20 E.

Broad Street, Suite 200

Columbus, OH 43215-3416

Telephone: 614-728-8931
Fax: 614-752-2775

e-mail: jcohen@culture.ohio.gov

website: www.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. 
From: Barbara Witt
Sent: Tuesday, March 18, 2008 2:54 PM
To: Joe Cohen
Subject: RE: Mechanic's Liens

Ask Tom. 
 

Barbara Witt
Manager of Project Services
Ohio Cultural Facilities Commission
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416

Telephone: 614-728-8923
Fax: 614-752-2775
e-mail: bwitt@culture.ohio.gov
website: www.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.

 
From: GDowdell@nurfc.org [mailto:GDowdell@nurfc.org]
Sent: Friday, March 14, 2008 12:51 PM
To: Tony Capaci
Cc: Barbara Witt
Subject: RE: Mechanic's Liens

Tony,

Any word ?

Gary

"Tony Capaci" <tcapaci@culture.ohio.gov> To <GDowdell@nurfc.org>

cc "Barbara Witt" <bwitt@culture.ohio.gov>
02/11/2008 04:56 PM Subject RE: Mechanic's Liens

7
Hi Gary,
I’ll bring the issue up with Barbara. The challenge I see is that we will require a title opinion letter on your attorney’s
letterhead. If he feels comfortable signing that letter I would guess we would not have a problem with it. But like I said, I
will discuss it with Barbara. I’ve attached a copy of the opinion letter so your attorney can review it and give you his
thoughts.
Thanks,
Tony

From: GDowdell@nurfc.org [mailto:GDowdell@nurfc.org]

Sent: Monday, February 11, 2008 4:51 PM
To: Tony Capaci
Cc: DMurphy@nurfc.org
Subject: Fw: Mechanic's Liens

Tony,

Hope all is well with you.

Please see the attached from our lawyer, who's dealing with our lien issues. Specifically with respect to H. Berry, who
apparently is no longer in business. Can we dispense with the H. Berry lien issue on a technicality ?

Gary
----- Forwarded by Gary Dowdell/NURFC on 02/11/2008 04:45 PM -----
"Griffith Jr., Stephen M." <griffith@taftlaw.com>

To <gdowdell@nurfc.org>
02/11/2008 04:26 PM
cc

Subject Mechanic's Liens

Gary:

I received back from the Cuyahoga County Sheriff a receipt for delivery of certified mail showing that the agent for Forest
City Erectors, Inc. received its notice to commence suit on February 1, 2008. Therfore, if Forest City does not commence
suit to enforce the lien by April 1, 2008, by operation of Section 1311.11, Ohio Revised Code, the lien shall no longer
affect the Freedom Center's property.

I have not received anything back from the Hamilton County Sheriff regarding the Notice to H. Berry, Inc. I am following up
to verify that the Sheriff served it. I note, however, that the Secretary of State of Ohio cancelled the corporate charter of H.
Berry, Inc. for failure to maintain a statutory agent, and on December 26, 2006 for failure to file franchise tax returns or to
pay franchise tax. Since August, 2004, therefore, H. Berry, Inc. has not been in existence so that it could file suit against
the Freedom Center to enforce its lien claim.

You may want to convey this information to the Cultural Facilities Commission to see if it will relax a little.

8
Please let me know if you wish to discuss further. Thank you.

Steve Griffith

Stephen M. Griffith Jr. / Attorney

Taft Stettinius & Hollister LLP
425 Walnut Street, Suite 1800

Taft / Cincinnati, Ohio 45202-3957

Tel: 513.381.2838 • Fax: 513.381.0205
Direct: 513.357.9312
www.taftlaw.com / griffith@taftlaw.com

Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to
federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or
recommending to another party any transaction or matter addressed herein.

This message may contain information that is attorney-client privileged, attorney work product or otherwise confidential. If
you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in
error, please notify the sender by reply e-mail and delete the message and any attachments.
### ### ###

9
Hi Gary,
I’ll bring the issue up with Barbara. The challenge I see is that we will require a title opinion letter on your attorney’s
letterhead. If he feels comfortable signing that letter I would guess we would not have a problem with it. But like I said, I
will discuss it with Barbara. I’ve attached a copy of the opinion letter so your attorney can review it and give you his
thoughts.
Thanks,
Tony

From: GDowdell@nurfc.org [mailto:GDowdell@nurfc.org]

Sent: Monday, February 11, 2008 4:51 PM
To: Tony Capaci
Cc: DMurphy@nurfc.org
Subject: Fw: Mechanic's Liens

Tony,

Hope all is well with you.

Please see the attached from our lawyer, who's dealing with our lien issues. Specifically with respect to H. Berry, who
apparently is no longer in business. Can we dispense with the H. Berry lien issue on a technicality ?

Gary
----- Forwarded by Gary Dowdell/NURFC on 02/11/2008 04:45 PM -----
"Griffith Jr., Stephen M." <griffith@taftlaw.com>

To <gdowdell@nurfc.org>
02/11/2008 04:26 PM
cc

Subject Mechanic's Liens

Gary:

I received back from the Cuyahoga County Sheriff a receipt for delivery of certified mail showing that the agent for Forest
City Erectors, Inc. received its notice to commence suit on February 1, 2008. Therfore, if Forest City does not commence
suit to enforce the lien by April 1, 2008, by operation of Section 1311.11, Ohio Revised Code, the lien shall no longer
affect the Freedom Center's property.

I have not received anything back from the Hamilton County Sheriff regarding the Notice to H. Berry, Inc. I am following up
to verify that the Sheriff served it. I note, however, that the Secretary of State of Ohio cancelled the corporate charter of H.
Berry, Inc. for failure to maintain a statutory agent, and on December 26, 2006 for failure to file franchise tax returns or to
pay franchise tax. Since August, 2004, therefore, H. Berry, Inc. has not been in existence so that it could file suit against
13
the Freedom Center to enforce its lien claim.

You may want to convey this information to the Cultural Facilities Commission to see if it will relax a little.

Please let me know if you wish to discuss further. Thank you.

Steve Griffith

Stephen M. Griffith Jr. / Attorney

Taft Stettinius & Hollister LLP
425 Walnut Street, Suite 1800

Taft / Cincinnati, Ohio 45202-3957

Tel: 513.381.2838 • Fax: 513.381.0205
Direct: 513.357.9312
www.taftlaw.com / griffith@taftlaw.com

Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to
federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or
recommending to another party any transaction or matter addressed herein.

This message may contain information that is attorney-client privileged, attorney work product or otherwise confidential. If
you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in
error, please notify the sender by reply e-mail and delete the message and any attachments.
### ### ###

14
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416

Telephone: 614-728-8923
Fax: 614-752-2775
e-mail: bwitt@culture.ohio.gov
website: www.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.

 
From: GDowdell@nurfc.org [mailto:GDowdell@nurfc.org]
Sent: Friday, March 14, 2008 12:51 PM
To: Tony Capaci
Cc: Barbara Witt
Subject: RE: Mechanic's Liens

Tony,

Any word ?

Gary

"Tony Capaci" <tcapaci@culture.ohio.gov> To <GDowdell@nurfc.org>

cc "Barbara Witt" <bwitt@culture.ohio.gov>
02/11/2008 04:56 PM Subject RE: Mechanic's Liens

Hi Gary,
I’ll bring the issue up with Barbara. The challenge I see is that we will require a title opinion letter on your attorney’s
letterhead. If he feels comfortable signing that letter I would guess we would not have a problem with it. But like I said, I
will discuss it with Barbara. I’ve attached a copy of the opinion letter so your attorney can review it and give you his
thoughts.
Thanks,
Tony

From: GDowdell@nurfc.org [mailto:GDowdell@nurfc.org]

Sent: Monday, February 11, 2008 4:51 PM
To: Tony Capaci
Cc: DMurphy@nurfc.org
Subject: Fw: Mechanic's Liens

Tony,

Hope all is well with you.

Please see the attached from our lawyer, who's dealing with our lien issues. Specifically with respect to H. Berry, who
apparently is no longer in business. Can we dispense with the H. Berry lien issue on a technicality ?
17
Gary
----- Forwarded by Gary Dowdell/NURFC on 02/11/2008 04:45 PM -----
"Griffith Jr., Stephen M." <griffith@taftlaw.com>

To <gdowdell@nurfc.org>
02/11/2008 04:26 PM
cc

Subject Mechanic's Liens

Gary:

I received back from the Cuyahoga County Sheriff a receipt for delivery of certified mail showing that the agent for Forest
City Erectors, Inc. received its notice to commence suit on February 1, 2008. Therfore, if Forest City does not commence
suit to enforce the lien by April 1, 2008, by operation of Section 1311.11, Ohio Revised Code, the lien shall no longer
affect the Freedom Center's property.

I have not received anything back from the Hamilton County Sheriff regarding the Notice to H. Berry, Inc. I am following up
to verify that the Sheriff served it. I note, however, that the Secretary of State of Ohio cancelled the corporate charter of H.
Berry, Inc. for failure to maintain a statutory agent, and on December 26, 2006 for failure to file franchise tax returns or to
pay franchise tax. Since August, 2004, therefore, H. Berry, Inc. has not been in existence so that it could file suit against
the Freedom Center to enforce its lien claim.

You may want to convey this information to the Cultural Facilities Commission to see if it will relax a little.

Please let me know if you wish to discuss further. Thank you.

Steve Griffith

Stephen M. Griffith Jr. / Attorney

Taft Stettinius & Hollister LLP
425 Walnut Street, Suite 1800

Taft / Cincinnati, Ohio 45202-3957

Tel: 513.381.2838 • Fax: 513.381.0205
Direct: 513.357.9312
www.taftlaw.com / griffith@taftlaw.com

Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to
federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or
recommending to another party any transaction or matter addressed herein.
18
This message may contain information that is attorney-client privileged, attorney work product or otherwise confidential. If
you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in
error, please notify the sender by reply e-mail and delete the message and any attachments.
### ### ###

19
Joe Cohen
From: Barbara Witt
Sent: Tuesday, March 18, 2008 3:01 PM
To: Joe Cohen; Tony Capaci
Subject: RE: Mechanic's Liens

Tony, is it a deal?  
 

Barbara Witt
Manager of Project Services
Ohio Cultural Facilities Commission
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416

Telephone: 614-728-8923
Fax: 614-752-2775
e-mail: bwitt@culture.ohio.gov
website: www.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.

 
From: Joe Cohen
Sent: Tuesday, March 18, 2008 3:00 PM
To: Barbara Witt; Tony Capaci
Subject: RE: Mechanic's Liens

I’ll ask Tom this question if Tony does the Packerd Music Hall project ☺ 
 

Joe Cohen
Project Manager
Ohio Cultural Facilities Commission
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416

Telephone: 614-728-8931
Fax: 614-752-2775

e-mail: jcohen@culture.ohio.gov

website: www.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. 
From: Barbara Witt
Sent: Tuesday, March 18, 2008 2:59 PM
To: Joe Cohen; Tony Capaci
Subject: RE: Mechanic's Liens

Tony, Joe doesn’t want to handle your projects.  Isn’t he selfish? BW 
 

20
Barbara Witt
Manager of Project Services
Ohio Cultural Facilities Commission
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416

Telephone: 614-728-8923
Fax: 614-752-2775
e-mail: bwitt@culture.ohio.gov
website: www.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.

 
From: Joe Cohen
Sent: Tuesday, March 18, 2008 2:55 PM
To: Barbara Witt
Subject: RE: Mechanic's Liens

You might want to reply to Tony since he asked… ☺ 
 

Joe Cohen
Project Manager
Ohio Cultural Facilities Commission
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416

Telephone: 614-728-8931
Fax: 614-752-2775

e-mail: jcohen@culture.ohio.gov

website: www.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. 
From: Barbara Witt
Sent: Tuesday, March 18, 2008 2:54 PM
To: Joe Cohen
Subject: RE: Mechanic's Liens

Ask Tom. 
 

Barbara Witt
Manager of Project Services
Ohio Cultural Facilities Commission
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416

Telephone: 614-728-8923
Fax: 614-752-2775
e-mail: bwitt@culture.ohio.gov
website: www.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

21
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: GDowdell@nurfc.org [mailto:GDowdell@nurfc.org]
Sent: Friday, March 14, 2008 12:51 PM
To: Tony Capaci
Cc: Barbara Witt
Subject: RE: Mechanic's Liens

Tony,

Any word ?

Gary

"Tony Capaci" <tcapaci@culture.ohio.gov> To <GDowdell@nurfc.org>

cc "Barbara Witt" <bwitt@culture.ohio.gov>
02/11/2008 04:56 PM Subject RE: Mechanic's Liens

Hi Gary,
I’ll bring the issue up with Barbara. The challenge I see is that we will require a title opinion letter on your attorney’s
letterhead. If he feels comfortable signing that letter I would guess we would not have a problem with it. But like I said, I
will discuss it with Barbara. I’ve attached a copy of the opinion letter so your attorney can review it and give you his
thoughts.
Thanks,
Tony

From: GDowdell@nurfc.org [mailto:GDowdell@nurfc.org]

Sent: Monday, February 11, 2008 4:51 PM
To: Tony Capaci
Cc: DMurphy@nurfc.org
Subject: Fw: Mechanic's Liens

Tony,

Hope all is well with you.

Please see the attached from our lawyer, who's dealing with our lien issues. Specifically with respect to H. Berry, who
apparently is no longer in business. Can we dispense with the H. Berry lien issue on a technicality ?

Gary
----- Forwarded by Gary Dowdell/NURFC on 02/11/2008 04:45 PM -----
"Griffith Jr., Stephen M." <griffith@taftlaw.com>

To <gdowdell@nurfc.org>
02/11/2008 04:26 PM
cc

Subject Mechanic's Liens

22
Gary:

I received back from the Cuyahoga County Sheriff a receipt for delivery of certified mail showing that the agent for Forest
City Erectors, Inc. received its notice to commence suit on February 1, 2008. Therfore, if Forest City does not commence
suit to enforce the lien by April 1, 2008, by operation of Section 1311.11, Ohio Revised Code, the lien shall no longer
affect the Freedom Center's property.

I have not received anything back from the Hamilton County Sheriff regarding the Notice to H. Berry, Inc. I am following up
to verify that the Sheriff served it. I note, however, that the Secretary of State of Ohio cancelled the corporate charter of H.
Berry, Inc. for failure to maintain a statutory agent, and on December 26, 2006 for failure to file franchise tax returns or to
pay franchise tax. Since August, 2004, therefore, H. Berry, Inc. has not been in existence so that it could file suit against
the Freedom Center to enforce its lien claim.

You may want to convey this information to the Cultural Facilities Commission to see if it will relax a little.

Please let me know if you wish to discuss further. Thank you.

Steve Griffith

Stephen M. Griffith Jr. / Attorney

Taft Stettinius & Hollister LLP
425 Walnut Street, Suite 1800

Taft / Cincinnati, Ohio 45202-3957

Tel: 513.381.2838 • Fax: 513.381.0205
Direct: 513.357.9312
www.taftlaw.com / griffith@taftlaw.com

Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to
federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or
recommending to another party any transaction or matter addressed herein.

This message may contain information that is attorney-client privileged, attorney work product or otherwise confidential. If
you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in
error, please notify the sender by reply e-mail and delete the message and any attachments.
### ### ###

23
Joe Cohen
From: Joe Cohen
Sent: Tuesday, March 18, 2008 3:00 PM
To: Barbara Witt; Tony Capaci
Subject: RE: Mechanic's Liens

Tracking:
Tracking Recipient Read
Barbara Witt Read: 3/18/2008 3:00 PM
Tony Capaci Read: 3/18/2008 3:17 PM

I’ll ask Tom this question if Tony does the Packerd Music Hall project ☺ 
 

Joe Cohen
Project Manager
Ohio Cultural Facilities Commission
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416

Telephone: 614-728-8931
Fax: 614-752-2775

e-mail: jcohen@culture.ohio.gov

website: www.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. 
From: Barbara Witt
Sent: Tuesday, March 18, 2008 2:59 PM
To: Joe Cohen; Tony Capaci
Subject: RE: Mechanic's Liens

Tony, Joe doesn’t want to handle your projects.  Isn’t he selfish? BW 
 

Barbara Witt
Manager of Project Services
Ohio Cultural Facilities Commission
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416

Telephone: 614-728-8923
Fax: 614-752-2775
e-mail: bwitt@culture.ohio.gov
website: www.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.

 
From: Joe Cohen
Sent: Tuesday, March 18, 2008 2:55 PM

24
To: Barbara Witt
Subject: RE: Mechanic's Liens

You might want to reply to Tony since he asked… ☺ 
 

Joe Cohen
Project Manager
Ohio Cultural Facilities Commission
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416

Telephone: 614-728-8931
Fax: 614-752-2775

e-mail: jcohen@culture.ohio.gov

website: www.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. 
From: Barbara Witt
Sent: Tuesday, March 18, 2008 2:54 PM
To: Joe Cohen
Subject: RE: Mechanic's Liens

Ask Tom. 
 

Barbara Witt
Manager of Project Services
Ohio Cultural Facilities Commission
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416

Telephone: 614-728-8923
Fax: 614-752-2775
e-mail: bwitt@culture.ohio.gov
website: www.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.

 
From: GDowdell@nurfc.org [mailto:GDowdell@nurfc.org]
Sent: Friday, March 14, 2008 12:51 PM
To: Tony Capaci
Cc: Barbara Witt
Subject: RE: Mechanic's Liens

Tony,

Any word ?

Gary

25
"Tony Capaci" <tcapaci@culture.ohio.gov> To <GDowdell@nurfc.org>
cc "Barbara Witt" <bwitt@culture.ohio.gov>
02/11/2008 04:56 PM Subject RE: Mechanic's Liens

Hi Gary,
I’ll bring the issue up with Barbara. The challenge I see is that we will require a title opinion letter on your attorney’s
letterhead. If he feels comfortable signing that letter I would guess we would not have a problem with it. But like I said, I
will discuss it with Barbara. I’ve attached a copy of the opinion letter so your attorney can review it and give you his
thoughts.
Thanks,
Tony

From: GDowdell@nurfc.org [mailto:GDowdell@nurfc.org]

Sent: Monday, February 11, 2008 4:51 PM
To: Tony Capaci
Cc: DMurphy@nurfc.org
Subject: Fw: Mechanic's Liens

Tony,

Hope all is well with you.

Please see the attached from our lawyer, who's dealing with our lien issues. Specifically with respect to H. Berry, who
apparently is no longer in business. Can we dispense with the H. Berry lien issue on a technicality ?

Gary
----- Forwarded by Gary Dowdell/NURFC on 02/11/2008 04:45 PM -----
"Griffith Jr., Stephen M." <griffith@taftlaw.com>

To <gdowdell@nurfc.org>
02/11/2008 04:26 PM
cc

Subject Mechanic's Liens

Gary:

I received back from the Cuyahoga County Sheriff a receipt for delivery of certified mail showing that the agent for Forest
City Erectors, Inc. received its notice to commence suit on February 1, 2008. Therfore, if Forest City does not commence
suit to enforce the lien by April 1, 2008, by operation of Section 1311.11, Ohio Revised Code, the lien shall no longer
affect the Freedom Center's property.
26
I have not received anything back from the Hamilton County Sheriff regarding the Notice to H. Berry, Inc. I am following up
to verify that the Sheriff served it. I note, however, that the Secretary of State of Ohio cancelled the corporate charter of H.
Berry, Inc. for failure to maintain a statutory agent, and on December 26, 2006 for failure to file franchise tax returns or to
pay franchise tax. Since August, 2004, therefore, H. Berry, Inc. has not been in existence so that it could file suit against
the Freedom Center to enforce its lien claim.

You may want to convey this information to the Cultural Facilities Commission to see if it will relax a little.

Please let me know if you wish to discuss further. Thank you.

Steve Griffith

Stephen M. Griffith Jr. / Attorney

Taft Stettinius & Hollister LLP
425 Walnut Street, Suite 1800

Taft / Cincinnati, Ohio 45202-3957

Tel: 513.381.2838 • Fax: 513.381.0205
Direct: 513.357.9312
www.taftlaw.com / griffith@taftlaw.com

Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to
federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or
recommending to another party any transaction or matter addressed herein.

This message may contain information that is attorney-client privileged, attorney work product or otherwise confidential. If
you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in
error, please notify the sender by reply e-mail and delete the message and any attachments.
### ### ###

27
Joe Cohen
From: Barbara Witt
Sent: Tuesday, March 18, 2008 2:59 PM
To: Joe Cohen; Tony Capaci
Subject: RE: Mechanic's Liens

Tony, Joe doesn’t want to handle your projects.  Isn’t he selfish? BW 
 

Barbara Witt
Manager of Project Services
Ohio Cultural Facilities Commission
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416

Telephone: 614-728-8923
Fax: 614-752-2775
e-mail: bwitt@culture.ohio.gov
website: www.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.

 
From: Joe Cohen
Sent: Tuesday, March 18, 2008 2:55 PM
To: Barbara Witt
Subject: RE: Mechanic's Liens

You might want to reply to Tony since he asked… ☺ 
 

Joe Cohen
Project Manager
Ohio Cultural Facilities Commission
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416

Telephone: 614-728-8931
Fax: 614-752-2775

e-mail: jcohen@culture.ohio.gov

website: www.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. 
From: Barbara Witt
Sent: Tuesday, March 18, 2008 2:54 PM
To: Joe Cohen
Subject: RE: Mechanic's Liens

Ask Tom. 
 

28
Barbara Witt
Manager of Project Services
Ohio Cultural Facilities Commission
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416

Telephone: 614-728-8923
Fax: 614-752-2775
e-mail: bwitt@culture.ohio.gov
website: www.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.

 
From: GDowdell@nurfc.org [mailto:GDowdell@nurfc.org]
Sent: Friday, March 14, 2008 12:51 PM
To: Tony Capaci
Cc: Barbara Witt
Subject: RE: Mechanic's Liens

Tony,

Any word ?

Gary

"Tony Capaci" <tcapaci@culture.ohio.gov> To <GDowdell@nurfc.org>

cc "Barbara Witt" <bwitt@culture.ohio.gov>
02/11/2008 04:56 PM Subject RE: Mechanic's Liens

Hi Gary,
I’ll bring the issue up with Barbara. The challenge I see is that we will require a title opinion letter on your attorney’s
letterhead. If he feels comfortable signing that letter I would guess we would not have a problem with it. But like I said, I
will discuss it with Barbara. I’ve attached a copy of the opinion letter so your attorney can review it and give you his
thoughts.
Thanks,
Tony

From: GDowdell@nurfc.org [mailto:GDowdell@nurfc.org]

Sent: Monday, February 11, 2008 4:51 PM
To: Tony Capaci
Cc: DMurphy@nurfc.org
Subject: Fw: Mechanic's Liens

Tony,

Hope all is well with you.

29
Please see the attached from our lawyer, who's dealing with our lien issues. Specifically with respect to H. Berry, who
apparently is no longer in business. Can we dispense with the H. Berry lien issue on a technicality ?

Gary
----- Forwarded by Gary Dowdell/NURFC on 02/11/2008 04:45 PM -----
"Griffith Jr., Stephen M." <griffith@taftlaw.com>

To <gdowdell@nurfc.org>
02/11/2008 04:26 PM
cc

Subject Mechanic's Liens

Gary:

I received back from the Cuyahoga County Sheriff a receipt for delivery of certified mail showing that the agent for Forest
City Erectors, Inc. received its notice to commence suit on February 1, 2008. Therfore, if Forest City does not commence
suit to enforce the lien by April 1, 2008, by operation of Section 1311.11, Ohio Revised Code, the lien shall no longer
affect the Freedom Center's property.

I have not received anything back from the Hamilton County Sheriff regarding the Notice to H. Berry, Inc. I am following up
to verify that the Sheriff served it. I note, however, that the Secretary of State of Ohio cancelled the corporate charter of H.
Berry, Inc. for failure to maintain a statutory agent, and on December 26, 2006 for failure to file franchise tax returns or to
pay franchise tax. Since August, 2004, therefore, H. Berry, Inc. has not been in existence so that it could file suit against
the Freedom Center to enforce its lien claim.

You may want to convey this information to the Cultural Facilities Commission to see if it will relax a little.

Please let me know if you wish to discuss further. Thank you.

Steve Griffith

Stephen M. Griffith Jr. / Attorney

Taft Stettinius & Hollister LLP
425 Walnut Street, Suite 1800

Taft / Cincinnati, Ohio 45202-3957

Tel: 513.381.2838 • Fax: 513.381.0205
Direct: 513.357.9312
www.taftlaw.com / griffith@taftlaw.com

Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to
federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and
30
cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or
recommending to another party any transaction or matter addressed herein.

This message may contain information that is attorney-client privileged, attorney work product or otherwise confidential. If
you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in
error, please notify the sender by reply e-mail and delete the message and any attachments.
### ### ###

31
Joe Cohen
From: Joe Cohen
Sent: Tuesday, March 18, 2008 2:55 PM
To: Barbara Witt
Subject: RE: Mechanic's Liens

Tracking:
Tracking Recipient Read
Barbara Witt Read: 3/18/2008 2:58 PM

You might want to reply to Tony since he asked… ☺ 
 

Joe Cohen
Project Manager
Ohio Cultural Facilities Commission
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416

Telephone: 614-728-8931
Fax: 614-752-2775

e-mail: jcohen@culture.ohio.gov

website: www.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. 
From: Barbara Witt
Sent: Tuesday, March 18, 2008 2:54 PM
To: Joe Cohen
Subject: RE: Mechanic's Liens

Ask Tom. 
 

Barbara Witt
Manager of Project Services
Ohio Cultural Facilities Commission
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416

Telephone: 614-728-8923
Fax: 614-752-2775
e-mail: bwitt@culture.ohio.gov
website: www.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.

 
From: GDowdell@nurfc.org [mailto:GDowdell@nurfc.org]
Sent: Friday, March 14, 2008 12:51 PM
To: Tony Capaci
Cc: Barbara Witt
Subject: RE: Mechanic's Liens
32
Tony,

Any word ?

Gary

"Tony Capaci" <tcapaci@culture.ohio.gov> To <GDowdell@nurfc.org>

cc "Barbara Witt" <bwitt@culture.ohio.gov>
02/11/2008 04:56 PM Subject RE: Mechanic's Liens

Hi Gary,
I’ll bring the issue up with Barbara. The challenge I see is that we will require a title opinion letter on your attorney’s
letterhead. If he feels comfortable signing that letter I would guess we would not have a problem with it. But like I said, I
will discuss it with Barbara. I’ve attached a copy of the opinion letter so your attorney can review it and give you his
thoughts.
Thanks,
Tony

From: GDowdell@nurfc.org [mailto:GDowdell@nurfc.org]

Sent: Monday, February 11, 2008 4:51 PM
To: Tony Capaci
Cc: DMurphy@nurfc.org
Subject: Fw: Mechanic's Liens

Tony,

Hope all is well with you.

Please see the attached from our lawyer, who's dealing with our lien issues. Specifically with respect to H. Berry, who
apparently is no longer in business. Can we dispense with the H. Berry lien issue on a technicality ?

Gary
----- Forwarded by Gary Dowdell/NURFC on 02/11/2008 04:45 PM -----
"Griffith Jr., Stephen M." <griffith@taftlaw.com>

To <gdowdell@nurfc.org>
02/11/2008 04:26 PM
cc

Subject Mechanic's Liens

33
Gary:

I received back from the Cuyahoga County Sheriff a receipt for delivery of certified mail showing that the agent for Forest
City Erectors, Inc. received its notice to commence suit on February 1, 2008. Therfore, if Forest City does not commence
suit to enforce the lien by April 1, 2008, by operation of Section 1311.11, Ohio Revised Code, the lien shall no longer
affect the Freedom Center's property.

I have not received anything back from the Hamilton County Sheriff regarding the Notice to H. Berry, Inc. I am following up
to verify that the Sheriff served it. I note, however, that the Secretary of State of Ohio cancelled the corporate charter of H.
Berry, Inc. for failure to maintain a statutory agent, and on December 26, 2006 for failure to file franchise tax returns or to
pay franchise tax. Since August, 2004, therefore, H. Berry, Inc. has not been in existence so that it could file suit against
the Freedom Center to enforce its lien claim.

You may want to convey this information to the Cultural Facilities Commission to see if it will relax a little.

Please let me know if you wish to discuss further. Thank you.

Steve Griffith

Stephen M. Griffith Jr. / Attorney

Taft Stettinius & Hollister LLP
425 Walnut Street, Suite 1800

Taft / Cincinnati, Ohio 45202-3957

Tel: 513.381.2838 • Fax: 513.381.0205
Direct: 513.357.9312
www.taftlaw.com / griffith@taftlaw.com

Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to
federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or
recommending to another party any transaction or matter addressed herein.

This message may contain information that is attorney-client privileged, attorney work product or otherwise confidential. If
you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in
error, please notify the sender by reply e-mail and delete the message and any attachments.
### ### ###

34
Joe Cohen
From: Barbara Witt
Sent: Tuesday, March 18, 2008 2:54 PM
To: Joe Cohen
Subject: RE: Mechanic's Liens

Ask Tom. 
 

Barbara Witt
Manager of Project Services
Ohio Cultural Facilities Commission
20 E. Broad Street, Suite 200
Columbus, OH 43215-3416

Telephone: 614-728-8923
Fax: 614-752-2775
e-mail: bwitt@culture.ohio.gov
website: www.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.

 
From: GDowdell@nurfc.org [mailto:GDowdell@nurfc.org]
Sent: Friday, March 14, 2008 12:51 PM
To: Tony Capaci
Cc: Barbara Witt
Subject: RE: Mechanic's Liens

Tony,

Any word ?

Gary

"Tony Capaci" <tcapaci@culture.ohio.gov> To <GDowdell@nurfc.org>

cc "Barbara Witt" <bwitt@culture.ohio.gov>
02/11/2008 04:56 PM Subject RE: Mechanic's Liens

Hi Gary,
I’ll bring the issue up with Barbara. The challenge I see is that we will require a title opinion letter on your attorney’s
letterhead. If he feels comfortable signing that letter I would guess we would not have a problem with it. But like I said, I
will discuss it with Barbara. I’ve attached a copy of the opinion letter so your attorney can review it and give you his
thoughts.
Thanks,
Tony

35
From: GDowdell@nurfc.org [mailto:GDowdell@nurfc.org]
Sent: Monday, February 11, 2008 4:51 PM
To: Tony Capaci
Cc: DMurphy@nurfc.org
Subject: Fw: Mechanic's Liens

Tony,

Hope all is well with you.

Please see the attached from our lawyer, who's dealing with our lien issues. Specifically with respect to H. Berry, who
apparently is no longer in business. Can we dispense with the H. Berry lien issue on a technicality ?

Gary
----- Forwarded by Gary Dowdell/NURFC on 02/11/2008 04:45 PM -----
"Griffith Jr., Stephen M." <griffith@taftlaw.com>

To <gdowdell@nurfc.org>
02/11/2008 04:26 PM
cc

Subject Mechanic's Liens

Gary:

I received back from the Cuyahoga County Sheriff a receipt for delivery of certified mail showing that the agent for Forest
City Erectors, Inc. received its notice to commence suit on February 1, 2008. Therfore, if Forest City does not commence
suit to enforce the lien by April 1, 2008, by operation of Section 1311.11, Ohio Revised Code, the lien shall no longer
affect the Freedom Center's property.

I have not received anything back from the Hamilton County Sheriff regarding the Notice to H. Berry, Inc. I am following up
to verify that the Sheriff served it. I note, however, that the Secretary of State of Ohio cancelled the corporate charter of H.
Berry, Inc. for failure to maintain a statutory agent, and on December 26, 2006 for failure to file franchise tax returns or to
pay franchise tax. Since August, 2004, therefore, H. Berry, Inc. has not been in existence so that it could file suit against
the Freedom Center to enforce its lien claim.

You may want to convey this information to the Cultural Facilities Commission to see if it will relax a little.

Please let me know if you wish to discuss further. Thank you.

Steve Griffith

Stephen M. Griffith Jr. / Attorney

Taft Stettinius & Hollister LLP
425 Walnut Street, Suite 1800

Taft / Cincinnati, Ohio 45202-3957

36
 Tel: 513.381.2838 • Fax: 513.381.0205
Direct: 513.357.9312
www.taftlaw.com / griffith@taftlaw.com

Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to
federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or
recommending to another party any transaction or matter addressed herein.

This message may contain information that is attorney-client privileged, attorney work product or otherwise confidential. If
you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in
error, please notify the sender by reply e-mail and delete the message and any attachments.
### ### ###

37