Preview
BUR-L-000420-24 02/29/2024 5:52:37 PM Pg1lof56 Trans ID: LCV2024550753
Appendix XTI-B1
i
CIVIL CASE INFORMATION STATEMENT PAYMENT TYPE Lick Lice Lica
SSon
ZN RCHtot
Le, RB
(CIS) CHG/CK NO.
Bey ZS aXe, z\5 Use for initial Law Division AMOUNT:
a
Ip Civil Part pleadings (not motions) under Rule 4:5-1
rs we Pleading will be rejected for filing, under Rule 1:5-6(c), OVERPAYMENT:
“eS
ao" if information above the black bar is not completed
or attorney’s signature is not affixed BATCH NUMBER:
ATTORNEY / PRO SE NAME TELEPHONE NUMBER: COUNTY OF VENUE
Peter A. Lesser, Esquire (215) 864-9700 Burlington
FIRM NAME. (if applicable) DOCKET NUMBER (when available)
Sirlin Lesser & Benson, PC.
OFFICE ADDRESS DOCUMENT TYPE
123 S. Broad Street, Suite 2100, Philadelphia, PA 19109 Complaint
JURY DEMAND D Yes Hino
NAME OF PARTY (e.g., John Doe, Plaintiff) CAPTION
Medford Owner LLC, et al, Plaintiffs Medford Owner LLC, Medford TIC Il Owner LLC and Medford TIC III
Owner LLC By Its Agent: Velocity Venture Partners LLC v. Invision Sign
L.L.C.
CASE TYPE NUMBER HURRICANE SANDY
(See reverse side for listing) RELATED? IS THIS A PROFESSIONAL MALPRACTICE CASE? O Yes HM No
0 Yes Hno IF YOU HAVE CHECKED “YES,” SEE N.J.S.A. 2A:53 A -27 AND APPLICABLE CASE LAW
599 REGARDING YOUR OBLIGATION TO FILE AN AFFIDAVIT OF MERIT.
RELATED CASES PENDING? IF YES, LIST DOCKET NUMBERS.
O Yes No
DO YOU ANTICIPATE ADDING ANY PARTIES NAME OF DEFENDANT'S PRIMARY INSURANCE COMPANY (if known)
(arising out of same transaction or occurrence)? NONE
O Yes No HB Unknown
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
DO PARTIES HAVE A CURRENT, PAST OR IF YES, IS THAT RELATIONSHIP:
RECURRENT RELATIONSHIP? (1 EMPLoYER/EMPLOYEE FRIEND/NEIGHBOR II OOTHER (explain)
I Yes 0 No O Famiuat C1 Business Landlord Tenant
DOES THE STATUTE GOVERNING THIS CASE PROVIDE FOR PAYMENT OF FEES BY THE LOSING PARTY? O Yes 1 No
USE THIS SPACE TO ALERT THE COURT TO ANY SPECIAL CASE CHARACTERISTICS THAT MAY WARRANT INDIVIDUAL MANAGEMENT OR
ACCELERATED DISPOSITION
Do YOU OR YOUR CLIENT NEED ANY DISABILITY ACCOMMODATIONS? IF YES, PLEASE IDENTIFY THE REQUESTED ACCOMMODATION
é& O Yes HI No
WILL AN INTERPRETER BE NEEDED? IF YES, FOR WHAT LANGUAGE?
O Yes HE No
I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be
redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).
ATTORNEY SIGNATURE: Se for A Serer
Effective 10/01/2016, CN 10517 page 1 of2
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gs$fiot Cae CIVIL CASE INFORMATION STATEMENT
& ee (CIS
® “2 Use for initial pleadings (not motions) under Rule 4:5-1
re
ee
CASE TYPES (Choose one and enter number of case type in appropriate space on the reverse side.)
Track | - 150 days’ discovery
151 NAME CHANGE
175 FORFEITURE
302 TENANCY
399 REAL PROPERTY (other than Tenancy, Contract, Condemnation, Complex Commercial or Construction)
502 BOOK ACCOUNT (debt collection matters only)
505 OTHER INSURANCE CLAIM (including declaratory judgment actions)
506 PIP COVERAGE
510 UM or UIM CLAIM (coverage issues only)
511 ACTION ON NEGOTIABLE INSTRUMENT
512 LEMON LAW
801 SUMMARY ACTION
802 OPEN PUBLIC RECORDS ACT (summary action)
999 OTHER (briefly describe nature of action)
Track II - 300 days' discovery
305 CONSTRUCTION
609 EMPLOYMENT (other than CEPA or LAD)
599 CONTRACT/COMMERCIAL TRANSACTION
603N AUTO NEGLIGENCE — PERSONAL INJURY (non-verbal threshold)
603Y AUTO NEGLIGENCE — PERSONAL INJURY (verbal threshold)
605 PERSONAL INJURY
610 AUTO NEGLIGENCE - PROPERTY DAMAGE
621 UM or UIM CLAIM (includes bodily injury)
699 TORT - OTHER
Track Ill - 450 days’ discovery
005 CIVIL RIGHTS
301 CONDEMNATION
602 ASSAULT AND BATTERY
604 MEDICAL MALPRACTICE
606 PRODUCT LIABILITY
607 PROFESSIONAL MALPRACTICE
608 TOXIC TORT
609 DEFAMATION
616 WHISTLEBLOWER / CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA) CASES
617 INVERSE CONDEMNATION
618 LAW AGAINST DISCRIMINATION (LAD) CASES.
Track IV - Active Case Management by Individual Judge / 450 days‘ discovery
156 ENVIRONMENTAL/ENVIRONMENTAL COVERAGE LITIGATION
303 MT. LAUREL.
508 COMPLEX COMMERCIAL
513 COMPLEX CONSTRUCTION
514 INSURANCE FRAUD
620 FALSE CLAIMS ACT
701 \CTIONS IN LIEU OF PREROGATIVE WRITS
Multicounty Litigation (Track IV)
271 ACCUTANE/ISOTRETINOIN 292 PELVIC MESH/BARD
274 RISPERDAL/SEROQUEL/ZYPREXA 293 DEPUY ASR HIP IMPLANT LITIGATION
281 BRISTOL-MYERS SQUIBB ENVIRONMENTAL 295 ALLODERM REGENERATIVE TISSUE MATRIX
282 FOSAMAX 296 STRYKER REJUVENATE/ABG Il MODULAR HIP STEM COMPONENTS
285 STRYKER TRIDENT HIP IMPLANTS 297 MIRENA CONTRACEPTIVE DEVICE
286 LEVAQUIN 299 OLMESARTAN MEDOXOMIL MEDICATIONS/BENICAR
287 YAZ/YASMIN/OCELLA 300 TALC-BASED BODY POWDERS
289 REGLAN ASBESTOS
290 POMPTON LAKES ENVIRONMENTAL LITIGATION 623 PROPECIA
291 PELVIC MESH/GYNECARE,
If you believe this case requires a track other than that provided above, please indicate the reason on Side 1,
in the space under "Case Characteristics.
Please check off each applicable category [| Putative Class Action O Title 59
Effective 10/01/2016, CN 10517 page 2 of 2
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SIRLIN LESSER & BENSON, P.C.
By: Peter A. Lesser, Esquire
Identification No.: 046861990
123 S. Broad Street, Suite 2100
Philadelphia, PA 19109
(215) 864-9700 Attorney for Plaintiff
MEDFORD OWNER LLC, MEDFORD TIC: SUPERIOR COURT OF NEW JERSEY
TI OWNER LLC and MEDFORD TIC IIT LAW DIVISION
OWNER LLC By Its Agent: Velocity Venture:
Partners LLC : BURLINGTON COUNTY
1 Belmont Avenue, Suite 520
Bala Cynwyd, PA 19004
V. No.
INVISION SIGN L.L.C.
310 Miller Road COMPLAINT FOR MONEY DAMAGES
Medford, NJ 08055
Plaintiffs, MEDFORD OWNER LLC, MEDFORD TIC IT OWNER LLC and
MEDFORD TIC III OWNER LLC by their agent Velocity Venture Partners LLC, through its
attorney, Sirlin Lesser & Benson, P.C., sets forth the following causes of action.
1 Plaintiffs are MEDFORD OWNER LLC, MEDFORD TIC IT OWNER LLC
and MEDFORD TIC III OWNER LLC, each of which are Delaware limited liability companies
(collectively, “Plaintiff’). Plaintiff's managing agent is Velocity Venture Partners LLC located at 1
Belmont Avenue, Suite 520, Bala Cynwyd, PA 19004. Plaintiff is the owner of real property
known as 310 Miller Road, Medford, NJ 08055.
2 Defendant is INVISION SIGN L.L.C., a New Jersey limited liability
company with a business address of 310 Miller Road, Medford, NJ 08055.
3 On or about August 14, 2023, Plaintiff and Defendant entered into a Lease
Agreement (the “Lease”) for the rental of approximately 3,175 square feet of commercial space
at the premises located at 310 Miller Road, Medford, NJ 08055 for a term of thirty-six (36)
months which is set to expire on August 31, 2026. A true and correct copy of the Lease is
attached hereto as Exhibit "A" and made a part hereof.
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4 Pursuant to the Lease, Defendant is responsible for the payment of
monthly minimum rent and common area maintenance charges of which said charges escalate
through the remaining years of the Lease. Defendant is also responsible for the payment of a late
fee of 5% on unpaid balances as set forth in Section 3.C of the Lease as well as for the payment
of interest.
5 Defendant is in default of the terms of the Lease for failing to pay rent and
proper charges as of February 28, 2024 in the amount of at least $15,750.71. A true and correct
copy of the accounts receivable ledger detailing these unpaid sums is attached hereto as Exhibit "B"
and made a part hereof.
6. By letters dated December 18, 2023 and January 15, 2024, Plaintiff
provided Defendant with written notices of default in accordance with the terms of the Lease.
True and correct copies of said letters are attached hereto as Exhibit "C" and made a part hereof.
7
Despite repeated demand, Defendant has refused and continues to refuse to
cure the defaults.
8 Pursuant to Section 15.B of the Lease, in the event of any litigation between
Landlord and Tenant to enforce or interpret the terms of the Lease, then the non-prevailing party in
such litigation, action or legal proceeding will pay all out-of-pocket expenses actually incurred by
the prevailing party, including court costs and reasonable attorneys’ fees.
9 Pursuant to Section 14.B(3) of the Lease, in the event of default, Defendant
is responsible for the payment of the Accelerated Rent Component for the remainder of the lease
term for the period commencing March 1, 2024 through August 31, 2026, in the amount of
$111,786.43. A true and correct copy of the accelerated rent calculation is attached hereto as
Exhibit “D” and made a part hereof.
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WHEREFORE, Plaintiff demands judgment in its favor and against Defendant,
INVISION SIGN L.L.C., in the sum of $127,537.14 plus additional late fees, attorney’s fees,
interest and costs.
SIRLIN LESSER & BENSON, P.C.
Siler Yo Yosser
By:
PETER A. LESSER, ESQUIRE
Attorney for Plaintiff
CERTIFICATION OF NO OTHER PENDING ACTION
Pursuant to Rule 4:5-1, the undersigned attorney for Plaintiff hereby certifies that the matter
in controversy is not the subject of a pending arbitration proceeding and that no other action or
arbitration proceeding is contemplated.
SIRLIN LESSER & BENSON, P.C.
Siler Yo Yosser
PETER A. LESSER, ESQUIRE
Attorney for Plaintiff
CERTIFICATION OF CONFIDENTIAL PERSONAL IDENTIFIERS
Pursuant to Rule 4:5-1(b)(3), the undersigned attorney for Plaintiff hereby certifies that
personal identifiers have been redacted from documents now submitted to the court, and will be
redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).
SIRLIN LESSER & BENSON, P.C.
Siler Yo Yosser
PETER A. LESSER, ESQUIRE
Attorney for Plaintiff
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DESIGNATION OF TRIAL COUNSEL
PETER A. LESSER, ESQUIRE is hereby designated trial counsel pursuant to R. 4:25-4.
SIRLIN LESSER & BENSON, P.C.
LS
Seles D5Ed
PETER A. LESSER, ESQUIRE
Attorney for Plaintiff
CERTIFICATION
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
SIRLIN LESSER & BENSON, P.C.
Seles Y Sesser
PETER A. LESSER, ESQUIRE
Attorney for Plaintiff
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EXHIBIT “A”
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LEASE AGREEMENT
THIS LEASE AGREEMENT (“Lease”) is dated as of this 14th day of August, 2023 (the “Effective
”), by and between MEDFORD OWNER LLC, a Delaware limited liability company as to a 77.20%
Tenant in Common Interest, MEDFORD TIC II OWNER LLC, a Delaware limited liability company as to a
8.09% Tenant in Common Interest, and MEDFORD TIC II] OWNER LLC, a Delaware limited liability
company, as to a 14.71% Tenant in Common Interest (collectively, “Landlord”), and INVISION SIGN LL.C.
a New Jersey limited liability company (“Tenant”).
In consideration of the mutual covenants and agreements herein contained, Landlord and Tenant,
intending to be legally bound hereby, agree as follows:
i SUMMARY OF TERMS AND CERTAIN DEFINITIONS
A. “Building’ The building designated “310 Miller Road” located on the Property,
which is part of a multi-building complex consisting of an aggregate approximately 67,819 squate feet.
B. “Premises”: The premises comprising an approximately 3,175 rentable square feet of
warehouse/industrial space with ancillary office, identified as Unit 310, in the Building and as more particularly
described on Exhibit “A” attached hereto and made a part hereof. Notwithstanding the foregoing, from time
to time at Landlord’s option and sole cost and expense, Landlord shall have the right to measure and/or re-
measure the Premises, the Building, and any other locations therein. Following any such measurement and/or
ze-measurement, upon Landlord’s request the parties shall execute and deliver (within five (5) days of
Landlord’s request) an amendment to this Lease confirming the re-measured area of the Premises and adjusting
any and all Lease terms and calculations which are based upon the measurement of the Premises and/or the
Building accordingly inchiding, but not limited to, the Minimum Rent and Tenant’s Proportionate Share.
c “Property”: That certain real property, including the Building, having an address of
16 Medford-Evesboro Road, Medford, New Jersey.
D. “Term”: Thirty-six (36) months commencing on the Commencement Date (the
“Initial Term” together with, if applicable, any Renewal Term, collectively being referred to as the “Term”).
E. “Commencement
Date”: The Effective Date. Upon Landlord’s request, the parties
shall execute and deliver (within five (5) days of Landlord’s request) the Memorandum of Commencement
Date in the form and substance attached hereto as Appendix “1”, Tenant shall not record the Memorandum
of Commencement Date or a memorandum or other notice thereof.”
FE. “Rent Commencement Date”: The Commencement Date.
G. “Expiration Date”: 5:00 p.m. Eastern Time on the final day of the month in which
the thirty-sixth (36) month anniversary of the Rent Commencement Date falls, unless earlier terminated in
accordance with the terms of this Lease.
H. ‘Minimum Rent” (subject to adjustment to the extent Landlord elects to re-measure
the Premises and as a result of any such re-measurement, to be reflected in an amendment of this Lease as set
forth in Section 1.B. above):
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Time Period Aggregate Monthly Annual $/RS.F.
Minimum Rent Installment of Increase
Over the Time Minimum Rent Percentage
Period
Commencement Date/
Rent Commencement
Date — 1s Anniversary of $31,749.96 $2,645.83 N/A $10.00
Rent Commencement
Date
1s" to 294 Anniversary of
Rent Commencement $32,702.52 $2,725.21 3.0% $10.30
Date
294 to 34 Anniversary of
Rent Commencement $33,683.52 $2,806.96 3.0% $10.61
Date (Expiration Date)
Tenant shall deliver all payments of Rent to Landlord via electronic portal and/or platform provided by
Landlord. Tenant shall establish a customer account for the electronic portal and/or platform pursuant to
instructions to be provided by Landlord. Tenant shall promptly comply with such directives and, subsequent
to such written direction by Landlord, payments submitted in any other manner may not be credited to Tenant
and/ot may incur late charges.
L “Permitted Use”: Storage and distribution of materials and equipment for sign manufacturing
with ancillary office, and for no other purpose without Landlord’s express written consent in its sole discretion.
«i ”: Subject to Landlord’s review of Tenant’s financials, Three Thousand Five
Hundred and 00/100 Dollars ($3,500.00), which comprises approximately one (1) months average Minimum
Rent and Tenant’s Proportionate Shate of Operating Expenses.
K T 2s Pi ate Share”: 4.68%, which is calculated by dividing the approximate
rentable square footage of the Premises set forth in Section 1.B (aumerator) by the approximate rentable square
footage of the Building set forth in Section 1.A (denominator), subject from time to time to any remeasurement,
if any, as set forth in Section 1.B at Landlord’s sole discretion; provided, however, notwithstanding any
provision to the contrary in this Lease, in the event the rentable square footage of the Premises and/or the
Building increases or decreases during the Term, then Tenant’s Proportionate Share shall be automatically
adjusted accordingly effective on and as of the date of such increase or decrease, without necessity for a written
amendment of this Lease expressly addressing such adjustment. Notwithstanding the foregoing or any
provision of this Lease to the contrary, Tenant hereby acknowledges and agrees that Landlord may in its sole
discretion elect to convert the Property (including Tenant’s Premises) into a commercial condominium in
accordance with applicable law. In such event, this Lease may be adjusted to reflect that Tenant’s Proportionate
Share shall be the equivalent of one hundred percent (100%) with respect to its commercial condominium unit
(including, by way of example and not of limitation, with respect to taxes and insurance), in addition to any
other charges payable in common with other commercial condominium owners in the Property pursuant to
the applicable condominium documents. Tenant agrees to reasonably cooperate with Landlord in connection
with any such conversion, and to promptly execute and deliver upon request any commercially reasonable
documents to effectuate the foregoing (including if required an amendment and/or an amendment and
restatement of this Lease in order to effectuate the foregoing).
L. “R 1 Term”: Subject to the provisions of this Lease including Section 11.A hereof,
Tenant shall have the right to renew this Lease for one (1) additional five (5) year term, upon the same terms
and conditions as forth in this Lease, and provided that Minimum Rent for the commencement year of the
2
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Renewal Term shall be set to fair market value as determined by Landlord and Minimum Rent for each year of
such Renewal Term thereafter shall continue to be increased by three percent (3.0%) annually.
The foregoing summary of terms and certain definitions is incorporated into and made part of the
Lease. If any conflict exists between the summary of terms and certain definitions information and the terms
of the Lease, then the Lease shall control.
2. USE OF THE PREMISES; COMMON AREAS.
A During the Term, the Tenant shall have the exclusive use and occupancy of the Premises.
‘Throughout the Term, Tenant shall continuously occupy and use the Premises solely for the Permitted Use,
and for no other purpose without the prior written consent of the Landlord. The Pxemises shall not be used
in any manner that disturbs, endangers or unreasonably interferes with other tenants of the Property.
B. Landlord, for the Term and subject to the terms and conditions of this Lease and the Rules
and Regulations (as hereinafter defined), leases to Tenant, and Tenant rents from Landlord, the Premises,
together with the non-exclusive right to use the common areas on the Property (collectively the “Common
Areas”). The Common Areas ate those parts of the Property intended for the common use or benefit of the
tenants of the Property, including without limitation, any parking areas, sidewalks, elevators, driveways, lobbies,
hallways, common restrooms, paving, curbs, gutters, common loading areas, landscaped areas, and any utility
pipes and lines serving the Property, if any. Tenant may use and access such Common Areas subject to the
terms of this Lease and the Rules and Regulations. Notwithstanding the foregoing and except as expressly
ptovided by the terms and conditions of this Lease, Tenant shall not use any portion of the Common Areas
for outdoor storage or installations nor for any other use that would interfere with any other tenant or occupant
of the Building’s use of any portion of the Property or the Building including, but not limited to, the Common
Ateas, without the prior written consent of Landlord. Landlord reserves the right in its sole discretion to: (i)
alter, expand and/or reduce the Common Ateas, and (ii) close temporarily any portion of the Common Areas
for any such alteration, expansion and/or reduction.
Cc. If any governmental license or permit (including without limitation a certificate of occupancy)
for the Premises shall be required for the proper and lawful conduct of Tenant’s business in the Premises, then
Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit. In no
event shall Tenant’s failure to procure or maintain such license or permit relieve Tenant from its obligations
under this Lease.
D. Tenant shall comply, at Tenant’s sole cost and expense, (including making any Alterations or
improvements) with all laws (including the Americans with Disabilities Act, as amended, supplemented or
replaced, the “ADA”), ordinances, notices, orders, rules, regulations and requirements (as the same may be
amended, “Applicable Laws”) regulating the Premises during the Term which impose any duty upon Landlord
ot Tenant with respect to Tenant’s use, occupancy, or Alteration of the Premises. In the event Landlord should
convert the Property into a commercial condominium, Tenant acknowledges and affirms that “Applicable
Laws” shall be deemed to include the declaration, master deed, bylaws, rules and regulations, and any other
governing documents of any condominium, planned unit development, or other association to which the
Premises would be subjected.
E. Tenant shall comply at all times with the Rules and Regulations for the Property described on
Exhibit “B” attached hereto (the “Rules and Regulations” and together with Applicable Laws, from time to
time, collectively “Laws and Requirements”), as the same may be revised by Landlord from time to time.
3. MINIMUM RENT.
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A Commencing on the Rent Commencement Date, Tenant shall make monthly payments of
Minimum Rent in equal monthly installments in the amounts set forth in Section 1.H above, in advance, on the
first (1**) day of each calendar month during the Tetm without notice, demand or setoff. In the event that the
Commencement Date does not occur on the 1% day of a month, the Minimum Rent payable with respect to
such partial month shall be prorated based on the number of days in such month. Notwithstanding the
foregoing, Tenant shall pay its first installment of monthly Minimum Rent and Additional Rent concurrently
with the execution of this Lease.
B. All sums payable by Tenant under this Lease, whether or not stated to be Minimum Rent or
additional rent or other charges due hereunder (“Additional Rent”, collectively with Minimum Rent, “Rent”),
shall be collectible by Landlord as Rent, and upon default in payment thereof Landlord shall have the same
tights and remedies as for failure to pay Rent (without prejudice to any other right or remedy available therefor).
All Rent payable by Tenant under this Lease shall be paid, when due, without demand, offset, abatement,
diminution or reduction. For the avoidance of ambiguity, Tenant’s obligation to pay Rent is independent of
Landlord’s covenants hereunder and Tenant shall have no right to withhold any such payment on account of
any alleged failure by Landlord to perform or comply with any of Landlord’s duties or obligations herein.
‘Additional Rent shall include all sums that may become due by reason of Tenant’s failure to comply with any
of the terms, conditions and covenants of the Lease and any and all damages, costs and expenses (including,
without limitation, reasonable attorney fees) that Landlord may suffer ot incur by reason of any default by
Tenant. Without limiting the foregoing, Tenant shall be responsible for all attorneys’ fees incutred by Landlord
in any court proceeding ot in any bankruptcy proceeding relating to the exercise of Landlord’s rights under the
Bankruptcy Code, including, without limitation, Landlord’s rights under Sections 362, 365 and/or 503 of the
Bankruptcy Code.
Cc. If Tenant fails to make any Rent payment to Landlord when due, interest shall immediately
begin to accrue on such unpaid amounts at the rate of five percent (5%) commencing on the due date. In
addition, if Tenant fails to make any Rent payment within five (5) days of when the same is due, a fixed fee
equal to five percent (5%) of all such Rent due but unpaid shall immediately become due (and shall be
consideted part of “Rent”) to reimburse Landlord for its costs and inconvenience incurred as a consequence
of Tenant’s delinquency. If such nonpayment continues for ten (10) ot more days after the same is due, daily
interest shall accrue and Tenant shall thereafter pay interest on such overdue amount at an increased rate based
on the per annum (360 day yeat) rate equal to the sum of (a) such initial five percent (5%) plus (b) four percent
(4%) ower the then Prime Rate as published daily under the heading “Money Rates” in The Wall Street Journal,
unless such aggregate rate be usurious as applied to Tenant, in which case the highest permitted legal rate shall
apply (the “Default Rate”). In the event that The Wall Street Journal is no longer published or ceases to publish
the Prime Rate, Landlord may substitute another publication publishing the Prime Rate reasonably acceptable
to Landlord. In the event that “Prime Rates” are no longer generally published or ate limited, regulated or
administered by 2 governmental ot quasi-governmental body, Landlord may substitute another rate
apptoximating the Prime Rate. Tenant’s obligation to pay Rent (including, but not limited to, any and all late
fees and interest) that has accrued in accordance with the terms and conditions of the Lease shall expressly
survive the expiration or earlier termination of this Lease.
4. OPERATING EXPENSES, TAXES, INSURANCE, AND UTILITY CHARGES.
A OPERATING EXPENSES. Tenant shall pay to Landlord Tenant’s Proportionate Share of
all of the Operating Expenses (as hereinafter defined) for the Property. Tenant shall make such payments in
equal monthly installments in advance on the first (1) day of each month commencing on the Commencement
Date (without abatement). This amount shall be prorated for any partial month, from the Commencement
Date and continuing throughout the Term on the first (1*) day of each calendar month during the Term, as
Additional Rent, without notice, demand or setoff. The amount of Tenant’s Proportionate Share of Operating
Expenses represents Tenant’s Proportionate Share of the estimated Operating Expenses during each calendar
yeat on an annualized basis. From time to time Landlord may adjust such estimated amount if the estimated
4
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Operating Expenses increase. By April 30% of each year (and as soon as practical after the expiration or
termination of this Lease or in the event of a sale of the Property), Landlord shall endeavor to provide Tenant
with a statement of the actual amount of such Operating Expenses for the preceding calendar year or part
thereof and Tenant’s Proportionate Share thereof (the “Operating Expense Statement”). Landlord or Tenant
shall pay to the other the amount of any deficiency or overpayment then due from one to the other within
thirty (30) days of Tenant’s receipt of the Operating Expense Statement or, at Landlord’s option, Landlord may
credit Tenant’s account for any overpayment. Tenant’s obligation to pay the Operating Expenses pursuant to
this Section shall survive the expiration or termination of this Lease.
() “Operating Expenses” shall mean the expenses incurred by Landlord (regardless of
when actually incurred) in connection with items that continue to serve, or actions that continue to benefit, the
Property, for which payment by Landlord continues to be made during the Term, in connection with the
operation, repair, maintenance, protection and management of the Property, including by way of example rather
than of limitation, the following:
a. Levies, taxes (including real estate taxes, sales taxes and gross receipt taxes),
assessments, liens, license and permit fees for the Property which are applicable to the Term, and which ate
imposed by any authority or under any law, ordinance or regulation thereof, or pursuant to any recorded
covenants or agreements, and the reasonable cost of contesting any of the foregoing (collectively,
+ ”;
.
b. Wages, salaries, fees and other compensation and payments, payroll taxes,
conttibutions to any social security, unemployment insurance, welfare, pension or similar fund and payments
for other fringe benefits made to or on behalf of any and all employees of Landlord or its affiliates performing
services rendered in connection with the operation, repair, maintenance, protection and management of the
Property, including, without limitation: window cleaners, porters, miscellaneous handymen; watchmen; persons
engaged in patrolling and protecting the Property; carpentets; engineers; mechanics; electricians; plumbers;
landscapers; insurance tisk managers; building superintendent and assistants; building manager; and clerical and
administrative personnel. Landlord may contract for any of the foregoing to be performed by independent
contractors or affiliates of Landlord in which event all sums paid to such independent contractors ot affiliates
shall be at prevailing competitive rates of reputable independent contactors in the same geographic area as the
Propetty for services similar to that provided by Landlord, and shall be included within Operating Expenses.
If any employee of the Landlord or an affiliate or an independent contractor shall perform services in
connection with the Property on a less than full time basis, then the Landlord shall only include only those
costs of such employee of Landlord, affiliate or independent contractor as may be pro-ratably applicable to the
services performed by such employee;
c The cost of insurance carried by Landlord in connection with the Property
as determined by Landlord from time to time;
d. Cleaning costs for the Property, including the Common Areas, facade,
windows and sidewalks, all costs for rubbish and snow removal and the cost of labor, supplies, equipment and
materials incidental to such cleaning;
e. The cost of heat, water, sewer and all other utility services servicing the
Premises (to the extent not paid by Tenant directly to the provider thereof) and the Building generally;
ff Costs incurred for operation, service, maintenance, inspection, repairs and
alterations of the Property;
& Sales and excise taxes and the like upon any of the expenses enumerated
herein;
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Management fees of the property manager;
‘The cost of tools, equipment, and supplies and any replacement thereof;
The cost of repainting or otherwise redecorating any part of the Property
other than premises demised to of ther tenants;
k. The cost of telephone and courier services, postage and delivery charges,
office supplies, maintenance and repair of office equipment and similar costs;
1 The cost of licenses, permits and similar fees and charges other than such
fees and charges that are incurred in connection solely for another tenant of the Property;
m. Auditing and accounting fees including accounting fees incurred in
connection with the preparation and certification of the Operating Expense Statements;
n. All costs incurred by Landlord to comply with Applicable Laws not in
existence at the time of the execution of this Lease, whether federal, state or municipal, and all repairs,
replacements and improvements which are appropriate for the continued operation of the Property consistent
with other compatable buildings, including capital expenditures as calculated under generally applied accounting
principles consistently applied (“GAAP”);
°. All costs incurred by Landlord reasonably intended to reduce Operating
Expenses applicable to the Property, including without limitation costs associated with the acquisition and
installation of any energy or cost saving devices which result in a net savings of operating expenses;
P. Cost of performing general maintenance services, including, but not limited
to, window-washing, security, landscaping, snow and ice removal setvices, electrical, painting, sprinkler,
plumbing, elevator, heating, ventilation and air conditioning (“HVAC”) maintenance and repair, and all other
items set forth in Section 5.E, and all fees due on account of the same;
4 Legal fees with respect to the Property other than those incurred in the
negotiation of tenant leases or enforcing actions against specific tenants;
ft, Any and all other expenditures of Landlord which are proper business
expenses in accordance with GAAP consistently applied for operation, repair, maintenance, protection and
management of similar warehouse and distribution buildings in the suburban Philadelphia area;
s. Any and all Operating Expenses incurred by Landlord prior to the
Commencement Date; and
t. If Landlord shall purchase any item of capital equipment or make any capital
expenditures (collectively, the “Capital Expenditures”) then the costs for same shall be amortized on a straight
line basis beginning in the year of installation and continuing for the useful life according to GAAP. Tenant
agrees that the determination by Landlord’s accountants of the useful life according to GAAP of the subject of
such Capital Expenditures shall be binding on Tenant. If Landlord shall lease such items of capital equipment,
then the lease shall be included in Operating Expenses for each yeat in which they are incurred.
Notwithstanding the foregoing, if Landlord shall effectuate savings in labor or energy-related costs as a result
of the installation of new devices or equipment, then Landlord may, in lieu of the above, elect to include up to
the full amount of any such savings in each year (beginning with the year in which the equipment is placed in
service) as an Operating Expense until Landlord has recovered thereby the cost of installation of said devices
or equipment and interest thereon as above provided, even if the result of such application will result in the
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amortization of such costs over a period shorter than the useful life of such installation. Landlord shall notify
Tenant in writing if Landlord elects to apply such savings to the cost of such equipment and shall include a
statement of the amount of such savings in the Operating Expense Statement for each applicable year.
Operating Expenses shall thereafter be reduced by the amount of any previous Capital Expenditures included
therein expensed pursuant to this Subsection when such amortization has been completed.
(2) Notwithstanding the foregoing, “Operating Expenses” shall not include expenditures
for any of the following:
a. ‘Any capital addition made to Property, including the cost to prepare space
for occupancy by a new tenant.
b. Repairs or other work occasioned by fire, windstorm or other insured
casualty or hazard, to the extent that Landlord shall receive proceeds of such insurance.
c. Leasing commissions, legal fees and advertising expenses incurred in leasing
or procuring new tenants.
d. Repairs or rebuilding necessitated by condemnation to the extent that
Landlord has received condemnation proceeds for such tepairs or rebuilding.
e. Depreciation and amortization of the Property.
f. ‘The salaries and benefits of executive officers of Landlord, if any.
Debt service payments on any indebtedness applicable to the Property,
including any mortgage debt
h. Fees to finance or refinance any debt with respect to the Property.
i Penalties or fines assessed against the Property and Landlord relating solely
to the Property’s non-compliance with Laws and Requirements prior to the Commencement Date.
} Landlord’s cost of sub-metered electric or other services for which the
Landlord is reimbursed by a tenant.
k. Costs incurred by virtue of a default by Landlord or any other tenant of the
Property under a lease.
1 Costs of any special service provided to any one tenant of the Property (other
than Tenant) but not to tenants of the Property generally.
8) If the Building is less than ninety-five percent (95%) occupied during all or a portion
of any calendar year, Landlord shall make an appropriate adjustment to the variable components of Operating
Expenses for such calendar year as reasonably determined by Landlord employing sound accounting and
management principles, to determine the amount of Operating Expenses that would have been paid had the
Building been ninety-five percent (95%) occupied, and the amount so determined shall be deemed to have been
the amount of Operating Expenses for such calendar year.
B. TAXES AND OTHER IMPOSITIONS.
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Commencing on and as of the Commencement Date, as Additional Rent, Tenant shall pay when due
all taxes imposed upon all personal property of Tenant and Tenant shall pay monthly or otherwise when due,
whether collected by Landlord or collected directly by the governmental agency assessing the same, any taxes
imposed or calculated on Tenant’s Rent including, without limitation, any use and occupancy taxes, if applicable,
whether such taxes exist at the date of the Lease or are adopted hereafter during the Term. Nothing herein
contained shall be interpreted as requiring Tenant to pay any income, excess profits or corporate capital stock
tax imposed o assessed upon Landlord, unless such tax or any similar tax is levied or assessed in lieu ofall or
any part of any Imposition or an increase in any Imposition.
Cc. INSURANCE.
) Tenant will maintain at its sole cost and expense during the Term, the following
insurance:
a. Commercial general liability insurance with a company reasonably acceptable
to Landlord, naming both Tenant and Landlord as insured against claims for personal injury, including bodily
injury, death or ptoperty damage in amounts not less than One Million and 00/100 Dollars ($1,000,000.00) per
occurrence and a general aggregate limit of not less than Two Million and 00/100 Dollars ($2,000,000.00)
(which aggregate limit shall apply separately to each of Tenant's locations if such policies cover more than the
Premises);
b. Fire and extended coverage insurance insuring all of Tenant’s personal
property and trade fixtures and equipment installed or located in the Premises; and
c. Workers Compensation insurance insuring against and satisfying Tenant’s
obligations and liabilities under the worker’s compensation laws of the State of New Jersey.
Q) The foregoing insurance certificates (other than Worker’s Compensation) shall all
have attached thereto an endorsement that such policy shall not be cancelled or materially amended without at
least thirty (30) days prior written notice to Landlord. At Landlord’s request, Tenant shall add Landlord,
Landlord’s Mottgagee (as hereinafter defined), and Landlord’s property manager as an additional insured
and/or loss payees on such policies, as theit interests may appear. The insurer shall be a responsible insurance
cattier reasonably acceptable to Landlord which is authorized to issue such insurance and licensed to do
business in the State of New Jersey which has at all times during the Term a rating of no less than A/VII in the
most current edition of Best’s Insurance Reports. Tenant shall deliver to Landlord on or before the
Commencement Date, and annually on each anniversary thereof or within ten (10) days of written request of
Landlord throughout the Term, a certificate of insurance evidencing such coverage and the waiver of
subrogation described below.
@) Each party hereto hereby waives any and every claim which arises or which may atise
in its favor and against the other party hereto during the Term or any extension or renewal thereof (if any) for
any and all loss of, or damage to, any of its property located within or upon or constituting a part of the Building,
to the extent that such loss or damage is recovered under an insurance policy or policies or would be covered
under an insurance policy required to be maintained by such party pursuant to this Lease (whethet or not
actually maintained). Each party shall cause its insurers to issue policies containing such waiver of subrogation
and/or waiver of claims provisions.
D. UTILITY CHARGES. Beginning on and as of the Commencement Date, Tenant shall pay
for gas, electricity, heat, power, telephone and other communication services and any other utilities, supplied
to or consumed in or on the Premises directly to the provider of such services or, to the extent not separately
metered to the Premises, as determined by Landlord, reimbursed to Landlord based upon Tenant’s usag
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BUR-L-000420-24 02/29/2024 5:52:37 PM Pg1lof56 Trans ID: LCV2024550753 Appendix XTI-B1 i CIVIL CASE INFORMATION STATEMENT PAYMENT TYPE Lick Lice Lica SSon ZN RCHtot Le, RB (CIS) CHG/CK NO. Bey ZS aXe, z\5 Use for initial Law Division AMOUNT: a Ip Civil Part pleadings (not motions) under Rule 4:5-1 rs we Pleading will be rejected for filing, under Rule 1:5-6(c), OVERPAYMENT: “eS ao" if information above the black bar is not completed or attorney’s signature is not affixed BATCH NUMBER: ATTORNEY / PRO SE NAME TELEPHONE NUMBER: COUNTY OF VENUE Peter A. Lesser, Esquire (215) 864-9700 Burlington FIRM NAME. (if applicable) DOCKET NUMBER (when available) Sirlin Lesser & Benson, PC. OFFICE ADDRESS DOCUMENT TYPE 123 S. Broad Street, Suite 2100, Philadelphia, PA 19109 Complaint JURY DEMAND D Yes Hino NAME OF PARTY (e.g., John Doe, Plaintiff) CAPTION Medford Owner LLC, et al, Plaintiffs Medford Owner LLC, Medford TIC Il Owner LLC and Medford TIC III Owner LLC By Its Agent: Velocity Venture Partners LLC v. Invision Sign L.L.C. CASE TYPE NUMBER HURRICANE SANDY (See reverse side for listing) RELATED? IS THIS A PROFESSIONAL MALPRACTICE CASE? O Yes HM No 0 Yes Hno IF YOU HAVE CHECKED “YES,” SEE N.J.S.A. 2A:53 A -27 AND APPLICABLE CASE LAW 599 REGARDING YOUR OBLIGATION TO FILE AN AFFIDAVIT OF MERIT. RELATED CASES PENDING? IF YES, LIST DOCKET NUMBERS. O Yes No DO YOU ANTICIPATE ADDING ANY PARTIES NAME OF DEFENDANT'S PRIMARY INSURANCE COMPANY (if known) (arising out of same transaction or occurrence)? NONE O Yes No HB Unknown CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION DO PARTIES HAVE A CURRENT, PAST OR IF YES, IS THAT RELATIONSHIP: RECURRENT RELATIONSHIP? (1 EMPLoYER/EMPLOYEE FRIEND/NEIGHBOR II OOTHER (explain) I Yes 0 No O Famiuat C1 Business Landlord Tenant DOES THE STATUTE GOVERNING THIS CASE PROVIDE FOR PAYMENT OF FEES BY THE LOSING PARTY? O Yes 1 No USE THIS SPACE TO ALERT THE COURT TO ANY SPECIAL CASE CHARACTERISTICS THAT MAY WARRANT INDIVIDUAL MANAGEMENT OR ACCELERATED DISPOSITION Do YOU OR YOUR CLIENT NEED ANY DISABILITY ACCOMMODATIONS? IF YES, PLEASE IDENTIFY THE REQUESTED ACCOMMODATION é& O Yes HI No WILL AN INTERPRETER BE NEEDED? IF YES, FOR WHAT LANGUAGE? O Yes HE No I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b). ATTORNEY SIGNATURE: Se for A Serer Effective 10/01/2016, CN 10517 page 1 of2 BUR-L-000420-24 02/29/2024 5:52:37 PM Pg2o0f56 Trans ID: LCV2024550753 gs$fiot Cae CIVIL CASE INFORMATION STATEMENT & ee (CIS ® “2 Use for initial pleadings (not motions) under Rule 4:5-1 re ee CASE TYPES (Choose one and enter number of case type in appropriate space on the reverse side.) Track | - 150 days’ discovery 151 NAME CHANGE 175 FORFEITURE 302 TENANCY 399 REAL PROPERTY (other than Tenancy, Contract, Condemnation, Complex Commercial or Construction) 502 BOOK ACCOUNT (debt collection matters only) 505 OTHER INSURANCE CLAIM (including declaratory judgment actions) 506 PIP COVERAGE 510 UM or UIM CLAIM (coverage issues only) 511 ACTION ON NEGOTIABLE INSTRUMENT 512 LEMON LAW 801 SUMMARY ACTION 802 OPEN PUBLIC RECORDS ACT (summary action) 999 OTHER (briefly describe nature of action) Track II - 300 days' discovery 305 CONSTRUCTION 609 EMPLOYMENT (other than CEPA or LAD) 599 CONTRACT/COMMERCIAL TRANSACTION 603N AUTO NEGLIGENCE — PERSONAL INJURY (non-verbal threshold) 603Y AUTO NEGLIGENCE — PERSONAL INJURY (verbal threshold) 605 PERSONAL INJURY 610 AUTO NEGLIGENCE - PROPERTY DAMAGE 621 UM or UIM CLAIM (includes bodily injury) 699 TORT - OTHER Track Ill - 450 days’ discovery 005 CIVIL RIGHTS 301 CONDEMNATION 602 ASSAULT AND BATTERY 604 MEDICAL MALPRACTICE 606 PRODUCT LIABILITY 607 PROFESSIONAL MALPRACTICE 608 TOXIC TORT 609 DEFAMATION 616 WHISTLEBLOWER / CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA) CASES 617 INVERSE CONDEMNATION 618 LAW AGAINST DISCRIMINATION (LAD) CASES. Track IV - Active Case Management by Individual Judge / 450 days‘ discovery 156 ENVIRONMENTAL/ENVIRONMENTAL COVERAGE LITIGATION 303 MT. LAUREL. 508 COMPLEX COMMERCIAL 513 COMPLEX CONSTRUCTION 514 INSURANCE FRAUD 620 FALSE CLAIMS ACT 701 \CTIONS IN LIEU OF PREROGATIVE WRITS Multicounty Litigation (Track IV) 271 ACCUTANE/ISOTRETINOIN 292 PELVIC MESH/BARD 274 RISPERDAL/SEROQUEL/ZYPREXA 293 DEPUY ASR HIP IMPLANT LITIGATION 281 BRISTOL-MYERS SQUIBB ENVIRONMENTAL 295 ALLODERM REGENERATIVE TISSUE MATRIX 282 FOSAMAX 296 STRYKER REJUVENATE/ABG Il MODULAR HIP STEM COMPONENTS 285 STRYKER TRIDENT HIP IMPLANTS 297 MIRENA CONTRACEPTIVE DEVICE 286 LEVAQUIN 299 OLMESARTAN MEDOXOMIL MEDICATIONS/BENICAR 287 YAZ/YASMIN/OCELLA 300 TALC-BASED BODY POWDERS 289 REGLAN ASBESTOS 290 POMPTON LAKES ENVIRONMENTAL LITIGATION 623 PROPECIA 291 PELVIC MESH/GYNECARE, If you believe this case requires a track other than that provided above, please indicate the reason on Side 1, in the space under "Case Characteristics. Please check off each applicable category [| Putative Class Action O Title 59 Effective 10/01/2016, CN 10517 page 2 of 2 BUR-L-000420-24 02/29/2024 5:52:37 PM Pg3o0f56 Trans ID: LCV2024550753 SIRLIN LESSER & BENSON, P.C. By: Peter A. Lesser, Esquire Identification No.: 046861990 123 S. Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Plaintiff MEDFORD OWNER LLC, MEDFORD TIC: SUPERIOR COURT OF NEW JERSEY TI OWNER LLC and MEDFORD TIC IIT LAW DIVISION OWNER LLC By Its Agent: Velocity Venture: Partners LLC : BURLINGTON COUNTY 1 Belmont Avenue, Suite 520 Bala Cynwyd, PA 19004 V. No. INVISION SIGN L.L.C. 310 Miller Road COMPLAINT FOR MONEY DAMAGES Medford, NJ 08055 Plaintiffs, MEDFORD OWNER LLC, MEDFORD TIC IT OWNER LLC and MEDFORD TIC III OWNER LLC by their agent Velocity Venture Partners LLC, through its attorney, Sirlin Lesser & Benson, P.C., sets forth the following causes of action. 1 Plaintiffs are MEDFORD OWNER LLC, MEDFORD TIC IT OWNER LLC and MEDFORD TIC III OWNER LLC, each of which are Delaware limited liability companies (collectively, “Plaintiff’). Plaintiff's managing agent is Velocity Venture Partners LLC located at 1 Belmont Avenue, Suite 520, Bala Cynwyd, PA 19004. Plaintiff is the owner of real property known as 310 Miller Road, Medford, NJ 08055. 2 Defendant is INVISION SIGN L.L.C., a New Jersey limited liability company with a business address of 310 Miller Road, Medford, NJ 08055. 3 On or about August 14, 2023, Plaintiff and Defendant entered into a Lease Agreement (the “Lease”) for the rental of approximately 3,175 square feet of commercial space at the premises located at 310 Miller Road, Medford, NJ 08055 for a term of thirty-six (36) months which is set to expire on August 31, 2026. A true and correct copy of the Lease is attached hereto as Exhibit "A" and made a part hereof. BUR-L-000420-24 02/29/2024 5:52:37 PM Pg4of56 Trans ID: LCV2024550753 4 Pursuant to the Lease, Defendant is responsible for the payment of monthly minimum rent and common area maintenance charges of which said charges escalate through the remaining years of the Lease. Defendant is also responsible for the payment of a late fee of 5% on unpaid balances as set forth in Section 3.C of the Lease as well as for the payment of interest. 5 Defendant is in default of the terms of the Lease for failing to pay rent and proper charges as of February 28, 2024 in the amount of at least $15,750.71. A true and correct copy of the accounts receivable ledger detailing these unpaid sums is attached hereto as Exhibit "B" and made a part hereof. 6. By letters dated December 18, 2023 and January 15, 2024, Plaintiff provided Defendant with written notices of default in accordance with the terms of the Lease. True and correct copies of said letters are attached hereto as Exhibit "C" and made a part hereof. 7 Despite repeated demand, Defendant has refused and continues to refuse to cure the defaults. 8 Pursuant to Section 15.B of the Lease, in the event of any litigation between Landlord and Tenant to enforce or interpret the terms of the Lease, then the non-prevailing party in such litigation, action or legal proceeding will pay all out-of-pocket expenses actually incurred by the prevailing party, including court costs and reasonable attorneys’ fees. 9 Pursuant to Section 14.B(3) of the Lease, in the event of default, Defendant is responsible for the payment of the Accelerated Rent Component for the remainder of the lease term for the period commencing March 1, 2024 through August 31, 2026, in the amount of $111,786.43. A true and correct copy of the accelerated rent calculation is attached hereto as Exhibit “D” and made a part hereof. BUR-L-000420-24 02/29/2024 5:52:37 PM Pg5of56 Trans ID: LCV2024550753 WHEREFORE, Plaintiff demands judgment in its favor and against Defendant, INVISION SIGN L.L.C., in the sum of $127,537.14 plus additional late fees, attorney’s fees, interest and costs. SIRLIN LESSER & BENSON, P.C. Siler Yo Yosser By: PETER A. LESSER, ESQUIRE Attorney for Plaintiff CERTIFICATION OF NO OTHER PENDING ACTION Pursuant to Rule 4:5-1, the undersigned attorney for Plaintiff hereby certifies that the matter in controversy is not the subject of a pending arbitration proceeding and that no other action or arbitration proceeding is contemplated. SIRLIN LESSER & BENSON, P.C. Siler Yo Yosser PETER A. LESSER, ESQUIRE Attorney for Plaintiff CERTIFICATION OF CONFIDENTIAL PERSONAL IDENTIFIERS Pursuant to Rule 4:5-1(b)(3), the undersigned attorney for Plaintiff hereby certifies that personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b). SIRLIN LESSER & BENSON, P.C. Siler Yo Yosser PETER A. LESSER, ESQUIRE Attorney for Plaintiff BUR-L-000420-24 02/29/2024 5:52:37 PM Pg6of56 Trans ID: LCV2024550753 DESIGNATION OF TRIAL COUNSEL PETER A. LESSER, ESQUIRE is hereby designated trial counsel pursuant to R. 4:25-4. SIRLIN LESSER & BENSON, P.C. LS Seles D5Ed PETER A. LESSER, ESQUIRE Attorney for Plaintiff CERTIFICATION I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. SIRLIN LESSER & BENSON, P.C. Seles Y Sesser PETER A. LESSER, ESQUIRE Attorney for Plaintiff BUR-L-000420-24 02/29/2024 5:52:37 PM Pg7of56 Trans ID: LCV2024550753 EXHIBIT “A” BUR-L-000420-24 02/29/2024 5:52:37 PM Pg 8o0f56 Trans ID: LCV2024550753 LEASE AGREEMENT THIS LEASE AGREEMENT (“Lease”) is dated as of this 14th day of August, 2023 (the “Effective ”), by and between MEDFORD OWNER LLC, a Delaware limited liability company as to a 77.20% Tenant in Common Interest, MEDFORD TIC II OWNER LLC, a Delaware limited liability company as to a 8.09% Tenant in Common Interest, and MEDFORD TIC II] OWNER LLC, a Delaware limited liability company, as to a 14.71% Tenant in Common Interest (collectively, “Landlord”), and INVISION SIGN LL.C. a New Jersey limited liability company (“Tenant”). In consideration of the mutual covenants and agreements herein contained, Landlord and Tenant, intending to be legally bound hereby, agree as follows: i SUMMARY OF TERMS AND CERTAIN DEFINITIONS A. “Building’ The building designated “310 Miller Road” located on the Property, which is part of a multi-building complex consisting of an aggregate approximately 67,819 squate feet. B. “Premises”: The premises comprising an approximately 3,175 rentable square feet of warehouse/industrial space with ancillary office, identified as Unit 310, in the Building and as more particularly described on Exhibit “A” attached hereto and made a part hereof. Notwithstanding the foregoing, from time to time at Landlord’s option and sole cost and expense, Landlord shall have the right to measure and/or re- measure the Premises, the Building, and any other locations therein. Following any such measurement and/or ze-measurement, upon Landlord’s request the parties shall execute and deliver (within five (5) days of Landlord’s request) an amendment to this Lease confirming the re-measured area of the Premises and adjusting any and all Lease terms and calculations which are based upon the measurement of the Premises and/or the Building accordingly inchiding, but not limited to, the Minimum Rent and Tenant’s Proportionate Share. c “Property”: That certain real property, including the Building, having an address of 16 Medford-Evesboro Road, Medford, New Jersey. D. “Term”: Thirty-six (36) months commencing on the Commencement Date (the “Initial Term” together with, if applicable, any Renewal Term, collectively being referred to as the “Term”). E. “Commencement Date”: The Effective Date. Upon Landlord’s request, the parties shall execute and deliver (within five (5) days of Landlord’s request) the Memorandum of Commencement Date in the form and substance attached hereto as Appendix “1”, Tenant shall not record the Memorandum of Commencement Date or a memorandum or other notice thereof.” FE. “Rent Commencement Date”: The Commencement Date. G. “Expiration Date”: 5:00 p.m. Eastern Time on the final day of the month in which the thirty-sixth (36) month anniversary of the Rent Commencement Date falls, unless earlier terminated in accordance with the terms of this Lease. H. ‘Minimum Rent” (subject to adjustment to the extent Landlord elects to re-measure the Premises and as a result of any such re-measurement, to be reflected in an amendment of this Lease as set forth in Section 1.B. above): BUR-L-000420-24 02/29/2024 5:52:37 PM Pg9of56 Trans ID: LCV2024550753 Time Period Aggregate Monthly Annual $/RS.F. Minimum Rent Installment of Increase Over the Time Minimum Rent Percentage Period Commencement Date/ Rent Commencement Date — 1s Anniversary of $31,749.96 $2,645.83 N/A $10.00 Rent Commencement Date 1s" to 294 Anniversary of Rent Commencement $32,702.52 $2,725.21 3.0% $10.30 Date 294 to 34 Anniversary of Rent Commencement $33,683.52 $2,806.96 3.0% $10.61 Date (Expiration Date) Tenant shall deliver all payments of Rent to Landlord via electronic portal and/or platform provided by Landlord. Tenant shall establish a customer account for the electronic portal and/or platform pursuant to instructions to be provided by Landlord. Tenant shall promptly comply with such directives and, subsequent to such written direction by Landlord, payments submitted in any other manner may not be credited to Tenant and/ot may incur late charges. L “Permitted Use”: Storage and distribution of materials and equipment for sign manufacturing with ancillary office, and for no other purpose without Landlord’s express written consent in its sole discretion. «i ”: Subject to Landlord’s review of Tenant’s financials, Three Thousand Five Hundred and 00/100 Dollars ($3,500.00), which comprises approximately one (1) months average Minimum Rent and Tenant’s Proportionate Shate of Operating Expenses. K T 2s Pi ate Share”: 4.68%, which is calculated by dividing the approximate rentable square footage of the Premises set forth in Section 1.B (aumerator) by the approximate rentable square footage of the Building set forth in Section 1.A (denominator), subject from time to time to any remeasurement, if any, as set forth in Section 1.B at Landlord’s sole discretion; provided, however, notwithstanding any provision to the contrary in this Lease, in the event the rentable square footage of the Premises and/or the Building increases or decreases during the Term, then Tenant’s Proportionate Share shall be automatically adjusted accordingly effective on and as of the date of such increase or decrease, without necessity for a written amendment of this Lease expressly addressing such adjustment. Notwithstanding the foregoing or any provision of this Lease to the contrary, Tenant hereby acknowledges and agrees that Landlord may in its sole discretion elect to convert the Property (including Tenant’s Premises) into a commercial condominium in accordance with applicable law. In such event, this Lease may be adjusted to reflect that Tenant’s Proportionate Share shall be the equivalent of one hundred percent (100%) with respect to its commercial condominium unit (including, by way of example and not of limitation, with respect to taxes and insurance), in addition to any other charges payable in common with other commercial condominium owners in the Property pursuant to the applicable condominium documents. Tenant agrees to reasonably cooperate with Landlord in connection with any such conversion, and to promptly execute and deliver upon request any commercially reasonable documents to effectuate the foregoing (including if required an amendment and/or an amendment and restatement of this Lease in order to effectuate the foregoing). L. “R 1 Term”: Subject to the provisions of this Lease including Section 11.A hereof, Tenant shall have the right to renew this Lease for one (1) additional five (5) year term, upon the same terms and conditions as forth in this Lease, and provided that Minimum Rent for the commencement year of the 2 BUR-L-000420-24 02/29/2024 5:52:37 PM Pg10o0f56 Trans ID: LCV2024550753 Renewal Term shall be set to fair market value as determined by Landlord and Minimum Rent for each year of such Renewal Term thereafter shall continue to be increased by three percent (3.0%) annually. The foregoing summary of terms and certain definitions is incorporated into and made part of the Lease. If any conflict exists between the summary of terms and certain definitions information and the terms of the Lease, then the Lease shall control. 2. USE OF THE PREMISES; COMMON AREAS. A During the Term, the Tenant shall have the exclusive use and occupancy of the Premises. ‘Throughout the Term, Tenant shall continuously occupy and use the Premises solely for the Permitted Use, and for no other purpose without the prior written consent of the Landlord. The Pxemises shall not be used in any manner that disturbs, endangers or unreasonably interferes with other tenants of the Property. B. Landlord, for the Term and subject to the terms and conditions of this Lease and the Rules and Regulations (as hereinafter defined), leases to Tenant, and Tenant rents from Landlord, the Premises, together with the non-exclusive right to use the common areas on the Property (collectively the “Common Areas”). The Common Areas ate those parts of the Property intended for the common use or benefit of the tenants of the Property, including without limitation, any parking areas, sidewalks, elevators, driveways, lobbies, hallways, common restrooms, paving, curbs, gutters, common loading areas, landscaped areas, and any utility pipes and lines serving the Property, if any. Tenant may use and access such Common Areas subject to the terms of this Lease and the Rules and Regulations. Notwithstanding the foregoing and except as expressly ptovided by the terms and conditions of this Lease, Tenant shall not use any portion of the Common Areas for outdoor storage or installations nor for any other use that would interfere with any other tenant or occupant of the Building’s use of any portion of the Property or the Building including, but not limited to, the Common Ateas, without the prior written consent of Landlord. Landlord reserves the right in its sole discretion to: (i) alter, expand and/or reduce the Common Ateas, and (ii) close temporarily any portion of the Common Areas for any such alteration, expansion and/or reduction. Cc. If any governmental license or permit (including without limitation a certificate of occupancy) for the Premises shall be required for the proper and lawful conduct of Tenant’s business in the Premises, then Tenant, at its sole cost and expense, shall duly procure and thereafter maintain such license or permit. In no event shall Tenant’s failure to procure or maintain such license or permit relieve Tenant from its obligations under this Lease. D. Tenant shall comply, at Tenant’s sole cost and expense, (including making any Alterations or improvements) with all laws (including the Americans with Disabilities Act, as amended, supplemented or replaced, the “ADA”), ordinances, notices, orders, rules, regulations and requirements (as the same may be amended, “Applicable Laws”) regulating the Premises during the Term which impose any duty upon Landlord ot Tenant with respect to Tenant’s use, occupancy, or Alteration of the Premises. In the event Landlord should convert the Property into a commercial condominium, Tenant acknowledges and affirms that “Applicable Laws” shall be deemed to include the declaration, master deed, bylaws, rules and regulations, and any other governing documents of any condominium, planned unit development, or other association to which the Premises would be subjected. E. Tenant shall comply at all times with the Rules and Regulations for the Property described on Exhibit “B” attached hereto (the “Rules and Regulations” and together with Applicable Laws, from time to time, collectively “Laws and Requirements”), as the same may be revised by Landlord from time to time. 3. MINIMUM RENT. BUR-L-000420-24 02/29/2024 5:52:37 PM Pg1llof56 Trans ID: LCV2024550753 A Commencing on the Rent Commencement Date, Tenant shall make monthly payments of Minimum Rent in equal monthly installments in the amounts set forth in Section 1.H above, in advance, on the first (1**) day of each calendar month during the Tetm without notice, demand or setoff. In the event that the Commencement Date does not occur on the 1% day of a month, the Minimum Rent payable with respect to such partial month shall be prorated based on the number of days in such month. Notwithstanding the foregoing, Tenant shall pay its first installment of monthly Minimum Rent and Additional Rent concurrently with the execution of this Lease. B. All sums payable by Tenant under this Lease, whether or not stated to be Minimum Rent or additional rent or other charges due hereunder (“Additional Rent”, collectively with Minimum Rent, “Rent”), shall be collectible by Landlord as Rent, and upon default in payment thereof Landlord shall have the same tights and remedies as for failure to pay Rent (without prejudice to any other right or remedy available therefor). All Rent payable by Tenant under this Lease shall be paid, when due, without demand, offset, abatement, diminution or reduction. For the avoidance of ambiguity, Tenant’s obligation to pay Rent is independent of Landlord’s covenants hereunder and Tenant shall have no right to withhold any such payment on account of any alleged failure by Landlord to perform or comply with any of Landlord’s duties or obligations herein. ‘Additional Rent shall include all sums that may become due by reason of Tenant’s failure to comply with any of the terms, conditions and covenants of the Lease and any and all damages, costs and expenses (including, without limitation, reasonable attorney fees) that Landlord may suffer ot incur by reason of any default by Tenant. Without limiting the foregoing, Tenant shall be responsible for all attorneys’ fees incutred by Landlord in any court proceeding ot in any bankruptcy proceeding relating to the exercise of Landlord’s rights under the Bankruptcy Code, including, without limitation, Landlord’s rights under Sections 362, 365 and/or 503 of the Bankruptcy Code. Cc. If Tenant fails to make any Rent payment to Landlord when due, interest shall immediately begin to accrue on such unpaid amounts at the rate of five percent (5%) commencing on the due date. In addition, if Tenant fails to make any Rent payment within five (5) days of when the same is due, a fixed fee equal to five percent (5%) of all such Rent due but unpaid shall immediately become due (and shall be consideted part of “Rent”) to reimburse Landlord for its costs and inconvenience incurred as a consequence of Tenant’s delinquency. If such nonpayment continues for ten (10) ot more days after the same is due, daily interest shall accrue and Tenant shall thereafter pay interest on such overdue amount at an increased rate based on the per annum (360 day yeat) rate equal to the sum of (a) such initial five percent (5%) plus (b) four percent (4%) ower the then Prime Rate as published daily under the heading “Money Rates” in The Wall Street Journal, unless such aggregate rate be usurious as applied to Tenant, in which case the highest permitted legal rate shall apply (the “Default Rate”). In the event that The Wall Street Journal is no longer published or ceases to publish the Prime Rate, Landlord may substitute another publication publishing the Prime Rate reasonably acceptable to Landlord. In the event that “Prime Rates” are no longer generally published or ate limited, regulated or administered by 2 governmental ot quasi-governmental body, Landlord may substitute another rate apptoximating the Prime Rate. Tenant’s obligation to pay Rent (including, but not limited to, any and all late fees and interest) that has accrued in accordance with the terms and conditions of the Lease shall expressly survive the expiration or earlier termination of this Lease. 4. OPERATING EXPENSES, TAXES, INSURANCE, AND UTILITY CHARGES. A OPERATING EXPENSES. Tenant shall pay to Landlord Tenant’s Proportionate Share of all of the Operating Expenses (as hereinafter defined) for the Property. Tenant shall make such payments in equal monthly installments in advance on the first (1) day of each month commencing on the Commencement Date (without abatement). This amount shall be prorated for any partial month, from the Commencement Date and continuing throughout the Term on the first (1*) day of each calendar month during the Term, as Additional Rent, without notice, demand or setoff. The amount of Tenant’s Proportionate Share of Operating Expenses represents Tenant’s Proportionate Share of the estimated Operating Expenses during each calendar yeat on an annualized basis. From time to time Landlord may adjust such estimated amount if the estimated 4 BUR-L-000420-24 02/29/2024 5:52:37 PM Pg12o0f56 Trans ID: LCV2024550753 Operating Expenses increase. By April 30% of each year (and as soon as practical after the expiration or termination of this Lease or in the event of a sale of the Property), Landlord shall endeavor to provide Tenant with a statement of the actual amount of such Operating Expenses for the preceding calendar year or part thereof and Tenant’s Proportionate Share thereof (the “Operating Expense Statement”). Landlord or Tenant shall pay to the other the amount of any deficiency or overpayment then due from one to the other within thirty (30) days of Tenant’s receipt of the Operating Expense Statement or, at Landlord’s option, Landlord may credit Tenant’s account for any overpayment. Tenant’s obligation to pay the Operating Expenses pursuant to this Section shall survive the expiration or termination of this Lease. () “Operating Expenses” shall mean the expenses incurred by Landlord (regardless of when actually incurred) in connection with items that continue to serve, or actions that continue to benefit, the Property, for which payment by Landlord continues to be made during the Term, in connection with the operation, repair, maintenance, protection and management of the Property, including by way of example rather than of limitation, the following: a. Levies, taxes (including real estate taxes, sales taxes and gross receipt taxes), assessments, liens, license and permit fees for the Property which are applicable to the Term, and which ate imposed by any authority or under any law, ordinance or regulation thereof, or pursuant to any recorded covenants or agreements, and the reasonable cost of contesting any of the foregoing (collectively, + ”; . b. Wages, salaries, fees and other compensation and payments, payroll taxes, conttibutions to any social security, unemployment insurance, welfare, pension or similar fund and payments for other fringe benefits made to or on behalf of any and all employees of Landlord or its affiliates performing services rendered in connection with the operation, repair, maintenance, protection and management of the Property, including, without limitation: window cleaners, porters, miscellaneous handymen; watchmen; persons engaged in patrolling and protecting the Property; carpentets; engineers; mechanics; electricians; plumbers; landscapers; insurance tisk managers; building superintendent and assistants; building manager; and clerical and administrative personnel. Landlord may contract for any of the foregoing to be performed by independent contractors or affiliates of Landlord in which event all sums paid to such independent contractors ot affiliates shall be at prevailing competitive rates of reputable independent contactors in the same geographic area as the Propetty for services similar to that provided by Landlord, and shall be included within Operating Expenses. If any employee of the Landlord or an affiliate or an independent contractor shall perform services in connection with the Property on a less than full time basis, then the Landlord shall only include only those costs of such employee of Landlord, affiliate or independent contractor as may be pro-ratably applicable to the services performed by such employee; c The cost of insurance carried by Landlord in connection with the Property as determined by Landlord from time to time; d. Cleaning costs for the Property, including the Common Areas, facade, windows and sidewalks, all costs for rubbish and snow removal and the cost of labor, supplies, equipment and materials incidental to such cleaning; e. The cost of heat, water, sewer and all other utility services servicing the Premises (to the extent not paid by Tenant directly to the provider thereof) and the Building generally; ff Costs incurred for operation, service, maintenance, inspection, repairs and alterations of the Property; & Sales and excise taxes and the like upon any of the expenses enumerated herein; BUR-L-000420-24 02/29/2024 5:52:37 PM Pg 130f56 Trans ID: LCV2024550753 Management fees of the property manager; ‘The cost of tools, equipment, and supplies and any replacement thereof; The cost of repainting or otherwise redecorating any part of the Property other than premises demised to of ther tenants; k. The cost of telephone and courier services, postage and delivery charges, office supplies, maintenance and repair of office equipment and similar costs; 1 The cost of licenses, permits and similar fees and charges other than such fees and charges that are incurred in connection solely for another tenant of the Property; m. Auditing and accounting fees including accounting fees incurred in connection with the preparation and certification of the Operating Expense Statements; n. All costs incurred by Landlord to comply with Applicable Laws not in existence at the time of the execution of this Lease, whether federal, state or municipal, and all repairs, replacements and improvements which are appropriate for the continued operation of the Property consistent with other compatable buildings, including capital expenditures as calculated under generally applied accounting principles consistently applied (“GAAP”); °. All costs incurred by Landlord reasonably intended to reduce Operating Expenses applicable to the Property, including without limitation costs associated with the acquisition and installation of any energy or cost saving devices which result in a net savings of operating expenses; P. Cost of performing general maintenance services, including, but not limited to, window-washing, security, landscaping, snow and ice removal setvices, electrical, painting, sprinkler, plumbing, elevator, heating, ventilation and air conditioning (“HVAC”) maintenance and repair, and all other items set forth in Section 5.E, and all fees due on account of the same; 4 Legal fees with respect to the Property other than those incurred in the negotiation of tenant leases or enforcing actions against specific tenants; ft, Any and all other expenditures of Landlord which are proper business expenses in accordance with GAAP consistently applied for operation, repair, maintenance, protection and management of similar warehouse and distribution buildings in the suburban Philadelphia area; s. Any and all Operating Expenses incurred by Landlord prior to the Commencement Date; and t. If Landlord shall purchase any item of capital equipment or make any capital expenditures (collectively, the “Capital Expenditures”) then the costs for same shall be amortized on a straight line basis beginning in the year of installation and continuing for the useful life according to GAAP. Tenant agrees that the determination by Landlord’s accountants of the useful life according to GAAP of the subject of such Capital Expenditures shall be binding on Tenant. If Landlord shall lease such items of capital equipment, then the lease shall be included in Operating Expenses for each yeat in which they are incurred. Notwithstanding the foregoing, if Landlord shall effectuate savings in labor or energy-related costs as a result of the installation of new devices or equipment, then Landlord may, in lieu of the above, elect to include up to the full amount of any such savings in each year (beginning with the year in which the equipment is placed in service) as an Operating Expense until Landlord has recovered thereby the cost of installation of said devices or equipment and interest thereon as above provided, even if the result of such application will result in the BUR-L-000420-24 02/29/2024 5:52:37 PM Pg 140f56 Trans ID: LCV2024550753 amortization of such costs over a period shorter than the useful life of such installation. Landlord shall notify Tenant in writing if Landlord elects to apply such savings to the cost of such equipment and shall include a statement of the amount of such savings in the Operating Expense Statement for each applicable year. Operating Expenses shall thereafter be reduced by the amount of any previous Capital Expenditures included therein expensed pursuant to this Subsection when such amortization has been completed. (2) Notwithstanding the foregoing, “Operating Expenses” shall not include expenditures for any of the following: a. ‘Any capital addition made to Property, including the cost to prepare space for occupancy by a new tenant. b. Repairs or other work occasioned by fire, windstorm or other insured casualty or hazard, to the extent that Landlord shall receive proceeds of such insurance. c. Leasing commissions, legal fees and advertising expenses incurred in leasing or procuring new tenants. d. Repairs or rebuilding necessitated by condemnation to the extent that Landlord has received condemnation proceeds for such tepairs or rebuilding. e. Depreciation and amortization of the Property. f. ‘The salaries and benefits of executive officers of Landlord, if any. Debt service payments on any indebtedness applicable to the Property, including any mortgage debt h. Fees to finance or refinance any debt with respect to the Property. i Penalties or fines assessed against the Property and Landlord relating solely to the Property’s non-compliance with Laws and Requirements prior to the Commencement Date. } Landlord’s cost of sub-metered electric or other services for which the Landlord is reimbursed by a tenant. k. Costs incurred by virtue of a default by Landlord or any other tenant of the Property under a lease. 1 Costs of any special service provided to any one tenant of the Property (other than Tenant) but not to tenants of the Property generally. 8) If the Building is less than ninety-five percent (95%) occupied during all or a portion of any calendar year, Landlord shall make an appropriate adjustment to the variable components of Operating Expenses for such calendar year as reasonably determined by Landlord employing sound accounting and management principles, to determine the amount of Operating Expenses that would have been paid had the Building been ninety-five percent (95%) occupied, and the amount so determined shall be deemed to have been the amount of Operating Expenses for such calendar year. B. TAXES AND OTHER IMPOSITIONS. BUR-L-000420-24 02/29/2024 5:52:37 PM Pg150f56 Trans ID: LCV2024550753 Commencing on and as of the Commencement Date, as Additional Rent, Tenant shall pay when due all taxes imposed upon all personal property of Tenant and Tenant shall pay monthly or otherwise when due, whether collected by Landlord or collected directly by the governmental agency assessing the same, any taxes imposed or calculated on Tenant’s Rent including, without limitation, any use and occupancy taxes, if applicable, whether such taxes exist at the date of the Lease or are adopted hereafter during the Term. Nothing herein contained shall be interpreted as requiring Tenant to pay any income, excess profits or corporate capital stock tax imposed o assessed upon Landlord, unless such tax or any similar tax is levied or assessed in lieu ofall or any part of any Imposition or an increase in any Imposition. Cc. INSURANCE. ) Tenant will maintain at its sole cost and expense during the Term, the following insurance: a. Commercial general liability insurance with a company reasonably acceptable to Landlord, naming both Tenant and Landlord as insured against claims for personal injury, including bodily injury, death or ptoperty damage in amounts not less than One Million and 00/100 Dollars ($1,000,000.00) per occurrence and a general aggregate limit of not less than Two Million and 00/100 Dollars ($2,000,000.00) (which aggregate limit shall apply separately to each of Tenant's locations if such policies cover more than the Premises); b. Fire and extended coverage insurance insuring all of Tenant’s personal property and trade fixtures and equipment installed or located in the Premises; and c. Workers Compensation insurance insuring against and satisfying Tenant’s obligations and liabilities under the worker’s compensation laws of the State of New Jersey. Q) The foregoing insurance certificates (other than Worker’s Compensation) shall all have attached thereto an endorsement that such policy shall not be cancelled or materially amended without at least thirty (30) days prior written notice to Landlord. At Landlord’s request, Tenant shall add Landlord, Landlord’s Mottgagee (as hereinafter defined), and Landlord’s property manager as an additional insured and/or loss payees on such policies, as theit interests may appear. The insurer shall be a responsible insurance cattier reasonably acceptable to Landlord which is authorized to issue such insurance and licensed to do business in the State of New Jersey which has at all times during the Term a rating of no less than A/VII in the most current edition of Best’s Insurance Reports. Tenant shall deliver to Landlord on or before the Commencement Date, and annually on each anniversary thereof or within ten (10) days of written request of Landlord throughout the Term, a certificate of insurance evidencing such coverage and the waiver of subrogation described below. @) Each party hereto hereby waives any and every claim which arises or which may atise in its favor and against the other party hereto during the Term or any extension or renewal thereof (if any) for any and all loss of, or damage to, any of its property located within or upon or constituting a part of the Building, to the extent that such loss or damage is recovered under an insurance policy or policies or would be covered under an insurance policy required to be maintained by such party pursuant to this Lease (whethet or not actually maintained). Each party shall cause its insurers to issue policies containing such waiver of subrogation and/or waiver of claims provisions. D. UTILITY CHARGES. Beginning on and as of the Commencement Date, Tenant shall pay for gas, electricity, heat, power, telephone and other communication services and any other utilities, supplied to or consumed in or on the Premises directly to the provider of such services or, to the extent not separately metered to the Premises, as determined by Landlord, reimbursed to Landlord based upon Tenant’s usag