, Lessor or Lessee may in each instance revoke said waiver of
subrogation effective thirty (30) days from the date of notice, untess within such thirty day period, the
other is able to secure and furnish (without additional expenses) insurance in other companies with
such waiver of subrogation.
47. LIABILITY INSURANCE. Lessee is required to carry its own Commercial General Liability
Insurance which will be considered the primary policy in order to protect the Landlord against all
liabilities, judgments, costs, damages, and expenses by reason of property damage or personal injury
3
OFFICE LEASING MADE SIMPLED
Doc ID: 8129b69ca1 1d361c8387cc42d5fObbb819cd36d9
resulting from any matter or thing which might occur on the demised premises. Lessee shall maintain
during the term of this Lease or any extension thereof, in full force and effect, Public Liability Insurance
for its own protection and for the protection of Lessor against injuries, accidents or causes of action of
every nature and kind whatsoever which are normally covered by “owner-tenanf" liability insurance that
may arise from the use and occupation of, in and about the Premises, by Lessee. Lessee shall also
maintain in full force and effect during the term of this Lease or any extension thereof, Personal Liability
Insurance arising from property damage on the Lessee'’s contents resulting from fire, water or other
damage to the contents and personal property stored or contained on the leased premises, Lessee
shall maintain tn full force and effect during the term of this Lease or any extension thereof, Business
Interruption Insurance covering against loss of earnings and necessary extra expense resulting from
interruption of business of the insured caused by damage to or destruction of real or personal property
by the perils insured against under this policy. Insurance shall be with limits of not less than one million
dollars ($1,000,000.00) inclusive of all injuries or death to persons and damage to property of others
arising from any one occurrence and not less than two million dollars ($2,000,000) aggregate. Lessee
shall name Lessor as an Additional Insured on its Commercial General Liability Insurance and Property
Insurance policies and certificates of such coverages. Such policy or policies shall bear an
endorsement to the effect that the insurer shall not cancel or modify the same without at least fifteen
(15) days prior written notice to the Lessor. If Lessee shall fail to procure and maintain said Insurance,
Lessor may, but shall not be required to, procure and maintain same, but at the éxpense of Lessee.
Insurance required hereunder shall be in companies as rated A+, AAA or better in “Best's Insurance
Guide". Lessee shall deliver to Lessor prior to occupancy of the Premises copies of policies of jiability
insurance required herein and certificates evidencing the existence and amounts of such insurance with
loss payable clauses satisfactory to Lessor.
18. SERVICES AND UTILITIES. Provided that Lessee is not in default hereunder, Lessor agrees to
mish to the Premises during normal business hours on generally recognized business days, as
determined by Lessor at his sole discretion, heat and air conditioning as required in Lessor's
judgement, and janitorial service. Lessor shall also maintain the common areas in the Building of which
the Premises are a part. Lessee shall not be entitled to any reduction of rent or to damages by reason
of Lessor’s failure to furnish any of the foregoing when such failure is caused by accident, breakage,
repairs, or labor disputes of any character, or by any other cause beyond the reasonable control of
Lessor. Lessee shall pay for all electricity consumed or wasted in the Premises. In the event that a
meter does not exist or is not installed, then Lessor shall estimate Lessee's consumption and Lessee
shall promptly pay to Lessor sald estimated amount. In the event that Lessor finds that Lessee is using
more electricity than that outlined below, Lessor shall have the right to sub-meter said electric and
invoice Lessee for the actual metered electric used. Lessor may increase the monthly estimate upon
written nolice to Lessee, Wherever Lessor has utilized an estimate in this Lease, said estimate may be
adjusted by Lessor anytime after the first twelve (12) months of this lease upon thirty (30) days written
notice to Lessee.
During the term of this lease and any renewal term, Lessee shall pay the following monthly
estimates as additional rent:
Electricity: $176.00
Heat: $ 80.00
Water: $§ 20.00
The monthly estimates shall increase by three (3) percent on January 1 of each calendar year.
19. RULES AND REGULATIONS. Lessee shall faithfully observe and comply with all rules and
regulations that Lessor shall from time to time promulgate and are currently as follows:
A. Lessee agrees that it, its employees, agents, patrons and invitees, will not:
4. Obstruct sidewalks, entrances, passages, elevators, vestibules, stairways, corridors or halls.
2. Cover or obstruct windows or doors or place any item or article on windowsills or convectors.
3. Attach or install any sign, notice, or lettering on any part of the Premises or Building, without
Lessor's approval.
4, Bring into or keep in the Building, bicycles or other vehicles, animals or birds of any kind, or
permit the use of any part of Premises for cooking or sleeping.
5. Bring into or keep in the Building any inflammable, combustible or explosive material or do
anything which will increase the danger of fire, make void or voidable any insurance on Building, or
result in any incfeased premium for such insurance; or permit any objectionable odors to emanate from
Premises.
6. Disturb or interfere with the other occupants of Building by any means or in any way.
7. Place additional locks or bolts on doors or windows or change existing locks or bolts or the
mechanism thereof.
8. Move furniture, equipment, or supplies into or out of Premises, without the prior written
consent of Lessor.
9. Advertise in any way which, in Lessor’s opinion, tends to impair the reputation of Building or
its desirability as an office building.
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OFFICE LEASING MADE SIKPLE®
Doc ID: 8129569ca1 1d36168387cc42d510bbb819¢ed36d9
Lessee shall limit any claim resulting from or in any way attributable to this lease, or other acts of
Lessor, to an amount not to exceed ten percent (10%) of the rent recelved by Lessor from Lessee.
Lessor may at any time, place on or about the Premises any ordinary “For Lease” signs; and within
six (6) months prior to the date of the expiration of this Lease, Lessor or its agents shall have the
right to enter the Premises at all reasonable times for the purpose of exhibiting the Premises to
prospective Lessees.
The Building is a smoke-free Building. Smoking is strictly prohibited within the Building. Smoking
shall only be allowed in areas designated as a smoking area by Lessor. Lessee and its employees,
representatives, contractors or invitees shall not smoke within the Building or throw cigar or
cigarette butts or other substances or litter of any kind in or about the Bullding, except in
receptacles placed in it for that purpose. Lessor may, at its sole discretion, impose a charge
against monthly rent of $50.00 per violation by Lessee or any of its employees, representatives,
contractors or invitees, of this smoking policy.
Lessee will see that all doors are securely locked, water faucets, electric lights and electric
machinery are turned off before leaving the Building.
20, HOLDING OVER. Any holding over after the expiration of the term hereof shall be construed as
a tenancy from month to month at a minimum rental of one and one-half (1-1/2) times the monthly
minimum rent for the month immediately preceding such holdover, and shall otherwise be on the terms
and conditions herein before specified.
21. ENTRY BY LESSOR. Lessor shall at any and all times have the right to enter the Premises to
Inspect the same, perform or supply any services to be provided by Lessor, and to submit said
Premises to prospective purchasers or tenants. Lessor shall at all times have a key to the Premises.
22. RECONSTRUCTION. In the event the Premises, or the Building of which the Premises are a part,
are damaged by fire or other perils Lessor shall have the option; (1) to repair or restore such damage,
this Lease continuing in full force and effect, but the rent to be reduced in proportion to the damage to
the Premises, or (2) give notice to Lessee at any time within (60) days after such damage terminating
this Lease as of the date specified in such notice, which date shall be no less than thirty (30) and no
more than sixty (60) days after the giving of such notice.
23. DEFAULT. The occurrence of any one of the following events shall constitute a default and breach
of this Lease by Lessee.
23a. The vacating or abandonment of the Premises by Lessee.
23b. The failure by Lessee to pay when due the rent or any other payment.
23c. The failure by Lessee to observe or perform any of the covenants, conditions or provisions
of this Lease.
23d. The making by Lessee of any general assignment or general arrangement for the benefit
of creditors, or the filing by or against Lessee of a petition to have Lessee adjudged bankrupt, or a
petition for reorganization under any law relating to bankruptcy.
’
24, REMEDIES IN DEFAULT. In the event of default by Lessee, Lessor may:
24a, Enter the Premises, with or without legal process, and again possess and enjoy the same
as If this Lease had not been made, and the entire amount of unpaid rent due or thereafter to become
due hereunder shall, without further notice or other action on the part of Lessor, accelerate and
immediately become due and payable. ‘
24b. Terminate Lessee's right to possession of the Premises by any lawful means, in which
case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to
Lessor.
24c. Maintain Lessee's right to possession, in which case this Lease shall continue in effect.
24d, Lessor has no duty to attempt to mitigate any damages resulting from Lessee's fallure to
observe or perform any of the terms, covenants and conditions of this Lease, Legal costs and
expenses to the Lessor as a result of any default by the Lessee at the time of default shall be charged
to Lessee's account in the amount of $1,800.00.
25. EMINENT DOMAIN. If any portion of the Building of which the Premises are a part shall be taken
or appropriated by any public or quasi-public authority under the power of eminent domain, Lessor shall
have the right, at its option, to terminate this Lease, and Lessor shall be entitled to any and all Income,
rent or award of any kind which may be paid or made, and Lessee shall have no claim against Lessor
for the value of any unexpired term of this lease.
26. NOTICES. All notices to be given by either party to the other hereunder shall be in writing.
Notices to the Lessee shall be sent by United States mail, postage prepaid, addressed to the Lessee
at:
Eboni D. Jackson
4508 Willamsburg Road Rd, N.
Cincinnati OH 45215
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or to such other place as Lessee may from time to time designate. Notices to the Lessor shall be sent
by United States mail, postage prepaid, addressed to the Lessor at Triangle Park, LLC, 33 N. Third
Street, Suite 500, Columbus, OH 43215-3590, or to such other person or place as the Lessor may from
time to time designate. E-mail, or any other type of electronic communication, shall not be sufficient to
comply with the requirement to deliver any notifications required under the terms of the Lease.
27. BROKERS. Lessee warrants that it has had no dealings with any real estate broker or agents in
connection with the negotiation of this Lease and it knows of no other real estate broker or agent who is
entitled to a commission in connection with this Lease. The agent representing the owner of the real
estate is exclusively representing the owner of the real estate.
28. WAIVER AS TO LOSS OR DAMAGE. Lessor shal! not be Jiable for the loss of or damage to any
property of Lessee or of others by theft or otherwise, nor for any injury to Lessee, Its employees,
agents, or invitees. Lessor shall not be liable directly or indirectly for any damage or inconvenience
caused by suspension or interruption of any utility or of any service furnished by Lessor or others. No
such loss or damage or inconvenience shall save to evict the Lessee providing Lessor uses ordinary
diligence to restore said service. Lessee shall be responsible for the maintenance and repair off all
telephone and/or other communication lines or cables serving the Premises, whether existing or
installed for Lessee, and Lessor shall not be liable for any loss, damage, or inconvenience caused by
the interruption or suspension of service through said lines or cables.
29. SUBORDINATION. This Lease and any changes or amendments hereto or of any renewals or
extensions hereof is subject and subordinate to all underlying Leases and mortgages which may now or
hereafter affect Premises or Building. This clause shall be self-operative and no further Instrument of
subordination need be required by mortgagee. In confirmation of such subordination, Lessee shall, If
requested by Lessor, execute promptly an instrument having that effect.
30. LESSOR’S ALTERATIONS. Provided this Lease is fully executed by June 11, 2021, Lessor
shal! promptly schedule the following alterations:
Paint all walls. Color of paint to be chosen by Lessee from samples provided by Lessor.
Paint one (1) accent wall in the location as shown on the attached Exhibit B. Paint to be
provided by Lessee.
Replace damaged celling tile.
Replace vinyl cove base throughout Premises.
Remove carpet throughout Premises and install luxury viny! tile flooring. Flooring te be
chosen by Lessee from samples provided by Lessor.
Replace six (6) suite doors where shown on the attached Exhibit B. If Lessee chooses,
upgrade to exterior rail barn doors in two (2) locations at no additional cost.
Paint door trim.
Touch up paint throughout ceiling grid.
Install one LED light in every 150 square feet of open area and one LED light in any
hard-wall office.
Install one (1) pendant light. Pendant light to be chosen by Lessee from samples
provided by Lessor.
Install six (6) additional electrical outlets.
Install four (4) solar shades on exterior windows.
Install two (2)4’ x 4' glass panels where shown on the attached Exhibit B.
Provide exterior building signage.
Install three (3) keypad entry door locks. Locks to be provided by Lessee.
Lessee understands that any alterations listed herein, will not commence until the security deposit
required in this Lease has been paid in full and selections are made as required herein. Any delay in either
of the above shall not constitute a reason for Lessee to request change a change to the commencement
date of the lease and shall not constitute a default on the part of Lessor.
In the event that Lessee moves into the Premises before the above work is complete, Lessee
shall have the opportunity to avail themselves of the right below or Lessor shail work with Lessee to
coordinate the completion of the incomplete alterations. To the extent that Lessor finds that any
alteration(s) cannot be economically completed as a result of Lessee's occupancy, Lessor shall be
relieved of the responsibility of completing those alterations.
In the event that the Lessor’s alterations outlined above are not In Lessor's opinion substantially
completed prior to the commencement date of this lease, Lessee’s recourse shall be to have the right
fo make application to the Lessor to consider a) adjusting the commencement date of this lease to the
day after the date of substantial completion of the alterations, or b) to adjust the commencement date of
this lease to the first day of the month following the day of substantial completion along with the
adjustment of the ending date of the lease to provide for the same term length as outlined in this lease.
In the event that Lessee elects fo exercise its right to make the above application, Lessee shall do so
in writing within 10 days from the commencement date of this lease. Lessor shall respond in writing to
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Lessee within seven days from the receipt of said application as to whether said application is accepted
or rejected and if accepted which option (a or b) outlined above fs agreeable to Lessor. If application is
accepted by Lessor, Lessor shall so notify Lessee in writing.as outlined above and this lease shall be
then considered amended by the parties hereto. If application is denied, Lessor shall outline the
reasons thereof in writing to Lessee.
31. WAIVER OF THE RIGHT TO TRIAL BY JURY. Lessor and Lessee hereby knowingly and
intentionally waive the right to trial by jury in any action or proceeding that Lessor or Lessee may
hereinafter institute against each other with resp