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IN THE COURT OF COMMON PLEAS
HAMILTON COUNTY, OHIO
TRIANGLE PARK, LLC ) cases i ; 7?
33. N. THIRD STREET, SUITE 500 )
COLUMBUS, OHIO 43215,
wats
. PLAINTIFF, REGULAR MATL ) COMPLAINT INCLUDING
vs. ) COGNOVIT PROVISION
)
AN
Marlon D Walke:
507 Spring St.
Piqua, OH 45356,
DEFENDANT. D141026089 INI
1. The following cause of action arose in Hamilton County, Ohio. :
2. The Defendant entered into a Lease Agreement with the Plaintiff on or about August},
2023, for the premises located in the Georgetown Village at Triangle Park beiag Buiding no.
5, Suite 603 Cincinnati, Ohio. A copy of said Agreement is attached heretofSIExhibit “1”,
and in accordance with R.C. 1306.06 (B), a copy of the document with electronic si; Sal tures,
Nn
oo
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
with the terms of the Agreement for rent and other charges due in the sum of $22,041.24. A
copy of Plaintiff's accounting is attached as Exhibit “2”.
4 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 Exhibit “1”. This action is permitted under ORC 2323.13 since the
‘Agreement is defined by its terms for ‘business operations’.
5 ‘The last known address of the Defendant is set forth in the caption of this Complaint.
WHEREFORE, Plaintiff prays for judgment against the Defendant Marlon D. Walker for
tent and other charges due in accordance with the terms of the agreement in the sum of
ate of judgment, plus costs.
je
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#41408637
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 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 Marlon D. Walker entered into a Lease
Agreement with the Plaintiff on or about August 31, 2023 for the premises located in the
Georgetown Village at Triangle Park being Building no. 6, Suite 603 Cincinnati, Ohio. Said
Agreement includes a confession of judgment pursuant to Ohio Revised Code §2323.
AFFIANT further states that the copy of said Agreement described above is a true copy
of the Agreement executed electronically by the Defendant and is attached as Exhibit “1” of
Plaintiff's Complaint.
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
rent and other charges due in accordance with the terms of the agreement in the sum of
$22,041.24, plus costs of $355.00.
AFFIANT further states that the documents attached are the true copies of the original
documents, are business records of the Plaintiff, are within the personal knowledge of the
Affiant, and accurately reflect the transactions contained therein.
AFFIANT FURTHER SAYETH NAUGHT.
DAVID BISHOFF
title:_/ f Ul Mage f
Sworn to and subscribed before me in my presence this
Mowe 2024
(> NOT
{ZPU)
SEAL: 24/ DY, 2628
r 3)
VELMA J. TRUESDALE
Notary Public, State of Ohio
My Commission Expires
WWR# 41408637 04-24-2025
oo
AFFIDAVIT
State of Ohio
County of Franklin §
Now comes Allen J. Reis who first being duly sworn deposes and states that he is the attorney for
Triangle Park LLC in the within matter.
Affiant further states that the within Affidavit is made pursuant to and in accordance with the
Servicemembers’ Civil Relief Act (SCRA), 50 U.S.C. App. § 521
Affiant further states that based upon investigation it is the Affiant’s belief that the Defendant
Marlon D Walker 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
507 Spring St. Piqua, OH 45356
Affiant further sayeth naught.
Qs
Allen J. Rei€ (Sup. Crt. No. 0015125)
Sworn to before me and subscribed in my presence on Ware / Y AAV
Pun bile.
Notary Public Y
Seal:
Loft J. Ritter
{ae Notary Public, State of Chio
"= Commission Number 2016-RE-621663
My Commission Expires 12-08-2026
WWR # 41408637
Results
as of : Mar-05-2024 06:60:18 PM
Department of Defense Manpower Data Center
SORA 5.18
sea
oegf
Omid Status Report
2 nnie Pursuant to Servicemembers Civil Relief Act
S
ars
SSN’ XXX-XX-6522
Birth Date:
Last Name: WALKER
First Name: MARLON
Middle Name:
Status As Of: Mar-05-2024
Certificate ID: LCYSD3FL3B2463T
eotice Sete =.
ja ity On Netve
Duty States Data” 7
‘Active
Disty Start Date Tie Gu Erb s ‘Stats Service Component
NA Sa MURR Wy eS, NA
‘This reaponse reflectsthe individuals’faa “ y‘stalus based on the Active ‘Status Deto
om
ay oe
Ra. VET ee 2h.
Lon ActiveDuty Within 387 Days of Active Duty Stotum Dato’
‘Active Disty Start Date as “Active Duty End Dato, ‘Status ‘Servige Component 2
is NA EE =
ee No NA
This response reflects Iva eh athe diy ‘387 days precedifg the, ‘Duty Status Date
Te
¥
hn ak
ee oe “enshap
fod
Future Giup tw Acie Busy on Aetve Buy Sa Date.
if
"Th Morbor or fer Unit Woea
TF Ord Notification
Start Dete = Order Notification End Dato Status ‘Service Component
NAS: SS SEs ENO
This response reflacts whether the isfher-unit has recelvad éérly notfesticn to report for active duty
See aes GL =
Upon searching the data banks of the Department of Defanse Manpower Data Canter; | Based ‘on the Information that you provided, the above is the status of
the Individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public
Health, and Coast Guard). This status includes Information on a Servicemember or his/her unit receiving notification of future orders to raport for Active Duty,
‘Sam Yousefzadeh, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Alexandria, VA 22350
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting Systém (DEERS) database which Is the official source of data on eligibility for military medical care and other ellgibllity systems.
‘The DoD strongly supports the enforcement of the Sorvicamembers Civil Rellef Act (50 USG App. § 3901 at seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief 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 arror rate. In the evant 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 otharwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain furthar verification of the person's status by contacting that person's Service, Service contact
information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scraM#/fags. If you have avidence the person
‘was on active duty for the active duty status data and you fall to oblain this additional Service verification, punitive provisions 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 ddys preceding the Active Duty Status Date (3) Whether the individual or his/her unit recelved early notification te 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 active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by tha President or the Secretary 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 against an authorized mobilization position in the
unit they support, This Includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Resarve (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 tha SCRA Is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordanca with 10 USC § 101(d)(1).
Many times orders are amanded to extend the period of active duty, which would extend SCRA protections. Persons seaking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amanded to extend the Inclusive dates of service,
Furthermora, 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 begun active duty or actually reported for induction, The Last Data on Active Duty entry is important because a number of protections of the SCRA
extend beyond tha last dates of activa duty,
‘Those who could rely on this certificate are urged to seek qualified legal counsel fo ensure that all rights guaranteed to Servica members under the SCRA
are protected
.
WARNING: This certificate was provided based on a last name, SSN/dats of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate ta ba provided.
—= ee
trig
Office Leasin, |
MADE SIMI
aig
LEASE AGREEMENT
Between
TRIANGLE PARK, LLC
As Lessor, and
MARLON D. WALKER
As Lessee
Ln FF:
Hs 2
eae
(ye)
Doc ID: 472d711975d91¢7¢8996421c7a2c8a76046282b5,
LEASE AGREEMENT
08 / 31 / 2023 is made by and between TRIANGLE
4. PARTIES. This Lease dated
PARK, LLC (herein called "Lessor’) with offices at 33 North Third Street, Columbus, Ohio 43215, and
MARLON D, WALKER (herein called "Lessee").
2. PREMISES. Lessor doss hereby lease to Lessee certain space (Premises), known as Suite 603 (as
shown on attached Exhibit A), in Triangle Office Park, Cincinnati, Ohio.
Said Lease is subject to the terms, covenants and conditions herein set forth and the Lessee
covenants as a material part of the consideration for this Lease to keep and perform each and all of the
said terms, covenants and conditions by it to be kept and performed.
3. TERM. The Term of this Lease shall be for three (3) years commencing September 1, 2023 and
ending August 31, 2026. It is agreed that this Lease shall continue thereafter for an additional term of
the same length as the preceding term on the same terms and conditions, except that the monthly rent
shall be either increased by five (5) percent over that amaunt 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 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 September 1, 2023 to and including August 31, 2026, $400.00 per month
je
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" 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) 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
Gredit Score Premium
In the event that Lessee and/or its Guarantors) 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 hereunder is currently
$40.00.
Lessee and/or its Guarantor(s) shall have the right to make application once per calendar year
to have Lessor review the current credit score of Lessee and/or its Guarantor(s). In the event the credit
score is above 600 at the time of application, this premium shall no longer be required. In the event
that Lessor finds that Lessee and /or its Guarantor(s) credit score drops below 600, this premium shall
be applied and/or reinstated. All applications shall be made in writing to Lessor in accord with the
Notice provision hereunder and all approvals from Lessor shall be made in writing to Lessee.
5, FINANCE CHARGE. All unpaid rent and non-rent invoices shall accrue a finance charge per month.
6, SECURITY DEPOSIT. Upon execution of this Lease, Lessee shall immediately deposit with Lessor
the sum of One Thousand Six Hundred Doltars ($1,800.00), 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 Lessor, in the event
of Lessee's default, to any damage suffered by Lessoras 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
2
OFFICE LEASING MADE SIMPLED
Doe ID: 472d7 11975d91¢768996421c7a2c9a76b46282b5,
any report(s) and information concerning 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: $30.00
Insurance: $35.00
Operating Expense: $21.00
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 within the health & beauty
Industry and shall not use or permit the Premises to be used for any other purpose without the prior
written consent of Lessor,
In the event that Lessee utilized any portion of the Premises or the Building in which the
Premises are a part, in a manner objectionable to Lessor, Lessor shall have the right to terminate this
Lease by delivering written notice to Lessee.
9. COMPLIANCE WITH LAW. Lessee shall not use or permit the Premises to be used, for any
purpose which will in any way conflict with any law, statute, ordinance, rule or regulation of any duly
constituted authority, or which will, in Lessor’s opinion, adversely affect the rentability or reputation of
the Building.
10. ALTERATIONS AND ADDITIONS. Lessee shall not make any alterations, additions or
Improvements to the Premises or any part thereof without the written consent of Lessor.
11, REPAIRS
‘a, 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.
44b. Lessor shall maintain and repair the structural portions of the Building, all common areas of
the Building, and the alr 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.
42. 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.
43, 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 feat 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 fram Premises to other space of substantially
the same size and rent in the Building. Lesser 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.
46. 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. :
OFFICE LEASING MADE SIMPLES
Doc ID: 4724711975084 }c7c8996421¢7a2c0a7 654628205,
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
iabi ies, judgments, costs, damages, and expenses by reason of property damage or personal injury
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
avery 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 ang 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 pérsons 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 Liabifity Insurance and Property
Insurance policies and certificates of such coverages. Such policy or policies shall bear an
endorsement to the effect that the Insurer shall not cancel or modify the same without at least fifteen
(15) days prior written notice to the Lessor. If Lessee shall fail to procure and maintain said insurance,
Lessor may, but shall not be required to, procure and maintain same, but at the 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.
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 Lessors
judgement. Janitorial service can be provided to Premises upon request of Lessee. 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 said 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: $38.50
Heat: $17.50
Water: $20.00
The monthly estimates shall increase by three (3) percent on January 1 of each calendar year.
19, RULES AND REGULATIONS. Lessee shall faithfully cbserve and comply with all rules and
regulations that Lessor shall from time to time promulgate and are currently as follows:
A. Lessee agrees that it, Its employees, agents, patrons and invitees, will not:
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 Bullding, or
result in any increased premium for such insurance; or permit any objectionable odors to emanate from
Premises.
6. Disturb or interfere with the other occupants of Building by any means orin any way.
7. Place additional locks or bolts on doors or windows or change existing locks or bolts or the
mechanism thereof.
OFFICE LEASING MADE SIMPLES
Doc ID: 472d711975d91¢7c 8996421 c7 a2cSa? Gb46262b5,
8, Move furniture, equipment, or supplies into or out of Premises, without the prior written
consent of Lessor.
9. Advertise in any way which, in Lessor’s opinion, tends to impair the reputation of Building or
its desirability as an office building.
B. Lessee shail limit any claim resulting from or in any way attributable to this lease, or other acts of
Lessor, to an amount not to exceed ten percent (10%) of the rent received by Lessor from Lessee.
Lessor may at any time, place on or about the Premises any ordinary “For Lease” signs; and within
six (6) months prior to the date of the expiration of this Lease, Lessor or its agents shal! have the
right to enter the Premises at all reasonable times for the purpose of exhibiting the Premises to
prospective Lessees.
The Building is a smoke-free Building. Smoking is strictly prohibited within the Building. Smoking
shall only be allowed In areas designated as a smoking area by Lessor. Lessee and its employees,
representatives, contractors or invitees shall not smoke within the Building-or throw cigar or
cigarette butts or other substances or litter of any kind in or about the 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.
Lessee will see that all doors are securely locked, water faucets, electric lights and electric
machinery are turned off before leaving the Building.
The costs of removal or repair of any clogs of any drains that Lessor deems are a rasult of an
accumulation of hair or beauty products shall be charged to the account of Lessee and Lessee shall
promptly reimburse Lessor for the same.
Lessor strongly recommends that Lessee purchase odorless, non-chemical nail products for use
in the Premises. If Lessee does not wish to utilize odorless products, Lessor requires that Lessee
provide and install an air purifier. These portable units can be set directly on a nail tech station.
Lessee shall install and maintain both a drain strainer in the sink and a hair drain trap under the
sink on all sinks in the Premises. Both are required to be cleaned dally at the end of each day.
20. HOLDING OVER. Any holding over after the expiration of the term hereof shall be construed as
@ 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.
24. 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 Pramises.
22, RECONSTRUCTION. In the event the Premises, or the Building of which the Premises are a part,
are damaged by fire or other perils Lessor shall have the option; (1) to repair or restore such damage,
this Lease continuing in full force and effect, but the rent to be reduced tn proportion to the damage to
the Premises, or (2) give notice to Lessee at any time within (60) days after such damage terminating
this Lease as of the date specified in such notice, which date shall be no less than thirty (30) and no
more than sixty (60) days after the giving of such notice.
23. DEFAULT. The occurrence of any one of the following events shall constitute a default and breach
of this Lease by Lessee.
23a. ‘The vacating or abandonment of the Premises by Lessee.
23b. The failure by Lessee to pay when due the rent or any other payment.
23c. The failure by Lessee to observe or perform any of the covenants, conditions or provisions
of this Lease.
23d. The making by Lessee of any general assignment or general arrangement for the benefit
of creditors, or the filing by or against Lessee of a petition to have Lessee adjudged bankrupt, or a
petition for reorganization under any law relating to bankruptcy.
24. REMEDIES IN DEFAULT. In the event of default by Lessee, Lessor may:
24a, Enter the Premises, with or without legal process, and again possess and enjoy the same
as if this Lease had not been made, and the entire amount of unpaid rent due or thereafter to become
due hereunder shall, without further notice or other action on the part of Lessor, accelerate and
immediately become due and payable.
24b. Terminate Lessee's right to possession of the Premises by any lawful means, in which
case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to
Lessor.
24c. Maintain Lessee's right to possession, in which case this Lease shall continue in effect.
24d. Lessor has no duty to attempt to mitigate any damages resulting from Lessee’s failure to
observe or perform any of the terms, covenants and conditions of this Lease. Legal costs and
OFFICE LEASING MADE SIMPLEO
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expenses to the Lessor as a result of any default by the Lessee at the time of default shall be charged
to Lessee’s account in the amount of $1,800.00.
25, EMINENT DOMAIN. If any portion of the Building of which the Pramises are a part shall be taken
or appropriated by any public or quasi-public authority under the power of eminent domain, Lessor shall
have the right, at its option, to terminate this Lease, and Lessor shall be entitled to any and all income,
rent or award of any kind which may be paid or made, and Lessee shall have no claim against Lessor
for the value of any unexpired term of this ease.
26. NOTICES. All notices to be given by either party to the other hereunder shall be In writing.
Notices to the Lessee shall be sent by United States mail, postage prepaid, addressed to the Lessee at
the Premises, or to such other place as Lessee may from time to time designate. Notices to the Lessor
shall be sent by United States mail, postage prepaid, addressed to the Lessor at Triangle Park, LLC, 33
N. Third Street, Suite 500, Columbus, OH 43215-3590, or fo 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
suffictent 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 eslate brokeror 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 ownerof 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 indirectly for any damage or inconvenience
caused by suspension or interruption of any utility or of any service furnished by Lessor or others. No
such loss or damage or inconvenience shall save to evict the Lessee providing Lessor uses ordinary
diligence to restore said service. Lessee shall be responsible for the maintenance and repair off all
telephone and/or other communication lines or cables serving the Premises, whether existing or
installed for Lessee, and Lessor shall not ba liable for any loss, damage, or inconvenience caused by
the interruption or suspension of service through said lines or cables.
29, SUBORDINATION. This Lease and any changes or amendments hereto or of any renewals or
extensions hereof is subject and subordinate to all underlying Leases and mortgages which may now or
hereafter affect Premisas or Bullding. 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 September 1, 2023,
Lessor shall promptly schedule the following alterations:
. Install lessee-provided sink.
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 elther
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 shali be
relieved of the responsibility of completing those alterations.
In the event that the Lessor's alterations outlined above are not in Lessor's opinion substantially
completed prior to the commencement date of this lease, Lessee's recourse shall be to have the right
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
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
reasons thereof in writing to Lessee.
Me WAIVER OF THE RIGHT TO TRIAL BY JURY. Lessor and Lessee hereby knowingly and
intentionally waive the right to trial by jury in any action or proceeding that Lessor or Lessee may
6
OFEICE LEASING MADE SIMPLED
Dog ID: 472d711975d9 1070899642167
a2c9a7 6b46282b5
Lease
hereinafter institute against each other with respect to any matter arising out of or related to this
or the Leased Premises.
ENTIRE AGREEMENT. ‘his Lease contains the entire agreement of the parties and no
32.
embodies herein, or Incorporated herein by
representations or agreements, oral or written, not
references, shall be of any force or effect.
33. CONFESSION OF JUDGMENT. Lessee hereby irrevocably authorize and empower any
attomey-atlaw, inet luding an attomey hired by Lessor, to appear in any court of record and to confess
judgment against Lessee for the unpald amount of this Lease Agreement as evidenced by an affidavit
and
signed by an officer of Lessor setting forth the amount then due, alttomey's fees plus costs of sult,
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
attomey. Lessee waives the right to any stay of execution and the benefit of all exemption laws now or
be
hereafter in effect, No single exercise of the foregoing warrant and power to confess judgment will
deemed to exhaust the power, whether or not any such exercise shall be held by any court to ba
invalid, voldable, or void; but the power wil! continue undiminished and may be exercised from tima to
time as Lessor may elect untll all amounts owing on this Lease Agreement have been paid in full.
Lessee waive any conflict of interest that an attorney hired by Lessor may have in acting on behalf of
Lessee in confessing judgment against Lessee which such attorney is retained by Lessor. Lessee
expressly consents to such attornay acting for Lessee in confessing judgment.
34. PARKING. Lessor hereby grants to Lessee the right to use parking spaces at no charge on a non-
exclusive basis in common with other Lessees of the Building.
35, SIGNAGE, Lessor shall, at Lessor's expense, Install signage identifying Lessee's occupancy.
Signage shall meet Lessor's standard specification for Lessee signage, in order to provide harmony of
the Building as to the exterior and interior appearances.
36. ESTOPPEL CERTIFICATE. Lessee shall, at any time upon not less than ten (10) days’ prior
written notice from Lessor, execute, acknowledge and deliver to Lessor a statement tn writing: (i)
certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of
such modification and certifying that this Lease as so modified, is in full force and effect) and the date to
which rent and other charges are paid in advance, if any; and (ii) acknowledging that there are no
uncured defaults on the part of Lessor hereunder, or specifying such defaults if any are claimed. Such
statement shall be in a form as Lessor, purchaseror mortgagee shall require. Any such statement may
be conclusively relied upon by any prospective purchaser cr mortgagee of the Premises. Failure to
deliver such statement in sald ten (10) day period is a material default hereunder.
37. PATRIOT ACT. Each of Lessor and Lessee, each as to itself, hereby represents its compliance
with all applicable anti-money laundering laws, including, without imitation, the USA patriot Act, and the
laws administered by the United States Treasury Department's Office of Foreign Assets Control,
including, without limitation, Executive Order 13224 (“Executive Order’). Each of Lessor and Lessee
further represent (i) that itis not, and It is not owned or controlled directly or indirectly by any person or
entity, on the SDN List published by the United States Treasury Department's Office of Foreign Assets
Control, and (ii) that it is not a person otherwise identified by government or lagal authority as a person
with whom a U.S. Person is prohibited from transacting bu
Preview
IN THE COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO TRIANGLE PARK, LLC ) cases i ; 7? 33. N. THIRD STREET, SUITE 500 ) COLUMBUS, OHIO 43215, wats . PLAINTIFF, REGULAR MATL ) COMPLAINT INCLUDING vs. ) COGNOVIT PROVISION ) AN Marlon D Walke: 507 Spring St. Piqua, OH 45356, DEFENDANT. D141026089 INI 1. The following cause of action arose in Hamilton County, Ohio. : 2. The Defendant entered into a Lease Agreement with the Plaintiff on or about August}, 2023, for the premises located in the Georgetown Village at Triangle Park beiag Buiding no. 5, Suite 603 Cincinnati, Ohio. A copy of said Agreement is attached heretofSIExhibit “1”, and in accordance with R.C. 1306.06 (B), a copy of the document with electronic si; Sal tures, Nn oo 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 with the terms of the Agreement for rent and other charges due in the sum of $22,041.24. A copy of Plaintiff's accounting is attached as Exhibit “2”. 4 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 Exhibit “1”. This action is permitted under ORC 2323.13 since the ‘Agreement is defined by its terms for ‘business operations’. 5 ‘The last known address of the Defendant is set forth in the caption of this Complaint. WHEREFORE, Plaintiff prays for judgment against the Defendant Marlon D. Walker for tent and other charges due in accordance with the terms of the agreement in the sum of ate of judgment, plus costs. je 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#41408637 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 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 Marlon D. Walker entered into a Lease Agreement with the Plaintiff on or about August 31, 2023 for the premises located in the Georgetown Village at Triangle Park being Building no. 6, Suite 603 Cincinnati, Ohio. Said Agreement includes a confession of judgment pursuant to Ohio Revised Code §2323. AFFIANT further states that the copy of said Agreement described above is a true copy of the Agreement executed electronically by the Defendant and is attached as Exhibit “1” of Plaintiff's Complaint. 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 rent and other charges due in accordance with the terms of the agreement in the sum of $22,041.24, plus costs of $355.00. AFFIANT further states that the documents attached are the true copies of the original documents, are business records of the Plaintiff, are within the personal knowledge of the Affiant, and accurately reflect the transactions contained therein. AFFIANT FURTHER SAYETH NAUGHT. DAVID BISHOFF title:_/ f Ul Mage f Sworn to and subscribed before me in my presence this Mowe 2024 (> NOT {ZPU) SEAL: 24/ DY, 2628 r 3) VELMA J. TRUESDALE Notary Public, State of Ohio My Commission Expires WWR# 41408637 04-24-2025 oo AFFIDAVIT State of Ohio County of Franklin § Now comes Allen J. Reis who first being duly sworn deposes and states that he is the attorney for Triangle Park LLC in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers’ Civil Relief Act (SCRA), 50 U.S.C. App. § 521 Affiant further states that based upon investigation it is the Affiant’s belief that the Defendant Marlon D Walker 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 507 Spring St. Piqua, OH 45356 Affiant further sayeth naught. Qs Allen J. Rei€ (Sup. Crt. No. 0015125) Sworn to before me and subscribed in my presence on Ware / Y AAV Pun bile. Notary Public Y Seal: Loft J. Ritter {ae Notary Public, State of Chio "= Commission Number 2016-RE-621663 My Commission Expires 12-08-2026 WWR # 41408637 Results as of : Mar-05-2024 06:60:18 PM Department of Defense Manpower Data Center SORA 5.18 sea oegf Omid Status Report 2 nnie Pursuant to Servicemembers Civil Relief Act S ars SSN’ XXX-XX-6522 Birth Date: Last Name: WALKER First Name: MARLON Middle Name: Status As Of: Mar-05-2024 Certificate ID: LCYSD3FL3B2463T eotice Sete =. ja ity On Netve Duty States Data” 7 ‘Active Disty Start Date Tie Gu Erb s ‘Stats Service Component NA Sa MURR Wy eS, NA ‘This reaponse reflectsthe individuals’faa “ y‘stalus based on the Active ‘Status Deto om ay oe Ra. VET ee 2h. Lon ActiveDuty Within 387 Days of Active Duty Stotum Dato’ ‘Active Disty Start Date as “Active Duty End Dato, ‘Status ‘Servige Component 2 is NA EE = ee No NA This response reflects Iva eh athe diy ‘387 days precedifg the, ‘Duty Status Date Te ¥ hn ak ee oe “enshap fod Future Giup tw Acie Busy on Aetve Buy Sa Date. if "Th Morbor or fer Unit Woea TF Ord Notification Start Dete = Order Notification End Dato Status ‘Service Component NAS: SS SEs ENO This response reflacts whether the isfher-unit has recelvad éérly notfesticn to report for active duty See aes GL = Upon searching the data banks of the Department of Defanse Manpower Data Canter; | Based ‘on the Information that you provided, the above is the status of the Individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes Information on a Servicemember or his/her unit receiving notification of future orders to raport for Active Duty, ‘Sam Yousefzadeh, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Alexandria, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting Systém (DEERS) database which Is the official source of data on eligibility for military medical care and other ellgibllity systems. ‘The DoD strongly supports the enforcement of the Sorvicamembers Civil Rellef Act (50 USG App. § 3901 at seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief 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 arror rate. In the evant 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 otharwise entitled to the protections of the SCRA, you are strongly encouraged to obtain furthar verification of the person's status by contacting that person's Service, Service contact information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scraM#/fags. If you have avidence the person ‘was on active duty for the active duty status data and you fall to oblain this additional Service verification, punitive provisions 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 ddys preceding the Active Duty Status Date (3) Whether the individual or his/her unit recelved early notification te 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 active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by tha President or the Secretary 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 against an authorized mobilization position in the unit they support, This Includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Resarve (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 tha SCRA Is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordanca with 10 USC § 101(d)(1). Many times orders are amanded to extend the period of active duty, which would extend SCRA protections. Persons seaking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amanded to extend the Inclusive dates of service, Furthermora, 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 begun active duty or actually reported for induction, The Last Data on Active Duty entry is important because a number of protections of the SCRA extend beyond tha last dates of activa duty, ‘Those who could rely on this certificate are urged to seek qualified legal counsel fo ensure that all rights guaranteed to Servica members under the SCRA are protected . WARNING: This certificate was provided based on a last name, SSN/dats of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate ta ba provided. —= ee trig Office Leasin, | MADE SIMI aig LEASE AGREEMENT Between TRIANGLE PARK, LLC As Lessor, and MARLON D. WALKER As Lessee Ln FF: Hs 2 eae (ye) Doc ID: 472d711975d91¢7¢8996421c7a2c8a76046282b5, LEASE AGREEMENT 08 / 31 / 2023 is made by and between TRIANGLE 4. PARTIES. This Lease dated PARK, LLC (herein called "Lessor’) with offices at 33 North Third Street, Columbus, Ohio 43215, and MARLON D, WALKER (herein called "Lessee"). 2. PREMISES. Lessor doss hereby lease to Lessee certain space (Premises), known as Suite 603 (as shown on attached Exhibit A), in Triangle Office Park, Cincinnati, Ohio. Said Lease is subject to the terms, covenants and conditions herein set forth and the Lessee covenants as a material part of the consideration for this Lease to keep and perform each and all of the said terms, covenants and conditions by it to be kept and performed. 3. TERM. The Term of this Lease shall be for three (3) years commencing September 1, 2023 and ending August 31, 2026. It is agreed that this Lease shall continue thereafter for an additional term of the same length as the preceding term on the same terms and conditions, except that the monthly rent shall be either increased by five (5) percent over that amaunt 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 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 September 1, 2023 to and including August 31, 2026, $400.00 per month je 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" 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) 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 Gredit Score Premium In the event that Lessee and/or its Guarantors) 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 hereunder is currently $40.00. Lessee and/or its Guarantor(s) shall have the right to make application once per calendar year to have Lessor review the current credit score of Lessee and/or its Guarantor(s). In the event the credit score is above 600 at the time of application, this premium shall no longer be required. In the event that Lessor finds that Lessee and /or its Guarantor(s) credit score drops below 600, this premium shall be applied and/or reinstated. All applications shall be made in writing to Lessor in accord with the Notice provision hereunder and all approvals from Lessor shall be made in writing to Lessee. 5, FINANCE CHARGE. All unpaid rent and non-rent invoices shall accrue a finance charge per month. 6, SECURITY DEPOSIT. Upon execution of this Lease, Lessee shall immediately deposit with Lessor the sum of One Thousand Six Hundred Doltars ($1,800.00), 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 Lessor, in the event of Lessee's default, to any damage suffered by Lessoras 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 2 OFFICE LEASING MADE SIMPLED Doe ID: 472d7 11975d91¢768996421c7a2c9a76b46282b5, any report(s) and information concerning 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: $30.00 Insurance: $35.00 Operating Expense: $21.00 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 within the health & beauty Industry and shall not use or permit the Premises to be used for any other purpose without the prior written consent of Lessor, In the event that Lessee utilized any portion of the Premises or the Building in which the Premises are a part, in a manner objectionable to Lessor, Lessor shall have the right to terminate this Lease by delivering written notice to Lessee. 9. COMPLIANCE WITH LAW. Lessee shall not use or permit the Premises to be used, for any purpose which will in any way conflict with any law, statute, ordinance, rule or regulation of any duly constituted authority, or which will, in Lessor’s opinion, adversely affect the rentability or reputation of the Building. 10. ALTERATIONS AND ADDITIONS. Lessee shall not make any alterations, additions or Improvements to the Premises or any part thereof without the written consent of Lessor. 11, REPAIRS ‘a, 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. 44b. Lessor shall maintain and repair the structural portions of the Building, all common areas of the Building, and the alr 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. 42. 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. 43, 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 feat 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 fram Premises to other space of substantially the same size and rent in the Building. Lesser 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. 46. 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. : OFFICE LEASING MADE SIMPLES Doc ID: 4724711975084 }c7c8996421¢7a2c0a7 654628205, 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 iabi ies, judgments, costs, damages, and expenses by reason of property damage or personal injury 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 avery 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 ang 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 pérsons 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 Liabifity Insurance and Property Insurance policies and certificates of such coverages. Such policy or policies shall bear an endorsement to the effect that the Insurer shall not cancel or modify the same without at least fifteen (15) days prior written notice to the Lessor. If Lessee shall fail to procure and maintain said insurance, Lessor may, but shall not be required to, procure and maintain same, but at the 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. 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 Lessors judgement. Janitorial service can be provided to Premises upon request of Lessee. 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 said 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: $38.50 Heat: $17.50 Water: $20.00 The monthly estimates shall increase by three (3) percent on January 1 of each calendar year. 19, RULES AND REGULATIONS. Lessee shall faithfully cbserve and comply with all rules and regulations that Lessor shall from time to time promulgate and are currently as follows: A. Lessee agrees that it, Its employees, agents, patrons and invitees, will not: 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 Bullding, or result in any increased premium for such insurance; or permit any objectionable odors to emanate from Premises. 6. Disturb or interfere with the other occupants of Building by any means orin any way. 7. Place additional locks or bolts on doors or windows or change existing locks or bolts or the mechanism thereof. OFFICE LEASING MADE SIMPLES Doc ID: 472d711975d91¢7c 8996421 c7 a2cSa? Gb46262b5, 8, Move furniture, equipment, or supplies into or out of Premises, without the prior written consent of Lessor. 9. Advertise in any way which, in Lessor’s opinion, tends to impair the reputation of Building or its desirability as an office building. B. Lessee shail limit any claim resulting from or in any way attributable to this lease, or other acts of Lessor, to an amount not to exceed ten percent (10%) of the rent received by Lessor from Lessee. Lessor may at any time, place on or about the Premises any ordinary “For Lease” signs; and within six (6) months prior to the date of the expiration of this Lease, Lessor or its agents shal! have the right to enter the Premises at all reasonable times for the purpose of exhibiting the Premises to prospective Lessees. The Building is a smoke-free Building. Smoking is strictly prohibited within the Building. Smoking shall only be allowed In areas designated as a smoking area by Lessor. Lessee and its employees, representatives, contractors or invitees shall not smoke within the Building-or throw cigar or cigarette butts or other substances or litter of any kind in or about the 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. Lessee will see that all doors are securely locked, water faucets, electric lights and electric machinery are turned off before leaving the Building. The costs of removal or repair of any clogs of any drains that Lessor deems are a rasult of an accumulation of hair or beauty products shall be charged to the account of Lessee and Lessee shall promptly reimburse Lessor for the same. Lessor strongly recommends that Lessee purchase odorless, non-chemical nail products for use in the Premises. If Lessee does not wish to utilize odorless products, Lessor requires that Lessee provide and install an air purifier. These portable units can be set directly on a nail tech station. Lessee shall install and maintain both a drain strainer in the sink and a hair drain trap under the sink on all sinks in the Premises. Both are required to be cleaned dally at the end of each day. 20. HOLDING OVER. Any holding over after the expiration of the term hereof shall be construed as @ 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. 24. 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 Pramises. 22, RECONSTRUCTION. In the event the Premises, or the Building of which the Premises are a part, are damaged by fire or other perils Lessor shall have the option; (1) to repair or restore such damage, this Lease continuing in full force and effect, but the rent to be reduced tn proportion to the damage to the Premises, or (2) give notice to Lessee at any time within (60) days after such damage terminating this Lease as of the date specified in such notice, which date shall be no less than thirty (30) and no more than sixty (60) days after the giving of such notice. 23. DEFAULT. The occurrence of any one of the following events shall constitute a default and breach of this Lease by Lessee. 23a. ‘The vacating or abandonment of the Premises by Lessee. 23b. The failure by Lessee to pay when due the rent or any other payment. 23c. The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease. 23d. The making by Lessee of any general assignment or general arrangement for the benefit of creditors, or the filing by or against Lessee of a petition to have Lessee adjudged bankrupt, or a petition for reorganization under any law relating to bankruptcy. 24. REMEDIES IN DEFAULT. In the event of default by Lessee, Lessor may: 24a, Enter the Premises, with or without legal process, and again possess and enjoy the same as if this Lease had not been made, and the entire amount of unpaid rent due or thereafter to become due hereunder shall, without further notice or other action on the part of Lessor, accelerate and immediately become due and payable. 24b. Terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. 24c. Maintain Lessee's right to possession, in which case this Lease shall continue in effect. 24d. Lessor has no duty to attempt to mitigate any damages resulting from Lessee’s failure to observe or perform any of the terms, covenants and conditions of this Lease. Legal costs and OFFICE LEASING MADE SIMPLEO Doc ID: 472071197509 1c7c89964210782c9a76b46282b5 expenses to the Lessor as a result of any default by the Lessee at the time of default shall be charged to Lessee’s account in the amount of $1,800.00. 25, EMINENT DOMAIN. If any portion of the Building of which the Pramises are a part shall be taken or appropriated by any public or quasi-public authority under the power of eminent domain, Lessor shall have the right, at its option, to terminate this Lease, and Lessor shall be entitled to any and all income, rent or award of any kind which may be paid or made, and Lessee shall have no claim against Lessor for the value of any unexpired term of this ease. 26. NOTICES. All notices to be given by either party to the other hereunder shall be In writing. Notices to the Lessee shall be sent by United States mail, postage prepaid, addressed to the Lessee at the Premises, or to such other place as Lessee may from time to time designate. Notices to the Lessor shall be sent by United States mail, postage prepaid, addressed to the Lessor at Triangle Park, LLC, 33 N. Third Street, Suite 500, Columbus, OH 43215-3590, or fo 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 suffictent 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 eslate brokeror 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 ownerof 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 indirectly for any damage or inconvenience caused by suspension or interruption of any utility or of any service furnished by Lessor or others. No such loss or damage or inconvenience shall save to evict the Lessee providing Lessor uses ordinary diligence to restore said service. Lessee shall be responsible for the maintenance and repair off all telephone and/or other communication lines or cables serving the Premises, whether existing or installed for Lessee, and Lessor shall not ba liable for any loss, damage, or inconvenience caused by the interruption or suspension of service through said lines or cables. 29, SUBORDINATION. This Lease and any changes or amendments hereto or of any renewals or extensions hereof is subject and subordinate to all underlying Leases and mortgages which may now or hereafter affect Premisas or Bullding. 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 September 1, 2023, Lessor shall promptly schedule the following alterations: . Install lessee-provided sink. 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 elther 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 shali be relieved of the responsibility of completing those alterations. In the event that the Lessor's alterations outlined above are not in Lessor's opinion substantially completed prior to the commencement date of this lease, Lessee's recourse shall be to have the right 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 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 reasons thereof in writing to Lessee. Me WAIVER OF THE RIGHT TO TRIAL BY JURY. Lessor and Lessee hereby knowingly and intentionally waive the right to trial by jury in any action or proceeding that Lessor or Lessee may 6 OFEICE LEASING MADE SIMPLED Dog ID: 472d711975d9 1070899642167 a2c9a7 6b46282b5 Lease hereinafter institute against each other with respect to any matter arising out of or related to this or the Leased Premises. ENTIRE AGREEMENT. ‘his Lease contains the entire agreement of the parties and no 32. embodies herein, or Incorporated herein by representations or agreements, oral or written, not references, shall be of any force or effect. 33. CONFESSION OF JUDGMENT. Lessee hereby irrevocably authorize and empower any attomey-atlaw, inet luding an attomey hired by Lessor, to appear in any court of record and to confess judgment against Lessee for the unpald amount of this Lease Agreement as evidenced by an affidavit and signed by an officer of Lessor setting forth the amount then due, alttomey's fees plus costs of sult, 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 attomey. Lessee waives the right to any stay of execution and the benefit of all exemption laws now or be hereafter in effect, No single exercise of the foregoing warrant and power to confess judgment will deemed to exhaust the power, whether or not any such exercise shall be held by any court to ba invalid, voldable, or void; but the power wil! continue undiminished and may be exercised from tima to time as Lessor may elect untll all amounts owing on this Lease Agreement have been paid in full. Lessee waive any conflict of interest that an attorney hired by Lessor may have in acting on behalf of Lessee in confessing judgment against Lessee which such attorney is retained by Lessor. Lessee expressly consents to such attornay acting for Lessee in confessing judgment. 34. PARKING. Lessor hereby grants to Lessee the right to use parking spaces at no charge on a non- exclusive basis in common with other Lessees of the Building. 35, SIGNAGE, Lessor shall, at Lessor's expense, Install signage identifying Lessee's occupancy. Signage shall meet Lessor's standard specification for Lessee signage, in order to provide harmony of the Building as to the exterior and interior appearances. 36. ESTOPPEL CERTIFICATE. Lessee shall, at any time upon not less than ten (10) days’ prior written notice from Lessor, execute, acknowledge and deliver to Lessor a statement tn writing: (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified, is in full force and effect) and the date to which rent and other charges are paid in advance, if any; and (ii) acknowledging that there are no uncured defaults on the part of Lessor hereunder, or specifying such defaults if any are claimed. Such statement shall be in a form as Lessor, purchaseror mortgagee shall require. Any such statement may be conclusively relied upon by any prospective purchaser cr mortgagee of the Premises. Failure to deliver such statement in sald ten (10) day period is a material default hereunder. 37. PATRIOT ACT. Each of Lessor and Lessee, each as to itself, hereby represents its compliance with all applicable anti-money laundering laws, including, without imitation, the USA patriot Act, and the laws administered by the United States Treasury Department's Office of Foreign Assets Control, including, without limitation, Executive Order 13224 (“Executive Order’). Each of Lessor and Lessee further represent (i) that itis not, and It is not owned or controlled directly or indirectly by any person or entity, on the SDN List published by the United States Treasury Department's Office of Foreign Assets Control, and (ii) that it is not a person otherwise identified by government or lagal authority as a person with whom a U.S. Person is prohibited from transacting bu