Correction: Will Jimmy John’s really be moving?
December 7, 2011
It is the policy of the Daily Kent Stater to correct any errors that occur. Tuesday’s story about Jimmy John’s had substantive errors that included misleading information attributed to Chad Maag, co-owner of the sandwich shop. Here are the accurate facts of the story as clarified by Maag on Tuesday.
Maag and his co-owner, Tony Salem, reached an out of court settlement Monday morning with their landlord to stay on East Main Street until May 31.
In August, Maag found out through a newspaper article that the Portage County Commissioners had chosen the location of his current store for the new Kent Municipal Courthouse. Maag called his landlord at Schweigert Properties Inc., of Akron, who assured him he had nothing to worry about.
Maag then met with Dan Smith, Kent economic development director, and his landlord that same week to discuss potential places for a new shop should the city pursue placing the courthouse in the approved location. Maag’s landlord failed to mention at the meeting that Maag’s lease would expire Nov. 1 and that, by August, it was already too late for Maag to renew it.
Maag immediately called his lawyer, David M. Lowry, following the meeting and asked him to review the lease — Lowry did not represent Maag when the lease was originally signed. Maag, who inherited the lease from the previous owner, said Lowry found a single page with handwritten dates stating the owners needed to provide formal written notice to the landlord at least six months before the lease expired in order to renew.
Maag said he recognizes the situation was due to human error and he realizes it is not the job of Schweigert to provide notice for lease renewal.
Maag and Salem invested money to buy the property in April 2010 and spent additional funds to improve the interior and exterior of the property. Maag said a move would cost the business owners between $340,000 and $370,000. Maag filed suit against Schweigert Properties in mid-November to help finance the move.
Maag said wherever the business moves, he plans to be closed no longer than two weeks.
Contact Julie Sickel at [email protected].