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ORIGINAL HAUTD141026168 INT
IN THE COURT OF COMMON PLEAS
HAMILTON COUNTY, OHIO
TRIANGLE PARK, LLC ) Case No. A2 4012 93
33 N. THIRD STREET, SUITE 500 . )
COLUMBUS, OHIO 43215, . )
PLAINTIFF, ) COMPLAINT INCLUDING
vs. ) COGNOVIT PROVISION
Erica Pullins REGULAR MALL WAIVER
1009 Pinehollow Lane
Cincinnati, OH 45231, )
)
DEFENDANT. )
i 7
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1, The following cause of action arose in Hamilton County, Ohio. i
2. The Defendant entered into a Lease Agreement with the Plaintiff on or about thiy 8,221 for
the premises located in the Georgetown Village at Triangle Park being Building no. &. Suite
2103 Cincinnati, Ohio. A copy of said Agreement is attached hereto as Exhibit “17, 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 agreement described above was subsequently renewed on June
20, 2023 in order to extend the term through August 31, 2027. A copy of the Lease Renewal
Agreement is attached hereto as Exhibit “2”, and in in accordance with R.C. 1306.06 (B), a
‘copy of the documents with electronic signatures, is 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
A
with the terms of the Agreement for rent and other charges due in the sum of $17,674.25.
,
copy of Plaintiff's accounting is attached as Exhibit “3”.
Plaintiff further states that the Agreement executed by the Defendant contains a Warrant of
Attorney confessing judgment in favor of Plaintiff. Pursuant to 2323.13(A), a copy of the
Warrant is included in Exhibits “1 and 2”. This action is permitted under ORC 2323.13 since
the Agreement is defined by its terms for ‘business operations’.
The last known address of the Defendant is set forth in the caption of this Complaint.
WHEREFORE, Plaintiff prays for judgment against the Defendant Erica Pullins for rent
and ‘other charges due in accordance with the terms of the agreement in the sum of $17,674.25
plus interest at the statutory rate per annum from date of judgment, plus costs.
DMs
x
Allen J. Refs, 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#4 1408638
AFFIDAVIT
a~ aon
STATE OF OHIO ”
+9
COUNTY OF FRANKLIN : 8s
Now comes David W. Bishoff, who first being duly sworn, deposes and states that he is a
duly authorized representative of Triangle Park 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 records 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 Defendant Erica Pullins entered into a Lease Agreement
with the Plaintiff on or about July 8, 2021 for the premises located in the Georgetown Village at
Triangle Park being Building no. 21, Suite 2103 Cincinnati, Ohio. Said Agreement includes a
confession of judgment pursuant to Ohio Revised Code §2323.
AFFIANT further states that the agreement described above was subsequently renewed
on June 20, 2023 in order to extend the term through August 31, 2027. Said Agreement includes
a confession of judgment pursuant to Ohio Revised Code §2323.
AFFIANT further states that the copy of the Agreements described above is a true copy
of the Agreements executed electronically by the Defendant and are attached as Exhibits “1 & 2”
of Plaintiff's Complaint.
y
AFFIANT further states that Defendant has failed to pay as agreed, according to the
terms of the Agreement described above, and there is due the Plaintiff, from the Defendant for
the sum of
rent and other charges due in accordance with the terms of the agreement in
$17,674.25, plus costs of $355.00.
AFFJANT further states that the documents attached are the true copies of the original
are business records of the Plaintiff, are within the personal knowledge of the
documents,
Affiant, and accurately reflect the transactions contained therein.
AFFIANT FURTHER SAYETH NAUGHT.
Title: \Vanaco
8
2 ~
A Sworn to and subscribed before me in my presence thi day of
» 2024
> 4 tea
NOTARY P
_SEAL: 4 Pay Mae
eRRIAL
VELMA J. TRUESDALE
e*|
—
at Notary Public, State of Ohio
My Commission Expires
aN ONS 04-24-2025
Ea
WWR# 41408638
AFFIDAVIT
State of Ohio
County of Franklin §
attorney for
Now comes Allen J. Reis who first being duly sworn deposes and states that he is the
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
Frica Pullins is not in the military service.
Affiant further states that this belief is supported by the attached certificate from the Defense
Manpower Data Center (DMDC), which states that the Defendant is not in the military service.
Affiant further states that to the best of his knowledge the last known address of the Defendant is
Oh
1009 Pinehollow Ln. Cincinnati, OH 45231.
Affiant further sayeth naught.
Allen J. Reis (Sup. Crt. No. 0015125)
Sworn to before me and subscribed in my presence Mares [ YL Of Y
She J
Notary Public
Seal:
c
aE
otway
Loft
J. Ritter
Notary Pubtic, State
of Ohio
"EC ‘ommission Number 2016-RE-621563
My Commission Expites 12.06.2026
WWR # 41408638
Results as of : Feb-22-2024 10:45:08 AM
Department of Defense Manpower Data Center SORA 5.18
= hea Status Report
pat
A ee cree Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-4146
Birth Date:
Last Name: PULLINS
First Name: ERICA
Middle Name:
Status As Of: Feb-22-2024
Certificate ID: GN7HPF600J9GDOB
ers
‘On Active Duty On Active Duty Status Date =
Spa Duy Sit Dae Active Duty End Date Status ‘Sonvice’Carnet
wee Pi
Dar os
This response raftacts, luca’ activa duty stakus Based of the. ete: Status Date
lies
ip a Fr MLE fe Ff Pa \ gt
he os Duly Within 367 Days of Active Duty Status Dato, =
‘Active
Buty Start Data ‘Active Duty End Date 4 ‘Stale Barve Component
=H
ta se fh Noe Tall NA
Ths response roiecs Whore indica a ecthe dy ia hin 387 ve re ced hg My Sah Dt
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~ The aero Heer tne ‘Future CathUp to Active Duty on Active Duty Sta
Oniet Notioavon Star Dato: ‘Order Notiiestion End Date ‘si ‘Service Companent
NA NAGE ye ee SNe
Ti osponea atc whether i unl oar ito roport for active duty
ye
is the status of
Upon searching the data banks of the Department of Defense Manpower Bata Centér’ based on the information that you provided, the above
the Individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Alr Forca, Space Force, NOAA, Public
Includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Health, and Coast Guard). This status
Sam Gfousefgadal
Sam Yousefzadsh, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Alexandria, VA 22350
+ Eligibility
‘The Defense Manpower Data Center (OMDC) Is an organization o f the Departmant of Defense (DoD) that maintains the Defense Enrollment and
of data on eligibility for military medical care and other aligibility systems.
Reporting System (DEERS) database which is the official source
App. § 3901 et seq, as amended) (SCRA) (formerly known as
The DoD strongly supports the enforcamant cf the Servicemembers Civil Relief Act (50 USC
of "does not possess any Information Indicating that the
the Soldiars' and Sailors' Civil Relief Act of 1940), DMDC has issued hundreds of thousands
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
on active duty for the active duty status date, or Is otherwise entitled to the
member, friend, or representative asserts In any manner that the Individus 1al was
protections of the SCRA, you are strongly encouraged to obtain furthor verification ofthe person's stalus by contacting. Ifthat person's Sorvico. Service contact
information can be found on the SCRA website's FAQ pago (036) via this URL: httpsy/scra. dmde.osd.mil /scra/#ifaqs you have evidenca the person
provisions of the SCRA may be invoked
verification, punitive
was on active duty for tho active duty status date and you fail to obtain this additional Service
against you. See 50 USC App. § 3921(¢).
Status Date (2) Whether the individual left Active
‘This response reflects the following Information: (1) Tha Individual's Active Duty status on the Active Duty
Date (3) Whether the Individual or his/her unit racaived early notification to report for active
Duty status within 367 days preceding ths Active Duty Status
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 40 USC § 101(d) (1). Prior to 2010 only soma of the active duty periods less
includes service under a calll to active service
than 30 consecutive days in tength were available, In the case of a mamberof the National Guard, this
authorized by the President or the Secretary of Defense undar 32 USC § 502() for purposes of responding to a national emergency declared by the
President and supported by Foderal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position In the
Unit they support, This includas Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserva (ARs) and Coast Guard Reserve
commissioned officer of the U.S.
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member ‘who is an active duty
Publle Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
would not be
Caverage under the SCRA Is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who
for all the Uniformed Services periods,
raported as on Activa Duty under this certificate. SCRA protections aro for Title 10 and Titie 14 active duty records
Tille 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. Persons seeking to rely on this website
of service.
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the Inclusive dates
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
actually bagun activa duly or actually raported 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 raly 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.
ei
Perera,
Office Leasi in
MADE SIMPI i.
LEASE AGREEMENT
Between
TRIANGLE PARK, LLC
As Lessor, and
ERICA A. PULLINS
As Lessee
eR
sa
————Es
UND 38
Doc ID: 3932b 1e7de008acda127169ed0181e54521e09d8
LEASE AGREEMENT
07/08/2021
41. 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
ERICA A. PULLINS (herein called "Lessee”).
2. PREMISES. Lessor does hereby lease to Lessee certain space (Premises), known as Suite 2103
(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 ail of the
said terms, covenants and conditions by it to be kept and performed.
3. TERM. The Term of this Lease shall be for three (3) years commencing September 1, 2021 and
ending August 31, 2024. 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 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, 2024, $1,625.00 per month
There is currently a promotion that will deliver a credit of 50% of the rent outlined above during
the first two (2) months to the Lessee's account in the event that this lease is fully executed by July 31,
2021.
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 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 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” ican,
Lessor reserves the right to change payment processing methads 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) 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 cradit 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 hereunder Is 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 Lassee 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 al! 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 One Hundred Sixty- Five Dollars ($2,165.00), 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 Lesser,
in the event of Lessee's default, to any damage suffered by Lessor as the result of Lessee's default. If
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OFFICE LEASING MADE SIMPLE®
Doc ID: 3932b1¢7dc008acda127 16Gad016 105452100008
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 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: $150.00
Insurance: 60.00
Operating Expense: $ 90.00
The monthly estimates shall increase by thres (3) percent on January 1 of each calendar year.
8. USE, Lessee shail use the Premises for general business purposes and as an event center 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 raputation 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
‘41a. 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 contro! of Lessee and ordinary wear
and tear excepted. All expenses of maintaining lighting fixtures, including tubes and bulbs, shall be
paid for by Lessee.
11b. 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 furnished, or obligations incurred by
Lessee.
413. 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.
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 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 sald walver of
subrogation effective thirty (30) days from the date of notice, unless 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.
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OFFICE LEASING MADE SIMPLES
Doe ID: 3932b1c7dc008acda127 169ed018 1e54521e09d8
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
injury
liabilities, judgments, costs, damages, and expenses by reason of property damage or personal
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-tenant" liability insurance that
tay 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 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 Properly
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 shali 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 liability
insurance required herein and certificates evidencing the existence and amounts of such insurance with
loss payable clauses satisfactory to Lessor.
48, 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 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 said 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 sald electric and
Invoice Lessee for the actual metered electric used. Lessor may increase the 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: $165.00
Heat: $ 75,00
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 fo time promulgate and are currently as follows:
A. Lessee agrees that it, Its employees, agents, patrons and invitees, will not:
1. 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 increased premium forsuch 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 bolls 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.
OFFICE LEASING MADE SIMPLE®
Doc ID: 3932b1c?de008acda127 169ed0161054521e08d8
1
9. Advertise in any way which, in Lessor's opinion, tends to impair the reputation of Building or
its desirability as an office building.
B. Lessee shall limit any claim resulting from or in any way attributable to this lease, or other acts of
Lessor, to an amount notto exceed ten percent (10%) of the rent received by Lessor from Lessee.
Cc 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 fo 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 Bullding or throw cigar or
cigarette butts or other substances or litter of any kind In or about the Building, 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.
BE 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 Bullding 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 genera! 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 attemptto mitigate any damages resulting from Lessee's failure 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 bythe Lessee at the time of default shall be charged
fo Lessee's account in the amount of $1,800.00,
25, EMINENT DOMAIN. If any portion of the Building of which the Premises ara 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 elther 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
the Premises, or to such other place as Lessee may from time to time designate. Notices to the Lessor
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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 shall not be liable 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 Indiractly for any damage or inconvenience
caused by suspension or interruption of any utility or of any service furnished by Lessor or others. lo
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 ltable 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 July 11, 2021, Lessor
shall promptly schedule the following alterations:
. Paint all walls throughout the premises. Color of paint to be chosen by Lessee from samples
provided by Lessor.
Remove carpet and Install Luxury Vinyl Tile flooring throughout the premises. Flooring to be
chosen by Lessee from samples provided by Lessor.
Install vinyl cove base throughout the premises.
Replace two.(2) suite doors where shown on the attached Exhibit B.
Replace damaged ceiling tiles throughout the premises.
Remove one (1) partition where shown.
Install one LED tight in any private office and one LED light in every 150 square feet of open
area throughout the premises.
Install solar window blinds on five (5) exterior windows.
Provide Exterior Signage on Building.
Common Areas:
Replace carpet OR install LVT flooring throughout the hallway.
Paint walls throughout the hallway and restrooms.
Install one LED light in every 150 square feetof open area throughout the hallway and
restrooms,
Deep clean of restrooms prior to occupancy.
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 shall 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 Lessot’s opinion substantially
completed prior to the commencement date of this lease, Lessee's recourse shall be to have the right
to 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 to 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
Lessee within seven days from the receipt of said application as to whether said application is accepted
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or rejected and if accepted which option (a or b) outlined above is 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
teasons thereof in writing to Lessee.
a. WAIVER OF THE RIGHT TO TRIAL BY JURY. Lessor and Lessee hereby knowingly and
Intentionally walve the right to trial by jury in any action or proceeding that Lessor or Lessee may
hereinafter institute against each other with respect to any matter arising out of or related to this Lease
or the Leased Premises.
32. ENTIRE AGREEMENT. This Lease contains the entire agreement of the parties and no
representations or agreements, oral or written, not embodies herein, or incorporated herein by
references, shall be of any force or effect.
33. CONFESSION OF JUDGMENT. Lessee hereby irrevocably authorize and empower any
attomey-at-law, including an attorney hired by Lessor, to appear in any court of record and to confess
judgment against Lessee for the unpaid amount of this Lease Agreement as evidenced by an affidavit
signed by an officer of Lessor setting forth the amount then due, attorney's fees plus costs of suit, and
to release all errors, and waive all rights of appeal. If a copy of this Lease Agreement, verified by an
affidavit, shall have been filed in the proceeding, it will not be necessary to file the original warrant of
attorney. Lessee waives the right fo any stay of execution and the benefit of all exemption laws now or
hereafter in effect. No single e