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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820
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IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
COLUMBUS CHANNINGWAY LLC ) Case No.
33 N. THIRD STREET, SUITE 500
COLUMBUS, OHIO 43215,
PLAINTIFF, COMPLAINT INCLUDING
vs. COGNOVIT PROVISION
Delana D, Smith
3985 Boyer Ridge
Canal Winchester, OH 43110, and
Anita J. Lindsay
2140 Maple Bend
Columbus, OH 43229,
DEFENDANTS.
1 The following cause of action arose in Franklin County, Ohio.
2. The Defendants Delana D. Smith and Anita J. Lindsay entered into a Lease Agreement with
the Plaintiff on or about March 31, 2022 for the premises located at 6100 Channingway Blvd.
Suite 304 Columbus, Ohio. A true 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,
is being submitted for review by the court with the Complaint.
Plaintiff further states that the Defendants are in default under the terms of the Agreement
described above for failing to pay when due, and are obligated to the Plaintiff in accordance
with the terms of the Agreement for rent and other charges due in the sum of $21,191.57. A
copy of Plaintiffs accounting is attached as Exhibit “2”.
Plaintiff further states that the Agreements executed by the Defendants contain a Warrant of
Attorney confessing judgment in favor of Plaintiff. Pursuant to 2323,13(A), a copy of the
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820
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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 Defendants are set forth in the caption of this Complaint.
WHEREFORE, Plaintiff prays for judgment against the Defendants Delana D, Smith and
Anita J. Lindsay, jointly and severally, for rent and other charges due in accordance with the
terms of the agreement in the sum of $21,191.57 plus interest at the statutory rate per annum
from date of judgment, plus costs.
/s/ Allen J Reis, 0015125
Allen J. Reis, 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#41312948
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AFFIDAVIT
STATE OF OHIO
COUNTY OF FRANKLIN SS
Now comes David W. Bishoff, who first being duly sworn, deposes and
states that he is a
duly authorized representative of Columbus Channingway LLC
(hereinafter “Plaintiff’); that the
Plaintiff maintains records pertaining to its business; that the Affiant
has personal knowledge
that the records were prepared in the ordinary course of business,
at or near the time of the
transaction or event, by a person with knowledge of the event
or transaction, that such fecords
are kept In the ordinary course of Plaintiff's business; and that the
Affiant is competent to testify
about these records and is duly authorized to do so,
AFFIANT further states that Defendants Delana D, Smith and Anita
J. Lindsay entered
into a Lease, Agreement with the Plaintiff on ot about March 31,
2022: for the premises located at
6100 Channingway Blvd, Suite 304 Columbus, Ohio.. Said Agreement
inclides a confession of
Judgment pursuantto Ohio Revised Code §2323.
AFEEANT further states that the copy of said Agreement described above
is a true copy
of the Agreement executed electronically by the Defendants
and is attached as Exhibit “1° of
Plaintiff's Complaint,
AFFIANT fiuther states that Defendants have failed to pay as agreed,
according to the
terms of the Agreement described above, and there is due
the Plaintiff, from the Defendants,
jointly and severally, for rent and other charges due in accordance
with the terms-of the
agreement in the sum of $21,191.57 plus costs.of $100.00,
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820
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AFFIANT further states that the documents attached are the true
copies of the originat
documents, are business records of the Plaintiff, are within the persona
l knowledge of the
SY
Afflant, and accurately reflect the transactions contained
AFFIANT FURTHER SAYETH N Cah S ‘
»
DAVI M9 wi OFF
Title:
Sworn to and subscribed beforeme in my presence
Ducember.
day
2023
SAD 64 Bq ooh
th via "4,
eM \ aN VELMA J, TRUESDALE
SEAS) Notary Public, StaofleOhio
ly Commission Expiras
oS
04-24. a
WWR# 41312948
a
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820
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AFFIDAVIT
State of Ohio
County of Franklin §
Now comes Allen J. Reis who first being duly sworn deposes and states that the attorney for
Columbus Channingway, 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 Defendants
Delana D Smith and Anita J Lindsay ave 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 Defendants are not in the military service.
Affiant further states that to the best of his knowledge the last known address for the Defendant
Delana D Smith is 3985 Boyer Ridge Canal Winchester, OH 43110 and Anita J. Lindsay is 2140 Maple
Bend Columbus, OH 43229.
AFFIANT FURTHER SAYETH NAUGHT.
he
a
\
Allen J. Res (Sup, Count No. 0015125)
Sworn to before me and subscribed in my presence Caeon be | I, A Of a
fi /} ~
; ;
Lii? Ay
Notary Publi
v Aaa
SEAL:
% Lod
J, Ritter
= Notary Puble, Stats of Onis
Commission Number 2076-RE.a21699
esion Expires 42-06-2035
a
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820
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Department of Defense Manpower Data Center ‘Results as of ; Deo-04-2028 05:42:28 AM
SCRA 5.18
fits1 j, Status Report
an
Pursuant to Servicemembers Civil Relief Act
ssi
Birth Date:
Last Name: SMITH
First Name: DELANA
Middle Name: BD
Status As Of: Dec-04-2023
Certificate ID: OV8QLLQ44Z35MRX
Gr Aaa buy ov has Bb San be
“Active
Duty Start Delo ‘Activa
Duty End Date ‘Service Component
NA’ Ro
Ths oepeen efece no a a based on he Ac Duby SaisDf
T
’
“et have ly Wn RT Bot Aas Bi Sa Bl
"have
uty Bn Dale ‘Rative
Duly End Date Status. saa Conporont
“This responsa raflacts is Individual left active daty status vilhin
367 days precodligtho Duty Status Dato
sero a Unt Wis Naliod a Rare al ns Den Ae Bay Seth Ba . ==
nd Nodton Sa Cte Statue Si Cen
NA No Na
“hi reoponss rfc whether to iiaaal 6 Washo ul ao receha- op pion Foport for activa duly
Upon searching the data banks of the Department of Defense Manpower Dati € iter, 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, Alr Force, Space Force, NOAA, Public
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.
San Sfoepgadel
Sam Yousefzadeh, Director
Department of Defense - Manpower Data Centor
4800 Mark Center Drive, Suite 0425
Alexandrla, VA 22360
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820
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‘The Defense Manpower Data Center (OMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enroliment and Eligibility
Roporting System (DEERS) database which Is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Sorvicemambers Civil Relief Act (50 USC App. § 3804 et seq, as amended) (SCRA) (formerly known as
the Soldiers’ and Sallors' Civil Relief Act of 1940). DMDC has Issued hundreds of thousands of "dogs not possess 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
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or Is otherwise entitled fo the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service, Service contact
information can be found on the SCRA wabsite's FAQ page (Q36) via this URL: hilps://scra,dmdc,osd.mil/scra/#ifags, If you have evidence the person
was on active duly for the active duty status date and you fall to obtain this additlonal Service verification, punitive provisions of the SCRA may be Invoked
agalnst you, See 50 USC App, § 3921(c).
This response reflects the folowing information: (1} The individual's Active Duty status on the Active Duty Status Dats (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 certificate Is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the actlve duty perlods less
than 30 consecutive days In length were available. In the case of a member of the Natlonal Guard, this includes service under a call to active service
authorized by the Prosident or the Secrotary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned agalnst an authorized mobilization position In the
unit they support. This Includes Navy Tralning 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 duly commissioned officer 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 the SCRA who would not be
raported as on Active Duty under thls certificate, SCRA protections ara 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 accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections, Porsons seeking to rely on this website
cartificatian should check to make sure the orders on which SCRA protections are based have not been amended to extend the Inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have racolved orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reparted for induction, The Last Date on Active Duty entry is Important because a numberof protections of the SCRA
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 c46st6r. Providing
erroneous information will cause an erroneous certificate to be provided.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820
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Department of Defense Manpower Data Center Results as of : Dee-04-2023 05:42:28 AM
‘SORA 6.18
Status Report
i
Pursuant to Servicemembers Civil Relief Act
ss
Birth Date:
Last Name: LINDSAY
First Name: ANITA
Middle Name: J
Status As Of: Dec-04-2023
Certificate ID: 16KHMT25FGJK5NO
crndhesbas Gniae ihr sats bis
uly Start Date ‘Active
Duly End Dato Status ‘Service Coniponiant
NAS = = No.
To repanen cob et rei ay status based on the Active Duty Status Dats
‘
Lot Aa hl Winn 67 Bayo Rave Diy Sas Das
‘Acie
Duly Start Dato atv
Buty Eid Dato ‘Service Component,
NA
‘This response reflects Indfyidual lot activo ‘ity within 387 days preceding
ths Duty Statue Date
‘The Member ot Hls/Her Unit Was Notified of @ Fuilute Call-Up
to Active Daly on Aalo Duty Stud ‘Date
ie _ Side boticatlon
Stert Date Order Notation Eid Dal aor Gomponehk =
= No
This response reflects whethor tha untinae cece. haliicalion to report for active duty
Upon searching the data banks ofthe Dopartmont of Defense Manpowor Dati Gonter, basod on the information that you provided, the above is tho status of
the Individual on the active duty status date as to all branchas of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public
Sam foegeet
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 Yousefzadeh, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 0425
Alexandria, VA 22350
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820
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The Defense Manpower Data Center (DMD) Is an organization of the Department of Defense (DoD) that maintalns the Defense Enrolment and Ellgbllty
Reporting System (DEERS) database which Is the officlal source of data on eligibility for military medical care and other eligibility systems.
‘The DoD strongly supports the enforcement of the Servicemembers Givll Relief Act (50 USC App, § 3901 et seq, as amended) (SCRA) (formerly known as
the Soldiers’ and Sallors’ Civil Rellef Act of 1940), DMDC has issued hundreds of thousands of “does not possess 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
member, friend, or representative asserts in any manner that the Individual was on active duty for the active duty status date, or Is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtaln furthor verification of the person's status by contacting thal person's Service. Setvice contact
Information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/ecra/#/fags. If yau have evidence the person
‘was on active duty for the active duty status date and you fall to obtaln thls additional Service verification, punitive pravisions of the SCRA may be invoked
against you, See 50 USC App, § 3921(c),
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 recelved early notification to report for active
duly on the Active Duty Status Date,
More Information on "Active Duty Status”
Active duty status as reported In thls certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty perlods less
than 30 consecutive days in length were avallable. 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 § 602(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned agalnst an authorized mobllization 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 officer 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 the SGRA who would not be
reported as on Active Duty under this certificate, SCRA protections are for Title 10 and Title 14 active duly records for all the Uniformed Services periods.
Title 32 periods of Active Duty ara not covered by SCRA, as defined In accordanca with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections, Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based havo not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extand to persons who have recoived orders to report for active duly or to be inducted, but who have not
actually begun active duty or actually reported for Induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
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 cortleate was provided based on a last namo, SN/ i no ester, Providing
grroneaus information will cause an erroneous certificate to be provided,
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820
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icimeereacaes
|
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iG eanee)
eee ae tet (a
Office Leas! in
MADE SIM
eae
a ree
LEASE AGREEMENT
| Between
COLUMBUS CHANNINGWAY, LLC
As Lessor, and
DELANA D. SMITH and ANITA J. LINDSAY
As Lessee
ras
“8
is
iS
Blot'6
Doc ID: Sead4BasbcOaGdeSbo32.2008f3d 8606326043204
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LEASE AGREEMENT
1. PARTIES. This Lease dated
03/31/2022
is made by and between
COLUMBUS CHANNINGWAY LLC, an Ohio Limited Liability Company (herein called "Lessor’) with
offices at 33 North Third Street, Columbus, Ohio 43215, and DELANA D. SMITH and ANITA J.
LINDSAY (herein called "Lessee").
2, PREMISES. Lessor does hereby lease to Lessee certain space (Premises), known as Sulte 304 (as
shown on attached Exhibit A), 6100 Channingway Blvd., Columbus, Ohio.
Said Lease [s 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
Sald ferms, covenants and conditions by it to be kept and performed.
3. TERM. The Term of this Lease shall be for three (3) years commencing May 1, 2022 and ending
April 30, 2025. 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 five (5) percent over that amount to be pald 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 elther Lessor or Lessee elects to terminate this Lease by delivering written
notice to the other not less than one hundred twenty (120) 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 May 1, 2022 to and including April 30, 2025, $700.00 per month
There |s currently a promotion that will deliver a credit of 50% of the rent outlined above during
the first month to the Lessee’s account in the event that this Lease is fully executed by March 31, 2022.
Payment method:
AppFolio 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 fo set up your recurring monthly rant
‘payment, change bank accounts, view your charges and payments, and submit maintenance requests.
‘The link could get caught in your spam folder 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.
If Lessee elects to pay their rent and other charges by check, the monthly rent shall be
increased to include a Ten Dollar ($10.00) par mofth handling fee and all payments shall be made
payableto and sent to:
COLUMBUS CHANNINGWAY, LLC
33 N. Third Street, Suite 500
Columbus, OH 43215
in addition, a penalty will be assessed any rent payment recelved by Lessor after the fifth day of
the month.
redit Score.
tn 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 fo Lessor In accord with the
Notice provision hereunder and alt approvals from Lessor shall be made in writing to Lessoo.
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 Nine Hundred Twenty-Six Dollars ($926.00). Said sum shall be held by Lessor as security
2
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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 and/or Its representative to obtain and verify
any report(s) and information conceming Lessee and any guarantors of this lease. Upon lease
termination, Lessor shall retain one-half of security deposit as a conttibution 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: $60.00
Insurance: $25.00
Operating Expense; $36.00
The monthly estimates shall increase by three (3) percent on January 1 of each calendar year.
8. USE. Lessee shall use the Premises for general business 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 he 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
11a. 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 fighting fixtures, including tubes and bulbs, shall be
paid for by Lessee,
41b. 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 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 furnished, or obligations incurred by
Lessee.
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 2,000
square feet in area, Lessor reserves the right, at its option and upon giving not less than thirty (30) days
written notice to Lesseo, fo transfer and remove Lessee from Premises to other space of substantially
the same size and rent In the Bullding, Lessor shall bear all reasonable costs of sald ramoval and
transfer.
15. 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 and
Lessee's invitees and employees, use or occupancy of the Premises and/or any facilities or assat 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 walvers of subrogation, Lessor or Lessee may in each instance revoke said waiver of
subrogation effective thirty (30) days from the date of notice, unless within such thirty day pertod, the
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OFPICE LEASING MADE SIMPLE®
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other is able to secure and furmish (without additional expenses) insurance in other companies with
such walver of subrogation.
17. LIABILITY INSURANCE. Lessee is required fo carry Its own Commercial General Liabllity
Insurance which will be considered the primary policy in order to protect the Landlord against all
llabilities, judgments, costs, damages, and expenses by reason of property damage or personal injury
resulting from any matter or thing which might occur on the demlsed premises. Lessee shall maintain
during the term of this Lease or any extension thereof, in full force and effect, Public Liabltity 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-tenant” 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 in 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 insurad 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 Liabllity Insurance and Property
Insurance policies and certificates of such coverages. Such policy or policies shall bear an
endorsement fo 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 sald insurance,
Lessor may, but shall not be required to, procure and maintain same, but at the expense 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 lability
insurance required herein and certificates evidencing the existence and amountsof such insurance with
joss payable clauses satisfactory to Lessor.
18. SERVICES AND UTILITIES. Provided that Lessee is not in default hereunder, Lessor agrees to
furnish 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 elevators and 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 Lessot’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 shalt estimate Lessee's
consumption and Lessee shall promptly pay to Lessor said estimated amount, In the event that Lessor
finds that Lessee is using more electricity than that outlined below, Lessor shall have the right fo sub-
meter said electric and invoice Lessee for the actual metered electric used, Lessor may increase tha
monthly estimate upon written notice 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: $72.00
Heat: $25.00
Water / Sewer: $ 8.00
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:
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820 0G649 - N5 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO COLUMBUS CHANNINGWAY LLC ) Case No. 33 N. THIRD STREET, SUITE 500 COLUMBUS, OHIO 43215, PLAINTIFF, COMPLAINT INCLUDING vs. COGNOVIT PROVISION Delana D, Smith 3985 Boyer Ridge Canal Winchester, OH 43110, and Anita J. Lindsay 2140 Maple Bend Columbus, OH 43229, DEFENDANTS. 1 The following cause of action arose in Franklin County, Ohio. 2. The Defendants Delana D. Smith and Anita J. Lindsay entered into a Lease Agreement with the Plaintiff on or about March 31, 2022 for the premises located at 6100 Channingway Blvd. Suite 304 Columbus, Ohio. A true 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, is being submitted for review by the court with the Complaint. Plaintiff further states that the Defendants are in default under the terms of the Agreement described above for failing to pay when due, and are obligated to the Plaintiff in accordance with the terms of the Agreement for rent and other charges due in the sum of $21,191.57. A copy of Plaintiffs accounting is attached as Exhibit “2”. Plaintiff further states that the Agreements executed by the Defendants contain a Warrant of Attorney confessing judgment in favor of Plaintiff. Pursuant to 2323,13(A), a copy of the Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820 0G649 - N6 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 Defendants are set forth in the caption of this Complaint. WHEREFORE, Plaintiff prays for judgment against the Defendants Delana D, Smith and Anita J. Lindsay, jointly and severally, for rent and other charges due in accordance with the terms of the agreement in the sum of $21,191.57 plus interest at the statutory rate per annum from date of judgment, plus costs. /s/ Allen J Reis, 0015125 Allen J. Reis, 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#41312948 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820 0G649 - N7 AFFIDAVIT STATE OF OHIO COUNTY OF FRANKLIN SS Now comes David W. Bishoff, who first being duly sworn, deposes and states that he is a duly authorized representative of Columbus Channingway LLC (hereinafter “Plaintiff’); that the Plaintiff maintains records pertaining to its business; that the Affiant has personal knowledge that the records were prepared in the ordinary course of business, at or near the time of the transaction or event, by a person with knowledge of the event or transaction, that such fecords are kept In the ordinary course of Plaintiff's business; and that the Affiant is competent to testify about these records and is duly authorized to do so, AFFIANT further states that Defendants Delana D, Smith and Anita J. Lindsay entered into a Lease, Agreement with the Plaintiff on ot about March 31, 2022: for the premises located at 6100 Channingway Blvd, Suite 304 Columbus, Ohio.. Said Agreement inclides a confession of Judgment pursuantto Ohio Revised Code §2323. AFEEANT further states that the copy of said Agreement described above is a true copy of the Agreement executed electronically by the Defendants and is attached as Exhibit “1° of Plaintiff's Complaint, AFFIANT fiuther states that Defendants have failed to pay as agreed, according to the terms of the Agreement described above, and there is due the Plaintiff, from the Defendants, jointly and severally, for rent and other charges due in accordance with the terms-of the agreement in the sum of $21,191.57 plus costs.of $100.00, Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820 0G649 - NB AFFIANT further states that the documents attached are the true copies of the originat documents, are business records of the Plaintiff, are within the persona l knowledge of the SY Afflant, and accurately reflect the transactions contained AFFIANT FURTHER SAYETH N Cah S ‘ » DAVI M9 wi OFF Title: Sworn to and subscribed beforeme in my presence Ducember. day 2023 SAD 64 Bq ooh th via "4, eM \ aN VELMA J, TRUESDALE SEAS) Notary Public, StaofleOhio ly Commission Expiras oS 04-24. a WWR# 41312948 a Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820 0G649 - NO AFFIDAVIT State of Ohio County of Franklin § Now comes Allen J. Reis who first being duly sworn deposes and states that the attorney for Columbus Channingway, 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 Defendants Delana D Smith and Anita J Lindsay ave 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 Defendants are not in the military service. Affiant further states that to the best of his knowledge the last known address for the Defendant Delana D Smith is 3985 Boyer Ridge Canal Winchester, OH 43110 and Anita J. Lindsay is 2140 Maple Bend Columbus, OH 43229. AFFIANT FURTHER SAYETH NAUGHT. he a \ Allen J. Res (Sup, Count No. 0015125) Sworn to before me and subscribed in my presence Caeon be | I, A Of a fi /} ~ ; ; Lii? Ay Notary Publi v Aaa SEAL: % Lod J, Ritter = Notary Puble, Stats of Onis Commission Number 2076-RE.a21699 esion Expires 42-06-2035 a Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820 0G649 - NL Department of Defense Manpower Data Center ‘Results as of ; Deo-04-2028 05:42:28 AM SCRA 5.18 fits1 j, Status Report an Pursuant to Servicemembers Civil Relief Act ssi Birth Date: Last Name: SMITH First Name: DELANA Middle Name: BD Status As Of: Dec-04-2023 Certificate ID: OV8QLLQ44Z35MRX Gr Aaa buy ov has Bb San be “Active Duty Start Delo ‘Activa Duty End Date ‘Service Component NA’ Ro Ths oepeen efece no a a based on he Ac Duby SaisDf T ’ “et have ly Wn RT Bot Aas Bi Sa Bl "have uty Bn Dale ‘Rative Duly End Date Status. saa Conporont “This responsa raflacts is Individual left active daty status vilhin 367 days precodligtho Duty Status Dato sero a Unt Wis Naliod a Rare al ns Den Ae Bay Seth Ba . == nd Nodton Sa Cte Statue Si Cen NA No Na “hi reoponss rfc whether to iiaaal 6 Washo ul ao receha- op pion Foport for activa duly Upon searching the data banks of the Department of Defense Manpower Dati € iter, 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, Alr Force, Space Force, NOAA, Public 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. San Sfoepgadel Sam Yousefzadeh, Director Department of Defense - Manpower Data Centor 4800 Mark Center Drive, Suite 0425 Alexandrla, VA 22360 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820 0G649 - NL ‘The Defense Manpower Data Center (OMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enroliment and Eligibility Roporting System (DEERS) database which Is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Sorvicemambers Civil Relief Act (50 USC App. § 3804 et seq, as amended) (SCRA) (formerly known as the Soldiers’ and Sallors' Civil Relief Act of 1940). DMDC has Issued hundreds of thousands of "dogs not possess 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 member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or Is otherwise entitled fo the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service, Service contact information can be found on the SCRA wabsite's FAQ page (Q36) via this URL: hilps://scra,dmdc,osd.mil/scra/#ifags, If you have evidence the person was on active duly for the active duty status date and you fall to obtain this additlonal Service verification, punitive provisions of the SCRA may be Invoked agalnst you, See 50 USC App, § 3921(c). This response reflects the folowing information: (1} The individual's Active Duty status on the Active Duty Status Dats (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 certificate Is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the actlve duty perlods less than 30 consecutive days In length were available. In the case of a member of the Natlonal Guard, this includes service under a call to active service authorized by the Prosident or the Secrotary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned agalnst an authorized mobilization position In the unit they support. This Includes Navy Tralning 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 duly commissioned officer 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 the SCRA who would not be raported as on Active Duty under thls certificate, SCRA protections ara 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 accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections, Porsons seeking to rely on this website cartificatian should check to make sure the orders on which SCRA protections are based have not been amended to extend the Inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have racolved orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reparted for induction, The Last Date on Active Duty entry is Important because a numberof protections of the SCRA 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 c46st6r. Providing erroneous information will cause an erroneous certificate to be provided. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820 0G649 - NL Department of Defense Manpower Data Center Results as of : Dee-04-2023 05:42:28 AM ‘SORA 6.18 Status Report i Pursuant to Servicemembers Civil Relief Act ss Birth Date: Last Name: LINDSAY First Name: ANITA Middle Name: J Status As Of: Dec-04-2023 Certificate ID: 16KHMT25FGJK5NO crndhesbas Gniae ihr sats bis uly Start Date ‘Active Duly End Dato Status ‘Service Coniponiant NAS = = No. To repanen cob et rei ay status based on the Active Duty Status Dats ‘ Lot Aa hl Winn 67 Bayo Rave Diy Sas Das ‘Acie Duly Start Dato atv Buty Eid Dato ‘Service Component, NA ‘This response reflects Indfyidual lot activo ‘ity within 387 days preceding ths Duty Statue Date ‘The Member ot Hls/Her Unit Was Notified of @ Fuilute Call-Up to Active Daly on Aalo Duty Stud ‘Date ie _ Side boticatlon Stert Date Order Notation Eid Dal aor Gomponehk = = No This response reflects whethor tha untinae cece. haliicalion to report for active duty Upon searching the data banks ofthe Dopartmont of Defense Manpowor Dati Gonter, basod on the information that you provided, the above is tho status of the Individual on the active duty status date as to all branchas of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Sam foegeet 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 Yousefzadeh, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 0425 Alexandria, VA 22350 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820 0G649 - Ni The Defense Manpower Data Center (DMD) Is an organization of the Department of Defense (DoD) that maintalns the Defense Enrolment and Ellgbllty Reporting System (DEERS) database which Is the officlal source of data on eligibility for military medical care and other eligibility systems. ‘The DoD strongly supports the enforcement of the Servicemembers Givll Relief Act (50 USC App, § 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers’ and Sallors’ Civil Rellef Act of 1940), DMDC has issued hundreds of thousands of “does not possess 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 member, friend, or representative asserts in any manner that the Individual was on active duty for the active duty status date, or Is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtaln furthor verification of the person's status by contacting thal person's Service. Setvice contact Information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/ecra/#/fags. If yau have evidence the person ‘was on active duty for the active duty status date and you fall to obtaln thls additional Service verification, punitive pravisions of the SCRA may be invoked against you, See 50 USC App, § 3921(c), 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 recelved early notification to report for active duly on the Active Duty Status Date, More Information on "Active Duty Status” Active duty status as reported In thls certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty perlods less than 30 consecutive days in length were avallable. 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 § 602(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned agalnst an authorized mobllization 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 officer 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 the SGRA who would not be reported as on Active Duty under this certificate, SCRA protections are for Title 10 and Title 14 active duly records for all the Uniformed Services periods. Title 32 periods of Active Duty ara not covered by SCRA, as defined In accordanca with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections, Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based havo not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extand to persons who have recoived orders to report for active duly or to be inducted, but who have not actually begun active duty or actually reported for Induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA 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 cortleate was provided based on a last namo, SN/ i no ester, Providing grroneaus information will cause an erroneous certificate to be provided, Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820 0G649 - N1 icimeereacaes | iH iG eanee) eee ae tet (a Office Leas! in MADE SIM eae a ree LEASE AGREEMENT | Between COLUMBUS CHANNINGWAY, LLC As Lessor, and DELANA D. SMITH and ANITA J. LINDSAY As Lessee ras “8 is iS Blot'6 Doc ID: Sead4BasbcOaGdeSbo32.2008f3d 8606326043204 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820 0G649 - NL LEASE AGREEMENT 1. PARTIES. This Lease dated 03/31/2022 is made by and between COLUMBUS CHANNINGWAY LLC, an Ohio Limited Liability Company (herein called "Lessor’) with offices at 33 North Third Street, Columbus, Ohio 43215, and DELANA D. SMITH and ANITA J. LINDSAY (herein called "Lessee"). 2, PREMISES. Lessor does hereby lease to Lessee certain space (Premises), known as Sulte 304 (as shown on attached Exhibit A), 6100 Channingway Blvd., Columbus, Ohio. Said Lease [s 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 Sald ferms, covenants and conditions by it to be kept and performed. 3. TERM. The Term of this Lease shall be for three (3) years commencing May 1, 2022 and ending April 30, 2025. 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 five (5) percent over that amount to be pald 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 elther Lessor or Lessee elects to terminate this Lease by delivering written notice to the other not less than one hundred twenty (120) 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 May 1, 2022 to and including April 30, 2025, $700.00 per month There |s currently a promotion that will deliver a credit of 50% of the rent outlined above during the first month to the Lessee’s account in the event that this Lease is fully executed by March 31, 2022. Payment method: AppFolio 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 fo set up your recurring monthly rant ‘payment, change bank accounts, view your charges and payments, and submit maintenance requests. ‘The link could get caught in your spam folder 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. If Lessee elects to pay their rent and other charges by check, the monthly rent shall be increased to include a Ten Dollar ($10.00) par mofth handling fee and all payments shall be made payableto and sent to: COLUMBUS CHANNINGWAY, LLC 33 N. Third Street, Suite 500 Columbus, OH 43215 in addition, a penalty will be assessed any rent payment recelved by Lessor after the fifth day of the month. redit Score. tn 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 fo Lessor In accord with the Notice provision hereunder and alt approvals from Lessor shall be made in writing to Lessoo. 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 Nine Hundred Twenty-Six Dollars ($926.00). Said sum shall be held by Lessor as security 2 OFFICE LEASING MADE STHPLE@ Dae ID: Sca048aabc0aGdeSbe3220c813d8c063200d3204 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820 0G649 - NL 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 and/or Its representative to obtain and verify any report(s) and information conceming Lessee and any guarantors of this lease. Upon lease termination, Lessor shall retain one-half of security deposit as a conttibution 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: $60.00 Insurance: $25.00 Operating Expense; $36.00 The monthly estimates shall increase by three (3) percent on January 1 of each calendar year. 8. USE. Lessee shall use the Premises for general business 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 he 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 11a. 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 fighting fixtures, including tubes and bulbs, shall be paid for by Lessee, 41b. 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 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 furnished, or obligations incurred by Lessee. 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 2,000 square feet in area, Lessor reserves the right, at its option and upon giving not less than thirty (30) days written notice to Lesseo, fo transfer and remove Lessee from Premises to other space of substantially the same size and rent In the Bullding, Lessor shall bear all reasonable costs of sald ramoval and transfer. 15. 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 and Lessee's invitees and employees, use or occupancy of the Premises and/or any facilities or assat 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 walvers of subrogation, Lessor or Lessee may in each instance revoke said waiver of subrogation effective thirty (30) days from the date of notice, unless within such thirty day pertod, the 3 OFPICE LEASING MADE SIMPLE® Doc 1D: Sca048aabe0a6dc5bc3220c8f3d80083200d3204 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Dec 11 1:37 PM-23CV008820 0G649 - NL other is able to secure and furmish (without additional expenses) insurance in other companies with such walver of subrogation. 17. LIABILITY INSURANCE. Lessee is required fo carry Its own Commercial General Liabllity Insurance which will be considered the primary policy in order to protect the Landlord against all llabilities, judgments, costs, damages, and expenses by reason of property damage or personal injury resulting from any matter or thing which might occur on the demlsed premises. Lessee shall maintain during the term of this Lease or any extension thereof, in full force and effect, Public Liabltity 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-tenant” 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 in 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 insurad 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 Liabllity Insurance and Property Insurance policies and certificates of such coverages. Such policy or policies shall bear an endorsement fo 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 sald insurance, Lessor may, but shall not be required to, procure and maintain same, but at the expense 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 lability insurance required herein and certificates evidencing the existence and amountsof such insurance with joss payable clauses satisfactory to Lessor. 18. SERVICES AND UTILITIES. Provided that Lessee is not in default hereunder, Lessor agrees to furnish 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 elevators and 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 Lessot’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 shalt estimate Lessee's consumption and Lessee shall promptly pay to Lessor said estimated amount, In the event that Lessor finds that Lessee is using more electricity than that outlined below, Lessor shall have the right fo sub- meter said electric and invoice Lessee for the actual metered electric used, Lessor may increase tha monthly estimate upon written notice 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: $72.00 Heat: $25.00 Water / Sewer: $ 8.00 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: