17-Pages From Tony Emails Exchange NURFC Keyword-44

Tony Capaci
From: Tony Capaci

Sent: Wednesday, October 24, 2007 4:37 PM
To: 'GDowdell@nurfc.org'
Cc: 'GTurk@nurfc.org'
Subject: FW: Title of Opinion Letter for NURFC
Hi Gary and George,

As you can see from our attorney’s response to the title opinion there are a few issues which need to be cleared up. Also,
we have received a draft copy of the “Second Amendment to the Base Lease” We are still waiting for a draft of the CUA
and CFA (each referencing each other). Once we receive the drafts we will review them and forward them to the AG for
review. After AG’s review we will forward them to you. My best guess is we will receive the drafts sometime late next
week and will get them to the AG right after we review. I am doing everything I can to expedite process.
Thanks,
Tony
From: Tom [mailto:trocco@CMHLegal.com]

To: Bernard Cason
Cc: Tony Capaci
Subject: RE: Title of Opinion Letter for NURFC
In all likelihood, there are probably no issues with the title, but we do need a few items taken care of. First, their opinion
is based on a title commitment from 2002. We need an updated title commitment or they need to conduct their own
review of the records. Second, I am concerned with their statement that they are assuming the City holds fee simple
absolute title to Lot 3 and has leased it to the County. This is important and we need clarification as to whether or not the
City owns the property and has leased it to the County.
Thomas J. Rocco
Shayne Nichols, LLC
Two Miranova Place, Suite 220
Columbus, Ohio 43215
Phone: (614) 221-2220
Facsimile: (614) 221-9020
From: Bernard Cason [mailto:bcason@culture.ohio.gov]

To: Tom
Cc: Tony Capaci
Bernard E. Cason
Project Analyst
Ohio Cultural Facilities Commission
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416
Telephone: 614-752-2770
Fax: 614-752-2775
e-mail: bcason@culture.ohio.gov
website: www.culture.ohio.gov
1946
The Ohio Cultural Facilities Commission, formerly the Ohio Arts & Sports Facilities Commission, oversees capital improvement funds appropriated by the Ohio
General Assembly and Governor for community cultural facility projects including non-profit theaters, museums, historical sites and publicly owned professional
sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770 for more information on the Commission or to learn how we can assist your
cultural facility project.
From: Bernard Cason

To: 'Tom'
Cc: Tony Capaci
Tom - You are correct. Here is the complete attachment for your review. Thanks.
Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775

Sent: Wednesday, October 24, 2007 10:53 AM
To: Bernard Cason
Cc: Tony Capaci
I think the attachment was not complete. The pdf I received was only 1 page. Can you rescan and send? Thanks.
Thomas J. Rocco
Shayne Nichols, LLC
Phone: (614) 221-2220
Facsimile: (614) 221-9020

To: Tom
Cc: Tony Capaci
Tom – Please excuse my oversight. I should have included the subject for this request. Thanks for your immediate
attention. - Bernard
Bernard E. Cason
Project Analyst
1947
Telephone: 614-752-2770
Fax: 614-752-2775
From: Bernard Cason

To: 'Tom'
Cc: Tony Capaci
Subject:
Importance: High
Tom,
We have received a Title of Opinion Letter from the National Underground Railroad Freedom Center that requires your
immediate attention. Please review and let us know as soon as possible your legal opinion.
Thanks - Bernard
Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775
1948
Tony Capaci
From: Tom [trocco@CMHLegal.com]
To: Bernard Cason
Cc: Tony Capaci
In all likelihood, there are probably no issues with the title, but we do need a few items taken care of. First, their opinion
is based on a title commitment from 2002. We need an updated title commitment or they need to conduct their own
review of the records. Second, I am concerned with their statement that they are assuming the City holds fee simple
absolute title to Lot 3 and has leased it to the County. This is important and we need clarification as to whether or not the
City owns the property and has leased it to the County. Between you and I, I have determined that the City does own the
lot in question, but we need them to provide us that opinion and also to ensure that the lot is leased to the County.
Thomas J. Rocco
Shayne Nichols, LLC
Phone: (614) 221-2220
Facsimile: (614) 221-9020

To: Tom
Cc: Tony Capaci
Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775
From: Bernard Cason

To: 'Tom'
Cc: Tony Capaci
1949
Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775

To: Bernard Cason
Cc: Tony Capaci
Thomas J. Rocco
Shayne Nichols, LLC
Phone: (614) 221-2220
Facsimile: (614) 221-9020

To: Tom
Cc: Tony Capaci
Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775
1950
From: Bernard Cason
To: 'Tom'
Cc: Tony Capaci
Subject:
Importance: High
Tom,
Thanks - Bernard
Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775
1951
Tony Capaci
From: Tony Capaci
To: Barbara Witt; Dave Wartel
Subject: FW: NURFC caf or Cera
Hey guys,
Steve Grassbaugh suggests we use the CAF and he does not have a blacklined copy.
From: Stephen P. Grassbaugh [mailto:sgrassbaugh@peckshaffer.com]

To: Tony Capaci
Subject: RE: NURFC caf or Cera
Tony,
I have not even finished the CUA, so I will not get to this for a few days. In this instance, I would leave it the
CAF Agreement because that is what was used, it is crossed referenced in my amended lease and it is the term
(to the extent it appears) I have left in the CUA.
No, I do not have a blacklined version. We started with a scanned version from the PDF you sent to me, and and
we did save the original scanned version because of all the cleanup we had to do in it. Sorry.
Steve
-----Original Message-----
From: Tony Capaci [mailto:tcapaci@culture.ohio.gov]
To: Stephen P. Grassbaugh
Cc: Dave Wartel; Barbara Witt
Subject: NURFC caf or Cera
Steve,
For projects which are already built and are receiving an approval we created a document entitled the CERA
(capital expenditure reimbursement agreement) to replace the CAF. We had planned to use the CERA for
NURFC but considering the cross referencing to existing documents we suspect the CERA may add more
confusion than it is worth. (these docs have to get reviewed by the AG, sponsor, and sponsor’s counsel, and most
importantly, the sponsor’s bank with enough time prior to the Commission meeting that we can make changes if
need be) Therefore, we think it best if you would review the CERA and give us your thoughts on which document
(CERA, amended CAF or a new CAF) would require the least time to review and approve and be the most
expedient.
Also, do you have a black-lined copy or the original lease you marked up while creating the Second Amendment
to Base Lease? If so, would you kindly send it to us, we think it would be helpful for Kathy to review before
signing the Second Amendment.
Let me know your thoughts.
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
1952
e-mail: tcapaci@culture.ohio.gov
The Ohio Cultural Facilities Commission, formerly the Ohio Arts & Sports Facilities Commission, oversees capital improvement funds appropriated by
the Ohio General Assembly and Governor for community cultural facility projects including non-profit theaters, museums, historical sites and publicly
owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770 for more information on the Commission or to
learn how we can assist your cultural facility project.
The information contained in this electronic mail transmission is intended by Peck, Shaffer & Williams LLP for
the use of the named individual or entity to which it is directed and may contain information that is privileged,
confidential and exempt from disclosure under applicable law. It is not intended for transmission to, or receipt
by, anyone other than the named addressee (or a person authorized to deliver it to the named addressee). It
should not be copied or forwarded to any unauthorized persons. If you have received this electronic mail
transmission in error, please delete it from your system without reading, copying or forwarding it, and notify the
sender of the error by reply email or by calling Peck, Shaffer & Williams at 800 927-2663, so that our address
record can be corrected.
1953
Tony Capaci
From: Stephen P. Grassbaugh [sgrassbaugh@peckshaffer.com]
To: Tony Capaci
Subject: RE: NURFC caf or Cera
Tony,
I have not even finished the CUA, so I will not get to this for a few days. In this instance, I would leave it the
CAF Agreement because that is what was used, it is crossed referenced in my amended lease and it is the term
(to the extent it appears) I have left in the CUA.
No, I do not have a blacklined version. We started with a scanned version from the PDF you sent to me, and and
we did save the original scanned version because of all the cleanup we had to do in it. Sorry.
Steve
-----Original Message-----
From: Tony Capaci [mailto:tcapaci@culture.ohio.gov]
To: Stephen P. Grassbaugh
Steve,
For projects which are already built and are receiving an approval we created a document entitled the CERA
(capital expenditure reimbursement agreement) to replace the CAF. We had planned to use the CERA for
NURFC but considering the cross referencing to existing documents we suspect the CERA may add more
confusion than it is worth. (these docs have to get reviewed by the AG, sponsor, and sponsor’s counsel, and most
importantly, the sponsor’s bank with enough time prior to the Commission meeting that we can make changes if
need be) Therefore, we think it best if you would review the CERA and give us your thoughts on which document
(CERA, amended CAF or a new CAF) would require the least time to review and approve and be the most
expedient.
Also, do you have a black-lined copy or the original lease you marked up while creating the Second Amendment
to Base Lease? If so, would you kindly send it to us, we think it would be helpful for Kathy to review before
signing the Second Amendment.
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
The Ohio Cultural Facilities Commission, formerly the Ohio Arts & Sports Facilities Commission, oversees capital improvement funds appropriated by
the Ohio General Assembly and Governor for community cultural facility projects including non-profit theaters, museums, historical sites and publicly
owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770 for more information on the Commission or to
learn how we can assist your cultural facility project.
1954
The information contained in this electronic mail transmission is intended by Peck, Shaffer & Williams LLP for
the use of the named individual or entity to which it is directed and may contain information that is privileged,
confidential and exempt from disclosure under applicable law. It is not intended for transmission to, or receipt
by, anyone other than the named addressee (or a person authorized to deliver it to the named addressee). It
should not be copied or forwarded to any unauthorized persons. If you have received this electronic mail
transmission in error, please delete it from your system without reading, copying or forwarding it, and notify the
sender of the error by reply email or by calling Peck, Shaffer & Williams at 800 927-2663, so that our address
record can be corrected.
1955
Tony Capaci
From: Tony Capaci
To: 'Stephen P. Grassbaugh'
Attachments: caf to grassbaugh.pdf; caf first amendment.pdf; NURFC CAF and Base Lease 4.15.03.pdf;
Capital Expenditure Reimbursement Agreement.doc
Steve,
For projects which are already built and are receiving an approval we created a document entitled the CERA (capital
expenditure reimbursement agreement) to replace the CAF. We had planned to use the CERA for NURFC but
considering the cross referencing to existing documents we suspect the CERA may add more confusion than it is worth.
(these docs have to get reviewed by the AG, sponsor, and sponsor’s counsel, and most importantly, the sponsor’s bank
with enough time prior to the Commission meeting that we can make changes if need be) Therefore, we think it best if you
would review the CERA and give us your thoughts on which document (CERA, amended CAF or a new CAF) would
require the least time to review and approve and be the most expedient.
Also, do you have a black-lined copy or the original lease you marked up while creating the Second Amendment to Base
Lease? If so, would you kindly send it to us, we think it would be helpful for Kathy to review before signing the Second
Amendment.
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
1956
Tony Capaci
From: Bernard Cason
To: 'Tom'
Cc: Tony Capaci
Attachments: Title of Opinion Letter 10.24.07.pdf
Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775
From: Bernard Cason

To: 'Tom'
Cc: Tony Capaci
Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775

To: Bernard Cason
1957
Cc: Tony Capaci
Thomas J. Rocco
Shayne Nichols, LLC
Phone: (614) 221-2220
Facsimile: (614) 221-9020

To: Tom
Cc: Tony Capaci
Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775
From: Bernard Cason

To: 'Tom'
Cc: Tony Capaci
Subject:
Importance: High
Tom,
Thanks - Bernard
Bernard E. Cason
Project Analyst
1958
Telephone: 614-752-2770
Fax: 614-752-2775
1959
Tony Capaci
From: Bernard Cason
To: 'Tom'
Cc: Tony Capaci
Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775

To: Bernard Cason
Cc: Tony Capaci
Thomas J. Rocco
Shayne Nichols, LLC
Phone: (614) 221-2220
Facsimile: (614) 221-9020

To: Tom
Cc: Tony Capaci
Bernard E. Cason
Project Analyst
1960
Telephone: 614-752-2770
Fax: 614-752-2775
From: Bernard Cason

To: 'Tom'
Cc: Tony Capaci
Subject:
Importance: High
Tom,
Thanks - Bernard
Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775
1961
Tony Capaci
From: Tom [trocco@CMHLegal.com]
To: Bernard Cason
Cc: Tony Capaci
Thomas J. Rocco
Shayne Nichols, LLC
Phone: (614) 221-2220
Facsimile: (614) 221-9020

To: Tom
Cc: Tony Capaci
Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775
From: Bernard Cason

To: 'Tom'
Cc: Tony Capaci
Subject:
Importance: High
Tom,
Thanks - Bernard
1962
Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775
1963
Tony Capaci
From: Bernard Cason
To: 'Tom'
Cc: Tony Capaci
Attachments: Title of Opinion Letter 10.24.07.pdf
Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775
From: Bernard Cason

To: 'Tom'
Cc: Tony Capaci
Subject:
Importance: High
Tom,
Thanks - Bernard
Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775
1964

17-Pages From Tony Emails Exchange NURFC Keyword-44

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Tony Capaci

From: Tony Capaci

Hi Gary and George,

From: Tom [mailto:trocco@CMHLegal.com]

From: Bernard Cason [mailto:bcason@culture.ohio.gov]

From: Bernard Cason

From: Tom [mailto:trocco@CMHLegal.com]

From: Bernard Cason [mailto:bcason@culture.ohio.gov]

From: Bernard Cason

From: Bernard Cason [mailto:bcason@culture.ohio.gov]

From: Bernard Cason

From: Tom [mailto:trocco@CMHLegal.com]

From: Bernard Cason [mailto:bcason@culture.ohio.gov]

From: Stephen P. Grassbaugh [mailto:sgrassbaugh@peckshaffer.com]

From: Bernard Cason

From: Tom [mailto:trocco@CMHLegal.com]

From: Bernard Cason [mailto:bcason@culture.ohio.gov]

From: Bernard Cason

From: Tom [mailto:trocco@CMHLegal.com]

From: Bernard Cason [mailto:bcason@culture.ohio.gov]

From: Bernard Cason

From: Bernard Cason [mailto:bcason@culture.ohio.gov]

From: Bernard Cason

From: Bernard Cason

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