SUBLEASE AGREEMENT
This lease made this 5th day of July, 1995, by and between Insurance Company of
Ohio, herein called "Lessor" and Tom Witkowski, herein called "Lessee".
This sublease agreement refers to the attached lease dated September 16,1993, by
and between Engwiller Properties, Inc., and Insurance Company of Ohio ("Original
Lease").
PREMISES 1. Lessee hereby leases to Lessor, and Lessor hereby leases
from Lessee, the premises at 105-109 North Main St. (Suite
205, Second Floor), Mansfield Ohio, the leased premises
described in paragraph two under section 1. PREMISES, of
Original Lease.
TERM 2. The term of this lease shall be for eighteen (18) months
commencing on or before August 1, 1995.
RENT 3. (a) Lessor shall pay monthly rent of Five Hundred Dollars
($500) on or before the first day of each month during the
lease term. Rent received later than the 7th day of the
month due will be increased by 10 percent.
3. (b) Lessor shall pay a Common Area Charge of One Hundred
Thirty-Five Dollars and Seventy-One Cents ($135.71) per
month payable on or before the first day of each month
during the least term. Payment received later than the
7th day of the month due will be increased by 10 percent.
3. (c) Tenant shall pay a deposit to Lessor before the
commencement of the lease term equivalent to the rent for
one month, which deposit shall be used to secure the
performance of Lessee under the lease. The deposit may
not be used by Lessee as a substitute for any portion of
the rental obligation and shall be returned to Lessee at
the end of the lease term, less deductions, if any, on
account of violation of any provision of the lease.
3. (d) Parking will be added to the base rent charge at the
rate of $20.00 per month, per space reserved.
SPECIAL 4. Refer to section 4. SPECIAL PROVISION of Original Lease
PROVISION replacing "Tenant" with "Lessee".
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UTILITIES 5. The parties agree to furnish and pay utilities and real
AND REAL estate taxes indicated below and as may be referred to in
ESTATE TAXES subsequent provisions of the lease.
(a)Heat, by Lessee.
(b)Electricity, by Lessee.
(c)Water and sewer, by Lessee.
(d)Telephone, by Lessee.
(e)Real estate taxes and assessments, by Lessee.
(f)Fire and extended coverage insurance as to the
building, by Landlord.
(g)Fire and extended coverage insurance as to the
contents of the building and liability by the
Lessee.
(h)Security system monitoring fee due for 1996, by
Lessee.
Refer to last paragraph, section 5. UTILITIES and REAL ESTATE
TAXES of Original Lease replacing "Tenant" with "Lessee".
USE 6. Refer to section 6. USE of Original Lease replacig
"Tenant" with "Lessee".
SIGNS 7. Lessee may install such signs and window lettering as may
reasonably be necessary to Lessee's business, provided
they comply with all local ordinances and are reasonable
in size and attractive in appearance and are subject to
other restrictions, if any, contained in the lease. All
signage is subject to Landlord's approval. Drawings and
color scheme to be submitted to Landlord for approval
prior to fabrication of sign.
NOTICES 8. Notices and payments to the Lessor shall be addressed to
Lessor at P.O. Box 3500, Red Wing, MN 55066. All notices
to Lessee shall be addressed to: Tom Witkowski, 105 North
Main Street, Suite 205, Mansfield, OH 44902.
SURRENDER 9. Refer to section 9. SURRENDER of Original Lease agreement
replacing "Tenant" with "Lessee" and "Landlord" with
"Lessor".
ASSIGNMENT 10. Lessee may not assign this lease or sublet all or part of
the premises.
LESSOR'S 11. Lessor may terminate this lease and take possession of the
REMEDIES premises without waiving any rights which they may have at
law, without further notice following either of these
events: (a) That Lessee fails to pay the rent due under
this lease within 15 days following written notice of
default; (b) That Lessee fails to commence the
correction of any other violation of its covenants within
15 days after written notice, or having commenced to
correct the same, should fail to carry the same to
conclusion with due diligence; (c) That Lessee makes an
assignment for the benefit of creditors or is adjudicated
a bankrupt.
LESSEE'S 12. In the event the Lessor is in default under this lease and
REMEDIES shall fail to commence to correct such default within 15
days after receiving notice of such default from Lessor,
Lessee may, at its option, correct the default on the
account of the Lessor and make appropriate reduction in
rent payments if expenses are incurred by Lessee in
correcting the default.
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REPAIRS 13. Refer to section 13. REPAIRS of Original Lease replacing
"Tenant" with "Lessee" and "Landlord" with "Lessor".
RESTORATION 14. Refer to section 14. RESTORATION of Original Lease
replacing "Tenant" with "Lessee" and "Landlord" with
"Lessor".
ENTRY 15. (a) Refer to section 15. ENTRY of Original Lease
replacing "Tenant" with "Lessee".
(b) Upon 24 hour verbal notice to the Lessee, the
Landlord may show the facility to prospective tenants.
HOLDOVER 16. This lease does not contain a holdover clause.
QUIET 17. Refer to section 17. QUIET ENJOYMENT of Original Lease
ENJOYMENT replacing"Tenant" with "Lessee".
ALTERATIONS 18. (a) Refer to section 18. ALTERATIONS of Original Lease
replacing "Tenant" with "Lessee".
(b) All partitions must be freestanding in nature.
Physical attachment to the floor, walls, or ceilings are
not permitted.
INSURANCE 19. Refer to section 19. INSURANCE and INDEMNIFICATION of
AND Original Lease replacing "Tenant" with "Lessee".
INDEMNIFICATION
EMINENT 20. Refer to section 20. EMINENT DOMAIN of Original Lease
DOMAIN replacing "Tenant"with "Lessee".
MORTGAGES 21. Refer to section 21. MORTGAGES SUBORDINATION of Original
SUBORDINATION Lease replacig "Tenant" with "Lessee".
COMMUNITY 22. Upon one week prior written notice, the Landlord may
BETTERMENT exercise its right to use the balcony area for functions
contributing to the betterment of the community and
historic district. The Landlord is held liable for any
property damage or legal liability resulting from its use
of the facility.
SUCCESSION 23. This lease shall benefit and be binding upon the Lessor
and Lessee and their respective heirs, representatives,
successors and assigns.
MEMORANDUM 24. Upon request of either party, the parties shall execute a
memorandum of lease suitable for recording, which shall be
recorded in Richland County, Ohio, by either party.
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IN WITNESS WHEREOF, this lease has been duly executed as of the first date above
written.
In presence of:
/s/ Cheryl R. Johnson INSURANCE COMPANY OF OHIO
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/s/ Anita Gadient By /s/ Cheri S. Anderson
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LESSOR
TOM WITKOWSKI
By /s/ Tom Witkowski
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LESSEE
STATE of OHIO
COUNTY OF RICHLAND, SS:
Before me a Notary Public in and for said County and State, personally appeared
Tom Witkowski, of Witkowski & Associates, who acknowledged that he signed the
foregoing instrument and the fully authorized officer of said Business and that
the same is his free act and deed as such officer and the free act and deed of
said Business.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Mansfield,
Ohio, this 31st day of July , 1995.
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By /s/ Nancy A. Shutt
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Notary Public
STATE of MINNESOTA
COUNTY OF GOODHUE, SS:
Before me a Notary Public in and for said County and State, personally appeared
Cheri S. Anderson, of Insurance Company of Ohio, who acknowledged that she
signed the foregoing instrument and the fully authorized officer of Insurance
Company of Ohio and that the same is her free act and deed as such officer and
the free act and deed of said Business.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Red Wing,
Minnesota, this 26th day of July , 1995.
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By /s/ Mary B. Plein
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Notary Public
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