11-Kfoxemailsearc Results NURFCkeyword

Kathy Fox
From: DMurphy@nurfc.org
Sent: Tuesday, January 04, 2011 12:08 PM
To: Kathy Fox
Subject: RE: Your note to Jeff Rohr.....
Return Receipt

Your RE: Your note to Jeff Rohr.....
document:

was DMurphy@nurfc.org
received
by:

at: 01/04/2011 12:05:17 PM

1
Kathy Fox
From: Tony Capaci
Sent: Tuesday, January 04, 2011 9:13 AM
To: Kathy Fox
Cc: Chris Bruner; National Underground Railroad Freedom Center (594@ocfcsp.oasfc.local)
Subject: FW: NURFC -- Staff adjusted cash flow RE: NURFC follow up documents
Attachments: 2011 Cash Flow Projection for OCFC based on 12-10 BOD Budget w staff adjustments in
blue.xlsx
Follow Up Flag: Follow up

Flag Status: Flagged
Kathy,
Attached is a revised NURFC cash flow for FYE 2011 and BOD approved budget. The cash flow as presented by the
Freedom Center includes the release of the escrow. Chris then added a section which takes the escrow out per our
recommendation and recalculated the numbers.
Would you like me to send this to Craig and Otto?
Let me know
Thanks,

From: Chris Bruner
To: Tony Capaci
Subject: FW: NURFC -- Staff adjusted cash flow RE: NURFC follow up documents
Tony:

Attached is an updated spreadsheet in which the OCFC escrow is not returned to the Sponsor. Also, I have shown the
net monthly cash flow and double checked the Sponsor’s calculations.

Note: All of my adjustments are made in the blue‐colored section at the bottom of the sheet.

Thanks,
‐‐CB

Chris Bruner
Financial Analyst
Ohio Cultural Facilities Commission
100 E. Broad Street, Suite 300
Columbus, OH 43215‐3661

Office: (614)752‐2774
E‐mail: cbruner@culture.ohio.gov
Website: http://culture.ohio.gov/

Building Culture in Ohio's Communities: 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.

2
From: Chris Bruner
To: Tony Capaci
Subject: NURFC -- Staff adjusted cash flow RE: NURFC follow up documents
Tony:

Attached is an updated spreadsheet in which the OCFC escrow is not returned to the Sponsor. Also, I have shown the
net monthly cash flow and double checked the Sponsor’s calculations.

Thanks,
‐‐CB

Chris Bruner
Financial Analyst

Office: (614)752‐2774


From: Tony Capaci
To: Chris Bruner
Subject: FW: NURFC follow up documents

From: BReece@nurfc.org [mailto:BReece@nurfc.org]
Sent: Monday, January 03, 2011 5:41 PM
To: Tony Capaci
Cc: DMurphy@nurfc.org
Subject: NURFC follow up documents
Tony,
Attached is the approved budget per the NURFC 12-10 Board meeting. It includes a revised cash flow for 2011 and
statement of activities based on the budget that was approved by the Board. I will be forwarding on a new cash flow
statement tomorrow that includes a projection for 2012 without Federalization.
3
Thank you,
4
Kathy Fox
From: Kathy Fox
To: 'Craig A. Marshall/SOhioKentuckyIndiana/AUDIT/EYLLP/US'
Subject: Accepted: Invitation: Call with Kathy Fox re: NURFC (Jan 6 03:00 PM EST in Kathy to call
Craig at 937-673-5502)
5
Kathy Fox
Subject: Invitation: Call with Kathy Fox re: NURFC (Jan 6 03:00 PM EST in Kathy to call Craig at
937-673-5502)
Location: Kathy to call Craig at 937-673-5502
Start: Thu 1/6/2011 3:00 PM

End: Thu 1/6/2011 3:15 PM
Recurrence: (none)
Meeting Status: Accepted
Organizer: Craig A. Marshall/SOhioKentuckyIndiana/AUDIT/EYLLP/US
Description
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6
Kathy Fox
From: Margie.Gertner@ey.com
To: Kathy Fox
Subject: RE: More on NURFC
You can call Craig on his cell phone: 937-673-5502. He will be in the car returning from a meeting in Cleveland.
Thanks and Happy New Year to you too!
Margie
Marjorie S. Gertner | Columbus Location Manager and Exec. Asst. to Managing Partner |
Enterprise Support Services
Ernst & Young LLP
1100 Huntington Center, 41 S. High Street, Columbus, Ohio 43215, United States of America
Direct: +1 614 232 7140 | Fax: +1-866-281-8696 | margie.gertner@ey.com
EY/Comm: 2565488
Website: www.ey.com
Thank you for considering the environmental impact of printing emails.
From: "Kathy Fox" <KFox@culture.ohio.gov>

To: <Margie.Gertner@ey.com>
Date: 01/03/2011 02:25 PM
Margie,
Yes, 3 PM on Thursday 1/6 is great. What number should I call?

Hope you had good holidays.

Thanks and Happy New Year,
Kathy

Kathleen M. Fox, FASLA
Executive Director
Columbus, OH 43215-3661
Vox: 614.752.2770
Fax: 614-752-2775
e-mail: kfox@culture.ohio.gov
kfox@post.harvard.edu
visit our website: www.culture.ohio.gov
Building Culture in Ohio's Communities: 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
7
Commission or to learn how we can assist your cultural facility project.

From: Margie.Gertner@ey.com [mailto:Margie.Gertner@ey.com]
To: Kathy Fox
Subject: Re: More on NURFC
Hi Kathy,
Would you be available for a call this Thursday, Jan. 6 at 3:00 or 3:30p or Friday, Jan. 7 at 1:00p Let me know.
Thanks.
Margie
Ernst & Young LLP
EY/Comm: 2565488
Website: www.ey.com

To: <CRAIG.MARSHALL@ey.com>
Cc: <Margie.Gertner@ey.com>
Date: 12/30/2010 07:38 PM
Subject: More on NURFC

Craig,
Sorry to bother you on your vacation. I wanted you to see the message, below, from John Pepper (Proctor & Gamble CEO‐emeritus
and chairman of the National Underground Freedom Center board).

Margie Gertner said she sent with you on your trip a copy of our draft staff report on the Freedom Center. The draft staff report
contains the staff recommendation about releasing an $850K appropriation ONLY if it is fully guaranteed, if we continue to hold a
$460K escrow, and if the Freedom Center provides a fallback business plan showing how they would continue to operate if
federalization doesn’t occur. In the message below Mr. Pepper is expressing his opinion about why the $460K escrow should be
released in addition to the $850K appropriation (with a guaranty he is willing to make). I am hoping to have an opportunity to talk
with you next week to get your read on the staff recommendations and also on Mr. Pepper’s request that the escrow be returned to
the Freedom Center.

I am meeting with Chairman Budig the second week in January to set the agenda for our February 8 Commission meeting. Your
feedback regarding the draft staff recommendations on the Freedom Center would be very helpful.
8

I’m cc’ing Margie on this email so that we might be able to identify a time on your calendar for a brief telephone call (10‐15 min.) on
this subject in early January. The key questions relate to the staff recommendations and whether you agree with them, see room
for improvement, or identify points we need to research further.

Thanks, and Happy New Year!

Kathy

Executive Director
Vox: 614.752.2770
Cell: 614-738-3553
Fax: 614-752-2775

From: jepepjr@aol.com [mailto:jepepjr@aol.com]

Sent: Thursday, December 30, 2010 11:23 AM
To: Kathy Fox
Cc: dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.com
Subject: Your note to Jeff Rohr.....
Kathy,
I saw a copy of your note to Jeff Rohr. We have little choice but to accept your point of view on this and I’ll go
ahead to sign the papers as you have given them to me.
I hope now that, as the office re-opens, we’ll be able to come to grips with the issue of my being able to also
guarantee the other $450,000. My guarantee on this will be total, and it will be on the same terms that apply to
the $850,000 and, to repeat, the availability of these funds as crucial to giving us the “running room” to get to
the point in time where we hope and expect Federalization funds to be available. Don will be separately
sending you the back-up business plan that you’ve requested in the event Federalization does not take place. To
be absolutely clear with you, this institution and mission are far too important to put all our eggs in that basket,
even as we continue to be hopeful of it coming through and even as it remains our #1 priority by far.
John E. Pepper
________________________________________________________________________
9
________________________________________________________________________
10
Kathy Fox
From: Kathy Fox
To: 'Margie.Gertner@ey.com'
Margie,
Yes, 3 PM on Thursday 1/6 is great. What number should I call?

Hope you had good holidays.

Thanks and Happy New Year,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

From: Margie.Gertner@ey.com [mailto:Margie.Gertner@ey.com]
To: Kathy Fox
Hi Kathy,
Thanks.
Margie
Ernst & Young LLP
EY/Comm: 2565488
Website: www.ey.com
11
Date: 12/30/2010 07:38 PM
Craig,

the Freedom Center.




Kathy

Executive Director
Vox: 614.752.2770
Cell: 614-738-3553
Fax: 614-752-2775

To: Kathy Fox
Kathy,
12
John E. Pepper
________________________________________________________________________
13
Kathy Fox
From: Margie.Gertner@ey.com
To: Kathy Fox
Hi Kathy,
Thanks.
Margie
Ernst & Young LLP
EY/Comm: 2565488
Website: www.ey.com

Date: 12/30/2010 07:38 PM
Craig,

the Freedom Center.


14


Kathy

Executive Director
Vox: 614.752.2770
Cell: 614-738-3553
Fax: 614-752-2775

To: Kathy Fox
Kathy,
John E. Pepper
________________________________________________________________________
15
16
Kathy Fox
From: Kathy Fox
Sent: Monday, January 03, 2011 9:12 AM
To: Michelle Chippas
Subject: Accepted: Review Public Records Request for NURFC
17
Kathy Fox
Subject: Review Public Records Request for NURFC
Location: Large conference room
Start: Mon 1/3/2011 11:00 AM

End: Mon 1/3/2011 11:30 AM
Recurrence: (none)
Organizer: Michelle Chippas

Required Attendees: Kathy Fox; Dave Wartel; Keith Wiley; Tony Capaci
18
Kathy Fox
From: CRAIG.MARSHALL@ey.com
Sent: Friday, December 31, 2010 12:14 PM
To: Kathy Fox
I will look at. Look forward to catching up. Happy New Year
-----------------
Craig A. Marshall
Ernst & Young
Columbus Office Managing Partner
(614) 232-7450 Office
(937) 673-5502 Cell
From: "Kathy Fox" [KFox@culture.ohio.gov]

Sent: 12/30/2010 07:35 PM EST
To: Craig Marshall
Cc: Margie Gertner
Craig,
Sorry to bother you on your vacation. I wanted you to see the message, below, from John Pepper (Proctor &
Gamble CEO-emeritus and chairman of the National Underground Freedom Center board).
Margie Gertner said she sent with you on your trip a copy of our draft staff report on the Freedom Center. The
draft staff report contains the staff recommendation about releasing an $850K appropriation ONLY if it is fully
guaranteed, if we continue to hold a $460K escrow, and if the Freedom Center provides a fallback business
plan showing how they would continue to operate if federalization doesn’t occur. In the message below Mr.
Pepper is expressing his opinion about why the $460K escrow should be released in addition to the $850K
appropriation (with a guaranty he is willing to make). I am hoping to have an opportunity to talk with you next
week to get your read on the staff recommendations and also on Mr. Pepper’s request that the escrow be
returned to the Freedom Center.
I am meeting with Chairman Budig the second week in January to set the agenda for our February 8
Commission meeting. Your feedback regarding the draft staff recommendations on the Freedom Center would
be very helpful.
I’m cc’ing Margie on this email so that we might be able to identify a time on your calendar for a brief
telephone call (10-15 min.) on this subject in early January. The key questions relate to the staff
recommendations and whether you agree with them, see room for improvement, or identify points we need to
research further.
Kathy

Executive Director
19
Vox: 614.752.2770
Cell: 614-738-3553
Fax: 614-752-2775

To: Kathy Fox
Kathy,
John E. Pepper
________________________________________________________________________
20
21
Kathy Fox
From: Kathy Fox
Sent: Thursday, December 30, 2010 8:23 PM
To: 'obudig@parsecinc.com'
Subject: More on Freedom Center 12/30/10
Dear Otto:
FYI, please see the email thread below for the latest correspondence with John Pepper regarding the Freedom Center.
Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

From: Kathy Fox
To: 'jepepjr@aol.com'
Cc: dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.com; Chris Bruner; Tony Capaci; Amy Rice; National
Underground Railroad Freedom Center (594@ocfcsp.oasfc.local)
John,
Thank you for your note regarding the guaranty. We’ll look forward to receiving the documents.

Regarding your request for release of the escrow funds in addition to the $850K appropriation, this issue is under review
by the Commission’s Treasurer as he reviews our draft staff report on the Freedom Center. Our Treasurer is an
uncompensated Commission Member; he is on a family trip over the holidays, one that I am certain is well deserved
given his many business and civic responsibilities. We expect to receive his feedback next week and we will be back in
touch with you after that. In the meantime, we will look forward to receiving the back‐up business plan from Don and
updated cash flow projections from Ben. Our staff will begin its review immediately upon receipt, as we have done with
all prior information.

Thank you again for your note.

With my very best wishes for the new year,

Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
22

Sent: Tuesday, December 28, 2010 12:11 PM
To: Kathy Fox
Cc: jepepjr@aol.com
Subject: Contractual Papers....
(Dictated but not read by John Pepper)

-------------------------
Dear Kathy,
I just want you to know that I’ll be getting the contractual papers you sent me back to the appropriate office
early the week of January 10. I’ll mail out the week prior to that. My lawyer has raised one, I think relatively
minor, question with your staff.
I’m assuming you’ll let Tom and Ben know if there are any “missing pieces” as far as you’re concerned,
preparing for the review with your committee in February.
Also, and very importantly, I would like to process the additional $450,000 at that same time. I think you have
my earlier e-mail. My wife and I will guarantee that. Given that, I don’t think you will be incurring any risk.
Furthermore, as pointed out and I think Ben will be getting back to you, our latest cash flow numbers show that
$450,000 as being vital to carrying us through to the point where we believe Federalization funds will be
available.
Feel free to give me a call if any part of this is something that would benefit from our talking.
Best regards,
John Pepper
(513) 293-7474

To: Kathy Fox
Kathy,
23
John E. Pepper
From: Kathy Fox

Sent: Wednesday, December 29, 2010 6:52 AM
To: Rohr, Jeffrey L.; jepepjr@aol.com
Cc: Tony Capaci; Chris Bruner; 594@ocfcsp.oasfc.local; dmurphy@nurfc.org; Donald's Yahoo; BReece@nurfc.org; Amy
Rice
Subject: RE: Contractual Papers....
Jeff,
Thank you for forwarding to me your email from Monday. Since your original email went to a staff member and our
office is closed this week for mandatory Cost Savings furlough days, I had no other way of obtaining a copy of your email
this week; It was helpful that you were able to forward it to me.

I sent your comments to our legal counsel on Tuesday. He informs me that the language changes you suggested for the
guaranty document would alter the Commission’s ability to collect timely, should the guaranty need to be called in. He
also notes that the contract language for which changes are now suggested is part of the standard form document that
was sent out initially for review six weeks ago, and further, the language is typical for financial guaranties. He is unable
to recommend to the Commission that the standard document be changed to reflect the suggestions you forwarded.

Sincerely,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

From: Rohr, Jeffrey L. [mailto:JRohr@Graydon.com]
To: Kathy Fox; jepepjr@aol.com
Cc: Tony Capaci; Chris Bruner; 594@ocfcsp.oasfc.local; dmurphy@nurfc.org; Donald's Yahoo; BReece@nurfc.org
Kathy,
I have attached the Letter (with comments) that I sent yesterday. Please contact me with any questions.
Jeff Rohr
Graydon Head & Ritchey LLP
1900 Fifth Third Center
511 Walnut Street
Cincinnati, Ohio 45202
Phone: (513) 629-2852
24
Fax: (513) 651-3836
E-mail: Jrohr@graydon.com
The following information is from the law firm of Graydon Head & Ritchey LLP and may be protected by attorney/client
privilege. If you believe it has been sent to you in error, do not read it. Please reply to the sender that you have received
the message in error, then delete the message.
Do not retain a copy. Thank you.
**********************************
12-28-10
From: Kathy Fox [mailto:KFox@culture.ohio.gov]

To: jepepjr@aol.com
Cc: Tony Capaci; Chris Bruner; 594@ocfcsp.oasfc.local; Rohr, Jeffrey L.; dmurphy@nurfc.org; Donald's Yahoo;
BReece@nurfc.org
Dear John,
Yes, I received your email of 12/24/10 at 5:30 PM. As mentioned in a prior email, our office is closed for mandatory Cost
Savings furlough days this week. The office will reopen on Monday 1/3/2011. Could you please have your attorney
forward his question to me since my staff is not available this week? I will be speaking with our legal counsel this
afternoon, so if there is a new question it would be helpful for me to know what it is today.

The status of the Freedom Center project review remains unchanged from my last email: our Commission Treasurer is
reviewing the Commission staff’s draft report. I expect the Treasurer’s feedback next week. On Monday when our
office reopens and Tony Capaci is available, he can review any new information that Ben may have provided.

Best regards,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

25
Kathy Fox
From: Administrator
To: Kathy Fox
Subject: Delivery Status Notification (Relay)
Attachments: ATT05771.txt; RE: Your note to Jeff Rohr.....
This is an automatically generated Delivery Status Notification.

Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.

jepepjr@aol.com
dmurphy@nurfc.org
BReece@nurfc.org
robinson.kb.1@pg.com

26
Kathy Fox
From: Kathy Fox
Cc: dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.com; Chris Bruner; Tony Capaci;
Amy Rice; National Underground Railroad Freedom Center (594@ocfcsp.oasfc.local)
Tracking:
Tracking Recipient Delivery
'jepepjr@aol.com'
dmurphy@nurfc.org
BReece@nurfc.org
Chris Bruner Delivered: 12/30/2010 8:09 PM
Tony Capaci Delivered: 12/30/2010 8:09 PM
Amy Rice Delivered: 12/30/2010 8:09 PM
National Underground Railroad Freedom Center
(594@ocfcsp.oasfc.local)
John,
Thank you for your note regarding the guaranty. We’ll look forward to receiving the documents.

Regarding your request for release of the escrow funds in addition to the $850K appropriation, this issue is under review
by the Commission’s Treasurer as he reviews our draft staff report on the Freedom Center. Our Treasurer is an
uncompensated Commission Member; he is on a family trip over the holidays, one that I am certain is well deserved
given his many business and civic responsibilities. We expect to receive his feedback next week and we will be back in
touch with you after that. In the meantime, we will look forward to receiving the back‐up business plan from Don and
updated cash flow projections from Ben. Our staff will begin its review immediately upon receipt, as we have done with
all prior information.

Thank you again for your note.

With my very best wishes for the new year,

Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
27
Kathy,
John E. Pepper
28
Kathy Fox
From: Kathy Fox
To: 'CRAIG.MARSHALL@ey.com'
Cc: 'Margie.Gertner@ey.com'
Craig,
Sorry to bother you on your vacation. I wanted you to see the message, below, from John Pepper (Proctor & Gamble
CEO‐emeritus and chairman of the National Underground Freedom Center board).

Margie Gertner said she sent with you on your trip a copy of our draft staff report on the Freedom Center. The draft
staff report contains the staff recommendation about releasing an $850K appropriation ONLY if it is fully guaranteed, if
we continue to hold a $460K escrow, and if the Freedom Center provides a fallback business plan showing how they
would continue to operate if federalization doesn’t occur. In the message below Mr. Pepper is expressing his opinion
about why the $460K escrow should be released in addition to the $850K appropriation (with a guaranty he is willing to
make). I am hoping to have an opportunity to talk with you next week to get your read on the staff recommendations
and also on Mr. Pepper’s request that the escrow be returned to the Freedom Center.

I am meeting with Chairman Budig the second week in January to set the agenda for our February 8 Commission
meeting. Your feedback regarding the draft staff recommendations on the Freedom Center would be very helpful.

I’m cc’ing Margie on this email so that we might be able to identify a time on your calendar for a brief telephone call (10‐
15 min.) on this subject in early January. The key questions relate to the staff recommendations and whether you agree
with them, see room for improvement, or identify points we need to research further.


Kathy

Executive Director
Vox: 614.752.2770
Cell: 614-738-3553
Fax: 614-752-2775

To: Kathy Fox
Kathy,
29
John E. Pepper
30
Kathy Fox
From: Kathy Fox
To: Chris Bruner; Tony Capaci
Cc: Amy Rice; National Underground Railroad Freedom Center (594@ocfcsp.oasfc.local)
Subject: FW: Your note to Jeff Rohr.....
Tracking:

To: Kathy Fox
Kathy,
John E. Pepper
31
Kathy Fox
To: jepepjr@aol.com
Cc: National Underground Railroad Freedom Center (594@ocfcsp.oasfc.local)
John,
Thanks for your note. I hope to be able to speak with our Commission Treasurer next week after his return from his
holiday vacation. My understanding is that he is reviewing the draft staff report on the Freedom Center. Since he is a
volunteer, however, I am not in control of his schedule.

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Kathy,
John E. Pepper
32
Kathy Fox
To: CRAIG.MARSHALL@ey.com
Subject: more on the Freedom Center
Craig,
Sorry to bother you with this while you are on vacation, but I thought the information below would be an important
update to the draft Project Analysis and Staff Report you’re reviewing for the National Underground Railroad Freedom
Center (NURFC). I’ve been receiving multiple emails per week from John Pepper, CEO‐emeritus of Proctor & Gamble and
board chairman of NURFC, in spite of my messages to him that the office is closed for cost savings furlough days this
week and the draft staff report regarding NURFC is under review by our Sec/Treasurer. Mr. Pepper wants the
Commission to approve both the $850K capital appropriation as well as releasing the approx $460K we hold in escrow in
the event that NURFC fails financially. The draft staff report recommends Commission approval of the $850K, but only if
it is guaranteed (Mr. Pepper has agreed to do this) and if we continue to hold the $450K in escrowed funds, which would
be used to insure,

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Kathy,
John E. Pepper
33
Kathy Fox
From: jepepjr@aol.com
To: Kathy Fox
Kathy,
John E. Pepper
34
Kathy Fox
From: BReece@nurfc.org
To: Kathy Fox
Return Receipt

Your RE: Contractual Papers....
document:

was BReece@nurfc.org
received
by:

at: 12/29/2010 09:37:07 AM

35
Kathy Fox
From: Administrator
To: Kathy Fox
Attachments: ATT05155.txt; RE: Contractual Papers....


donmurphy10850@yahoo.com
jepepjr@aol.com
dmurphy@nurfc.org
BReece@nurfc.org
JRohr@Graydon.com

36
Kathy Fox
To: Kathy Fox
Subject: AUTO: Don Murphy is out of the office (returning 01/04/2011)

I am out of the office until 01/04/2011.

Note: This is an automated response to your message "RE: Contractual Papers...." sent on
12/28/2010 12:34:13 PM.

This is the only notification you will receive while this person is away.

37
Kathy Fox
From: Kathy Fox
To: 'Tom Rocco'
Subject: FW: Contractual Papers....
Attachments: Pepper changes.PDF

From: Rohr, Jeffrey L. [mailto:JRohr@Graydon.com]
Cc: Tony Capaci; Chris Bruner; 594@ocfcsp.oasfc.local; dmurphy@nurfc.org; Donald's Yahoo; BReece@nurfc.org
Kathy,
Jeff Rohr
511 Walnut Street
Phone: (513) 629-2852
Fax: (513) 651-3836
**********************************
12-28-10

To: jepepjr@aol.com
BReece@nurfc.org
Dear John,

38

Best regards,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Cc: jepepjr@aol.com

-------------------------
Dear Kathy,
available.
Best regards,
John Pepper
(513) 293-7474
39
Kathy Fox
From: Rohr, Jeffrey L. [JRohr@Graydon.com]
Cc: Tony Capaci; Chris Bruner; 594@ocfcsp.oasfc.local; dmurphy@nurfc.org; Donald's Yahoo;
BReece@nurfc.org
Attachments: Pepper changes.PDF
Kathy,
Jeff Rohr
511 Walnut Street
Phone: (513) 629-2852
Fax: (513) 651-3836
**********************************
12-28-10

To: jepepjr@aol.com
BReece@nurfc.org
Dear John,


Best regards,
Kathy

40
Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Cc: jepepjr@aol.com

-------------------------
Dear Kathy,
available.
Best regards,
John Pepper
(513) 293-7474
41
Kathy Fox
From: Administrator
To: Kathy Fox
Attachments: ATT04869.txt; RE: Contractual Papers....


jepepjr@aol.com
dmurphy@nurfc.org
BReece@nurfc.org
JRohr@Graydon.com

42
Kathy Fox
From: Kathy Fox
Cc: Tony Capaci; Chris Bruner; National Underground Railroad Freedom Center (594
@ocfcsp.oasfc.local); 'JRohr@Graydon.com'; <dmurphy@nurfc.org>; 'Donald's Yahoo';
BReece@nurfc.org
Tracking:
'jepepjr@aol.com'
'JRohr@Graydon.com'
<dmurphy@nurfc.org>
'Donald's Yahoo'
BReece@nurfc.org
Dear John,


Best regards,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
43
Cc: jepepjr@aol.com

-------------------------
Dear Kathy,
available.
Best regards,
John Pepper
(513) 293-7474
44
Kathy Fox
From: Kathy Fox
Sent: Monday, December 27, 2010 5:10 PM
Subject: latest message from John Pepper re: Freedom Center
Dear Otto:
FYI, please see below for the most recent message from John Pepper on the Freedom Center. I am not planning to make
an additional response to John at this time since we are waiting for Commission Treasurer Craig Marshall to provide
feedback on the staff report about the Freedom Center, and Tony Capaci is on vacation until Jan. 3 (as are all of our staff
members due to Cost Savings furlough days this week). Early next week I expect to receive Craig Marshall’s feedback
and will have an opportunity to discuss the situation further with Tony Capaci. I’ll keep you informed of the status.

Happy New Year!

Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

Sent: Friday, December 24, 2010 5:10 AM
To: Kathy Fox
Cc: dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.com; jake1@fuse.net; jepepjr@aol.com
Subject: Fwd: Freedom Center - Guarantee....
Kathy,
As Don says, the latest cash flow sheet which we have all been over meticulously does show the escrowed $450,000 and
Ben Reece will be getting that to you not later than mid-next week. My guarantee and that of my wife for the $450,000 as
well as the $850,000 should give you and your staff the assurance you want that in the eventuality of the Freedom
Center's not continuing in operation, an eventuality that we are absolutely committed to NOT happening, you would have
funds to maintain it, etc. This $450,000 is critical to taking us to the end of 2011 and maybe early 2012, the timing on
which we are aiming for Federal funds to be available. I would be delighted to talk this with you or members of your staff.
Have a good holiday.
John
-----Original Message-----
From: Donald's Yahoo <donmurphy10850@yahoo.com>
To: Kathy Fox <KFox@culture.ohio.gov>
45
Cc: <jepepjr@aol.com> <jepepjr@aol.com>; <dmurphy@nurfc.org> <dmurphy@nurfc.org>; Tony Capaci
<tcapaci@culture.ohio.gov>; Chris Bruner <cbruner@culture.ohio.gov>; AmyRice <ARice@culture.ohio.gov>;
<594@ocfcsp.oasfc.local> <594@ocfcsp.oasfc.local>; Ken Robinson <robinson.kb.1@pg.com>
Sent: Wed, Dec 22, 2010 4:15 pm
Subject: Re: Freedom Center - Guarantee....
Kathy
Thanks for your response to John's note. If Ben's cash flow did not show the escrowed amount it should have. In addition,
based on our last phone conversation, I believe we shoild have the opportunity to respond to the staff report. This in light
of the fact we have made significant budget adjustments that will give us a strong option for sustainability without
federalization.
I look forward to discussing this further after the first of the new year.
Have a Meery Christmas and a very prosperous New Year.
Warm regards,
Don
No greater love hath a man than this: to lay down his life for his friends.
On Dec 22, 2010, at 14:54, "Kathy Fox" <KFox@culture.ohio.gov> wrote:
John,
Thank you for your note regarding the status of the guaranty documents for the $850,000 appropriation.
We will look forward to receiving them within a few weeks.
You also inquired about the escrowed funds the Commission is holding in the event a “management
transition” is required for the facility, as specified in our existing agreements with the Freedom Center.
Our financial analysis group reviewed the recent request to release the escrowed funds, and is unable to
recommend such a release even with a guaranty. In the event that federalization does not occur and the
Freedom Center is unable to continue to operate the building, the escrowed funds will be needed to
provide for utilities, security and insurance on the building until such time as a new non-profit cultural use
can be put in place, or there is another suitable disposition for the building. Our financial analysis group
has included its recommendations in our draft staff report, which is now being reviewed by the
Commission Treasurer. Our financial analysis group also reviewed the cash flow projection provided by
Ben Reece at the Freedom Center. The cash flow projection anticipates $850,000 from the Commission
in February 2011, but does not indicate a return of the escrowed funds.
Once the Commission Treasurer has provided his feedback on the draft report, we will send the report to
the Freedom Center for your information. Please note that our office will be closed beginning Friday,
December 24 through the end of the year for mandatory Cost Savings furlough days. Our office will
reopen on Monday, January 3, 2011.
Best regards,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
46
Building Culture in Ohio's Communities: 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.

To: Kathy Fox
Cc: dmurphy@nurfc.org
Subject: Freedom Center - Guarantee....
Kathy,
I have the documents supporting the $850,000 and have sent them on to my lawyer. I expect we'll be
able to process these quite quickly.
There is the additional $450,000 or so that is also being held in escrow that my wife and I want to
guarantee so they can also be released in February. This, of course, is as we talked in the past. Could I
ask that documents covering these funds also be sent to me so I can move them along.
Best regards,
John Pepper
47
Kathy Fox
To: Kathy Fox
Cc: dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.com; jake1@fuse.net;
jepepjr@aol.com
Subject: Fwd: Freedom Center - Guarantee....

Kathy,
As Don says, the latest cash flow sheet which we have all been over meticulously does show the escrowed $450,000 and
Ben Reece will be getting that to you not later than mid-next week. My guarantee and that of my wife for the $450,000 as
well as the $850,000 should give you and your staff the assurance you want that in the eventuality of the Freedom
Center's not continuing in operation, an eventuality that we are absolutely committed to NOT happening, you would have
funds to maintain it, etc. This $450,000 is critical to taking us to the end of 2011 and maybe early 2012, the timing on
which we are aiming for Federal funds to be available. I would be delighted to talk this with you or members of your staff.
Have a good holiday.
John
From: Donald's Yahoo <donmurphy10850@yahoo.com>
Cc: <jepepjr@aol.com> <jepepjr@aol.com>; <dmurphy@nurfc.org> <dmurphy@nurfc.org>; Tony Capaci
<tcapaci@culture.ohio.gov>; Chris Bruner <cbruner@culture.ohio.gov>; AmyRice <ARice@culture.ohio.gov>;
<594@ocfcsp.oasfc.local> <594@ocfcsp.oasfc.local>; Ken Robinson <robinson.kb.1@pg.com>
Sent: Wed, Dec 22, 2010 4:15 pm
Kathy
Thanks for your response to John's note. If Ben's cash flow did not show the escrowed amount it should have. In addition,
based on our last phone conversation, I believe we shoild have the opportunity to respond to the staff report. This in light
of the fact we have made significant budget adjustments that will give us a strong option for sustainability without
federalization.
Warm regards,
Don
John,
Thank you for your note regarding the status of the guaranty documents for the $850,000 appropriation.
We will look forward to receiving them within a few weeks.
48
Our financial analysis group reviewed the recent request to release the escrowed funds, and is unable to
recommend such a release even with a guaranty. In the event that federalization does not occur and the
Freedom Center is unable to continue to operate the building, the escrowed funds will be needed to
provide for utilities, security and insurance on the building until such time as a new non-profit cultural use
can be put in place, or there is another suitable disposition for the building. Our financial analysis group
has included its recommendations in our draft staff report, which is now being reviewed by the
Once the Commission Treasurer has provided his feedback on the draft report, we will send the report to
the Freedom Center for your information. Please note that our office will be closed beginning Friday,
Best regards,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Kathy,
Best regards,
John Pepper
49
Kathy Fox
From: Kathy Fox
Sent: Wednesday, December 22, 2010 5:08 PM
To: National Underground Railroad Freedom Center (594@ocfcsp.oasfc.local)
Subject: FW: Delivery Status Notification (Relay) - Muphy, Pepper
Attachments: ATT03381.txt; RE: Freedom Center - Guarantee....

‐‐‐‐‐Original Message‐‐‐‐‐
From: Administrator
To: Kathy Fox



jepepjr@aol.com
dmurphy@nurfc.org

50
Kathy Fox
From: Kathy Fox
To: 'Otto Budig'
Subject: latest update on the Freedom Center
Dear Otto:
Please see the two emails below for my response to Don Murphy’s reply to the email I sent to John Pepper.

Thanks,
Kathy

From: Kathy Fox
To: 'Donald's Yahoo'
Cc: <jepepjr@aol.com>; <dmurphy@nurfc.org>; Tony Capaci; Chris Bruner; Amy Rice; <594@ocfcsp.oasfc.local>; Ken
Robinson
Subject: RE: Freedom Center - Guarantee....
Don,
Thanks for your note. We look forward to receiving any additional information that is available, including a business
plan the Freedom Center is preparing or has prepared to address the possibility that federalization may not take place.
Tony Capaci has asked Ben for a business plan that would accommodate such an event, but has not received it yet. You
and I spoke about the need for the Freedom Center’s Executive Committee or Board to approve such a fallback business
plan, and I hope that approval is being scheduled.

So there is no misunderstanding, the purpose for us sharing with you the draft staff report in early January is so that we
can make sure all the facts are correct in the report; it is not our intention to create a debate about the analysis or
recommendations our staff will be providing to the Commission. I’m sure you can appreciate this distinction.

We look forward to receiving the business plan as soon as it is available. We will need it no later than the first week in
January in order to review it and make any updates to our staff report.

Thank you, and my best wishes for the holidays and the new year!
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

51
From: Donald's Yahoo [mailto:donmurphy10850@yahoo.com]
To: Kathy Fox
Robinson
Kathy
Thanks for your response to John's note. If Ben's cash flow did not show the escrowed amount it should have. In
addition, based on our last phone conversation, I believe we shoild have the opportunity to respond to the staff
report. This in light of the fact we have made significant budget adjustments that will give us a strong option for
sustainability without federalization.
Warm regards,
Don
John,
Thank you for your note regarding the status of the guaranty documents for the $850,000
appropriation. We will look forward to receiving them within a few weeks.
Our financial analysis group reviewed the recent request to release the escrowed funds, and is unable
to recommend such a release even with a guaranty. In the event that federalization does not occur and
the Freedom Center is unable to continue to operate the building, the escrowed funds will be needed to
provide for utilities, security and insurance on the building until such time as a new non‐profit cultural
use can be put in place, or there is another suitable disposition for the building. Our financial analysis
group has included its recommendations in our draft staff report, which is now being reviewed by the
Once the Commission Treasurer has provided his feedback on the draft report, we will send the report
to the Freedom Center for your information. Please note that our office will be closed beginning Friday,
52

Best regards,
Kathy
Executive Director

Vox: 614.752.2770
Fax: 614-752-2775
Building Culture in Ohio's Communities: 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.

To: Kathy Fox
Kathy,
53
Best regards,
John Pepper
54
Kathy Fox
From: Administrator
To: Kathy Fox


jepepjr@aol.com
dmurphy@nurfc.org

55
Kathy Fox
From: Kathy Fox
To: 'Donald's Yahoo'
Cc: <jepepjr@aol.com>; <dmurphy@nurfc.org>; Tony Capaci; Chris Bruner; Amy Rice; <594
@ocfcsp.oasfc.local>; Ken Robinson
Tracking:
'Donald's Yahoo'
<jepepjr@aol.com>
<dmurphy@nurfc.org>
<594@ocfcsp.oasfc.local>
Ken Robinson
Don,
Thanks for your note. We look forward to receiving any additional information that is available, including a business
plan the Freedom Center is preparing or has prepared to address the possibility that federalization may not take place.
Tony Capaci has asked Ben for a business plan that would accommodate such an event, but has not received it yet. You
and I spoke about the need for the Freedom Center’s Executive Committee or Board to approve such a fallback business
plan, and I hope that approval is being scheduled.

So there is no misunderstanding, the purpose for us sharing with you the draft staff report in early January is so that we
can make sure all the facts are correct in the report; it is not our intention to create a debate about the analysis or
recommendations our staff will be providing to the Commission. I’m sure you can appreciate this distinction.

We look forward to receiving the business plan as soon as it is available. We will need it no later than the first week in
January in order to review it and make any updates to our staff report.

Thank you, and my best wishes for the holidays and the new year!
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

From: Donald's Yahoo [mailto:donmurphy10850@yahoo.com]
56
To: Kathy Fox
Robinson
Kathy
Warm regards,
Don
John,

57
Best regards,
Kathy
Executive Director

Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Kathy,
58
Best regards,
John Pepper
59
Kathy Fox
From: Donald's Yahoo [donmurphy10850@yahoo.com]
To: Kathy Fox
Cc: <jepepjr@aol.com>; <dmurphy@nurfc.org>; Tony Capaci; Chris Bruner; Amy Rice; <594
@ocfcsp.oasfc.local>; Ken Robinson
Kathy
Warm regards,
Don
John,
60
Best regards,
Kathy
Executive Director

Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Kathy,
61
Best regards,
John Pepper
62
Kathy Fox
From: Kathy Fox
Subject: FW: Delivery Status Notification (Relay) John Pepper & Don Murphy 12-22-10

From: Administrator
To: Kathy Fox



jepepjr@aol.com
dmurphy@nurfc.org

63
Kathy Fox
From: Kathy Fox
To: 'Otto Budig'
Subject: FW: Freedom Center - Guarantee....
Dear Otto:
Thank you for your voicemail regarding the draft message to John Pepper. Based on your voicemail message, I’ve sent
the email reply to John Pepper, copy below. I am on vacation today and tomorrow, but returning phone calls and
emails if you need anything. I’ll keep you posted if there are any further developments.

Merry Christmas and Happy New Year!
Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

From: Kathy Fox
Cc: dmurphy@nurfc.org; Tony Capaci; Chris Bruner; Amy Rice; National Underground Railroad Freedom Center
John,
Thank you for your note regarding the status of the guaranty documents for the $850,000 appropriation. We will look
forward to receiving them within a few weeks.

You also inquired about the escrowed funds the Commission is holding in the event a “management transition” is
required for the facility, as specified in our existing agreements with the Freedom Center. Our financial analysis group
reviewed the recent request to release the escrowed funds, and is unable to recommend such a release even with a
guaranty. In the event that federalization does not occur and the Freedom Center is unable to continue to operate the
building, the escrowed funds will be needed to provide for utilities, security and insurance on the building until such
time as a new non‐profit cultural use can be put in place, or there is another suitable disposition for the building. Our
financial analysis group has included its recommendations in our draft staff report, which is now being reviewed by the
Commission Treasurer. Our financial analysis group also reviewed the cash flow projection provided by Ben Reece at the
Freedom Center. The cash flow projection anticipates $850,000 from the Commission in February 2011, but does not
indicate a return of the escrowed funds.

64
Once the Commission Treasurer has provided his feedback on the draft report, we will send the report to the Freedom
Center for your information. Please note that our office will be closed beginning Friday, December 24 through the end
of the year for mandatory Cost Savings furlough days. Our office will reopen on Monday, January 3, 2011.

Best regards,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Kathy,
I have the documents supporting the $850,000 and have sent them on to my lawyer. I expect we'll be able to process
these quite quickly.
There is the additional $450,000 or so that is also being held in escrow that my wife and I want to guarantee so they can
also be released in February. This, of course, is as we talked in the past. Could I ask that documents covering these
funds also be sent to me so I can move them along.
Best regards,
John Pepper
65
Kathy Fox
From: Administrator
To: Kathy Fox


jepepjr@aol.com
dmurphy@nurfc.org

66
Kathy Fox
From: Kathy Fox
Cc: dmurphy@nurfc.org; Tony Capaci; Chris Bruner; Amy Rice; National Underground Railroad
Freedom Center (594@ocfcsp.oasfc.local)
Tracking:
Tracking Recipient Delivery Read
'jepepjr@aol.com'
dmurphy@nurfc.org
Chris Bruner Delivered: 12/22/2010 2:55 PM Read: 12/22/2010 3:32 PM
Amy Rice Delivered: 12/22/2010 2:55 PM Read: 12/22/2010 2:58 PM
National Underground Railroad
Freedom Center
John,



Best regards,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
67

To: Kathy Fox
Kathy,
Best regards,
John Pepper
68
Kathy Fox
From: Kathy Fox
Cc: dmurphy@nurfc.org; Tony Capaci; Chris Bruner; Amy Rice; National Underground Railroad
Freedom Center (594@ocfcsp.oasfc.local)
Tracking:
'jepepjr@aol.com'
dmurphy@nurfc.org
John,



Best regards,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
69

To: Kathy Fox
Kathy,
Best regards,
John Pepper
70
Kathy Fox
From: Kathy Fox
To: 'Otto Budig'
Subject: per your request, draft message on the Freedom Center
Dear Otto:
Per your request, here is my draft reply to John Pepper regarding the escrow funds. John’s inquiry to me is in the email
thread below this message. Please let me know if you have any additional suggestions. Thank you for your assistance.

‐Kathy

Draft Message follows:

John,



Best regards,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

71
To: Kathy Fox
Kathy,
Best regards,
John Pepper
72
Kathy Fox
To: Kathy Fox
Kathy,
Best regards,
John Pepper
73
Kathy Fox
From: Amy Rice
To: Kathy Fox
Subject: Read: Nurfc pasr
Your message

To: Tony Capaci; Chris Bruner
Subject: RE: Nurfc pasr
Sent: 12/14/2010 8:54 PM

was read on 12/17/2010 1:34 PM.

74
Kathy Fox
From: Amy Rice
To: Kathy Fox
Subject: RE: NURFC guaranty / John Pepper

Yes

From: Kathy Fox
To: Amy Rice

Thanks Amy.
Is it the DAS Interoffice Mail service that we are having challenges with on pickup?

Thanks,
K

From: Amy Rice
To: Kathy Fox
Cc: Jessica DeLong

K,

Jessica prepared the draft guaranty package yesterday. It was not picked up by the delivery service, so Lex hand
delivered it this morning. Jessica enclosed a cover memo stating the urgency of an expeditious return. The memo stated
that we need the document back Friday, December 17. If we do not have it back by noon tomorrow, I will call Rachel.

A

From: Kathy Fox
To: Amy Rice
Cc: Jessica DeLong
Subject: NURFC guaranty / John Pepper

Hi Amy and Jessica,
Please advise via email on the status and ETA of AG review of the NURFC draft guaranty. See my notes in the legal To
Do.

Thanks,
K

75
Kathy Fox
From: Amy Rice
To: Kathy Fox
Subject: Read: NURFC guaranty / John Pepper
Your message

To: Amy Rice
Sent: 12/16/2010 1:47 PM

was read on 12/16/2010 2:37 PM.

76
Kathy Fox
From: System Administrator
To: Amy Rice
Subject: Delivered: RE: NURFC guaranty / John Pepper
Your message

To: Amy Rice
Sent: 12/16/2010 1:47 PM

was delivered to the following recipient(s):

Amy Rice on 12/16/2010 1:47 PM
77
Kathy Fox
From: Kathy Fox
To: Amy Rice
Tracking:
Thanks Amy.
Is it the DAS Interoffice Mail service that we are having challenges with on pickup?

Thanks,
K

From: Amy Rice
To: Kathy Fox
Cc: Jessica DeLong

K,


A

From: Kathy Fox
To: Amy Rice
Cc: Jessica DeLong

Hi Amy and Jessica,
Do.

Thanks,
K

78
Kathy Fox
From: Amy Rice
To: Kathy Fox
Subject: NURFC PASR in PDF
Attachments: NURFC PASR 2011 02 08.pdf
Per your request.

A
79
Kathy Fox
From: Amy Rice
To: Kathy Fox
Cc: Jessica DeLong
K,


A

From: Kathy Fox
To: Amy Rice
Cc: Jessica DeLong

Hi Amy and Jessica,
Do.

Thanks,
K

80
Kathy Fox
From: Jessica DeLong
To: Kathy Fox
Your message

To: Amy Rice
Cc: Jessica DeLong
Sent: 12/15/2010 6:59 PM

was read on 12/16/2010 9:08 AM.

81
Kathy Fox
From: Amy Rice
To: Kathy Fox
Your message

To: Amy Rice
Cc: Jessica DeLong
Sent: 12/15/2010 6:59 PM

was read on 12/16/2010 9:04 AM.

82
Kathy Fox
From: Amy Rice
To: Kathy Fox
Subject: Read: NURFC PASR
Your message

To: Tony Capaci; Chris Bruner; Amy Rice
Subject: NURFC PASR
Sent: 12/15/2010 7:43 PM

was read on 12/16/2010 9:03 AM.

83
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Your message

Subject: NURFC PASR
Sent: 12/15/2010 7:43 PM

was read on 12/16/2010 8:58 AM.

84
Kathy Fox
From: Chris Bruner
To: Kathy Fox
Your message

Subject: NURFC PASR
Sent: 12/15/2010 7:43 PM

was read on 12/16/2010 7:27 AM.

85
Kathy Fox
To: Amy Rice
Subject: Delivered: NURFC PASR
Your message

Subject: NURFC PASR
Sent: 12/15/2010 7:43 PM


Amy Rice on 12/15/2010 7:43 PM
86
Kathy Fox
Subject: Delivered: NURFC PASR
Your message

Subject: NURFC PASR
Sent: 12/15/2010 7:43 PM


Tony Capaci on 12/15/2010 7:43 PM
Chris Bruner on 12/15/2010 7:43 PM
87
Kathy Fox
From: Kathy Fox
Subject: NURFC PASR
Importance: High
Tracking:
Tony Capaci Delivered: 12/15/2010 7:43 PM Read: 12/16/2010 8:58 AM
Chris Bruner Delivered: 12/15/2010 7:43 PM Read: 12/16/2010 7:27 AM
Amy Rice Delivered: 12/15/2010 7:43 PM Read: 12/16/2010 9:03 AM
I’ve read through and edited further the text of the NURFC PASR to reflect internal conversations on 12/15 and a phone
conversation w/ Tom Rocco.

The PASR draft still needs footnote / table updates that Chris is working on. Once that is ready, please make a PDF, and
email to me immediately. I want to forward to the Chairman and Treasurer for their review / comment ASAP.

Once we have their feedback we can do the next iteration, which I’d like to send out to NURFC prior to the Holiday break
if possible.

Thanks,
K

88
Kathy Fox
To: Amy Rice; Jessica DeLong
Subject: Delivered: NURFC guaranty / John Pepper
Your message

To: Amy Rice
Cc: Jessica DeLong
Sent: 12/15/2010 6:59 PM


Amy Rice on 12/15/2010 6:59 PM
Jessica DeLong on 12/15/2010 6:59 PM
89
Kathy Fox
From: Kathy Fox
To: Amy Rice
Cc: Jessica DeLong
Tracking:
Jessica DeLong Delivered: 12/15/2010 6:59 PM Read: 12/16/2010 9:08 AM
Hi Amy and Jessica,
Do.

Thanks,
K

90
Kathy Fox
From: Chris Bruner
To: Kathy Fox
Cc: Tony Capaci; 594@ocfcsp.oasfc.local
Subject: NURFC - Legal questions on R-10-04 and MOU
Kathy:

The resolution R‐10‐04 and the MOU are both in SharePoint in the NURFC section in the “Legal Agreements” bucket.

Legal Questions

• Which provisions in the prior resolution are still needed?
• How do we get these provisions carried forward?
• Into which document should they go? (CUA, Management Agreement, other?) Note: The guarantee cannot be
changed from its current form; therefore, we can’t add the provisions to it.

Thanks,
‐‐CB

Chris Bruner
Consultant

Office: (614)752‐2774

The Commission offices will be closed for the holidays beginning Thursday, December 23 at 5 p.m. through Friday,
December 31, 2010 at 5 p.m. We will re‐open Monday, January 3, 2011 at 8 a.m.

91
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Your message

Sent: 12/14/2010 8:54 PM

was read on 12/15/2010 8:25 AM.

92
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Subject: Accepted: discuss NURFC FA & PASR
93
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Subject: Read: discuss NURFC FA & PASR
Your message

Subject: discuss NURFC FA & PASR
Sent: 12/14/2010 8:37 PM

was read on 12/15/2010 8:25 AM.

94
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Subject: Read: NURFC guaranty doc
Your message

To: Tom Rocco
Cc: Amy Rice; Jessica DeLong; Tony Capaci; Chris Bruner; National Underground
Railroad Freedom Center (594@ocfcsp.oasfc.local)
Subject: RE: NURFC guaranty doc
Sent: 12/14/2010 6:02 PM

was read on 12/15/2010 8:25 AM.

95
Kathy Fox
From: Chris Bruner
To: Kathy Fox
Your message

Sent: 12/14/2010 8:54 PM

was read on 12/15/2010 7:24 AM.

96
Kathy Fox
From: Chris Bruner
To: Kathy Fox
Subject: Accepted: discuss NURFC FA & PASR
97
Kathy Fox
From: Chris Bruner
To: Kathy Fox
Subject: Read: discuss NURFC FA & PASR
Your message

Sent: 12/14/2010 8:37 PM

was read on 12/15/2010 7:24 AM.

98
Kathy Fox
From: Chris Bruner
To: Kathy Fox
Subject: Read: NURFC guaranty doc
Your message

To: Tom Rocco
Cc: Amy Rice; Jessica DeLong; Tony Capaci; Chris Bruner; National Underground
Railroad Freedom Center (594@ocfcsp.oasfc.local)
Subject: RE: NURFC guaranty doc
Sent: 12/14/2010 6:02 PM

was read on 12/15/2010 7:24 AM.

99
Kathy Fox
To: Amy Rice
Subject: Delivered: RE: Nurfc pasr
Your message

Sent: 12/14/2010 8:54 PM


Amy Rice on 12/14/2010 8:54 PM
100
Kathy Fox
Subject: Delivered: RE: Nurfc pasr
Your message

Sent: 12/14/2010 8:54 PM


101
Kathy Fox
From: Kathy Fox
Tracking:
I’ve set up a meeting for Wednesday afternoon to discuss. In the meantime, review my comments on the PASR and
Resolution so we can discuss.

Thanks,
K

From: Tony Capaci
Sent: Tuesday, December 14, 2010 10:36 AM
To: Kathy Fox
Cc: Chris Bruner; Amy Rice
Subject: Nurfc pasr

Kathy,
Chris and I have responded to the NURFC questions/comments. We included a new funding table and the old resolution
language in the conditions of approval… (the changes are significant so I think it best to give you the heads up)
Let me know your thoughts,

thanks
Tony
Tony Capaci
Chief Financial Analyst
Telephone: 614‐728‐6924
Fax: 614‐752‐2775
e‐mail: tcapaci@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.
102

103
Kathy Fox
To: Amy Rice
Subject: Delivered: discuss NURFC FA & PASR
Your message

Sent: 12/14/2010 8:37 PM


Amy Rice on 12/14/2010 8:37 PM
104
Kathy Fox
Subject: Delivered: discuss NURFC FA & PASR
Your message

Sent: 12/14/2010 8:37 PM


105
Kathy Fox
Location: team room
Start: Wed 12/15/2010 2:00 PM

End: Wed 12/15/2010 2:30 PM
Recurrence: (none)
Meeting Status: Meeting organizer
Organizer: Kathy Fox

Required Attendees: Tony Capaci; Chris Bruner
See my comments on the updated PASR
106
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Cc: Chris Bruner; Amy Rice
Subject: Nurfc pasr


Kathy,
Chris and I have responded to the NURFC questions/comments. We included a new funding table and the old resolution
language in the conditions of approval… (the changes are significant so I think it best to give you the heads up)
Let me know your thoughts,

thanks
Tony
Tony Capaci
Telephone: 614‐728‐6924
Fax: 614‐752‐2775

113
Kathy Fox
From: Kathy Fox
To: Amy Rice
Subject: RE: PASRs -- question on process
Tracking:
You can use the executive summaries as a start. Add in any ‘quirks” Tom will need to know about. Tony or Chris can pull
critical items from the FAs

Thanks,
K

From: Amy Rice
To: Kathy Fox

Another “oops!” on my part! Doesn’t the executive summary serve as the story? I can work with Tony to get something
written up by weekend.

A

From: Kathy Fox
To: Amy Rice

Amy,
Did the project “stories” get written this time? Tom will be looking for them....
Thanks,
K

From: Amy Rice
Sent: Monday, December 13, 2010 10:55 AM
To: Kathy Fox
Subject: RE: PASRs

K,
JD and I have complete the resolutions, they are located in the working resolution folders for each project. Sorry about
the delay!
A

From: Kathy Fox
To: Amy Rice; Tony Capaci
Cc: Jessica DeLong; Chris Bruner; Lex Leonard
Subject: PASRs

114
NURFC and Antwerp PASRs have been reviewed. (but not the draft resolutions yet).
‐K

115
Kathy Fox
From: Amy Rice
To: Kathy Fox
Another “oops!” on my part! Doesn’t the executive summary serve as the story? I can work with Tony to get something
written up by weekend.

A

From: Kathy Fox
To: Amy Rice

Amy,
Thanks,
K

From: Amy Rice
To: Kathy Fox
Subject: RE: PASRs

K,
the delay!
A

From: Kathy Fox
Subject: PASRs

‐K

116
Kathy Fox
From: Kathy Fox
To: Amy Rice
Tracking:
Amy,
Thanks,
K

From: Amy Rice
To: Kathy Fox
Subject: RE: PASRs

K,
the delay!
A

From: Kathy Fox
Subject: PASRs

‐K

117
Kathy Fox
From: Amy Rice
To: Kathy Fox
Subject: RE: PASRs
K,
the delay!
A

From: Kathy Fox
Subject: PASRs

‐K

118
Kathy Fox
From: Amy Rice
To: Kathy Fox
Subject: RE: PASRs
I am so sorry! In all the rush I forgot to assign draft resolutions. I will work with Jessica to have these done by noon.
A

From: Kathy Fox
Subject: PASRs

‐K

119
Kathy Fox
From: Kathy Fox
Subject: PASRs
Tracking:
Amy Rice Delivered: 12/13/2010 1:45 AM Read: 12/13/2010 7:43 AM
Tony Capaci Delivered: 12/13/2010 1:45 AM Read: 12/13/2010 8:58 AM
Jessica DeLong Delivered: 12/13/2010 1:45 AM Read: 1/16/2011 4:37 PM
Chris Bruner Delivered: 12/13/2010 1:45 AM Read: 12/13/2010 7:29 AM
Lex Leonard Delivered: 12/13/2010 1:45 AM
‐K

120
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Cc: Chris Bruner; National Underground Railroad Freedom Center (594@ocfcsp.oasfc.local)
Subject: FW: NURFC -- Cash flow responses and what we still need from them FW: questions on
cash flow
Attachments: Responses to TC email dated 12-6-10.doc
Kathy,
I am feeling a bit better and thought it best to check in on Nurfc. (I will be working from home (probably for a few hours
at least)to attend to any hot issues so If you need me feel free to call (home 740‐587‐0711; better than cell; or email;
this goes for you too Chris)
Regarding the Freedom Center, as Chris has indicated Ben’s responses to my concerns are reasonable enough.
Although, I still have concerns about the level of operating cost cash outflows in the cash flow, Ben seems to believe
those levels are obtainable and therefore, I can move closer to recommending the approval, contingent on John
Pepper’s guarantee. (If we approve the funding, we are in no worse a position with the guarantee and the funding will
get the Freedom Center closer to federalization which ultimately is our best shot at attaining culture from the facility for
the next fifteen years) However, that being said there remains a risk that the Freedom center’s cash will not be sufficient
to get them to federalization even with our funding (despite Bens reassurances). In order for the plan as I understand it
to work the new Development Director will have to be as successful in fundraising as is indicated by the level Ben
projects, (which is somewhat of a deviation to the successful fundraising strategy they have been employing), the pro
bono lobbyist will have to be successful with the federalization, and the decreased cash outflows will have to be
attained. Ben has indicated Don Murphy will take the issue up of this risk directly with you. Ultimately, I would like the
Freedom Center to acknowledge their cash projection is not fail safe and they should be addressing the possible impact
of negative cash before federalization. If Don could satisfy you and the Commission on this point I think we could
recommend to the Commission to go forward with the approval. If you feel we need a board approved plan I would
support that however, I believe we can reach the same level of assurance by direct talks between you and Don.
Let me know your thoughts.
Thanks,
Tony

From: Chris Bruner
To: Kathy Fox
Subject: NURFC -- Cash flow responses and what we still need from them FW: questions on cash flow
Kathy:

I have reviewed Ben’s responses to Tony’s latest set of questions. They seem reasonable, but I do not believe the new
information will alter our position on NURFC, which we discussed last week.

It will still be important to have the back‐up plan, approved by the board of directors, that details the steps they will
take if things turn out worse than expected. All of that information will need to be incorporated into our financial
analysis before we can make a final recommendation.

This back‐up plan is currently the only piece of information on which we are waiting. Tony last requested it on Monday,
December 6, 2010.

Thanks,
123
‐‐CB

Chris Bruner
Consultant

Office: (614)752‐2774

From: Tony Capaci
To: Chris Bruner
Subject: FW: questions on cash flow
Kathy asked me to forward this response that Tony received from NURFC

Keith Wiley
Management Information Coordinator
Telephone: 614-752-2770
Direct: 614-995-7557
Fax: 614-752-2775
e-mail: kwiley@culture.ohio.gov

To: Tony Capaci
Subject: RE: questions on cash flow
Tony,
Attached is my response to your three questions below, I believe Don has asked Kathy for clarification to your last
paragraph. Please let me know if you have any other questions.
Thank you,
124
From: "Tony Capaci" <tcapaci@culture.ohio.gov>
To: <BReece@nurfc.org>
Cc: "Kathy Fox" <KFox@culture.ohio.gov>, "Chris Bruner" <cbruner@culture.ohio.gov>, <594@ocfcsp.oasfc.local>
Date: 12/06/2010 01:20 PM
Ben,
Thank you for your response, I hope you are feeling better and I hope all went well with your mother’s surgery. I have reviewed
your response and have a few more questions:
1) Could you kindly back out any permanently restricted funds included as cash inflow in the cash flow and resubmit.
2) I am not clear on your explanation to my DOE funding question. Let me re‐phrase my question; Footnote #2 in the 12/31/09
audit indicates $400k is to be received from the DOE between the period 10/1/09‐9/30/11 however, your cash flow indicates $760K
of cash coming in from the DOE between 10/1/10‐ 9/30/11. You mention accruals however, since it is a cash flow the only aspect
we are concerned with is how much cash in coming in. Please confirm to me the expected cash coming in from the DOE between
now and 9/30/11 and adjust the cash flow if need be.
3) You indicate operating expenses have been significantly reduced in the area of professional lobbyist, fundraising and traveling
exhibits.
However, I suspect the professional lobbyist was used to assist in the obtaining of the federal legislation and the fundraising
obviously to be used in helping to attain your fundraising cash inflow projection. I note your fundraising cash inflow projection is in
keeping with the actual fundraising revenues recorded in your YTD 9/30/10 financials (which is significantly higher than actual
previous years) however, if you reduce fundraising costs will you be able to maintain the fundraising inflow levels indicated in the
cash flow? Also, how will cutting lobbyist affect the outcome of the federal legislation?

In formulating my recommendation to the Commission to approve the OCFC funding and in addition to Mr. Pepper’s guarantee I will
be looking at the probability of the Freedom Centers ability to remain viable until Federalization occurs, assuming OCFC funding in
February 2011. I know it is “your understanding” the full $3M of Federal dollars will be received in October 2011, fundraising will
continue at those levels recently obtained in your YTD 2010 numbers, and reduced operating cost will be realized as is indicated by
your cash projection however, in the event those expectations are not fully realized does the board have a back‐up plan? Kindly
share with me your sentiments so I may prepare for the possibility of those reservations.

Thanks,
Tony

125
To: Tony Capaci
Tony,
I was out sick for much of last week. Attached is my response to your questions below, please let me know if you have
any other questions.
Thank you,

Date: 11/30/2010 12:34 PM

Ben,
I have reviewed the 15 month cash flow and have a few questions:
1) When I compare the private support in the cash flow to the total support in the financial statement at 9/30/10 (annualized) the
cash flow projections appear to line up. However, when I back the permanently restricted and temporarily restricted cash from the
9/31/10 financial the unrestricted support (on an annualized basis) appears to be quite a bit lower than the 2011 projection. I
suspect the permanently restricted fundraising on the 9/ 30/10 financial is for the operating endowment and should not be included
in a projected (operating) cash flow. Did you base your projection of the cash flow on the actual fundraising achieved as shown in
the 9/30/10 financials including temporarily restricted support. What are the restrictions on temporarily restricted that you
anticipate will allow it to be included for general operating purposes?
2) I see $485K in 12/10 for DOE and $275K through 9/ 2011 also for DOE for a total of $760K ( I assume no DOE funds have been
collected at YTD 9/30/10) However, footnote #2 in the 9/30/09 audit states the two year DOE grant for the two year period 10/1/09‐
9/30/11 is $400K? why the difference? Are state DOE funds included with the Federal in the cash flow?
3) The operating expenses on the accrual basis as indicated in the 9/30/09 audit (net of depreciation) are
approximately $8.2M; the operating expenses for 2010 as indicated on the proforma are $6.2M (also on the
accrual basis); YTD expenses net of depreciation on the 9/30/10 statement of activity are $5.6M for 9 months
or $7.6M (annualized); proforma 2011 are $5.6M; the cash outflows on the cash flow total $5.6M for 2011.
2011 proforma and cash flow is quite a decrease from FYE 09, proforma 2010 and annualized 2010. What are
the cuts in costs from the 9/30/09 audit that will account for $1.6M?

126
I am meeting with Kathy this afternoon to discuss the cash flow and if at all possible I would like to include your responses. If not
possible I will update Kathy on your response once I receive it.

Thanks,


Sent: Monday, November 29, 2010 3:01 PM
To: Tony Capaci
Subject: Re: estimated security cost for six months ( mothballed)
Attached are the cash flow statements requested, both are in one file.
As for estimating security cost, I would offer up that the systems be setup to automatically
contact either the local police or fire station or simply keep Guardsmark on call for an
automatic notification from the system, which would limit the cost to actual time needed,
Currently we pay an average of $18 per hour for Guardsmark Security Services. If deemed
necessary a guard could be kept at the console 24/7, we currently only have 24 hour coverage
six days a week.. I would estimate 24/7 service at a cost of $79,000 (365 days X 24 Hours x .5
X $18 per hour). Please let me know if you have any other questions.

Cc: "Chris Bruner" <cbruner@culture.ohio.gov>, <594@ocfcsp.oasfc.local>
Date: 11/23/2010 04:26 PM
Subject: estimated security cost for six months ( mothballed)

Ben,
Could you kindly give us an estimated security cost for six months if the building were to be mothballed.
127
Thanks,

Holiday Office Closure: The Ohio Cultural Facilities office will be closed on Thursday, November 25 and Friday, November 26 for
Thanksgiving Weekend. The office will re‐open on Monday, November 29 at 8 a.m.
Tony Capaci
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.
128
Kathy Fox
From: Amy Rice
To: Kathy Fox
Subject: NURFC DRAFT Guaranty Agreement - 2nd Revision
Attachments: DRAFT NURFC Guaranty Agreement.dotx
K,

I believe we have made all changes as requested.

A
130
Kathy Fox
From: Amy Rice
To: Kathy Fox
Subject: DRAFT NURFC Guaranty Agreement
Attachments: DRAFT NURFC Guaranty Agreement.dotx
Attached is the draft guaranty agreement for NURFC for your review.

Thank you,
A
131
Kathy Fox
From: Chris Bruner
To: Kathy Fox
Subject: NURFC -- Cash flow responses and what we still need from them FW: questions on cash flow
Kathy:

I have reviewed Ben’s responses to Tony’s latest set of questions. They seem reasonable, but I do not believe the new
information will alter our position on NURFC, which we discussed last week.

It will still be important to have the back‐up plan, approved by the board of directors, that details the steps they will
take if things turn out worse than expected. All of that information will need to be incorporated into our financial
analysis before we can make a final recommendation.

This back‐up plan is currently the only piece of information on which we are waiting. Tony last requested it on Monday,
December 6, 2010.

Thanks,
‐‐CB

Chris Bruner
Consultant

Office: (614)752‐2774

From: Tony Capaci
To: Chris Bruner
Kathy asked me to forward this response that Tony received from NURFC

Keith Wiley
Telephone: 614-752-2770
Direct: 614-995-7557
Fax: 614-752-2775
132

To: Tony Capaci
Tony,
Thank you,

Date: 12/06/2010 01:20 PM
Ben,
exhibits.
133


Thanks,
Tony

To: Tony Capaci
Tony,
Thank you,

Date: 11/30/2010 12:34 PM

Ben,
134


Thanks,


To: Tony Capaci

135
Date: 11/23/2010 04:26 PM

Ben,
Thanks,

Tony Capaci
Telephone: 614‐728‐6924
Fax: 614‐752‐2775
136
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Email in tony’s inbox from Monday afternoon

Keith Wiley
Telephone: 614-752-2770
Direct: 614-995-7557
Fax: 614-752-2775

To: Tony Capaci
Tony,
Thank you,
137
Date: 12/06/2010 01:20 PM
Ben,
exhibits.


Thanks,
Tony

To: Tony Capaci
Tony,
Thank you,
138
Date: 11/30/2010 12:34 PM

Ben,


Thanks,


139
To: Tony Capaci

Date: 11/23/2010 04:26 PM

Ben,
Thanks,

Tony Capaci
140
Telephone: 614‐728‐6924
Fax: 614‐752‐2775
141
Kathy Fox
To: Kathy Fox
Subject: RE: A Question--Freedom Cdenter
Return Receipt

Your RE: A Question‐‐Freedom Cdenter
document:

received
by:

at: 12/07/2010 04:58:59 PM

142
Kathy Fox
To: Kathy Fox
Return Receipt

document:

was BReece@nurfc.org
received
by:

at: 12/07/2010 03:53:13 PM

143
Kathy Fox
From: Kathy Fox
Subject: FW: Delivery Status Notification (Relay)
Attachments: ATT43542.txt; RE: A Question--Freedom Cdenter

From: Administrator
To: Kathy Fox



jepepjr@aol.com
dmurphy@nurfc.org
BReece@nurfc.org

144
Kathy Fox
From: Administrator
To: Kathy Fox


jepepjr@aol.com
dmurphy@nurfc.org
BReece@nurfc.org

145
Kathy Fox
From: Kathy Fox
Cc: dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.com; 594@ocfcsp.oasfc.local;
Tony Capaci; Chris Bruner
Tracking:
'jepepjr@aol.com'
dmurphy@nurfc.org
BReece@nurfc.org
594@ocfcsp.oasfc.local
John,
Thank you. We are preparing the guaranty document, which will then be reviewed by the Attorney General’s office.
Once that is complete we will forward it to you.
Best,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

Sent: Sunday, December 05, 2010 10:28 AM
To: Kathy Fox
Cc: dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.com; 594@ocfcsp.oasfc.local; Tony Capaci; Chris Bruner
Subject: Re: A Question--Freedom Cdenter
Kathy,
My home address is:
233 Oliver Road

I anticipate no problem meeting your 1/7/2011 date.
146
I know Ben Reece is working hard on answering your and Tony's every request.
Best, John
From: Kathy Fox <KFox@culture.ohio.gov>
To: jepepjr@aol.com
Cc: dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.com; 594@ocfcsp.oasfc.local; Tony Capaci
<tcapaci@culture.ohio.gov>; Chris Bruner <cbruner@culture.ohio.gov>
Sent: Sun, Dec 5, 2010 7:39 am
John,
We are still in need of your address in order to prepare the guaranty document. You previously replied with the two
names that will go into the guaranty document (your legal name and your wife’s legal name), but not the address. Once
we have the address, we can prepare the guaranty document and send it to you with instructions for signature. As to
timing, it would be helpful if you could return the guaranty document by January 7, 2011.

Our staff is still working on the financial analysis that will be part of our staff report to the Commission, and we did
receive the month by month cash flow that had been requested. Tony Capaci sent several follow up questions this
week, the answers for which I do not believe have been received yet from NURFC staff; I will check in with Tony Capaci
on this on Monday. As mentioned previously, the analysis may illustrate that, even if the Commission approves release
of the funds requested by the Freedom Center, there may be insufficient cash flow for the facility to remain in operation
until federalization. We would then need a plan from the Freedom Center, approved by the Freedom Center board,
detailing how the Freedom Center will remain a going concern.

The financial analysis is the critical path activity for keeping the Freedom Center’s request on track for the February 8
agenda, and timely responses from the Freedom Center to our staff’s follow up questions will be most helpful because
the financial analysis is an iterative process.

Thank you,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

Sent: Saturday, December 04, 2010 4:50 AM
To: Kathy Fox
Subject: A Question--Freedom Cdenter
Kathy,
147
I wonder when you would expect to be sending me the papers you will want me to fill out to guarantee the funds now
being held in escrow. Also I will appreciate when you will need to have the signed documents back in order to ensure this
goes on your February agenda.
Thanks.
John
148
Kathy Fox
From: Tony Capaci
To: BReece@nurfc.org
Cc: Kathy Fox; Chris Bruner; National Underground Railroad Freedom Center (594
@ocfcsp.oasfc.local)
Ben,
Thank you for your response, I hope you are feeling better and I hope all went well with your mother’s surgery. I have
reviewed your response and have a few more questions:
1) Could you kindly back out any permanently restricted funds included as cash inflow in the cash flow and
resubmit.
2) I am not clear on your explanation to my DOE funding question. Let me re‐phrase my question; Footnote #2 in
the 12/31/09 audit indicates $400k is to be received from the DOE between the period 10/1/09‐9/30/11
however, your cash flow indicates $760K of cash coming in from the DOE between 10/1/10‐ 9/30/11. You
mention accruals however, since it is a cash flow the only aspect we are concerned with is how much cash in
coming in. Please confirm to me the expected cash coming in from the DOE between now and 9/30/11 and
adjust the cash flow if need be.
3) You indicate operating expenses have been significantly reduced in the area of professional lobbyist, fundraising
and traveling exhibits.
However, I suspect the professional lobbyist was used to assist in the obtaining of the federal legislation and the
fundraising obviously to be used in helping to attain your fundraising cash inflow projection. I note your
fundraising cash inflow projection is in keeping with the actual fundraising revenues recorded in your YTD
9/30/10 financials (which is significantly higher than actual previous years) however, if you reduce fundraising
costs will you be able to maintain the fundraising inflow levels indicated in the cash flow? Also, how will cutting
lobbyist affect the outcome of the federal legislation?

In formulating my recommendation to the Commission to approve the OCFC funding and in addition to Mr.
Pepper’s guarantee I will be looking at the probability of the Freedom Centers ability to remain viable until
Federalization occurs, assuming OCFC funding in February 2011. I know it is “your understanding” the full $3M
of Federal dollars will be received in October 2011, fundraising will continue at those levels recently obtained in
your YTD 2010 numbers, and reduced operating cost will be realized as is indicated by your cash projection
however, in the event those expectations are not fully realized does the board have a back‐up plan? Kindly

Thanks,
Tony

To: Tony Capaci
Tony,
Thank you,
149
Date: 11/30/2010 12:34 PM
Ben,


Thanks,

To: Tony Capaci
150

Date: 11/23/2010 04:26 PM

Ben,
Thanks,

Tony Capaci
Telephone: 614‐728‐6924
Fax: 614‐752‐2775
151
152
Kathy Fox
To: Kathy Fox
Cc: 594@ocfcsp.oasfc.local; BReece@nurfc.org; Chris Bruner; jepepjr@aol.com; robinson.kb.1
@pg.com; Tony Capaci
Subject: RE: A Question--Freedom Center

Kathy,
In your last paragraph of your email to John Pepper, you say, "even if the Commission approves release of the funds
requested by the Freedom Center, there may be insufficient cash flow for the facility to remain in operation until
federalization. We would then need a plan from the Freedom Center, approved by the Freedom Center board, detailing
how the Freedom Center will remain a going concern." Are you asking for a cash flow plan from the Freedom Center in
addition to Mr. Peppers guarantee? And if so are you asking for that cash flow plan prior to the February Commission
meeting? We were of the understanding that Mr. Pepper's guarantee would be sufficient. Thanks for your clarification in
these two questions.
Warm regards,
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
Cincinnati, OH 45202
513 333-7530
Cell: 513 417-3049
Fax: 513 333-7712

To: <jepepjr@aol.com>
Cc: <dmurphy@nurfc.org>, <BReece@nurfc.org>, <robinson.kb.1@pg.com>, <594@ocfcsp.oasfc.local>, "Tony Capaci" <tcapaci@culture.ohio.gov>, "Chris
Bruner" <cbruner@culture.ohio.gov>
Date: 12/05/2010 07:44 AM
John,
We are still in need of your address in order to prepare the guaranty document. You previously replied with the two names that will
go into the guaranty document (your legal name and your wife’s legal name), but not the address. Once we have the address, we
can prepare the guaranty document and send it to you with instructions for signature. As to timing, it would be helpful if you could
return the guaranty document by January 7, 2011.

Our staff is still working on the financial analysis that will be part of our staff report to the Commission, and we did receive the
month by month cash flow that had been requested. Tony Capaci sent several follow up questions this week, the answers for which
I do not believe have been received yet from NURFC staff; I will check in with Tony Capaci on this on Monday. As mentioned
previously, the analysis may illustrate that, even if the Commission approves release of the funds requested by the Freedom Center,
there may be insufficient cash flow for the facility to remain in operation until federalization. We would then need a plan from the
153
Freedom Center, approved by the Freedom Center board, detailing how the Freedom Center will remain a going concern.

The financial analysis is the critical path activity for keeping the Freedom Center’s request on track for the February 8 agenda, and
timely responses from the Freedom Center to our staff’s follow up questions will be most helpful because the financial analysis is an
iterative process.

Thank you,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Kathy,
Thanks.
John
154
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Cc: Amy Rice; National Underground Railroad Freedom Center (594@ocfcsp.oasfc.local)
Subject: FW: drafting of NURFC/Pepper Guarantee
Kathy,
Will Tom draft the Pepper the guarantee or would we like to ask Amy get Jessica started.
Thanks,

To: Kathy Fox
Cc: dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.com; 594@ocfcsp.oasfc.local; Tony Capaci; Chris Bruner
Kathy,
My home address is:
233 Oliver Road

Best, John
To: jepepjr@aol.com
John,


155

Thank you,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Kathy,
Thanks.
John
156
Kathy Fox
To: Kathy Fox
Cc: dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.com; 594@ocfcsp.oasfc.local;

Kathy,
My home address is:
233 Oliver Road

Best, John
To: jepepjr@aol.com
John,



Thank you,
Kathy

157
Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Kathy,
Thanks.
John
158
Kathy Fox
From: Kathy Fox
To: 'Otto Budig'
Subject: Update on Freedom Center
Dear Otto:
Please see the email thread below for the latest correspondence with John Pepper regarding the Freedom Center.
Please let me know if you need any additional information.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

From: Kathy Fox
Sent: Sunday, December 05, 2010
Cc: 'dmurphy@nurfc.org'; 'BReece@nurfc.org'; 'robinson.kb.1@pg.com'; 'National Underground Railroad Freedom Center
(594@ocfcsp.oasfc.local)'; Tony Capaci; Chris Bruner
John,



159
Thank you,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Kathy,
Thanks.
John
160
Kathy Fox
To: Kathy Fox
Return Receipt

document:

was Don Murphy/NURFC
received
by:

at: 12/05/2010 09:25:18 AM

161
Kathy Fox
From: Administrator
To: Kathy Fox


jepepjr@aol.com
dmurphy@nurfc.org
BReece@nurfc.org

162
Kathy Fox
To: Kathy Fox
Kathy,
Thanks.
John
163
Kathy Fox
From: Tony Capaci
To: Kathy Fox; Chris Bruner
Subject: FW: RE: questions on cash flow
fyi

From: Benjamin Reece [mailto:benjamin.t.reece@gmail.com]
Sent: Tuesday, November 30, 2010 8:18 PM
To: Tony Capaci
Subject: Re: RE: questions on cash flow
Tony,
I am out of the office until thursday to be with my mom as she goes through surgery on her thyroid. I will be
back in on thursday and will answer your questions on thursday.
Thank you,
Ben
On Nov 30, 2010 12:33 PM, "Tony Capaci" <tcapaci@culture.ohio.gov> wrote:

> Ben,
>
> I have reviewed the 15 month cash flow and have a few questions:
>
> 1) When I compare the private support in the cash flow to the total
> support in the financial statement at 9/30/10 (annualized) the cash flow
> projections appear to line up. However, when I back the permanently
> restricted and temporarily restricted cash from the 9/31/10 financial
> the unrestricted support (on an annualized basis) appears to be quite a
> bit lower than the 2011 projection. I suspect the permanently
> restricted fundraising on the 9/ 30/10 financial is for the operating
> endowment and should not be included in a projected (operating) cash
> flow. Did you base your projection of the cash flow on the actual
> fundraising achieved as shown in the 9/30/10 financials including
> temporarily restricted support. What are the restrictions on
> temporarily restricted that you anticipate will allow it to be included
> for general operating purposes?
>
> 2) I see $485K in 12/10 for DOE and $275K through 9/ 2011 also for
> DOE for a total of $760K ( I assume no DOE funds have been collected at
> YTD 9/30/10) However, footnote #2 in the 9/30/09 audit states the two
> year DOE grant for the two year period 10/1/09-9/30/11 is $400K? why the
> difference? Are state DOE funds included with the Federal in the cash
> flow?
>
> 3) The operating expenses on the accrual basis as indicated in the
> 9/30/09 audit (net of depreciation) are approximately $8.2M; the
164
> operating expenses for 2010 as indicated on the proforma are $6.2M (also
> on the accrual basis); YTD expenses net of depreciation on the 9/30/10
> statement of activity are $5.6M for 9 months or $7.6M (annualized);
> proforma 2011 are $5.6M; the cash outflows on the cash flow total $5.6M
> for 2011. 2011 proforma and cash flow is quite a decrease from FYE 09,
> proforma 2010 and annualized 2010. What are the cuts in costs from the
> 9/30/09 audit that will account for $1.6M?
>
>
>
> I am meeting with Kathy this afternoon to discuss the cash flow and if
> at all possible I would like to include your responses. If not possible
> I will update Kathy on your response once I receive it.
>
>
>
> Thanks,
>
>
>
>
>
>
>
> From: BReece@nurfc.org [mailto:BReece@nurfc.org]
> Sent: Monday, November 29, 2010 3:01 PM
> To: Tony Capaci
> Subject: Re: estimated security cost for six months ( mothballed)
>
>
>
> Attached are the cash flow statements requested, both are in one file.
>
>
> As for estimating security cost, I would offer up that the systems be
> setup to automatically contact either the local police or fire station
> or simply keep Guardsmark on call for an automatic notification from the
> system, which would limit the cost to actual time needed, Currently we
> pay an average of $18 per hour for Guardsmark Security Services. If
> deemed necessary a guard could be kept at the console 24/7, we currently
> only have 24 hour coverage six days a week. I would estimate 24/7
> service at a cost of $79,000 (365 days X 24 Hours x .5 X $18 per hour).
> Please let me know if you have any other questions.
>
>
>
>
>
>
>
> From: "Tony Capaci" <tcapaci@culture.ohio.gov>
165
> To: <BReece@nurfc.org>
> Cc: "Chris Bruner" <cbruner@culture.ohio.gov>,
> <594@ocfcsp.oasfc.local>
> Date: 11/23/2010 04:26 PM
> Subject: estimated security cost for six months ( mothballed)
>
> ________________________________
>
>
>
>
>
> Ben,
> Could you kindly give us an estimated security cost for six months if
> the building were to be mothballed.
> Thanks,
>
>
>
> Holiday Office Closure: The Ohio Cultural Facilities office will be
> closed on Thursday, November 25 and Friday, November 26 for Thanksgiving
> Weekend. The office will re-open on Monday, November 29 at 8 a.m.
> Tony Capaci
> Chief Financial Analyst
> Ohio Cultural Facilities Commission
> 100 E. Broad Street, Suite 300
> Columbus, OH 43215-3416
> Telephone: 614-728-6924
> Fax: 614-752-2775
> e-mail: tcapaci@culture.ohio.gov <mailto:tcapaci@culture.ohio.gov>
> website: www.culture.ohio.gov <http://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 <http://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.
>
>
166
Kathy Fox
From: Tony Capaci
Ben,
1) When I compare the private support in the cash flow to the total support in the financial statement at 9/30/10
(annualized) the cash flow projections appear to line up. However, when I back the permanently restricted and
temporarily restricted cash from the 9/31/10 financial the unrestricted support (on an annualized basis) appears
to be quite a bit lower than the 2011 projection. I suspect the permanently restricted fundraising on the 9/
30/10 financial is for the operating endowment and should not be included in a projected (operating) cash flow.
Did you base your projection of the cash flow on the actual fundraising achieved as shown in the 9/30/10
financials including temporarily restricted support. What are the restrictions on temporarily restricted that you
2) I see $485K in 12/10 for DOE and $275K through 9/ 2011 also for DOE for a total of $760K ( I assume no DOE
funds have been collected at YTD 9/30/10) However, footnote #2 in the 9/30/09 audit states the two year DOE
grant for the two year period 10/1/09‐9/30/11 is $400K? why the difference? Are state DOE funds included with
the Federal in the cash flow?
accrual basis); YTD expenses net of depreciation on the 9/30/10 statement of activity are $5.6M for 9 months or
$7.6M (annualized); proforma 2011 are $5.6M; the cash outflows on the cash flow total $5.6M for 2011. 2011
proforma and cash flow is quite a decrease from FYE 09, proforma 2010 and annualized 2010. What are the
cuts in costs from the 9/30/09 audit that will account for $1.6M?

I am meeting with Kathy this afternoon to discuss the cash flow and if at all possible I would like to include your
responses. If not possible I will update Kathy on your response once I receive it.

Thanks,

To: Tony Capaci
six days a week. I would estimate 24/7 service at a cost of $79,000 (365 days X 24 Hours x .5
167
Date: 11/23/2010 04:26 PM

Ben,
Thanks,

Tony Capaci
Telephone: 614‐728‐6924
Fax: 614‐752‐2775

168
Kathy Fox
From: Kathy Fox
To: 'Otto Budig'
Subject: FW: Freedom Center and Pepper
Dear Otto,
Per my voicemail messages, please see the email thread below.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

From: Kathy Fox
Cc: 'Don Murhpy'; 'DMurphy@nurfc.org'; Amy Rice; Tony Capaci; Chris Bruner; 'BReece@nurfc.org'
Subject: RE: Freedom Center and Pepper
Dear John:

Thank you for your emails. Yes, we can prepare the guaranty agreement. Could you kindly
provide the legal names and address for yourself and your wife so that our legal counsel may
prepare the guaranty document? There are other agreements we will have prepared for signature
by the Freedom Center to be signed concurrently with the guaranty, assuming Commission
approval.

As conveyed last week, at this time we are awaiting the monthly cash flow projection from the
Freedom Center, from now through projected federalization and into positive cash flow. I
appreciate your assurances that the cash flow projection is forthcoming. Tony Capaci from
our office has been in conversation with Ben Reece about the cash flow for several weeks.
The cash flow projection may illustrate that, even if the Commission approves release of the
funds requested by the Freedom Center, there may be insufficient cash flow for the facility
to remain in operation until federalization. We would then need a plan from the Freedom
Center, approved by the Freedom Center board, detailing how the Freedom Center will remain a
going concern.

We are still aiming for the February 8 Commission meeting, but achieving this date is
dependent upon completion of our analysis and corresponding staff report, for which we await
information from the Freedom Center.
169

Thank you for your assistance.

Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

Sent: Monday, November 29, 2010 7:37 AM
To: Kathy Fox
Cc: dmurphy@nurfc.org; BReece@nurfc.org; robinson.ka@pg.com
Subject: Freedom Center and Pepper
Kathy,
In the flurry of e-mails and teh Thanksgiving holiday, I wanted to be sure I had been clear that I would ask you to prepare
the formal papers I will need to sign to release the funds now being held.
I can assure you that Ben Reece has been and is working non-stop to provide the information that you have requested.
John
170
Kathy Fox
From: Kathy Fox

From: Kathy Fox
Cc: 'Don Murhpy'; 'DMurphy@nurfc.org'; Amy Rice; Tony Capaci; Chris Bruner; 'BReece@nurfc.org'
Dear John:

approval.

going concern.



Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

171
To: Kathy Fox
Kathy,
John
172
Kathy Fox
To: Kathy Fox
Names:

John E. Pepper, Jr.
Frances G. Pepper

John

To: jepepjr@aol.com
Cc: Don Murhpy <donmurphy10850@yahoo.com>; DMurphy@nurfc.org; Amy Rice
<ARice@culture.ohio.gov>; Tony Capaci <tcapaci@culture.ohio.gov>; Chris Bruner
<cbruner@culture.ohio.gov>; BReece@nurfc.org
Sent: Mon, Nov 29, 2010 12:13 pm

Dear John: Thank you for your emails. Yes, we can prepare the guaranty agreement. Could you
kindly provide the legal names and address for yourself and your wife so that our legal
counsel may prepare the guaranty document? There are other agreements we will have prepared
for signature by the Freedom Center to be signed concurrently with the guaranty, assuming
Commission approval. As conveyed last week, at this time we are awaiting the monthly cash
flow projection from the Freedom Center, from now through projected federalization and into
positive cash flow. I appreciate your assurances that the cash flow projection is
forthcoming. Tony Capaci from our office has been in conversation with Ben Reece about the
cash flow for several weeks. The cash flow projection may illustrate that, even if the
Commission approves release of the funds requested by the Freedom Center, there may be
insufficient cash flow for the facility to remain in operation until federalization. We
would then need a plan from the Freedom Center, approved by the Freedom Center board,
detailing how the Freedom Center will remain a going concern. We are still aiming for the
February 8 Commission meeting, but achieving this date is dependent upon completion of our
analysis and corresponding staff report, for which we await information from the Freedom
Center. Thank you for your assistance. Kathy Kathleen M. Fox, FASLAExecutive
DirectorOhio Cultural Facilities Commission100 E. Broad Street, Suite 300 Columbus, OH
43215‐3661

Vox: 614.752.2770Fax: 614‐752‐2775e‐mail: kfox@culture.ohio.gov
kfox@post.harvard.edu visit our
website: www.culture.ohio.gov Building Culture in Ohio's Communities: 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: jepepjr@aol.com
[mailto:jepepjr@aol.com]
To: Kathy Fox
173
Kathy,

In the flurry of e‐mails and teh Thanksgiving holiday, I wanted to be sure I had been clear
that I would ask you to prepare the formal papers I will need to sign to release the funds
now being held.

I can assure you that Ben Reece has been and is working non‐stop to provide the information
that you have requested.

John

174
Kathy Fox
From: Amy Rice
To: Kathy Fox
Subject: Not read: Lincoln Theatre & NURFC Draft FAs to review on Tuesday, Nov. 21, 2011
Your message

To: Chris Bruner
Cc: Tony Capaci
Subject: RE: Lincoln Theatre & NURFC Draft FAs to review on Tuesday, Nov. 21, 2011
Sent: 11/21/2010 10:55 PM

was deleted without being read on 11/29/2010 3:34 PM.

175
Kathy Fox
From: Amy Rice
To: Kathy Fox
Subject: Not read: Review of Draft FAs for LTA and NURFC
Your message

To: Chris Bruner
Subject: Accepted: Review of Draft FAs for LTA and NURFC
Sent: 11/21/2010 11:04 PM


176
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Cc: Chris Bruner
Subject: FW: estimated security cost for six months ( mothballed)
Attachments: 15 month Cash Flow Statement.xls
Kathy,
I see you just sent John Pepper an email. No sooner did I return to my desk after the meeting did I see I received the
cash flow from Ben. Chris and I will take a look at it and hopefully tomorrow set up a meeting with you to review.
Thanks,

To: Tony Capaci
six days a week. I would estimate 24/7 service at a cost of $79,000 (365 days X 24 Hours x .5

Date: 11/23/2010 04:26 PM
177

Ben,
Thanks,

Tony Capaci
Telephone: 614‐728‐6924
Fax: 614‐752‐2775

178
Kathy Fox
From: Administrator
To: Kathy Fox
Attachments: ATT37430.txt; RE: Freedom Center and Pepper


jepepjr@aol.com
DMurphy@nurfc.org
BReece@nurfc.org

179
Kathy Fox
From: Kathy Fox
Cc: 'Don Murhpy'; 'DMurphy@nurfc.org'; Amy Rice; Tony Capaci; Chris Bruner;
'BReece@nurfc.org'
Tracking:
'jepepjr@aol.com'
'Don Murhpy'
'DMurphy@nurfc.org'
Tony Capaci Delivered: 11/29/2010 3:11 PM Read: 11/29/2010 3:17 PM
'BReece@nurfc.org'
Dear John:

approval.

going concern.



Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
180

To: Kathy Fox
Kathy,
John
181
Kathy Fox
From: Tony Capaci
To: National Underground Railroad Freedom Center (594@ocfcsp.oasfc.local); Kathy Fox
Cc: Chris Bruner

Kathy,
I believe the next step is to ask Rocco to draft the guaranty for the $850K but since we are
not going to return the escrow do we want to have that conversation with Otto

From: John Pepper [mailto:jepepjr@aol.com]
Sent: Wednesday, November 24, 2010 9:03 PM
To: Kathy Fox
Cc: Don Murhpy; <DMurphy@nurfc.org>; <BReece@nurfc.org>; <594@ocfcsp.oasfc.local>; Tony
Capaci; Chris Bruner
Subject: Re: Freedom Center and Pepper

Kathy, please go ahead with the formal paperwork. John

Sent from my iPad

On Nov 24, 2010, at 12:57 PM, "Kathy Fox" <KFox@culture.ohio.gov> wrote:

> Dear John,
> I have reconfirmed for a second time this week that our financial analysis group still
awaits a month by month cash flow projection for the next 12 months from the Freedom Center's
finance staff. This item was requested November 9, 2010, and possibly prior to that. As of
this moment (3:56 PM, 11/24/10) we still await this information. It is the understanding of
our staff that the cash flow projection will not be made available to us until next week at
the earliest.
>
> As I've mentioned previously, our review process it iterative. The information we receive
often generates follow up questions for clarification. We are working as diligently as we
can, but must rely upon the Freedom Center to provide information timely. As soon as we
receive the information from the Freedom Center staff, we will resume our analysis.
>
> Sincerely,
> Kathy
>
> Kathleen M. Fox, FASLA
> Executive Director
> Columbus, OH 43215‐3661
>
> Vox: 614.752.2770
> Fax: 614‐752‐2775
> e‐mail: kfox@culture.ohio.gov
> kfox@post.harvard.edu
>
182
> visit our website: www.culture.ohio.gov
>
> Building Culture in Ohio's Communities: 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.
>
> ‐‐‐‐‐Original Message‐‐‐‐‐
> From: John Pepper [mailto:jepepjr@aol.com]
> Sent: Wednesday, November 24, 2010 3:24 PM
> To: Kathy Fox
> Subject: Freedom Center and Pepper
>
> Kathy, I think I am close to being ready to proceed in line with your form.
>
> You indicated to Jeff that there is still information you need from the Freedom Center to
process this. Don Murphy assures me it is his understanding that everything has now been
delivered. Some of it may have come in recently. Would you please take another look at this.
Thank you. John
>
> Sent from my iPad
183
Kathy Fox
To: Kathy Fox
Kathy,
John
184
Kathy Fox
From: John Pepper [jepepjr@aol.com]
To: Kathy Fox
Cc: Don Murhpy; <DMurphy@nurfc.org>; <BReece@nurfc.org>; <594@ocfcsp.oasfc.local>;
Subject: Re: Freedom Center and Pepper

Kathy, please go ahead with the formal paperwork. John

Sent from my iPad

On Nov 24, 2010, at 12:57 PM, "Kathy Fox" <KFox@culture.ohio.gov> wrote:

> Dear John,
> I have reconfirmed for a second time this week that our financial analysis group still
awaits a month by month cash flow projection for the next 12 months from the Freedom Center's
the earliest.
>
> As I've mentioned previously, our review process it iterative. The information we receive
>
> Sincerely,
> Kathy
>
> Kathleen M. Fox, FASLA
> Executive Director
> Columbus, OH 43215‐3661
>
> Vox: 614.752.2770
> Fax: 614‐752‐2775
> e‐mail: kfox@culture.ohio.gov
> kfox@post.harvard.edu
>
> visit our website: www.culture.ohio.gov
>
> Building Culture in Ohio's Communities: The Ohio Cultural Facilities Commission, formerly
>
> ‐‐‐‐‐Original Message‐‐‐‐‐
> From: John Pepper [mailto:jepepjr@aol.com]
185
> Sent: Wednesday, November 24, 2010 3:24 PM
> To: Kathy Fox
> Subject: Freedom Center and Pepper
>
> Kathy, I think I am close to being ready to proceed in line with your form.
>
> You indicated to Jeff that there is still information you need from the Freedom Center to
Thank you. John
>
> Sent from my iPad
186
Kathy Fox
From: Kathy Fox
Subject: FW: Delivery Status Notification (Relay) DMurphy, JPepper,BReece 11/24/10

From: Administrator
To: Kathy Fox



jepepjr@aol.com
DMurphy@nurfc.org
BReece@nurfc.org

187
Kathy Fox
To: Kathy Fox
Return Receipt

Your RE: Freedom Center and Pepper
document:

was Benjamin Reece/NURFC
received
by:

at: 11/24/2010 04:12:09 PM

188
Kathy Fox
From: Kathy Fox
To: 'Otto Budig'
Subject: Freedom Center and John Pepper update
Dear Otto:
Please see the email thread below for the most recent correspondence from John Pepper and my
response to him. Tony Capaci is still waiting for a cash flow projection from the Freedom
Center staff, and cannot complete his financial analysis until he receives it. The contents
of that cash flow projection may necessitate questions and requests for additional
information.

Please let me know if you need further information. I will be checking email, but my
cellphone is not working and will be in for repair or replacement. Just a reminder, our
office will be closed at 5PM today and until Monday for the Thanksgiving Holiday.

Best wishes for a wonderful Thanksgiving, Kathy

Executive Director

We’ve moved! Effective March 22, 2010, the Ohio Cultural Facilities Commission relocated to
new offices. Our new address is 100 E. Broad St., Suite 300, Columbus, OH 43215‐3661. Phone
and Fax numbers remain the same.

Vox: 614.752.2770
Fax: 614‐752‐2775
e‐mail: kfox@culture.ohio.gov

From: Kathy Fox
To: 'John Pepper'
Cc: 'Don Murhpy'; 'DMurphy@nurfc.org'; 'BReece@nurfc.org'; National Underground Railroad
Freedom Center (594@ocfcsp.oasfc.local); Tony Capaci; Chris Bruner

Dear John,
I have reconfirmed for a second time this week that our financial analysis group still awaits
a month by month cash flow projection for the next 12 months from the Freedom Center's
the earliest.

As I've mentioned previously, our review process it iterative. The information we receive

189
Sincerely,
Kathy

Executive Director

Vox: 614.752.2770
Fax: 614‐752‐2775


Building Culture in Ohio's Communities: The Ohio Cultural Facilities Commission, formerly

To: Kathy Fox

Kathy, I think I am close to being ready to proceed in line with your form.

You indicated to Jeff that there is still information you need from the Freedom Center to
Thank you. John

Sent from my iPad
190
Kathy Fox
From: Administrator
To: Kathy Fox


jepepjr@aol.com
DMurphy@nurfc.org
BReece@nurfc.org

191
Kathy Fox
From: Kathy Fox
To: 'John Pepper'
Tracking:
'John Pepper'
'Don Murhpy'
'DMurphy@nurfc.org'
'BReece@nurfc.org'
Freedom Center

Dear John,
the earliest.


Sincerely,
Kathy

Executive Director

Vox: 614.752.2770
Fax: 614‐752‐2775


192

To: Kathy Fox


Thank you. John

Sent from my iPad
193
Kathy Fox
From: Kathy Fox
To: 'John Pepper'
Tracking:
'John Pepper'
'Don Murhpy'
'DMurphy@nurfc.org'
'BReece@nurfc.org'

Dear John,
the earliest.


Sincerely,
Kathy

Executive Director

Vox: 614.752.2770
Fax: 614‐752‐2775


194

To: Kathy Fox


Thank you. John

Sent from my iPad
195
Kathy Fox
Subject: NURFC - Bond Analysis Discussion: First-dollar allocation, straight-line, and proportional
approach
Location: Kathy's Office/ CR
Start: Tue 11/30/2010 4:00 PM

End: Tue 11/30/2010 4:30 PM
Show Time As: Tentative
Recurrence: (none)
Meeting Status: Tentatively accepted
Organizer: Chris Bruner

Required Attendees: Kathy Fox; Tony Capaci
Kathy:

I have completed the NURFC bond analysis using three different approaches:

1. First‐dollar allocation,
2. Straight‐line, and
3. Proportional.

Bond Analysis is here: NURFC Bond Analysis in SharePoint (click to open) and the two relevant tabs are the first two, the
Summary tabs.

Tony and I would like to discuss the results and implications with you.

Thanks,
‐‐CB
196
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Cc: Chris Bruner
Subject: do we want freedom center auditiors to provide special report on going concern issues for our
february meeting?

Kathy,

if NURFC were to have a 12/31/10 audit there is a good chance (in my opinion) they would not get an unqualified
“clean” opinion. They may get a qualified opinion based on going concern issues. I think it would be unreasonable to
require a 12/31/10 audit before the February meeting but we may want to consider requiring the freedom center get
from their auditiors a a special management report attesting the going concern issue prior to the February
meeting.???let me know your thoughts.
Thanks,
Tony

Tony Capaci
Telephone: 614‐728‐6924
Fax: 614‐752‐2775

202
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Subject: Read: Lincoln Theatre & NURFC Draft FAs to review on Tuesday, Nov. 21, 2011
Your message

To: Chris Bruner
Cc: Tony Capaci
Sent: 11/21/2010 10:55 PM

was read on 11/22/2010 8:57 AM.

203
Kathy Fox
From: Chris Bruner
To: Kathy Fox
Subject: Read: Review of Draft FAs for LTA and NURFC
Your message

To: Chris Bruner
Sent: 11/21/2010 11:04 PM

was read on 11/22/2010 7:19 AM.

204
Kathy Fox
From: Chris Bruner
To: Kathy Fox
Subject: Read: Lincoln Theatre & NURFC Draft FAs to review on Tuesday, Nov. 21, 2011
Your message

To: Chris Bruner
Cc: Tony Capaci
Sent: 11/21/2010 10:55 PM

was read on 11/22/2010 7:19 AM.

205
Kathy Fox
To: Amy Rice
Sent: Sunday, November 21, 2010 11:04 PM
Subject: Delivered: Accepted: Review of Draft FAs for LTA and NURFC
Your message

To: Chris Bruner
Sent: 11/21/2010 11:04 PM


Amy Rice on 11/21/2010 11:04 PM
206
Kathy Fox
To: Chris Bruner
Subject: Delivered: Accepted: Review of Draft FAs for LTA and NURFC
Your message

To: Chris Bruner
Sent: 11/21/2010 11:04 PM


207
Kathy Fox
From: Kathy Fox
To: Chris Bruner
208
Kathy Fox
To: Amy Rice
Subject: Delivered: RE: Lincoln Theatre & NURFC Draft FAs to review on Tuesday, Nov. 21, 2011
Your message

To: Chris Bruner
Cc: Tony Capaci
Sent: 11/21/2010 10:55 PM


Amy Rice on 11/21/2010 10:55 PM
209
Kathy Fox
To: Chris Bruner; Tony Capaci
Subject: Delivered: RE: Lincoln Theatre & NURFC Draft FAs to review on Tuesday, Nov. 21, 2011
Your message

To: Chris Bruner
Cc: Tony Capaci
Sent: 11/21/2010 10:55 PM


210
Kathy Fox
From: Kathy Fox
To: Chris Bruner
Cc: Tony Capaci
Tracking:
Amy Rice Delivered: 11/21/2010 10:55 PM Deleted: 11/29/2010 3:34 PM
Thanks Chris. I’ve reviewed and made comments/questions; on SharePoint so you and Tony can review prior to our
meeting.
‐K

From: Chris Bruner
Sent: Friday, November 19, 2010 4:29 PM
To: Kathy Fox
Cc: Tony Capaci
Subject: Lincoln Theatre & NURFC Draft FAs to review on Tuesday, Nov. 21, 2011

Kathy:

Attached are the draft FAs for the Lincoln Theatre and NURFC.

Tony and I have requested a meeting time to review these with you on Tuesday, Nov. 21, 2011 at 3:00 PM.

Thanks,
‐‐CB

Chris Bruner
Consultant

Office: (614)752‐2774


211
Kathy Fox
From: Chris Bruner
To: Kathy Fox
Cc: Tony Capaci
Subject: Lincoln Theatre & NURFC Draft FAs to review on Tuesday, Nov. 21, 2011
Attachments: FA Lincoln Theatre.docx; NURFC PASR 2011 02 08.doc

Kathy:

Attached are the draft FAs for the Lincoln Theatre and NURFC.

Tony and I have requested a meeting time to review these with you on Tuesday, Nov. 21, 2011 at 3:00 PM.

Thanks,
‐‐CB

Chris Bruner
Consultant

Office: (614)752‐2774


212
Kathy Fox
Subject: Review of Draft FAs for LTA and NURFC
Location: Kathy's Office/ CR
Start: Tue 11/23/2010 3:00 PM

End: Tue 11/23/2010 4:00 PM
Recurrence: (none)
Organizer: Chris Bruner

Required Attendees: Tony Capaci; Kathy Fox
Kathy:

Tony and I know that a review of these two FAs is ahead of schedule, but we wanted to get a jump start on the review
because of the various issues each project has.

I will send you an e‐mail with the FAs that we will review.

Thanks,
‐‐CB
213
Kathy Fox
Sent: Friday, November 19, 2010 11:21 AM
To: Kathy Fox
Cc: dmurphy@nurfc.org; CButtress@Graydon.com; BReece@nurfc.org; robinson.kb.1@pg.com;
jepepasst@aol.com
Subject: Guarantee of State Funds for the Freedom Center
Dear Kathy,
I have talked to my layer at Graydon Head and Ritchey about this matter.
As agreed, he (Jeff Rohr) will be calling you later today to discuss the path forward.
Thank you for your cooperation on this vital matter.
Best regards,
John
214
Kathy Fox
From: Tony Capaci
Cc: Chris Bruner; Kathy Fox; National Underground Railroad Freedom Center (594
Subject: RE: NURFC proforma and YTD 10 questions
Ben,
Thank you for the prompt response. I will start reviewing it Monday and get back to you with any questions. Please
keep in mind I cannot complete the review without the cash flows so kindly expedite those as best as possible.
Thanks,

To: Tony Capaci
Tony,
Please see the attached word file, I copied your email below into word and answered your questions in a different font
color. As you will see, the cash flows have not been finalized since we are still finalizing the 2011 budget. Once I have the
file complete I will send it up to you.
Thank you,

Date: 11/09/2010 04:01 PM
Ben,
In reviewing the revised pro forma (flat) and the 9/30/10 YTD internally generated financials I have a few questions:
1) I notice federalization is earmarked at $3M for 2011 and out; I suspect this represents a full year of federalization however, I
215
believe you had indicated to me previously the date which you believe the legislation may realistically be enacted is further out.
Could you kindly provide me the assumption behind the full $3M in 2011?
2) Out of three pro formas you have provided since federalization has been considered you show federalization as high as $5M as
low as $2M and currently it appears you are expecting $3M in federalization. Could you kindly provide me the background behind
the assumptions for the different scenarios.
3) The flat pro forma projected surplus in 2011 is $950K which includes $3M of federalization and in 2012 the projected surplus is
$650K which also includes $3M of federal dollars. As I review your internally generated 9/30/10 balance sheet I see approx $1.1M in
cash and investments, $560K in accounts receivable, $2.6M in promises to give and $936K in endowment and $620K in current
payables. Without federalization I thumbnail a rate of loss at about( $75K‐$100K)/month. I have a few questions regarding the
above:
a) The accounts receivable is $570K at 9/30/10 and $70K 12/31/09; what exactly is accounts receivable comprised of and why
such a dramatic increase?
b) Is the endowment donor restricted or board restricted? Can the board access those principal funds for operating purposes if
need be?
c) How good is the Promises to Give amount of $2.6M; has it been adjusted for bad debts? Generally speaking what is the time
frame to collect on the promises?
d) Could you kindly provide a cash and liquidity projection under some conservative scenarios regarding different scenarios of the
timing of collecting on federalization funds. I think Don had indicated to Kathy there may be negative cash position in the first
quarter of 2011 and I would like to show the Commission members a liquidity position with and without $850K from the Commission
in the event federalization is not realized in the first quarter of 2011.
4) If I annualize your 9/30/10 YTD revenue contributions, I come up to about $4M a year however, your pro forma indicates much
less than this, approx $2.3M. I suspect there are many elements influencing the Freedom Center’s projected contributions
including the economy, donor fatigue, the debt settlement, the write down of the building, and the prospect of the federalization,
however the pro forma does not provide the assumption behind the projection. Could you kindly provide a sentence or two
narrative explaining the rationale behind the total contribution projection.

There will most certainly be more questions regarding the pro forma and financials however, If you could kindly provide the above
ASAP I can continue the financial review process.
Thanks,

Sent: Tuesday, November 09, 2010 11:48 AM
To: Tony Capaci
Subject: RE: NURFC 2009 Audit - Final
Revised September Statement of Financial Position

Cc: "Kathy Fox" <KFox@culture.ohio.gov>, "Chris Bruner" <cbruner@culture.ohio.gov>
Date: 11/09/2010 08:27 AM

Ben,
Thanks for the final audit and proforma but wince there is a change to opening net assets and the building could you kindly make the
adjustments to the September 2010 balance sheet so net assets tie out. (we will include the September 2010 financials in our
analysis)
Thanks,
216
To: Tony Capaci
Cc: DMurphy@nurfc.org; Kathy Fox
Subject: NURFC 2009 Audit - Final
Tony,
Here is the final 2009 audited financial statements for the Freedom Center. As we have discussed, the long awaited
adjustment for SFAS-144 has been included. Please remember, the adjustment may have been significant from a GAAP
basis, but the impact on the pro forma sent over this more in $0. Simply stated the adjustment amounts to accelerating
the depreciation on the facility, a non-cash item. If you have any questions about the audit, please contact me directly.
Thank you,
[attachment "image001.jpg" deleted by Benjamin Reece/NURFC] [attachment "image001.jpg" deleted by

Benjamin Reece/NURFC]
217
Kathy Fox
From: Tony Capaci
Subject: FW: NURFC proforma and YTD 10 questions

fyi
To: Tony Capaci
Tony,
Please see the attached word file, I copied your email below into word and answered your questions in a different font
color. As you will see, the cash flows have not been finalized since we are still finalizing the 2011 budget. Once I have the
file complete I will send it up to you.
Thank you,

Date: 11/09/2010 04:01 PM
Ben,
1) I notice federalization is earmarked at $3M for 2011 and out; I suspect this represents a full year of federalization however, I
believe you had indicated to me previously the date which you believe the legislation may realistically be enacted is further out.
Could you kindly provide me the assumption behind the full $3M in 2011?
2) Out of three pro formas you have provided since federalization has been considered you show federalization as high as $5M as
low as $2M and currently it appears you are expecting $3M in federalization. Could you kindly provide me the background behind
the assumptions for the different scenarios.
218
3) The flat pro forma projected surplus in 2011 is $950K which includes $3M of federalization and in 2012 the projected surplus is
$650K which also includes $3M of federal dollars. As I review your internally generated 9/30/10 balance sheet I see approx $1.1M in
cash and investments, $560K in accounts receivable, $2.6M in promises to give and $936K in endowment and $620K in current
payables. Without federalization I thumbnail a rate of loss at about( $75K‐$100K)/month. I have a few questions regarding the
above:
a) The accounts receivable is $570K at 9/30/10 and $70K 12/31/09; what exactly is accounts receivable comprised of and why
such a dramatic increase?
b) Is the endowment donor restricted or board restricted? Can the board access those principal funds for operating purposes if
need be?
c) How good is the Promises to Give amount of $2.6M; has it been adjusted for bad debts? Generally speaking what is the time
frame to collect on the promises?
d) Could you kindly provide a cash and liquidity projection under some conservative scenarios regarding different scenarios of the
timing of collecting on federalization funds. I think Don had indicated to Kathy there may be negative cash position in the first
quarter of 2011 and I would like to show the Commission members a liquidity position with and without $850K from the Commission
in the event federalization is not realized in the first quarter of 2011.
4) If I annualize your 9/30/10 YTD revenue contributions, I come up to about $4M a year however, your pro forma indicates much
less than this, approx $2.3M. I suspect there are many elements influencing the Freedom Center’s projected contributions
including the economy, donor fatigue, the debt settlement, the write down of the building, and the prospect of the federalization,
however the pro forma does not provide the assumption behind the projection. Could you kindly provide a sentence or two
narrative explaining the rationale behind the total contribution projection.

There will most certainly be more questions regarding the pro forma and financials however, If you could kindly provide the above
ASAP I can continue the financial review process.
Thanks,

To: Tony Capaci

Date: 11/09/2010 08:27 AM

Ben,
analysis)
Thanks,

To: Tony Capaci
219
Tony,
Thank you,
[attachment "image001.jpg" deleted by Benjamin Reece/NURFC] [attachment "image001.jpg" deleted by

Benjamin Reece/NURFC]
220
Kathy Fox
From: Kathy Fox
To: 'Otto Budig'
Subject: Update on Freedom Center
Dear Otto:
Please see below for recent correspondence with Don Murphy of the Freedom Center. As you and I discussed on
Tuesday, in light of the qualification added in Don’s email regarding the limited nature of the guarantee being offered, it
is important that the Freedom Center review and agree to enter into the Commission’s standard guarantee document.
To that end, I forwarded our standard guarantee documents to Don, asking that the Freedom Center and John Pepper
review them and provide a response by 11/19 as to their intent to proceed with those documents. If they ask that the
guaranty be “watered‐down” from our standard guarantee, the staff will not be able to recommend the arrangement to
the Commission.

Meanwhile, Tony has asked the Freedom Center’s CFO to respond to the following questions:
1) I notice federalization is earmarked at $3M for 2011 and out; I suspect this represents a full year of
federalization however, I believe you had indicated to me previously the date which you believe the legislation
may realistically be enacted is further out. Could you kindly provide me the assumption behind the full $3M in
2011?
2) Out of three pro formas you have provided since federalization has been considered you show federalization as
high as $5M as low as $2M and currently it appears you are expecting $3M in federalization. Could you kindly
provide me the background behind the assumptions for the different scenarios.
3) The flat pro forma projected surplus in 2011 is $950K which includes $3M of federalization and in 2012 the
projected surplus is $650K which also includes $3M of federal dollars. As I review your internally generated
9/30/10 balance sheet I see approx $1.1M in cash and investments, $560K in accounts receivable, $2.6M in
promises to give and $936K in endowment and $620K in current payables. Without federalization I thumbnail a
rate of loss at about( $75K‐$100K)/month. I have a few questions regarding the above:
a) The accounts receivable is $570K at 9/30/10 and $70K 12/31/09; what exactly is accounts receivable
comprised of and why such a dramatic increase?
b) Is the endowment donor restricted or board restricted? Can the board access those principal funds for
operating purposes if need be?
c) How good is the Promises to Give amount of $2.6M; has it been adjusted for bad debts? Generally speaking
what is the time frame to collect on the promises?
d) Could you kindly provide a cash and liquidity projection under some conservative scenarios regarding
different scenarios of the timing of collecting on federalization funds. I think Don had indicated to Kathy
there may be negative cash position in the first quarter of 2011 and I would like to show the Commission
members a liquidity position with and without $850K from the Commission in the event federalization is not
realized in the first quarter of 2011.
4) If I annualize your 9/30/10 YTD revenue contributions, I come up to about $4M a year however, your pro forma
indicates much less than this, approx $2.3M. I suspect there are many elements influencing the Freedom
Center’s projected contributions including the economy, donor fatigue, the debt settlement, the write down of
the building, and the prospect of the federalization, however the pro forma does not provide the assumption
behind the projection. Could you kindly provide a sentence or two narrative explaining the rationale behind the
total contribution projection.

Thanks,
Kathy

Executive Director
221
Vox: 614.752.2770
Fax: 614-752-2775
From: DMurphy@nurfc.org [mailto:DMurphy@nurfc.org]

To: Kathy Fox
Cc: jepepjr@aol.com
Subject: Re: Letter
Kathy
Thank you. I have forwarded your email with the certifications to John Pepper for his review. We will get back to you
before November 19.
I would like to reiterate that Mr. Pepper is guaranteeing the remaining $850,000 of funds appropriated by the Ohio
legislature and the approximately $460,000 remaining held in escrow by OCFC. Thanks for your help. We appreciate it.
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 417-3049
Fax: 513 333-7712

To: <DMurphy@nurfc.org>
Cc: "Tony Capaci" <tcapaci@culture.ohio.gov>, "Chris Bruner" <cbruner@culture.ohio.gov>, <594@ocfcsp.oasfc.local>
Date: 11/10/2010 12:25 PM
Subject: Letter
Don,
Yesterday Tony Capaci sent Ben Reece some follow up questions on the five year pro forma that we received Monday. Tony will
continue to work on the financial analysis as information is made available from Ben. This is an iterative process. Our goal is to work
toward placement of your request on the February 8, 2011 Commission Meeting agenda. Achieving this goal will require timely
cooperation from the Freedom Center as you and I discussed by telephone on Monday.

I am attaching two documents for review by the Freedom Center and John Pepper as your proposed guarantor. These documents
are:

1) Our standard form guaranty agreement;
2) Our standard CPA certification of the guarantor’s capacity

We want to make sure everyone is on the same page about the guaranty before we proceed. In light of the clarification you sent
Monday afternoon, It would be helpful for the Freedom Center and Mr. Pepper to indicate your intent to execute our standard
guaranty agreement and certification. Could you kindly provide this response by November 19? Please let me know if you have any
questions on the documents.

222
Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Cc: jepepjr@aol.com
Subject: Letter
Kathy,
The letter that I just emailed to you as a Pdf states that John and Francie Pepper will guarantee the requested funds in the
event the Freedom Center no longer exists as a cultural facility. John asked that I clarify that his guarantee is effective if
the state by no other means is able to recover the funds he will guarantee repayment.
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 417-3049
Fax: 513 333-7712[attachment "Guaranty Agreement Form Document.pdf" deleted by Don Murphy/NURFC] [attachment
"cpa certification.doc" deleted by Don Murphy/NURFC]
223
Kathy Fox
From: Kathy Fox
Cc: Tony Capaci; Chris Bruner
Subject: FW: Letter
Tracking:
Freedom Center


To: Kathy Fox
Cc: jepepjr@aol.com
Subject: Re: Letter
Kathy
before November 19.
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 417-3049
Fax: 513 333-7712

Date: 11/10/2010 12:25 PM
Subject: Letter
Don,
224

are:



Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Cc: jepepjr@aol.com
Subject: Letter
Kathy,
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 417-3049
225
Kathy Fox
To: Kathy Fox
Cc: jepepjr@aol.com
Subject: Re: Letter
Kathy
before November 19.
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 417-3049
Fax: 513 333-7712

Date: 11/10/2010 12:25 PM
Subject: Letter
Don,

are:



Thanks,
Kathy

Executive Director
226
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Cc: jepepjr@aol.com
Subject: Letter
Kathy,
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 417-3049
227
Kathy Fox
To: Kathy Fox
Subject: Letter
Return Receipt

Your Letter
document:

received
by:

at: 11/10/2010 12:30:55 PM

228
Kathy Fox
From: Administrator
To: Kathy Fox
Attachments: ATT18859.txt; Letter


DMurphy@nurfc.org

229
Kathy Fox
From: Kathy Fox
To: 'DMurphy@nurfc.org'
Cc: Tony Capaci; Chris Bruner; National Underground Railroad Freedom Center (594
Subject: Letter
Attachments: Guaranty Agreement Form Document.pdf; cpa certification.doc
Tracking:
'DMurphy@nurfc.org'
Freedom Center
Don,
Yesterday Tony Capaci sent Ben Reece some follow up questions on the five year pro forma that we received Monday.
Tony will continue to work on the financial analysis as information is made available from Ben. This is an iterative
process. Our goal is to work toward placement of your request on the February 8, 2011 Commission Meeting agenda.
Achieving this goal will require timely cooperation from the Freedom Center as you and I discussed by telephone on
Monday.

I am attaching two documents for review by the Freedom Center and John Pepper as your proposed guarantor. These
documents are:


We want to make sure everyone is on the same page about the guaranty before we proceed. In light of the clarification
you sent Monday afternoon, It would be helpful for the Freedom Center and Mr. Pepper to indicate your intent to
execute our standard guaranty agreement and certification. Could you kindly provide this response by November 19?
Please let me know if you have any questions on the documents.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
230

To: Kathy Fox
Cc: jepepjr@aol.com
Subject: Letter
Kathy,
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 417-3049
Fax: 513 333-7712
231
Kathy Fox
From: Kathy Fox
Subject: FW: FREEDOM CENTER Correspondence Attached
Attachments: OCFC-Fox 11810 Ltr.pdf

From: NHamilton@nurfc.org [mailto:NHamilton@nurfc.org] On Behalf Of DMurphy@nurfc.org
To: Kathy Fox
Cc: Robinson, Ken; jepepjr@aol.com; BReece@nurfc.org
Subject: FREEDOM CENTER Correspondence Attached
Thank you,
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 417-3049
Fax: 513 333-7712
232
Kathy Fox
From: Tony Capaci
Ben,
2011?
2) Out of three pro formas you have provided since federalization has been considered you show federalization as
3) The flat pro forma projected surplus in 2011 is $950K which includes $3M of federalization and in 2012 the
4) If I annualize your 9/30/10 YTD revenue contributions, I come up to about $4M a year however, your pro forma
Center’s projected contributions including the economy, donor fatigue, the debt settlement, the write down of
the building, and the prospect of the federalization, however the pro forma does not provide the assumption

There will most certainly be more questions regarding the pro forma and financials however, If you could kindly provide
the above ASAP I can continue the financial review process.
Thanks,

To: Tony Capaci
233

Date: 11/09/2010 08:27 AM
Ben,
analysis)
Thanks,

To: Tony Capaci
Tony,
Thank you,
[attachment "image001.jpg" deleted by Benjamin Reece/NURFC]
234
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Subject: RE: NURFC 2009 Audit - Final DRAFT
Chris is good with it as well so I will go ahead and send it…thanks,

From: Kathy Fox
To: Tony Capaci
Cc: Chris Bruner
Tony,
These questions all make sense to me, and are good questions for which we need answers. If Chris has other questions,
go ahead and add them. When ready go ahead and send out.

Thanks,
K

From: Tony Capaci
To: Kathy Fox
Cc: Chris Bruner
Kathy,
Below is my take on NURFC proforma and YTD financial statements. If you do not mind could you give it the once over
before I send it.
Thanks,
Chris,
Could you also review it and add any items you think should be addressed.
thanks

Ben,
In reviewing the revised proforma (flat) and the 9/30/10 YTD internally generated financials I have a few questions:
2011?
2) Out of three proformas you have provided since federalization has been considered you show federalization as
3) The flat proforma projected surplus in 2011 is $950K which includes $3M of federalization and in 2012 the
235
4) If I annualize your 9/30/10 YTD revenue contributions, I come up to about $4M a year however, your proforma
Center’s projected contributions including the economy, donor fatique, the debt settlement, the write down of
the building, and the prospect of the federalization, however the proforma does not provide the assumption

There will most certainly be more questions regarding the proforma and financials however, If you could kindly provide
Thanks,

To: Tony Capaci

Date: 11/09/2010 08:27 AM
Ben,
236
analysis)
Thanks,

To: Tony Capaci
Tony,
Thank you,
237
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Subject: Read: NURFC 2009 Audit - Final DRAFT
Your message

To: Tony Capaci
Cc: Chris Bruner
Subject: RE: NURFC 2009 Audit ‐ Final DRAFT
Sent: 11/9/2010 3:50 PM

was read on 11/9/2010 3:54 PM.

238
Kathy Fox
From: Chris Bruner
To: Kathy Fox
Your message

To: Tony Capaci
Cc: Chris Bruner
Sent: 11/9/2010 3:50 PM

was read on 11/9/2010 3:51 PM.

239
Kathy Fox
From: Amy Rice
To: Kathy Fox
Your message

To: Tony Capaci
Cc: Chris Bruner
Sent: 11/9/2010 3:50 PM

was read on 11/9/2010 3:51 PM.

240
Kathy Fox
To: Amy Rice
Subject: Delivered: RE: NURFC 2009 Audit - Final DRAFT
Your message

To: Tony Capaci
Cc: Chris Bruner
Sent: 11/9/2010 3:50 PM


Amy Rice on 11/9/2010 3:50 PM
241
Kathy Fox
Subject: Delivered: RE: NURFC 2009 Audit - Final DRAFT
Your message

To: Tony Capaci
Cc: Chris Bruner
Sent: 11/9/2010 3:50 PM


242
Kathy Fox
From: Kathy Fox
To: Tony Capaci
Cc: Chris Bruner
Tracking:
Tony,
These questions all make sense to me, and are good questions for which we need answers. If Chris has other questions,
go ahead and add them. When ready go ahead and send out.

Thanks,
K

From: Tony Capaci
To: Kathy Fox
Cc: Chris Bruner
Kathy,
before I send it.
Thanks,
Chris,
thanks

Ben,
2011?
243

Thanks,

To: Tony Capaci

Date: 11/09/2010 08:27 AM
Ben,
analysis)
Thanks,

244
To: Tony Capaci
Tony,
Thank you,
245
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Cc: Chris Bruner
Kathy,
before I send it.
Thanks,
Chris,
thanks

Ben,
2011?

Thanks,
246

To: Tony Capaci

Date: 11/09/2010 08:27 AM
Ben,
analysis)
Thanks,

To: Tony Capaci
Tony,
Thank you,
247
Kathy Fox
From: Tony Capaci
Cc: Kathy Fox; Chris Bruner
Ben,
Thanks for the final audit and proforma but wince there is a change to opening net assets and the building could you
kindly make the adjustments to the September 2010 balance sheet so net assets tie out. (we will include the
September 2010 financials in our analysis)
Thanks,

To: Tony Capaci
Tony,
Thank you,
248
Kathy Fox
To: Tony Capaci
Attachments: National Underground Railroad Freedom Center 2009 report.pdf
Tony,
Thank you,
249
Kathy Fox
From: Kathy Fox
To: 'Otto Budig'
Subject: FW: Letter from Freedom Center - clarification on guarantee
Dear Otto:
Per our telephone conversation, see below for the modification to the guarantee offer on the Freedom Center.
Attached is the letter.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Cc: jepepjr@aol.com
Subject: Letter
Kathy,
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 417-3049
Fax: 513 333-7712
250
Kathy Fox
From: Kathy Fox
Subject: FW: Letter from Freedom Center - clarification on guarantee
Tracking:

To: Kathy Fox
Cc: jepepjr@aol.com
Subject: Letter
Kathy,
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 417-3049
Fax: 513 333-7712
251
Kathy Fox
From: Otto Budig [obudig@parsecinc.com]
To: Kathy Fox
Subject: Read: NURFC Pro Forma Financial Statements
Attachments: ATT16374.txt
Your message
To: Otto Budig

Subject: FW: NURFC Pro Forma Financial Statements
Sent: 11/8/2010 3:01 PM
was read on 11/8/2010 3:41 PM.
252
Kathy Fox
From: Kathy Fox
To: 'Otto Budig'
Attachments: 5 year proforma as of 11-8-10.xls
Dear Otto:
Attached is the five year pro forma for the Freedom Center, received this afternoon. Tony has not had a chance to
review it in detail, but he has taken a quick look at it and notes that it assumes $3 million of federal operating subsidy for
2011 that will not be forthcoming since the Congressional legislation has not been adopted. (It is our understanding that
the effort for federal legislation will have to be re‐initiated with the new Congress in January. This will be the third time
the Freedom Center is seeking the federal legislation, and the first two efforts were not successful.) Without the $3
million of federal operating subsidy, the Freedom Center’s projections predict operating losses of $ 1.5 million to $2
million in 2011. We do not yet have the final audit for the Freedom Center for FYE 12/31/09, although we are told there
will be significant adjustments to the draft that we were sent. (See email below).

Tony has not been able to complete his financial analysis because the Freedom Center is late in providing the
information. How would you like us to proceed at this point?

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Tony Capaci
Subject: NURFC Pro Forma Financial Statements
Tony,
Here is a revised 5 year pro forma statement for the NURFC. Currently we are waiting for our audit firm's compliance
partner to give his final blessing on the FAS-144 adjustment, currently the adjustment will reduce the net book value of the
facility by approximately $42 million dollars at December 31. As this is a non-cash adjustment (basically an adjustment to
accelerate depreciation on the facility), it does not have an impact on our cash reserves or financial plans as outlined in
the pro forma. Please call me with questions, I will forward on the electronic copy of the audit as soon as it is available.
253
Thank you,
254
Kathy Fox
To: Kathy Fox
Cc: jepepjr@aol.com
Subject: Letter
Kathy,
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 417-3049
Fax: 513 333-7712
255
Kathy Fox
From: NHamilton@nurfc.org on behalf of DMurphy@nurfc.org
To: Kathy Fox
Cc: Robinson, Ken; jepepjr@aol.com; BReece@nurfc.org
Subject: FREEDOM CENTER Correspondence Attached
Thank you,
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 417-3049
Fax: 513 333-7712
256
Kathy Fox
From: NHamilton@nurfc.org
To: Kathy Fox
Subject: please call me asap
Return Receipt

Your please call me asap
document:

was NHamilton@nurfc.org
received
by:

at: 11/08/2010 01:53:32 PM

257
Kathy Fox
From: Tony Capaci
Cc: National Underground Railroad Freedom Center (594@ocfcsp.oasfc.local); Jessica DeLong
Attachments: 5 year proforma as of 11-8-10.xls
Fyi…

Jessica
Please upload and link
Thanks,

To: Tony Capaci
Subject: NURFC Pro Forma Financial Statements
Tony,
Here is a revised 5 year pro forma statement for the NURFC. Currently we are waiting for our audit firm's compliance
partner to give his final blessing on the FAS-144 adjustment, currently the adjustment will reduce the net book value of the
facility by approximately $42 million dollars at December 31. As this is a non-cash adjustment (basically an adjustment to
accelerate depreciation on the facility), it does not have an impact on our cash reserves or financial plans as outlined in
the pro forma. Please call me with questions, I will forward on the electronic copy of the audit as soon as it is available.
Thank you,
258
Kathy Fox
From: Kathy Fox
Subject: FW: Delivery Status Notification (Relay) D.Murphy 11/8/10
Attachments: ATT15733.txt; please call me asap

From: Administrator
To: Kathy Fox



DMurphy@nurfc.org

259
Kathy Fox
From: Administrator
To: Kathy Fox
Attachments: ATT15733.txt; please call me asap


DMurphy@nurfc.org

260
Kathy Fox
From: Kathy Fox
To: 'Don Murhpy'; DMurphy@nurfc.org
Subject: please call me asap
Please call me ASAP. I’ve been trying to reach you all weekend.

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

From: Don Murhpy [mailto:donmurphy10850@yahoo.com]
To: Kathy Fox
Cc: Tony Capaci; Chris Bruner; <594@ocfcsp.oasfc.local>; <DMurphy@nurfc.org>; <BReece@nurfc.org>;
jepepjr@aol.com; Ken Robinson
Subject: Re: revised pro forma
Kathy
This is very disappointing news. We realize you need the financials, however Ben assured me that Tony had
received our preliminary audit and was only waiting for our pro forma, which let you know the last time that we
spoke would be available after our finance committee meeting on Friday. We also sent a set of financial
information to Otto Budig.
Please let me know if there is some way that this can be reconsidered, especially in light of John Pepper's
guarantee. This is extremely important to our cash position going into the first of the year. The guarantees
coupled with our retirement of our debt should be sufficient cover in risk that OCFC is concerned about. Please
let me know as soon as you can if having us on the agenda tomorrow can be reconsidered.
Don
Donald W Murphy
513 333-7516
Cell: 513 417-3049
261
Never stop questioning
On Nov 7, 2010, at 13:52, "Kathy Fox" <KFox@culture.ohio.gov> wrote:
Tony,
I left a voicemail message for Don Murphy clarifying that the Freedom Center is not on the
Commission agenda for November 9. I am not sure how confusion arose on this, as I have not
been in any conversations where that date was discussed.
You have alerted me that we still have not received all of the promised financial information
from the Freedom Center. The very earliest the Commission can consider the Freedom Center’s
request to modify the existing MOU is the February 2011 meeting. The specific timing of
Commission consideration of the Freedom Center’s request is subject to the Freedom Center’s
responsiveness in providing the information they previously promised. Obviously, we need the
pro forma ASAP in order to stay on track for the first quarter meeting in February 2011.
I am sure that representatives of the Freedom Center will understand that we have dozens of
other projects vying for your financial review, and that repeatedly rescheduling your work is not
efficient, nor is it fair to other project sponsor organizations seeking approval of state funds. I
know you’ll do everything you can to be responsive when the Freedom Center provides the pro
forma, and once you’ve had the opportunity to prepare the financial analysis and
recommendations we will be able to get back with them.
Thanks,
Kathy
Executive Director

Vox: 614.752.2770
Fax: 614-752-2775
262
From: Tony Capaci

Cc: Kathy Fox; Chris Bruner; National Underground Railroad Freedom Center (594@ocfcsp.oasfc.local)
Subject: revised pro forma
Ben,
I believe Kathy and Don have been corresponding regarding, among other items, a revised
proforma. Could you kindly expedite the proforma as hope to start the financial analysis on
Monday.
Thanks,
Tony Capaci
Telephone: 614-728-6924
Fax: 614-752-2775
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.
263
Kathy Fox
To: donmurphy10850@yahoo.com; Kathy Fox
Cc: Tony Capaci; Chris Bruner; 594@ocfcsp.oasfc.local; DMurphy@nurfc.org;
BReece@nurfc.org; robinson.kb.1@pg.com
Dear Kathy,
We have not met but I wanted to write you to fervently ask that you bring the release of the funds being held in escrow to
tomorrow's agenda. I also want to formally reiterate my wife's and my guarantee of the funds that would be released on
the basis I know Don Murphy has discussed with you that would relieve you and the state of financial risk in doing this.
You have been with us at the Freedom Center for many years and this step is very important to our navigating through to
gifting the Freedom Center to the Federal government. Thank you.
Sincerely, John Pepper
From: Don Murhpy <donmurphy10850@yahoo.com>
Cc: Tony Capaci <tcapaci@culture.ohio.gov>; Chris Bruner <cbruner@culture.ohio.gov>; <594@ocfcsp.oasfc.local>
<594@ocfcsp.oasfc.local>; <DMurphy@nurfc.org> <DMurphy@nurfc.org>; <BReece@nurfc.org> <BReece@nurfc.org>;
jepepjr@aol.com <jepepjr@aol.com>; Ken Robinson <robinson.kb.1@pg.com>
Sent: Mon, Nov 8, 2010 6:31 am
Kathy
This is very disappointing news. We realize you need the financials, however Ben assured me that Tony had received our
preliminary audit and was only waiting for our pro forma, which let you know the last time that we spoke would be
available after our finance committee meeting on Friday. We also sent a set of financial information to Otto Budig.
Please let me know if there is some way that this can be reconsidered, especially in light of John Pepper's guarantee.
This is extremely important to our cash position going into the first of the year. The guarantees coupled with our
retirement of our debt should be sufficient cover in risk that OCFC is concerned about. Please let me know as soon as
you can if having us on the agenda tomorrow can be reconsidered.
Don
Donald W Murphy
513 333-7516
Cell: 513 417-3049
Tony,
I left a voicemail message for Don Murphy clarifying that the Freedom Center is not on the Commission
agenda for November 9. I am not sure how confusion arose on this, as I have not been in any
conversations where that date was discussed.
264
You have alerted me that we still have not received all of the promised financial information from the
Freedom Center. The very earliest the Commission can consider the Freedom Center’s request to modify
the existing MOU is the February 2011 meeting. The specific timing of Commission consideration of the
Freedom Center’s request is subject to the Freedom Center’s responsiveness in providing the information
they previously promised. Obviously, we need the pro forma ASAP in order to stay on track for the first
quarter meeting in February 2011.
I am sure that representatives of the Freedom Center will understand that we have dozens of other
projects vying for your financial review, and that repeatedly rescheduling your work is not efficient, nor is it
fair to other project sponsor organizations seeking approval of state funds. I know you’ll do everything
you can to be responsive when the Freedom Center provides the pro forma, and once you’ve had the
opportunity to prepare the financial analysis and recommendations we will be able to get back with them.
Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
From: Tony Capaci

Ben,
I believe Kathy and Don have been corresponding regarding, among other items, a revised proforma.
Could you kindly expedite the proforma as hope to start the financial analysis on Monday.
Thanks,
Tony Capaci
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
265
266
Kathy Fox
From: Don Murhpy [donmurphy10850@yahoo.com]
To: Kathy Fox
Cc: Tony Capaci; Chris Bruner; <594@ocfcsp.oasfc.local>; <DMurphy@nurfc.org>;
<BReece@nurfc.org>; jepepjr@aol.com; Ken Robinson
Kathy
This is very disappointing news. We realize you need the financials, however Ben assured me that Tony had
received our preliminary audit and was only waiting for our pro forma, which let you know the last time that we
spoke would be available after our finance committee meeting on Friday. We also sent a set of financial
information to Otto Budig.
Please let me know if there is some way that this can be reconsidered, especially in light of John Pepper's
guarantee. This is extremely important to our cash position going into the first of the year. The guarantees
coupled with our retirement of our debt should be sufficient cover in risk that OCFC is concerned about. Please
let me know as soon as you can if having us on the agenda tomorrow can be reconsidered.
Don
Donald W Murphy
513 333-7516
Cell: 513 417-3049
Tony,
I left a voicemail message for Don Murphy clarifying that the Freedom Center is not on the
Commission agenda for November 9. I am not sure how confusion arose on this, as I have not
been in any conversations where that date was discussed.
You have alerted me that we still have not received all of the promised financial information
from the Freedom Center. The very earliest the Commission can consider the Freedom Center’s
request to modify the existing MOU is the February 2011 meeting. The specific timing of
Commission consideration of the Freedom Center’s request is subject to the Freedom Center’s
responsiveness in providing the information they previously promised. Obviously, we need the
pro forma ASAP in order to stay on track for the first quarter meeting in February 2011.
267
I am sure that representatives of the Freedom Center will understand that we have dozens of
other projects vying for your financial review, and that repeatedly rescheduling your work is not
efficient, nor is it fair to other project sponsor organizations seeking approval of state funds. I
know you’ll do everything you can to be responsive when the Freedom Center provides the pro
forma, and once you’ve had the opportunity to prepare the financial analysis and
Thanks,
Kathy
Executive Director

Vox: 614.752.2770
Fax: 614-752-2775
From: Tony Capaci

268
Ben,
I believe Kathy and Don have been corresponding regarding, among other items, a revised
proforma. Could you kindly expedite the proforma as hope to start the financial analysis on
Monday.
Thanks,
Tony Capaci
Telephone: 614-728-6924
Fax: 614-752-2775
269
Kathy Fox
From: Kathy Fox
Subject: read receipt B. Reece 11/07/10

To: Kathy Fox
Subject: RE: revised pro forma

Return Receipt

Your RE: revised pro forma
document:

received
by:

at: 11/07/2010 10:43:09 PM

270
Kathy Fox
To: Kathy Fox
Return Receipt

Your RE: revised pro forma
document:

received
by:

at: 11/07/2010 10:43:09 PM

271
Kathy Fox
From: Kathy Fox
To: 'Otto Budig'
Subject: More on the Freedom Center
Dear Otto:
Please see below for the latest communications regarding the Freedom Center.

Thanks,
Kathy

Executive Director

Vox: 614.752.2770
Fax: 614‐752‐2775

From: Kathy Fox
To: 'BReece@nurfc.org'
Cc: Tony Capaci; DMurphy@nurfc.org

Dear Ben,
I have no knowledge of any discussion about the Freedom Center being considered for the
November 9 Commission meeting agenda. Don Murphy never mentioned this date to me. I am
confused as to how the Freedom Center could expect Tony to complete his work when the Freedom
Center hasn't met a single date by which we were promised information, and we still don't
have all the information that was requested months ago. It is Sunday evening prior to a
Tuesday morning Commission meeting. You state you might send us the missing information on
Monday morning, eight business hours prior to the Commission meeting. I don’t think it is
humanly possible to do what you are asking at this late date. I am unaware of any reason why
a February decision by the Commission would be insufficient given the circumstances.

‐‐Kathy

Executive Director

Vox: 614.752.2770
Fax: 614‐752‐2775
272

To: Kathy Fox

Kathy,

We understand the many demands on Tony's schedule, but based on the conversation between Don,
John and Mr. Budig; we , Don and I have been working under the assumption that all the
requested information was to be used for and included in the November 9 agenda. We are on
track to deliver both the audited financial statements tomorrow am and revised pro forma
statements, is there nothing that can be done to get the Center on Tuesday's agenda?

Thank you,
Benjamin T. Reece
Finance Director
Desk: (513) 333‐7592
Fax: (513) 333‐7720
50 Freedom Way
Cincinnati, OH. 45202

‐‐‐‐‐"Kathy Fox" <KFox@culture.ohio.gov> wrote: ‐‐‐‐‐

=======================
To: "Tony Capaci" <tcapaci@culture.ohio.gov>
Date: 11/07/2010 01:56PM
Cc: "Chris Bruner" <cbruner@culture.ohio.gov>, <594@ocfcsp.oasfc.local>, "Donald Murphy"
<donmurphy10850@yahoo.com>, <DMurphy@nurfc.org>, <BReece@nurfc.org>
=======================
Tony,

I left a voicemail message for Don Murphy clarifying that the Freedom
Center is not on the Commission agenda for November 9. I am not sure
how confusion arose on this, as I have not been in any conversations
where that date was discussed.

You have alerted me that we still have not received all of the promised
financial information from the Freedom Center. The very earliest the
Commission can consider the Freedom Center's request to modify the
existing MOU is the February 2011 meeting. The specific timing of
Commission consideration of the Freedom Center's request is subject to
the Freedom Center's responsiveness in providing the information they
previously promised. Obviously, we need the pro forma ASAP in order to
stay on track for the first quarter meeting in February 2011.

273
I am sure that representatives of the Freedom Center will understand
that we have dozens of other projects vying for your financial review,
and that repeatedly rescheduling your work is not efficient, nor is it
fair to other project sponsor organizations seeking approval of state
funds. I know you'll do everything you can to be responsive when the
Freedom Center provides the pro forma, and once you've had the
opportunity to prepare the financial analysis and recommendations we
will be able to get back with them.

Thanks,
Kathy


Executive Director



Vox: 614.752.2770

Fax: 614‐752‐2775

e‐mail: kfox@culture.ohio.gov <mailto:kfox@culture.ohio.gov>

kfox@post.harvard.edu <mailto:kfox@post.harvard.edu>

visit our website: www.culture.ohio.gov <http://www.culture.ohio.gov/>

Building Culture in Ohio's Communities: 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 <http://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: Tony Capaci
274
Cc: Kathy Fox; Chris Bruner; National Underground Railroad Freedom
Center (594@ocfcsp.oasfc.local)

Ben,

I believe Kathy and Don have been corresponding regarding, among other
items, a revised proforma. Could you kindly expedite the proforma as
hope to start the financial analysis on Monday.

Thanks,

Tony Capaci

Telephone: 614‐728‐6924
Fax: 614‐752‐2775
e‐mail: tcapaci@culture.ohio.gov <mailto:tcapaci@culture.ohio.gov>
website: www.culture.ohio.gov <http://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 <http://www.culture.ohio.gov/> or call (614)

275
Kathy Fox
From: Kathy Fox
Subject: FW: revised pro forma

From: Kathy Fox

Dear Ben,

‐‐Kathy

Executive Director

Vox: 614.752.2770
Fax: 614‐752‐2775

To: Kathy Fox

Kathy,


Thank you,
Benjamin T. Reece
276
Finance Director
Desk: (513) 333‐7592
Fax: (513) 333‐7720
National Underground Railroad Freedom Center 50 Freedom Way Cincinnati, OH. 45202


=======================
Date: 11/07/2010 01:56PM
=======================
Tony,




Thanks,
Kathy


Executive Director

277


Vox: 614.752.2770

Fax: 614‐752‐2775





From: Tony Capaci

Ben,


Thanks,

Tony Capaci
278

Telephone: 614‐728‐6924
Fax: 614‐752‐2775


279
Kathy Fox
From: Kathy Fox
Subject: FW: Delivery Status Notification (Relay) D. Murphy & B. Reece
Attachments: ATT15019.txt; RE: revised pro forma

From: Administrator
To: Kathy Fox



BReece@nurfc.org
DMurphy@nurfc.org

280
Kathy Fox
From: Administrator
To: Kathy Fox


BReece@nurfc.org
DMurphy@nurfc.org

281
Kathy Fox
From: Kathy Fox
Tracking:
'BReece@nurfc.org'
DMurphy@nurfc.org
Dear Ben,

‐‐Kathy

Executive Director

Vox: 614.752.2770
Fax: 614‐752‐2775

To: Kathy Fox

Kathy,


Thank you,
Benjamin T. Reece
Finance Director
282
Desk: (513) 333‐7592
Fax: (513) 333‐7720


=======================
Date: 11/07/2010 01:56PM
=======================
Tony,




Thanks,
Kathy


Executive Director


283

Vox: 614.752.2770

Fax: 614‐752‐2775





From: Tony Capaci

Ben,


Thanks,

Tony Capaci
284

Telephone: 614‐728‐6924
Fax: 614‐752‐2775


285
Kathy Fox
To: Kathy Fox

Kathy,


Thank you,
Benjamin T. Reece
Finance Director
Desk: (513) 333‐7592
Fax: (513) 333‐7720


=======================
Date: 11/07/2010 01:56PM
=======================
Tony,



286


Thanks,
Kathy


Executive Director



Vox: 614.752.2770

Fax: 614‐752‐2775





From: Tony Capaci
287

Ben,


Thanks,

Tony Capaci

Telephone: 614‐728‐6924
Fax: 614‐752‐2775


288
Kathy Fox
From: Kathy Fox
To: 'Otto Budig'
Subject: update on Freedom Center
Dear Otto:
I left a voicemail message for you on this as well. This is a heads up in case you are contacted about the status of our
staff financial review of the Freedom Center. Please see the email thread below.
If you need any additional information, just let me know.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

From: Kathy Fox
To: Tony Capaci
Cc: Chris Bruner; National Underground Railroad Freedom Center (594@ocfcsp.oasfc.local); 'Donald Murphy';
'DMurphy@nurfc.org'; 'BReece@nurfc.org'

Tony,
I left a voicemail message for Don Murphy clarifying that the Freedom Center is not on the Commission agenda for
November 9. I am not sure how confusion arose on this, as I have not been in any conversations where that date was
discussed.

You have alerted me that we still have not received all of the promised financial information from the Freedom Center.
The very earliest the Commission can consider the Freedom Center’s request to modify the existing MOU is the February
2011 meeting. The specific timing of Commission consideration of the Freedom Center’s request is subject to the
Freedom Center’s responsiveness in providing the information they previously promised. Obviously, we need the pro
forma ASAP in order to stay on track for the first quarter meeting in February 2011.

I am sure that representatives of the Freedom Center will understand that we have dozens of other projects vying for
your financial review, and that repeatedly rescheduling your work is not efficient, nor is it fair to other project sponsor
organizations seeking approval of state funds. I know you’ll do everything you can to be responsive when the Freedom
Center provides the pro forma, and once you’ve had the opportunity to prepare the financial analysis and

289
Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

From: Tony Capaci

Ben,
I believe Kathy and Don have been corresponding regarding, among other items, a revised proforma. Could you kindly
expedite the proforma as hope to start the financial analysis on Monday.
Thanks,

Tony Capaci
Telephone: 614‐728‐6924
Fax: 614‐752‐2775

290
Kathy Fox
From: Kathy Fox
Subject: FW: Delivery Status Notification (Relay) 11/7/10 email cc'd to D. Murphy and B. Reece
From: Administrator
To: Kathy Fox



DMurphy@nurfc.org
BReece@nurfc.org

291
Kathy Fox
From: Administrator
To: Kathy Fox


DMurphy@nurfc.org
BReece@nurfc.org

292
Kathy Fox
From: Kathy Fox
To: Tony Capaci
Cc: Chris Bruner; National Underground Railroad Freedom Center (594@ocfcsp.oasfc.local);
'Donald Murphy'; 'DMurphy@nurfc.org'; 'BReece@nurfc.org'
Tracking:
Freedom Center
'Donald Murphy'
'DMurphy@nurfc.org'
'BReece@nurfc.org'
Tony,
I left a voicemail message for Don Murphy clarifying that the Freedom Center is not on the Commission agenda for
November 9. I am not sure how confusion arose on this, as I have not been in any conversations where that date was
discussed.

You have alerted me that we still have not received all of the promised financial information from the Freedom Center.
The very earliest the Commission can consider the Freedom Center’s request to modify the existing MOU is the February
2011 meeting. The specific timing of Commission consideration of the Freedom Center’s request is subject to the
Freedom Center’s responsiveness in providing the information they previously promised. Obviously, we need the pro
forma ASAP in order to stay on track for the first quarter meeting in February 2011.

I am sure that representatives of the Freedom Center will understand that we have dozens of other projects vying for
your financial review, and that repeatedly rescheduling your work is not efficient, nor is it fair to other project sponsor
organizations seeking approval of state funds. I know you’ll do everything you can to be responsive when the Freedom
Center provides the pro forma, and once you’ve had the opportunity to prepare the financial analysis and

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
293

From: Tony Capaci

Ben,
Thanks,

Tony Capaci
Telephone: 614‐728‐6924
Fax: 614‐752‐2775

294
Kathy Fox
From: Tony Capaci
Ben,
Thanks,

Tony Capaci
Telephone: 614‐728‐6924
Fax: 614‐752‐2775

295
Kathy Fox
From: Kathy Fox
Subject: FW: The Freedom Center - update
Dear Otto:
We have received a preliminary audit from the Freedom Center, but we’ve been advised that there will be adjustments
to the draft we’ve received. The Freedom Center’s auditors are behind schedule and we are now told to expect the
adjusted audit numbers by the end of this week along with the five year operating pro‐forma. (Please see email thread
below).

I also wanted to alert you that, in addition to their request for the Commission to release the $850K state appropriation
in exchange for John Pepper’s proposed guarantee, it appears that the Freedom Center may also ask us to give them the
+/‐ $460K we are holding in escrow in our dedicated escrow fund. The escrow funds are held by us for costs related to
insuring, heating, securing and maintaining the building in the event the Freedom Center is unable to continue to
operate, so it is unlikely our staff will be able to recommend returning the escrow or even a portion of it at least until
after the Freedom Center gets Congressional approval for and successfully makes the transition to federal operations.
Typically we hold onto escrowed funds until the expiration of our legal agreements with the project sponsor
organization, typically 15 years after payment of the capital funds.

After we receive the financial information we are waiting for and after Tony has completed his financial analysis we’ll be
ready to discuss Tony’s recommendations with you.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

From: Kathy Fox
Cc: Tony Capaci; Chris Bruner; 594@ocfcsp.oasfc.local
Subject: RE: The Freedom Center
Don,
Thank you for the update on the audit. I know Tony did receive the preliminary, and we understand there will be
adjustments. I’m copying Tony on this response so he’ll have the updated timeline for the audit. Once we have the
audit and proforma we’ll need time to review them before we can provide any feedback.
298

Thanks again,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Subject: The Freedom Center
Kathy,
Just a brief update. We are leaning hard on our auditors to complete the audit this week. They had promised Monday
but now say Friday. I am trying my best to get it before Friday. Ben on my staff has provided Tony Capaci with a
preliminary audit in the meantime.
Our presentation of our budget to the finance/executive committee is on track for this Friday and we can get you an
approved pro forma based on that budget going forward.
In addition, we have funds in escrow with OCFC of a little over $400,000. John Pepper has also committed to
guaranteeing that sum if it would help to have those funds released from escrow as well.
Please call me if you have questions.
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 417-3049
Fax: 513 333-7712
299
Kathy Fox
To: Kathy Fox
Return Receipt

Your RE: The Freedom Center
document:

received
by:

at: 11/02/2010 10:43:18 AM

300
Kathy Fox
From: Administrator
To: Kathy Fox
Attachments: ATT10653.txt; RE: The Freedom Center


DMurphy@nurfc.org

301
Kathy Fox
From: Kathy Fox
Cc: Tony Capaci; Chris Bruner; 594@ocfcsp.oasfc.local
Tracking:
'DMurphy@nurfc.org'
Chris Bruner Delivered: 11/2/2010 9:28 AM Read: 11/2/2010 10:31 AM
Amy Rice Delivered: 11/2/2010 9:28 AM Deleted: 11/2/2010 12:50 PM
Don,
Thank you for the update on the audit. I know Tony did receive the preliminary, and we understand there will be
adjustments. I’m copying Tony on this response so he’ll have the updated timeline for the audit. Once we have the
audit and proforma we’ll need time to review them before we can provide any feedback.

Thanks again,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Kathy,

302
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 417-3049
Fax: 513 333-7712
303
Kathy Fox
To: Kathy Fox
Kathy,
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 417-3049
Fax: 513 333-7712
304
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Cc: Chris Bruner; Erica M. Johnson
Subject: nurfc financials

Hi Kathy,
We received NURFC draft audit and other obligation material. We are still waiting on the proforma ( as you indicated
this may be another week).
Ben tells us the draft audit will probably be changed to reflect a probable adjustment related to the value of the
building. I think I will have Chris go ahead and start the Exhibit E using the draft and when we get the final we can make
the adjustments. I will keep you posted.
Thanks,
Tony Capaci
Telephone: 614‐728‐6924
Fax: 614‐752‐2775

305
Kathy Fox
From: Tony Capaci
Sent: Thursday, October 28, 2010 4:26 PM
To: Amy Rice
Cc: Kathy Fox
Subject: strong possibility NURFC will be on February agenda
Amy,
NURFC should get me critical financial information next week and there is a strong possibility they will be placed on the
February agenda. Although there is not a construction project per se we should discuss the issue and bring the staff up
to speed at the morning meeting. Also, we should put on the landing page the prospect of NURFC on the agenda.
Thanks,
Tony

Tony Capaci
Telephone: 614‐728‐6924
Fax: 614‐752‐2775

306
Kathy Fox
From: Tony Capaci
Sent: Monday, October 18, 2010 3:49 PM
To: Kathy Fox
Subject: FW: Balance sheet for 9/30/10
Attachments: NURFC September 2010 Preliminary Statement of Financial Position - OCFC.xls
Importance: High
Kathy,
I was not too far off in my estimation:
Based on NURFC’s internally generated preliminary their unrestricted liquid assets is just under $4M with another
$950K in an endowment. If we estimate they are losing $800k‐$1M/year it looks like they could make it four years or
so. This is assuming they can maintain fundraising at the pace they have recently obtained. Of course my calculation is
a very rough estimate and many elements can influence the actual outcome.
Let me know if you have any questions. ( I am curious to see what their revised pro forma looks like)
Thanks

To: Tony Capaci
Cc: 594@ocfcsp.oasfc.local; DMurphy@nurfc.org; Kathy Fox
Subject: Re: Balance sheet for 9/30/10
Importance: High
Tony,
Here is the Statement of Financial Position requested.
Thank you ,
"Tony Capaci" <tcapaci@culture.ohio.gov> To <BReece@nurfc.org>
307
cc <DMurphy@nurfc.org>, "Kathy Fox" <KFox@culture.ohio.gov>,
<594@ocfcsp.oasfc.local>
10/18/2010 01:05 PM
Subject Balance sheet for 9/30/10
Ben,
I have the statement of activity for the period ending 9/30/10 however, I would like to also see the statement of financial position as
of 9/30/10. Could you kindly send it asap.
Thanks,

Tony Capaci
Project Manager
Telephone: 614‐728‐6924
Fax: 614‐752‐2775

308
Kathy Fox
To: Tony Capaci
Cc: 594@ocfcsp.oasfc.local; DMurphy@nurfc.org; Kathy Fox
Subject: Re: Balance sheet for 9/30/10
Attachments: NURFC September 2010 Preliminary Statement of Financial Position - OCFC.xls
Importance: High
Tony,
Here is the Statement of Financial Position requested.
Thank you ,

cc <DMurphy@nurfc.org>, "Kathy Fox" <KFox@culture.ohio.gov>,
10/18/2010 01:05 PM <594@ocfcsp.oasfc.local>
Subject Balance sheet for 9/30/10
Ben,
I have the statement of activity for the period ending 9/30/10 however, I would like to also see the statement of financial position as
of 9/30/10. Could you kindly send it asap.
Thanks,

Tony Capaci
Project Manager
Telephone: 614‐728‐6924
309
Fax: 614‐752‐2775

310
Kathy Fox
From: Tony Capaci
Cc: DMurphy@nurfc.org; Kathy Fox; National Underground Railroad Freedom Center (594
Subject: Balance sheet for 9/30/10
Ben,
I have the statement of activity for the period ending 9/30/10 however, I would like to also see the statement of
financial position as of 9/30/10. Could you kindly send it asap.
Thanks,

Tony Capaci
Project Manager
Telephone: 614‐728‐6924
Fax: 614‐752‐2775

311
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Subject: Read: NURFC statement of activities in a nutshell
Your message

To: Tony Capaci
Subject: RE: NURFC statement of activities in a nutshell
Sent: 10/18/2010 12:10 PM

was read on 10/18/2010 12:15 PM.

312
Kathy Fox
To: Tony Capaci
Subject: Delivered: RE: NURFC statement of activities in a nutshell
Your message

To: Tony Capaci
Sent: 10/18/2010 12:10 PM


313
Kathy Fox
From: Kathy Fox
To: Tony Capaci
Tracking:
Thanks, Tony, for a very helpful summary. We’ll wait for the audit as you suggest.

‐K

From: Tony Capaci
Sent: Monday, October 18, 2010 11:23 AM
To: Kathy Fox
Subject: NURFC statement of activities in a nutshell

Kathy,
I was mistaking when I said NURFC’s year end is 6/30; it is 12/ 31 therefore, the pre depreciation loss of ($644K)
represents nine months of activity not three. (I am sorry of the confusion) Although, they did not give us a balance
sheet I would estimate they have approximately $4m in net assets other than the building which would indicate they can
make it several more years at the current rate of operating losses. The last internally generated financials we have is
February 2010 which indicated an operating loss ( before depreciation) of approx ($1.5M). The main reason for the
drastic change from losing ($1.5M after two months to only ($644K) after nine is because they exceeded budgeted
contributions revenue (spread out between individuals and corporations) by about $1.6M. This in and of itself is quite
encouraging. I suspect because of the debt reduction there is a renewed interest among donors. (Also, the reduction of
bank fees and interest has improved the scenario) However, I wonder how long they can keep fundraising at that pace
before donor fatigue sets in.
Of course we will know more once we have the audit and can better analyze net assets and compare the audit to the
revised proforma.
Finally, NURFC made it clear these numbers are preliminary therefore, I suggest we hold out until we get the audit to
discuss the pros and cons of John Pepper’s offer.
Let me know if you have any questions.
Thanks,
Tony Capaci
Project Manager
Telephone: 614‐728‐6924
Fax: 614‐752‐2775

314
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Subject: NURFC statement of activities in a nutshell
Kathy,
I was mistaking when I said NURFC’s year end is 6/30; it is 12/ 31 therefore, the pre depreciation loss of ($644K)
represents nine months of activity not three. (I am sorry of the confusion) Although, they did not give us a balance
sheet I would estimate they have approximately $4m in net assets other than the building which would indicate they can
make it several more years at the current rate of operating losses. The last internally generated financials we have is
February 2010 which indicated an operating loss ( before depreciation) of approx ($1.5M). The main reason for the
drastic change from losing ($1.5M after two months to only ($644K) after nine is because they exceeded budgeted
contributions revenue (spread out between individuals and corporations) by about $1.6M. This in and of itself is quite
encouraging. I suspect because of the debt reduction there is a renewed interest among donors. (Also, the reduction of
bank fees and interest has improved the scenario) However, I wonder how long they can keep fundraising at that pace
before donor fatigue sets in.
Of course we will know more once we have the audit and can better analyze net assets and compare the audit to the
revised proforma.
Finally, NURFC made it clear these numbers are preliminary therefore, I suggest we hold out until we get the audit to
discuss the pros and cons of John Pepper’s offer.
Thanks,
Tony Capaci
Project Manager
Telephone: 614‐728‐6924
Fax: 614‐752‐2775

315
Kathy Fox
To: Kathy Fox
Subject: RE: The Freedom Center - discussion of guarantee
Return Receipt

Your RE: The Freedom Center ‐ discussion of guarantee
document:

received
by:

at: 10/18/2010 10:56:58 AM

316
Kathy Fox
From: Kathy Fox
To: Tony Capaci
Subject: FW: Freedom Center Statement of Activities
Attachments: NURFC September 2010 Preliminary Statement of Activities - OCFC.xls
Tracking:
Tony,
Internally generated 9/30/10 P&L for the Freedom Center, FYI. Audit still expected in early November.

To: obudig@parsecinc.com
Cc: Kathy Fox; jepepjr@aol.com
Subject: Freedom Center Statement of Activities
Otto
Please find attached in this email the Freedom Center's Statement of Activities through September 30. Please don't
hesitate to call me if you have questions. I am copying Kathy Fox as well. We will get you our audited financial statement
as soon as it is available, which I expect to be the first week in November. Thanks for your help. John and I appreciate it.
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
----- Forwarded by Don Murphy/NURFC on 10/18/10 08:45 AM -----
Benjamin Reece/NURFC To Don Murphy/NURFC@Nurfc
cc
10/18/10 08:41 AM Subject OCFC statement
317
318
Kathy Fox
Cc: Kathy Fox; jepepjr@aol.com
Subject: Freedom Center Statement of Activities
Attachments: NURFC September 2010 Preliminary Statement of Activities - OCFC.xls
Otto
Please find attached in this email the Freedom Center's Statement of Activities through September 30. Please don't
hesitate to call me if you have questions. I am copying Kathy Fox as well. We will get you our audited financial statement
as soon as it is available, which I expect to be the first week in November. Thanks for your help. John and I appreciate it.
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
----- Forwarded by Don Murphy/NURFC on 10/18/10 08:45 AM -----
Benjamin Reece/NURFC To Don Murphy/NURFC@Nurfc
cc
10/18/10 08:41 AM Subject OCFC statement
319
Kathy Fox
From: Kathy Fox
Sent: Saturday, October 16, 2010 11:09 AM
Dear Otto:
Thanks for your note. Don Murphy also emailed me regarding Friday’s discussion with you, and I very much appreciate
your note with the background, as well as your commitment to uphold the Commission’s standards.

We’ve had a lot of planning activity in the office regarding the Freedom Center because we’re trying to schedule Tony’s
financial analysis of the Freedom Center and we have to work it in with two dozen other financial reviews of various
complexities. We have 10 projects in the pipeline for the February 2011 Commission Meeting cycle for project
approval. In addition the Freedom Center is one of 14 projects (funded with “old” bonds that required us to have a
lease on the real estate) for which management agreement renewals must be considered by the Commission, currently
planned for February 2011. Tony will be doing financial check‐ups on all of the projects needing management
agreement renewals, and some will warrant full‐fledged financial analyses. The Freedom Center is one we’ve identified
for a full financial analysis due to their financial condition and the discussions about the $850K state appropriation. A
complicating factor is that Don Murphy won’t have the audit available until at least the first week in November. The
discussions with the Freedom Center have been a moving target given their hopes for federal legislation that has been
continually delayed for the past few years.

As to the guarantee, this has been a subject of discussion with the Freedom Center for several years. My guess is they
are faced with finding donors willing to give $800K to $1M now to keep the operations going, or find a way to meet the
conditions in the MOU with the Commission so the $850K of state funds can be released. In comparison, a guarantee
may be a more attractive alternative for them.

The key for the Commission will be to complete the financial analysis and run comparisons of various risk scenarios.
We’ll need to calculate the amount of unamortized bond proceeds still outstanding (they’ve received bond proceeds
from a number of different bond issuances over the years, so this will be a complicated calculation). We’ll also need to
look at what we would do with the building in the event they fail financially (we have a lease on the building under the
“old” bonds) and whether there would be enough money available to secure, insure and heat the building while we
made arrangements for some sort of transition to use by another cultural institution. Similar exercises with Toledo COSI
and the Sandusky State Theatre put heavy demands on our staff. Of course, if we are able to help the Freedom Center
stay in business permanently, that is a preferred outcome.

I’ll give you a call Monday morning to discuss this.

best,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
320

From: Otto Budig [mailto:obudig@parsecinc.com]
Sent: Friday, October 15, 2010 6:35 PM
To: Kathy Fox
Cc: Tony Capaci
Kathy:
Many thanks for the email below.
John Pepper and the CEO of the Freedom Center visited me this afternoon inquiring about what they might do
to have the $850k we provided through a MOU released.
Because I couldn’t remember the details, I requested the information they presented to the Commission some
time ago and Tony kindly provided it (with a copy to you).
Toward the conclusion of our conversation, John stipulated what might be a game changer.
He indicated that while the Center had retired its bond debt thereby making the numbers more acceptable, he
would personally guarantee the $850k in the event that the Center would go down and the State could not
recover the full amount of the grants previously provided.
As information. We’ll talk more about this on Monday.
Otto
P.S. While I make every effort not to be pulled into Commission issues involving the Cincinnati/Hamilton
County community, I hope we can help this situation if I can without compromising our standards,
All the best,
Otto

To: Otto Budig
Subject: FW: The Freedom Center - discussion of guarantee
Dear Otto:
Per the voicemail message I left on Friday afternoon, please see below for my most recent email
correspondence with Don Murphy from the Freedom Center. Please let me know when it would be convenient
to discuss the situation with you.
Thanks,
Kathy
321
Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
Building Culture in Ohio's Communities: 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: Kathy Fox

Cc: Tony Capaci; Amy Rice; '594@ocfcsp.oasfc.local'
Hi Don,
Thank you for the update. I think it would be most productive to discuss the concept of a guarantee after you’ve
sent us the audit and pro forma the first week of November. That way we’ll all be operating from the same
information.
When we receive the audit and pro forma, we’ll schedule a time for the discussion of guarantee that allows
time for our staff to review the materials.
Thanks,
Kathy

Executive Director
We’ve moved! Effective March 22, 2010, the Ohio Cultural Facilities Commission relocated to new
offices. Our new address is 100 E. Broad St., Suite 300, Columbus, OH 43215-3661. Phone and Fax
numbers remain the same.
Vox: 614.752.2770
Fax: 614-752-2775
322
facility project.

Sent: Friday, October 15, 2010 11:22 AM
To: Kathy Fox
Hi Kathy
I spoke with John Pepper about the concept of a guarantee. He is willing to discuss this and get an
understanding of the details. I believe he is only interested in a guarantee that involves the $850,000. Let me
know when it would be convenient to discuss this further. We will of course provide you with the audit you
have requested and the revised pro forma. Thanks.
Warm regards
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712

Sent: Tuesday, October 12, 2010 10:03 AM
To: Kathy Fox
Cc: Amy Rice; Tony Capaci
Subject: RE: National Underground Railroad Freedom Center
Thanks, Kathy. I will let you know the outcome of my conversation with John Pepper regarding the guarantee.
As always I appreciate your help.
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
323
Cell: 513 407-2934
Fax: 513 333-7712
"Kathy Fox" <KFox@culture.ohio.gov> To <DMurphy@nurfc.org>

cc "Tony Capaci" <tcapaci@culture.ohio.gov>, "Amy
10/12/10 09:47 AM
Rice" <ARice@culture.ohio.gov>
Subject RE: National Underground Railroad Freedom Center
Don
Thank you for the update. You also mentioned that you will be speaking with John Pepper about the possibility
of the Freedom Center obtaining a guarantee for the state funds. I look forward to hearing the outcome of that
conversation.
Per our telephone conversation this morning, we will look forward to receiving a copy of your latest audit in the
first week in November. It would be most helpful if you could also send along at the same time the five year
proforma you mentioned.
Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
facility project.

To: Kathy Fox
Subject: National Underground Railroad Freedom Center
324
Kathy
I want to update you on where we are on the federal legislation and also propose a slightly different approach in
light of the elimination of all of our outstanding debt. This retiring of the bonded indebtedness also means that
our annual interest expense has been removed as well. This has a very positive impact on our operating budget
and the sustainability of the Freedom Center.
First the legislation. The language we proposed that would gift the Freedom Center to the people of the United
States is being supported by Sen. Sherrod Brown. He is committed to attaching the language to must pass
legislation. We were not able to get it attached to the recent continuing resolution (CR) that passed congress.
As a result a bill is being sought in the lame duck session. However, there may be no bill in the lame duck
session. We will have to wait until the new session of congress in January of 2011.
Therefore, I would like to propose that my staff send a revised pro forma that will reflect the consequence of
having retired our debt and hence eliminated substantial annual interest expense. The Freedom Center is now in
a far better position than it has ever been with respect to sustainability compared to where it was when we
received the majority of the capital funding from the state. We would like the opportunity to demonstrate
through a revised pro forma and discussions with your staff that the Freedom Center can be sustained.
I appreciate very much all that you and your staff have done to work with us and the support you have given the
Freedom Center. Please let me know if presenting a revised pro forma is something you can entertain.
The audit for the year ending 2009 will be available the first week in November.
Warmest regards,
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
325
Kathy Fox
From: Administrator
To: Kathy Fox
Attachments: ATT08155.txt; RE: The Freedom Center - discussion of guarantee


DMurphy@nurfc.org

326
Kathy Fox
From: Kathy Fox
To: 'Donald Murphy'; DMurphy@nurfc.org
Cc: Tony Capaci; Amy Rice; 594@ocfcsp.oasfc.local
Tracking:
'Donald Murphy'
DMurphy@nurfc.org
Tony Capaci Delivered: 10/16/2010 10:04 AM
Amy Rice Delivered: 10/16/2010 10:04 AM
Don,
Thanks for your note. Yes, I’m aware that you and John met with Otto on Friday. I understand you’ll be copying Tony
Capaci on all information you send to Otto so that Tony can complete the financial review we’ve been discussing with
you.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

From: Donald Murphy [mailto:donmurphy10850@yahoo.com]
To: Kathy Fox; DMurphy@nurfc.org
Subject: Re: The Freedom Center - discussion of guarantee
Thanks, Kathy
As a heads up, John Pepper spoke with Otto Budig about the possibility of a guarantee. John and Otto are old
friends so no way of preventing him from seeking Otto's counsel on this. As a result Otto asked my office for
the latest P&L and any other recent financials we have. I let him know that we had been speaking about this
and that I had promised your office the audit by the first week in November along with a revised pro forma. So
you may hear from Otto on this as well. Just thought you should know.
Don
327
To: DMurphy@nurfc.org
Cc: Tony Capaci <tcapaci@culture.ohio.gov>; Amy Rice <ARice@culture.ohio.gov>; 594@ocfcsp.oasfc.local
Sent: Fri, October 15, 2010 4:47:45 PM
Hi Don,
Thank you for the update. I think it would be most productive to discuss the concept of a guarantee after
you’ve sent us the audit and pro forma the first week of November. That way we’ll all be operating from the
same information.
Thanks,
Kathy

Executive Director
We’ve moved! Effective March 22, 2010, the Ohio Cultural Facilities Commission relocated to new offices. Our new address is 100 E. Broad
St., Suite 300, Columbus, OH 43215-3661. Phone and Fax numbers remain the same.
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Hi Kathy
I spoke with John Pepper about the concept of a guarantee. He is willing to discuss this and get an understanding of the
details. I believe he is only interested in a guarantee that involves the $850,000. Let me know when it would be
convenient to discuss this further. We will of course provide you with the audit you have requested and the revised pro
forma. Thanks.
Warm regards
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
328
329
Kathy Fox
From: Donald Murphy [donmurphy10850@yahoo.com]
Subject: Re: The Freedom Center - discussion of guarantee
Thanks, Kathy
As a heads up, John Pepper spoke with Otto Budig about the possibility of a guarantee. John and Otto are old
friends so no way of preventing him from seeking Otto's counsel on this. As a result Otto asked my office for
the latest P&L and any other recent financials we have. I let him know that we had been speaking about this
and that I had promised your office the audit by the first week in November along with a revised pro forma. So
you may hear from Otto on this as well. Just thought you should know.
Don

Cc: Tony Capaci <tcapaci@culture.ohio.gov>; Amy Rice <ARice@culture.ohio.gov>; 594@ocfcsp.oasfc.local
Sent: Fri, October 15, 2010 4:47:45 PM
Hi Don,
Thank you for the update. I think it would be most productive to discuss the concept of a guarantee after
you’ve sent us the audit and pro forma the first week of November. That way we’ll all be operating from the
same information.
Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

330
To: Kathy Fox
Hi Kathy
forma. Thanks.
Warm regards
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
331
Kathy Fox
From: Otto Budig [obudig@parsecinc.com]
To: Kathy Fox
Cc: Tony Capaci
Kathy:
Many thanks for the email below.
John Pepper and the CEO of the Freedom Center visited me this afternoon inquiring about what they might do
to have the $850k we provided through a MOU released.
Because I couldn’t remember the details, I requested the information they presented to the Commission some
time ago and Tony kindly provided it (with a copy to you).
Toward the conclusion of our conversation, John stipulated what might be a game changer.
He indicated that while the Center had retired its bond debt thereby making the numbers more acceptable, he
would personally guarantee the $850k in the event that the Center would go down and the State could not
recover the full amount of the grants previously provided.
As information. We’ll talk more about this on Monday.
Otto
P.S. While I make every effort not to be pulled into Commission issues involving the Cincinnati/Hamilton
County community, I hope we can help this situation if I can without compromising our standards,
All the best,
Otto

To: Otto Budig
Dear Otto:
Per the voicemail message I left on Friday afternoon, please see below for my most recent email
correspondence with Don Murphy from the Freedom Center. Please let me know when it would be convenient
to discuss the situation with you.
Thanks,
Kathy
332
Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
facility project.
From: Kathy Fox

Hi Don,
Thank you for the update. I think it would be most productive to discuss the concept of a guarantee after you’ve
sent us the audit and pro forma the first week of November. That way we’ll all be operating from the same
information.
Thanks,
Kathy

Executive Director
We’ve moved! Effective March 22, 2010, the Ohio Cultural Facilities Commission relocated to new
offices. Our new address is 100 E. Broad St., Suite 300, Columbus, OH 43215-3661. Phone and Fax
numbers remain the same.
Vox: 614.752.2770
Fax: 614-752-2775
333
facility project.

To: Kathy Fox
Hi Kathy
I spoke with John Pepper about the concept of a guarantee. He is willing to discuss this and get an
understanding of the details. I believe he is only interested in a guarantee that involves the $850,000. Let me
know when it would be convenient to discuss this further. We will of course provide you with the audit you
have requested and the revised pro forma. Thanks.
Warm regards
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712

To: Kathy Fox
Thanks, Kathy. I will let you know the outcome of my conversation with John Pepper regarding the guarantee.
As always I appreciate your help.
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
334
Cell: 513 407-2934
Fax: 513 333-7712

cc "Tony Capaci" <tcapaci@culture.ohio.gov>, "Amy
10/12/10 09:47 AM
Rice" <ARice@culture.ohio.gov>
Subject RE: National Underground Railroad Freedom Center
Don
Thank you for the update. You also mentioned that you will be speaking with John Pepper about the possibility
of the Freedom Center obtaining a guarantee for the state funds. I look forward to hearing the outcome of that
conversation.
Per our telephone conversation this morning, we will look forward to receiving a copy of your latest audit in the
first week in November. It would be most helpful if you could also send along at the same time the five year
proforma you mentioned.
Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
facility project.

To: Kathy Fox
335
Kathy
I want to update you on where we are on the federal legislation and also propose a slightly different approach in
light of the elimination of all of our outstanding debt. This retiring of the bonded indebtedness also means that
our annual interest expense has been removed as well. This has a very positive impact on our operating budget
and the sustainability of the Freedom Center.
First the legislation. The language we proposed that would gift the Freedom Center to the people of the United
States is being supported by Sen. Sherrod Brown. He is committed to attaching the language to must pass
legislation. We were not able to get it attached to the recent continuing resolution (CR) that passed congress.
As a result a bill is being sought in the lame duck session. However, there may be no bill in the lame duck
session. We will have to wait until the new session of congress in January of 2011.
Therefore, I would like to propose that my staff send a revised pro forma that will reflect the consequence of
having retired our debt and hence eliminated substantial annual interest expense. The Freedom Center is now in
a far better position than it has ever been with respect to sustainability compared to where it was when we
received the majority of the capital funding from the state. We would like the opportunity to demonstrate
through a revised pro forma and discussions with your staff that the Freedom Center can be sustained.
I appreciate very much all that you and your staff have done to work with us and the support you have given the
Freedom Center. Please let me know if presenting a revised pro forma is something you can entertain.
Warmest regards,
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
336
Kathy Fox
From: Kathy Fox
To: 'Otto Budig'
Dear Otto:
Per the voicemail message I left on Friday afternoon, please see below for my most recent email correspondence with
Don Murphy from the Freedom Center. Please let me know when it would be convenient to discuss the situation with
you.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

From: Kathy Fox
Hi Don,
Thank you for the update. I think it would be most productive to discuss the concept of a guarantee after you’ve sent us
the audit and pro forma the first week of November. That way we’ll all be operating from the same information.

When we receive the audit and pro forma, we’ll schedule a time for the discussion of guarantee that allows time for our
staff to review the materials.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
337

To: Kathy Fox
Hi Kathy
forma. Thanks.
Warm regards
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712

To: Kathy Fox
Thanks, Kathy. I will let you know the outcome of my conversation with John Pepper regarding the guarantee. As always
I appreciate your help.
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712

cc "Tony Capaci" <tcapaci@culture.ohio.gov>, "Amy Rice" <ARice@culture.ohio.gov>
10/12/10 09:47 AM Subject RE: National Underground Railroad Freedom Center
338
Don

Thank you for the update. You also mentioned that you will be speaking with John Pepper about the possibility of the Freedom
Center obtaining a guarantee for the state funds. I look forward to hearing the outcome of that conversation.

Per our telephone conversation this morning, we will look forward to receiving a copy of your latest audit in the first week in
November. It would be most helpful if you could also send along at the same time the five year proforma you mentioned.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Kathy
I want to update you on where we are on the federal legislation and also propose a slightly different approach in light of
the elimination of all of our outstanding debt. This retiring of the bonded indebtedness also means that our annual interest
expense has been removed as well. This has a very positive impact on our operating budget and the sustainability of the
Freedom Center.
First the legislation. The language we proposed that would gift the Freedom Center to the people of the United States is
being supported by Sen. Sherrod Brown. He is committed to attaching the language to must pass legislation. We were
not able to get it attached to the recent continuing resolution (CR) that passed congress. As a result a bill is being sought
in the lame duck session. However, there may be no bill in the lame duck session. We will have to wait until the new
session of congress in January of 2011.
Therefore, I would like to propose that my staff send a revised pro forma that will reflect the consequence of having retired
our debt and hence eliminated substantial annual interest expense. The Freedom Center is now in a far better position
than it has ever been with respect to sustainability compared to where it was when we received the majority of the capital
funding from the state. We would like the opportunity to demonstrate through a revised pro forma and discussions with
your staff that the Freedom Center can be sustained.
I appreciate very much all that you and your staff have done to work with us and the support you have given the Freedom
Center. Please let me know if presenting a revised pro forma is something you can entertain.
Warmest regards,
339
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712

340
Kathy Fox
From: Tony Capaci
Cc: Kathy Fox
Subject: 20100211NURFC.pdf
Attachments: 20100211NURFC
Otto,
Attached is the NURFC Pasr. Let me know if you need anything else.
Thanks and have a great weekend
Tony
341
Kathy Fox
From: Kathy Fox
To: '594@ocfcsp.oasfc.local'
Subject: FW: Delivery Status Notification (Relay) - discussion of guarantee
Attachments: ATT07931.txt; RE: The Freedom Center - discussion of guarantee; RE: The Freedom Center
- discussion of guarantee

From: Administrator
To: Kathy Fox



DMurphy@nurfc.org

342
Kathy Fox
From: Administrator
To: Kathy Fox
Attachments: ATT07931.txt; RE: The Freedom Center - discussion of guarantee


DMurphy@nurfc.org

343
Kathy Fox
From: Kathy Fox
Tracking:
'DMurphy@nurfc.org'
'594@ocfcsp.oasfc.local'
Hi Don,
Thank you for the update. I think it would be most productive to discuss the concept of a guarantee after you’ve sent us
the audit and pro forma the first week of November. That way we’ll all be operating from the same information.

When we receive the audit and pro forma, we’ll schedule a time for the discussion of guarantee that allows time for our
staff to review the materials.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Hi Kathy
forma. Thanks.
Warm regards
344
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
345
Kathy Fox
To: Kathy Fox

Flag Status: Completed
Hi Kathy
forma. Thanks.
Warm regards
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
346
Kathy Fox
To: Kathy Fox
Thanks, Kathy. I will let you know the outcome of my conversation with John Pepper regarding the guarantee. As always
I appreciate your help.
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712

cc "Tony Capaci" <tcapaci@culture.ohio.gov>, "Amy Rice" <ARice@culture.ohio.gov>
10/12/10 09:47 AM Subject RE: National Underground Railroad Freedom Center
Don

Thank you for the update. You also mentioned that you will be speaking with John Pepper about the possibility of the Freedom
Center obtaining a guarantee for the state funds. I look forward to hearing the outcome of that conversation.

Per our telephone conversation this morning, we will look forward to receiving a copy of your latest audit in the first week in
November. It would be most helpful if you could also send along at the same time the five year proforma you mentioned.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

347
To: Kathy Fox
Kathy
Freedom Center.
Warmest regards,
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
348
Kathy Fox
To: Kathy Fox
Return Receipt

Your RE: National Underground Railroad Freedom Center
document:

received
by:

at: 10/12/2010 09:51:09 AM

349
Kathy Fox
From: Administrator
To: Kathy Fox
Attachments: ATT04916.txt; RE: National Underground Railroad Freedom Center


DMurphy@nurfc.org

350
Kathy Fox
From: Kathy Fox
Cc: Tony Capaci; Amy Rice
Tracking:
'DMurphy@nurfc.org'
Amy Rice Delivered: 10/12/2010 9:44 AM Read: 10/12/2010 9:48 AM
Don

Thank you for the update. You also mentioned that you will be speaking with John Pepper about the possibility of the
Freedom Center obtaining a guarantee for the state funds. I look forward to hearing the outcome of that conversation.

Per our telephone conversation this morning, we will look forward to receiving a copy of your latest audit in the first
week in November. It would be most helpful if you could also send along at the same time the five year proforma you
mentioned.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Kathy
Freedom Center.
351
Warmest regards,
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
352
Kathy Fox
To: Kathy Fox
Kathy
Freedom Center.
Warmest regards,
Don
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
353
Kathy Fox
Sent: Wednesday, August 04, 2010 10:33 AM
To: Kathy Fox
Return Receipt

Your RE: National Underground Railroad Freedom Center
document:

received
by:

at: 08/04/2010 10:33:21 AM

354
Kathy Fox
From: Administrator
To: Kathy Fox
Attachments: ATT55992.txt; RE: National Underground Railroad Freedom Center


DMurphy@nurfc.org

355
Kathy Fox
From: Kathy Fox
Cc: Tony Capaci; Dave Wartel
Tracking:
'DMurphy@nurfc.org'
Dave Wartel Delivered: 8/4/2010 10:27 AM
Don,
Thank you for the updates. Congratulations on the establishment of your endowment—that is indeed heartening news.
The companion news about your current congressional dialogue is also encouraging, but points to an important
continuing risk with regard to your sustainability. The pro‐forma provided by your staff a few months ago illustrated a
need for Federal operating funds at a level significantly above the current level, and it is our understanding that those
additional Federal funds would be available only after the proposed legislation is adopted. The endowment, while a
promising development, is insufficient to replace the needed Federal funds on an ongoing basis.

You’ll recall that the Resolution the Commission approved earlier this year required that the Federal legislation be
adopted prior to the Freedom Center returning to the Commission for release of the state capital appropriation. As
soon as that legislation is passed, we look forward to working with you toward Commission approval to release the state
capital funds. And of course, we look forward in the meantime to seeing the draft legislation and then working through
drafting of the related documents.

We wish you good luck as you work through the Federal legislative and appropriations process. Please continue to keep
us posted on those developments.

With my best regards,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

Sent: Tuesday, August 03, 2010 4:41 PM
356
To: Kathy Fox
Kathy,
I would like to give you a brief update on where we are with gifting the Freedom Center to the people of the United State
and also with our long term sustainability.
As of today Mr. Driehaus, 1st district representative, OH is working with the leadership to have language added to the
senate appropriations bill now moving through the senate. The bill has been marked up and is now going to the floor
where Sen. Sherrod Brown will offer an amendment to add the language referenced above. The bill, when it passes the
senate, hopefully with our language included, will go to the House appropriations committee. The chairman of that
committee, Mr. Moran working with the office of the speaker, is committed to making sure the language remains in the
House version. I give us about a 60/40 chance of success. However, it is undetermined if the appropriations process with
be completed before or after the election. Whether the House and Senate turn over politically should not have an impact
we are being advised, because of the bipartisan support we have for this effort.
Despite this good news, we still are faced with the need to secure the $850,000 in capital funds still remaining, which has
been contingent upon the Freedom Center demonstrating sustainability. We have done the best we can to develop
several scenarios that will lead to sustainability, however they all come down to our ability to raise operating funds to meet
our annual operating budget.
Currently this is the financial situation of the Freedom Center:
• We are debt free (the bonds have been retired and we have no net interest payments going forward)
• Our annual budget is approximately $5.7million
• We are on track to meet this budget, with $2 million in revenue left to raise by the end of the year (we have a plan
to do so and we are on track)
• We have established, within the last month, a $1.050 million endowment
Part of our revenue strategy includes securing the $850,000 currently with OCFC. We need to understand, given our
current improved financial situation, what has to be true in order for us to secure the $850,000? I believe that Ben Reece
of my staff provided Tony Capaci with some initial sustainability scenarios, but we have not yet discussed or agreed upon
exactly what would be adequate evidence that we are a sustainable organization. By this email I am requesting that we
begin to work together to within the next couple of weeks to answers these questions. We should know within a week
whether or not our attempt have language included in an appropriations bill to gift the Freedom Center to the United
States is successful. Please let me know your thoughts and how you suggest we proceed.
Warmest regards,
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
357
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Attachments: NURFC five year pro-forma revenue statements for the OCFC.xls
Kathy,
Below is the provision in the MOU stating Federal
Legislation must be enacted prior to getting signed
legal agreements. Regarding Don’s question on
the financial statements (as to what must the
Freedom Center show in order to demonstrate
sustainability) I would say they need actual
financial statements indicating a pre depreciation
surplus and a proforma (based on solid
projections) also showing pre depreciation
surpluses. The last pro forma they provided
indicates a projected loss in 2011 and projected
pre depreciation surpluses of about $213K‐$270K
however, those projections include $2M of federal
dollars each year. Without the federal dollars they
have net assets sufficient to last about two years.
358
If we are going to consider a financial review
(which passes muster regarding sustainability) we
would need current ytd financials indicating a
break even or surplus scenario (pre‐depreciation)
and a proforma also indicating a pre‐depreciation
or break even scenario not including the federal
dollars.
Let me know if you need anything else.
Thanks,

359

From: Kathy Fox
To: Tony Capaci
Cc: Dave Wartel
Subject: FW: National Underground Railroad Freedom Center
Tony,
Please see email below. Please let me know how much time would be involved in doing an evaluation of the Freedom
Center’s finances and sustainability. Do not start this financial assessment, just provide a time estimate at this point.

Also, please have one of the project services staff members review the most recent Commission resolution and MOU
and excerpt out the conditions under which the Freedom Center is eligible to return to the Commission for approval –if I
recall correctly, they need to have the Federal legislation passed, not just introduced.

Thanks,
Kathy

To: Kathy Fox
Kathy,
360
Warmest regards,
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
361
Kathy Fox
From: Kathy Fox
To: Dave Wartel
Tracking:
Dave Wartel Delivered: 8/3/2010 5:12 PM Read: 8/3/2010 5:18 PM

From: Tony Capaci
To: Kathy Fox
Kathy,
Per my last review of the most recent proforma (received from Ben Reese) it was clear the Freedom Center should be
able to make it for the next two years or so. However, sustaining losses past that will be quite a problem. Therefore, I
did not see sustainability without the Federalization a promising proposition. I can re‐review the proforma which was
last provided, compare it to past financials and analyze it in a couple of hours. Since the proforma provided a pre
depreciation projection including the debt payoff I thought it was a good indicator (at the time). I can talk to you more
about it tomorrow.
Thanks,
Tony

From: Kathy Fox
To: Tony Capaci
Cc: Dave Wartel
Tony,


Thanks,
Kathy

To: Kathy Fox
Kathy,
362
Warmest regards,
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
363
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Kathy,
Per my last review of the most recent proforma (received from Ben Reese) it was clear the Freedom Center should be
able to make it for the next two years or so. However, sustaining losses past that will be quite a problem. Therefore, I
did not see sustainability without the Federalization a promising proposition. I can re‐review the proforma which was
last provided, compare it to past financials and analyze it in a couple of hours. Since the proforma provided a pre
depreciation projection including the debt payoff I thought it was a good indicator (at the time). I can talk to you more
about it tomorrow.
Thanks,
Tony

From: Kathy Fox
To: Tony Capaci
Cc: Dave Wartel
Tony,


Thanks,
Kathy

To: Kathy Fox
Kathy,
364
Warmest regards,
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
365
Kathy Fox
From: Kathy Fox
To: Tony Capaci
Cc: Dave Wartel
Tracking:
Tony,


Thanks,
Kathy

To: Kathy Fox
Kathy,
366
Warmest regards,
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
367
Kathy Fox
To: Kathy Fox

Kathy,
Warmest regards,
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
368
Kathy Fox
From: Kathy Fox
Sent: Tuesday, June 01, 2010 11:23 PM
To: Jessica Fagan; Barbara Witt; Dave Wartel
Subject: RE: monthly report outline
Tracking:
Jessica Fagan Delivered: 6/1/2010 11:23 PM Read: 6/2/2010 10:56 AM
Barbara Witt Delivered: 6/1/2010 11:23 PM Read: 6/9/2010 8:39 AM
Dave Wartel Delivered: 6/1/2010 11:23 PM Read: 6/2/2010 9:08 AM
Thanks Jessica. Please add: Graduate Student Intern Amanda Alexander completes doctoral dissertation and accepts
teaching position at Edinbourough (ck sp.) U. in PA.

Thx,
K

From: Jessica Fagan
Sent: Tuesday, June 01, 2010 11:24 AM
To: Kathy Fox; Barbara Witt; Dave Wartel
Subject: monthly report outline

Here is a draft outline for the May monthly report; please let me know if you have additional items.

Commission News
‐ May meeting recap
‐ $$ reimbursed for May

Project News
‐ New exhibit opening at Imagination Station
‐ Boonshoft receives $800,000 NASA grant
‐ Stambaugh organ restoration continues (photo)
‐ Columbus Clippers receive Emerald Award for recycling efforts at Huntington Park
‐ Future of Fairfield County parks uncertain after levy defeat
‐ NURFC exhibit draws largest crowd ever
‐ # of projects in assessment for August

Staff News
‐ Jon hired as project manager

Jessica Fagan
Communications Manager
Telephone: 614-752-2770
Direct: 614-995-7552
Fax: 614-752-2775
e-mail: jfagan@culture.ohio.gov
369
370
Kathy Fox
From: Kathy Fox
Sent: Monday, April 26, 2010 6:51 PM
To: Dave Wartel; Barbara Witt
Subject: RE: April Mo. Report Outline
Tracking:
Dave Wartel Delivered: 4/26/2010 6:51 PM Read: 4/27/2010 8:49 AM
Thanks. See below
‐K

From: Dave Wartel
To: Kathy Fox; Barbara Witt
Subject: April Mo. Report Outline

Potential content for the April monthly report. Please give feedback to me by COB tomorrow (Tuesday) so that I can see
how much Amanda can help with.

COMMISSION NEWS
• Project reimbursements
• Upcoming meeting agenda stats
• August meeting submittal stats
• Ribbon cutting at Morgan Twp. /Otto’s participation

PROJECT NEWS
• Lucas County Arena now Huntington Center; Arena sparks new downtown enterprises
• Western Reserve Historical Society – effort to split Crawford from WRHS
• NURFC ‐ Freedom Center Gets Private Funding for Permanent Exhibition on Modern Slavery; ranked #18 in Top
Black Museums in America
• OHS/Harding Home ‐ Marion Technical College will take over day‐to‐day management
• Columbus Museum of Art – received private funding from Cardinal and AEP
• Packard Music Hall ‐ Packard finances remain off key
• Contemporary Arts Center ‐ looking to refinance debt

ITEMS OF INTEREST
•

Thanks,
Dave
David P. Wartel
Assistant Director / Chief Operating Officer
We’ve moved! Effective March 22, 2010, the Ohio Cultural Facilities Commission relocated its offices. Our new address is 100 East Broad
Street, Suite 300, Columbus, OH 43215-3661. Our phone and fax numbers remain the same.
371
Telephone: 614-752-2770
Direct: 614-728-3328
Fax: 614-752-2775
e-mail: dwartel@culture.ohio.gov
372
Kathy Fox
From: Tony Capaci
Sent: Friday, April 16, 2010 1:50 PM
To: National Underground Railroad Freedom Center (594docs@ocfcsp.oasfc.local); Kathy Fox;
Barbara Witt; Jessica Fagan
Subject: NURFC settlement agreement
Attachments: 5thfloorexec.pdf
Hi All,
FYI…we received a signed copy of the NURFC settlement agreement which is uploaded to Sharepoint.
Thanks,

Sent: Friday, April 16, 2010 9:51 AM
To: Tony Capaci
Subject: RE: NURFC 3rd QFY10 interest.pdf - Adobe Acrobat Professional/ proforma
Here is a signed copy of the agreement. Please call me if you have any questions.
Thank you,
373
Kathy Fox
From: Tony Capaci
Sent: Tuesday, April 13, 2010 1:38 PM
To: Barbara Witt; Kathy Fox
Cc: Jessica Fagan; National Underground Railroad Freedom Center (594@ocfcsp.oasfc.local)
Subject: NURFC agreement
Kathy, Barbara,
FYI…the NURFC agreement with the bank has been signed and I have requested a copy for our records. I have received a
proforma from Ben Reece and will review the same this week.
Thanks,
Tony

Jessica,
When you get a chance come by and I will inform you about a NURFC agreement with their bank which I believe you
may want to use as an item for the newsletter.
Thanks,
Tony

Tony Capaci
Project Manager

We’ve moved! Effective March 22, 2010, the Ohio Cultural Facilities Commission relocated to new offices. Our new address is 100 East Broad
Street, Suite 300, Columbus, OH 43215-3661. Our phone and fax numbers remain the same.
Telephone: 614‐728‐6924
Fax: 614‐752‐2775

374
Kathy Fox
From: Tony Capaci
Sent: Wednesday, March 31, 2010 12:54 PM
Subject: FW: agreement
Kathy, Barbara,
According to Ben at NURFC the Bank agreement does not require any action from the Commission
Thanks,

Sent: Wednesday, March 31, 2010 8:33 AM
To: Tony Capaci
Subject: Re: agreement
Correct
"Tony Capaci" <tcapaci@culture.ohio.gov> To <'BReece@nurfc.org>

cc <594@ocfcsp.oasfc.local>
03/30/2010 04:31 PM Subject agreement
Ben,
As I understand the agreement it does not require any action from the Commission.
Please confirm.
Thanks
Tony

Tony Capaci
Project Manager
We’ve moved! Effective March 22, 2010, the Ohio Cultural Facilities Commission relocated to new offices. Our new address is 100 East Broad Street,
Suite 300, Columbus, OH 43215-3661. Our phone and fax numbers remain the same.
Telephone: 614‐728‐6924
Fax: 614‐752‐2775
375

376
Kathy Fox
Sent: Tuesday, March 30, 2010 3:59 PM
To: Tony Capaci
Cc: BReece@nurfc.org; Barbara Witt; Kathy Fox
Subject: Re: FW: five year operating proforma
Tony
I will make sure we get this to you right away.
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712

cc "Barbara Witt" <bwitt@culture.ohio.gov>, "Kathy Fox" <KFox@culture.ohio.gov>,
03/30/10 12:48 PM <DMurphy@nurfc.org>
Subject FW: five year operating proforma
Ben,
Kindly give me an idea of when I can expect to receive the operating proforma. (We have it as an open item and I would like to stay
current on the status)
Thanks,
Tony

From: Tony Capaci
Sent: Monday, March 15, 2010 2:04 PM
Cc: Barbara Witt; 'DMurphy@nurfc.org'
Subject: five year operating proforma

Ben,
I spoke with Don regarding obtaining a five year operating proforma without interest expense or bank fees. When preparing the
proforma kindly show operating before and after depreciation. Also, kindly detail the assumptions behind fundraising projections.
Thanks,
Tony

Tony Capaci
Project Manager
We’re moving! Effective March 22, 2010, the Ohio Cultural Facilities Commission will relocate its offices. Our new address is 100 East Broad Street,
Suite 300, Columbus, OH 43215-3661. Our phone and fax numbers will remain the same.
Telephone: 614‐728‐6924
377
Fax: 614‐752‐2775

378
Kathy Fox
From: Tony Capaci
Sent: Tuesday, March 30, 2010 12:42 PM
Cc: Barbara Witt; Kathy Fox; DMurphy@nurfc.org
Subject: FW: five year operating proforma
Ben,
Kindly give me an idea of when I can expect to receive the operating proforma. (We have it as an open item and I would
like to stay current on the status)
Thanks,
Tony

From: Tony Capaci
Cc: Barbara Witt; 'DMurphy@nurfc.org'
Subject: five year operating proforma

Ben,
I spoke with Don regarding obtaining a five year operating proforma without interest expense or bank fees. When
preparing the proforma kindly show operating before and after depreciation. Also, kindly detail the assumptions behind
fundraising projections.
Thanks,
Tony

Tony Capaci
Project Manager
We’re moving! Effective March 22, 2010, the Ohio Cultural Facilities Commission will relocate its offices. Our new address is 100 East Broad
Street, Suite 300, Columbus, OH 43215-3661. Our phone and fax numbers will remain the same.
Telephone: 614‐728‐6924
Fax: 614‐752‐2775

379
Kathy Fox
From: Tony Capaci
Subject: NURFC (Don Murphy call)

Kathy, Barbara,
I spoke with Don Murphy today and discussed issues of full funding, operating projections, federalization and debt and
investment reduction. I told him I will request from Ben Reece a five year operating proforma and once reviewed I will
schedule a meeting between OCFC staff to discuss. I will get back to him after that meeting.
Thanks,
Tony
Tony Capaci
Project Manager
We’re moving! Effective March 22, 2010, the Ohio Cultural Facilities Commission will relocate its offices. Our new address is 100 East Broad
Street, Suite 300, Columbus, OH 43215-3661. Our phone and fax numbers will remain the same.
Telephone: 614‐728‐6924
Fax: 614‐752‐2775

380
Kathy Fox
From: Kathy Fox
Sent: Sunday, February 28, 2010 12:15 AM
To: Barbara Witt
Cc: '599@ocfcsp.oasfc.local'
Subject: RE: contemporary arts center/ bond funds for leasehold improvements
Tracking:
Barbara Witt Delivered: 2/28/2010 7:00 AM Read: 3/1/2010 4:04 PM
B‐
Thanks for forwarding this update. When and where did this issue originate?

I do have some questions about Tom’s analysis. Although our funds may not have paid for those items, an empty
building will not make it possible to present culture to the public. We should discuss as soon as more info is available.
Also, this project should be placed on the red flag list. Would be helpful to know if they are now in a similar situation
with their bankers as NURFC.

Thanks,
K

From: Barbara Witt
Sent: Friday, February 26, 2010 4:54 PM
To: Kathy Fox
Subject: FW: contemporary arts center/ bond funds for leasehold improvements

fyi

Barbara Witt
Assistant Director for Project Services
Telephone: 614‐728‐8923
Fax: 614‐752‐2775
e‐mail: bwitt@culture.ohio.gov

From: Tony Capaci
Sent: Friday, February 26, 2010 10:42 AM
To: Barbara Witt

John is working up an exhibit e and fa..will let you know

381
From: Barbara Witt
To: Tony Capaci

Good. Now from a financial perspective, what does the repayment of the new note do to their financial picture?
BW

Barbara Witt
Telephone: 614‐728‐8923
Fax: 614‐752‐2775

From: Tony Capaci
To: Barbara Witt
Cc: Contemporary Arts Center (599@ocfcsp.oasfc.local)
Subject: FW: contemporary arts center/ bond funds for leasehold improvements

FYI

From: Tom [mailto:TOM@CMHLegal.com]
To: Tony Capaci

Hi Tony. As we discussed on the phone, CAC is refinancing its debt such that the bank will be taking a mortgage and
other security liens against the personal and real property of CAC. You have inquired as to whether this financing will
affect OCFC’s mortgage lien on the real property of CAC or our prior agreements. Nothing in the documentation I have
reviewed will affect the prior mortgage held by OCFC. The OCFC mortgage will be first in time to the new bank financing
and will, therefore, take precedence over the bank’s lien. As such, the new bank financing will not affect the mortgage
lien that we already have on the property. Moreover, the bank, in its new mortgage document, included a
subordination to our mortgage. While this was not technically necessary, it just further ensures that there is no issue.
Finally, there was some concern that the bank will now have a blanket security lien over all personal assets of CAC. The
concern was that if there was a default, the bank might be able to grab the project if it was comprised of personal
property (ie.‐ exhibits). You have indicated that bond funds were not used for personalty. As such, the bank’s lien n
personal assets does not pose an issue. In conclusion, the financing proposed by CAC will not affect OCFC’s current lien
interest and, therefore, should not be an issue.

From: Tony Capaci [mailto:tcapaci@culture.ohio.gov]
Sent: Thursday, February 25, 2010 11:58 AM
To: Tom
382
Cc: 599@ocfcsp.oasfc.local; Jillian D. Burner
Subject: contemporary arts center/ bond funds for leasehold improvements

Tom,
Per the CAF agreements, the funds provided to CAC were for leasehold improvements only (nothing for
exhibits/furniture/ moveable items) therefore I think we are safe allowing the bank the UCC filing. Please send me an
email reiterating your findings ref the CAC review.(for the file)
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.
383
Kathy Fox
From: Barbara Witt
To: Kathy Fox
Subject: Not read: NURFC meeting
Your message

To: Tony Capaci; Barbara Witt
Subject: RE: NURFC meeting
Sent: 2/5/2009 5:06 PM


384
Kathy Fox
From: Kathy Fox
Sent: Sunday, February 21, 2010 3:21 PM
To: Tony Capaci
Cc: Barbara Witt
Subject: FW: Freedom Center Full Funding
Tracking:
Barbara Witt Delivered: 2/21/2010 3:21 PM
Tony,
Don Murphy contacted me on Sunday regarding the Freedom Center’s negotiations with the bank consortium that holds
their letter of credit. He is hopeful that they will reach an agreement that will allow the Freedom Center to go forward
with the debt settled and the bank lien released. He expects this to be resolved in the next week (apparently the same
timeframe as the expiration of their current letter of credit.) In exchange the Freedom Center would be paying for some
portion of the debt out of their funds. He is not able to be more specific on any particulars at this point.

The Freedom Center’s hope is that the state’s $850K will become available to them along with the funds we hold in
escrow. I reminded him that the Commission’s recent resolution requires Federalization (they will still pursue this) prior
to release of funds. I told him that we would have to have more information to understand the financial implications
and the Commission would have to take further action prior to release of the $850K, and that release of the escrowed
funds has not be contemplated at this point and would also require further evaluation and Commission action. You will
likely be receiving additional information this coming week. No commitments have been made other than that we will
review the financial implications of the arrangements they make with the bank consortium and the resulting changes to
their financial situation. I let him know that the staff is in the middle of assessing projects for the May Commission
agenda at this time.

If you have questions let me know.

Thanks,
Kathy

To: Kathy Fox
Cc: Ken Robinson; BReece@nurfc.org; Barbara Lynch; jepepjr@aol.com
Subject: Freedom Center Full Funding
Hello Kathy
First let me thank you and your staff for facilitating MOU that allows the $850K to
remain available until such time as we fulfill the terms of the MOU, without having to re-
appropriate the funds.
As you may be aware we have been working with our bankers to reach agreement on
eliminating our bonded indebtedness entirely. There is currently a proposal from the
banks that would allow us to do that. We believe it gets us to close to sustainability. I
would like to talk with you about the details of the proposal and determine if there is a
385
way you can help us to reach agreement with the banks and at the same time fulfill the
terms of the MOU. I believe we can get there.
I am available to talk early Monday 7 AM to 8 AM or anytime after 11 AM. I am also

available today, Sunday, from 9AM to 1130AM. I can also make myself available early
Tuesday morning 7AM to 9AM. The call should not take that long. We have a very short
deadline to get back to the banks or their offer becomes void.
Again thank you for your willingness to work with us and all of the support you have
given us over these years.
Don Murphy
386
Kathy Fox
To: Kathy Fox
Cc: Ken Robinson; BReece@nurfc.org; Barbara Lynch; jepepjr@aol.com
Subject: Freedom Center Full Funding
Hello Kathy
First let me thank you and your staff for facilitating MOU that allows the $850K to
remain available until such time as we fulfill the terms of the MOU, without having to re-
appropriate the funds.
As you may be aware we have been working with our bankers to reach agreement on
eliminating our bonded indebtedness entirely. There is currently a proposal from the
banks that would allow us to do that. We believe it gets us to close to sustainability. I
would like to talk with you about the details of the proposal and determine if there is a
way you can help us to reach agreement with the banks and at the same time fulfill the
terms of the MOU. I believe we can get there.
I am available to talk early Monday 7 AM to 8 AM or anytime after 11 AM. I am also

available today, Sunday, from 9AM to 1130AM. I can also make myself available early
Tuesday morning 7AM to 9AM. The call should not take that long. We have a very short
deadline to get back to the banks or their offer becomes void.
Again thank you for your willingness to work with us and all of the support you have
given us over these years.
Don Murphy
387
Kathy Fox
From: Kathy Fox
To: Dave Wartel
Subject: Re: New Project Note Posted - National Underground Railroad Freedom Center
Thanks Dave. Good analysis.
Kathleen M. Fox
Sent from my mobile device
On Feb 19, 2010, at 12:08 PM, "Dave Wartel" <dwartel@culture.ohio.gov> wrote:
http://192.168.100.14:81/OCFCintranet/ProjectNotes.aspx?ProjectId=594
http://192.168.100.14:81/OCFCintranet/NoteContent.aspx?NoteId=2695
NURFC Release and Encumbrance
Commission Resolution R‐10‐04 conditionally approved the release of $850,000 and
conditionally approved the execution of legal documents with the National Underground
Railroad Freedom Center Inc. (“NURFC”). The Controlling Board release and encumbrance of
funds will need to be in the name of NURFC. If, prior to disbursement of these funds, another
entity takes ownership of the facility or negotiates with NURFC to be the recipient of the state
funds (subject to Commission approval), the agreement(s) will need to contain language that
directs NURFC to pay the amount to the third party after the state makes payment to NURFC.
This is because once the funds are encumbered to NURFC and we cross a fiscal biennium, we
cannot change the payee without legislative action to re‐establish the appropriation.
388
Kathy Fox
From: Dave Wartel
To: Barbara Witt; Tony Capaci; Jillian D. Burner
Cc: Kathy Fox
Subject: New Project Note Posted - National Underground Railroad Freedom Center
http://192.168.100.14:81/OCFCintranet/ProjectNotes.aspx?ProjectId=594
http://192.168.100.14:81/OCFCintranet/NoteContent.aspx?NoteId=2695
NURFC Release and Encumbrance
Commission Resolution R‐10‐04 conditionally approved the release of $850,000 and conditionally approved
the execution of legal documents with the National Underground Railroad Freedom Center Inc. (“NURFC”).
The Controlling Board release and encumbrance of funds will need to be in the name of NURFC. If, prior to
disbursement of these funds, another entity takes ownership of the facility or negotiates with NURFC to be the
recipient of the state funds (subject to Commission approval), the agreement(s) will need to contain language
that directs NURFC to pay the amount to the third party after the state makes payment to NURFC. This is
because once the funds are encumbered to NURFC and we cross a fiscal biennium, we cannot change the
payee without legislative action to re‐establish the appropriation.
389
Kathy Fox
From: Kathy Fox
Sent: Thursday, January 21, 2010 3:51 PM
To: Jessica Fagan
Subject: RE: legislator correspondence
Tracking:
Jessica Fagan Delivered: 1/21/2010 3:51 PM
Since it is an MOU, I’m not sure we need to send anything at this time.

From: Jessica Fagan
To: Kathy Fox
Subject: legislator correspondence

For the upcoming Commission meeting, I will plan to send legislator “good news” letters as usual to the legislators
representing the Cozad‐Bates and Fuller House projects. What correspondence, if any, do you wish to go to any
Hamilton County legislators regarding the NURFC project?

Jessica Fagan
Tel: 614-752-2770
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 nonprofit theaters, museums, historical sites, and publicly
owned professional sports venues. Please visit www.culture.ohio.gov or call 614-752-2770 for more information on the Commission or to learn how we
390
Kathy Fox
From: Barbara Witt
Sent: Friday, January 08, 2010 9:19 PM
To: Kathy Fox
Subject: RE: nurfc resolution
Kathy,
I added this to both the resolution and pasr conditions of approval. I proofed the resolution tonight but I’ve looked at it
too much…. It should be ready for review.
BW
Barbara Witt
Telephone: 614‐728‐8923
Fax: 614‐752‐2775

From: Kathy Fox
To: Barbara Witt
Subject: nurfc resolution

B‐
I don’t remember if the list of conditions you were working with included the requirement that nurfc return to the
commission with a status report after the federal legislation is enacted, at which time the commission could rescind its
approval if the arrangements are not satisfactory.

I’ll look for the updated docs this weekend.

Thanks,
K

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
404

405
Kathy Fox
From: Barbara Witt
To: Kathy Fox
Subject: Read: nurfc resolution
Your message

To: Barbara Witt
Sent: 1/8/2010 5:52 PM

was read on 1/8/2010 7:45 PM.

406
Kathy Fox
To: Barbara Witt
Subject: Delivered: nurfc resolution
Your message

To: Barbara Witt
Sent: 1/8/2010 5:52 PM


Barbara Witt on 1/8/2010 5:52 PM
407
Kathy Fox
From: Kathy Fox
To: Barbara Witt
Tracking:
Barbara Witt Delivered: 1/8/2010 5:52 PM Read: 1/8/2010 7:45 PM
B‐
I don’t remember if the list of conditions you were working with included the requirement that nurfc return to the
commission with a status report after the federal legislation is enacted, at which time the commission could rescind its
approval if the arrangements are not satisfactory.

I’ll look for the updated docs this weekend.

Thanks,
K

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

408
Kathy Fox
From: Barbara Witt
To: Kathy Fox; Dave Wartel
Cc: Amy Rice; Tony Capaci; Jillian D. Burner; Jessica DeLong; Jessica Fagan; Keith Wiley;
Heather N. Ruder
Subject: PSG weekly status reports. If you have feedback, please let me know.
PSG Status Report

Friday, January 8, 2010
Assessment
PASRs in ED review. Salem Community Theatre has issues that must be resolved/addressed in pasr by COB
Tuesday, 1/12, to remain on schedule for commission book production schedule. Updates to the pasrs
continue until COB, 1/12; then Jessica F. completes a final proofread check; and then 2 copies of commission
book are printed for chairman’s meeting on Thursday. These books are not adobed and include all agenda,
exhibits, r and d, resolutions; but not any admin items from DW’s group.
Delegations
• Beavercreek – awaiting LPS to respond to request for information. Sponsor responded that she will
send all docs requested. In Lisa’s court, no status change
• Dalton – responded to LPS letter discussing our document submission requirements, waiting on LPS
documents. No status change since last week
• Johnny Appleseed Museum – in assessment, although suspended, no issues.
Legal Agreement Signing Summary

Delegations
• None signed
May Legal Agreements

• All signed except Western Reserve and Hale (MOU with guaranty). Amy and BW have a meeting with
Hale next week to discuss their project.
August Legal Agreements

• Clifton – NDE with KF, guaranty with us, CPA certification language with guarantor approved, CUA with
JB and TR, will have to KF today for review.
• Holland Theatre – completing reso’s. Will schedule for signing as soon as reso’s are complete.
November
• Lincoln Highway – TOL with Tom. Waiting on easement from LPS, TC sent Justin an email stressing
the importance of expediting this due to the within 2 meeting legal agreement signing requirement.
• COSI Cols – returned from AAGO – sent to sponsor 12/15
• NAHF – completing reso’s. Will scheduled to sign when these are complete.
• Portsmouth – Tom drafted guarantee and easement and JB will send to KF today. TR reviewing TOL.
• Maderia – LPS continuing to work performance or financial guarantee.
• Maltz – working on guaranty agreement. Sponsor indicated they would present 30 year guaranty limit
with guarantor. Spoke with Sponsor and they are still waiting on word from foundation regarding the 30
year limit.
February
• JB drafted all agreements. Need PM review.
409
We are not splitting the Old Harvey legal agreements so they can be paid for the parking lot.
Reimbursement Status Summary

Use this link to status reimbursement requests. It is updated real-time. Be patient, the report runs and then
displays and it may take a minutes. Be sure to use the Ctrl key when you click on this link.
Project Invoices In Process Report
Miscellaneous
OHS – Researching storage facility project and Miamisburg Mound issue.
Obligations
• JD organizing regular obligations in anticipation of sending 2nd reminder letters.

• Red flag’s FA analysis scheduled for when FA temp gets on-board.
• Investigating RSS feeds and Sharepoint.
Deliverables Due From KF to PSG
• Chairman completed letter to Valentine Theatre and decision about whether they should attend
February 2010 meeting still pending.
• Final draft of NURFC resolution.
Work Load Management

Team met 1/4/10 and discussed;
• Project Temp hire;
o Based on scope, up to seven weeks of time;
o Lex starts work 1/11;
o Some DW level paperwork is pending completion.
• Regarding FA hire;
o Based on scope, up to four weeks is requested. 1/4/10 DW said he is awaiting responses
from temp firms for this position. This person is scheduled to start February 1.
• Regarding PM hire;
o Phone interview with DW and AR and Joshua occurred 12/21 – consensus was this was a
possible for an assistant type project manager. His writing samples were not sent;
o Revamping the ad to attract more applicants – completed; however few additional resumes
received;
o Interview with Steve Marroni cancelled and rescheduled for 1/12/19;
o DW indicated a big Dispatch employment ad drive is scheduled for MLK day. If the pending
interviews do not produce a candidate, we agreed we will advertise in this promotion. The
current ad needs updated to try to attract more candidates. Also, we asked DW to ask temp
services to look for us;
• Alerted DW about office logistics (seating, phones, IT) to accommodate all temps. DW okayed AR
to work directly with KW. AR and Lex will share LW’s office. AR’s phone will be forwarded to LWs
phone so there will be no direct costs associated with moving.

Barbara Witt
Telephone: 614‐728‐8923
Fax: 614‐752‐2775
410

411
Kathy Fox
From: Barbara Witt
Sent: Friday, January 08, 2010 11:46 AM
To: Kathy Fox
Subject: RE: NURFC (see notes)
Kathy,
I’ve updated the pasr. If you want, I can send a copy to you within an email. Otherwise we can talk at 1:30. Thanks.
Barbara Witt
Telephone: 614‐728‐8923
Fax: 614‐752‐2775

-----Original Appointment-----
From: Kathy Fox
Subject: NURFC (see notes)
When: Friday, January 08, 2010 1:30 PM-2:00 PM (GMT-05:00) Eastern Time (US & Canada).
Where: BW ofc

I do not know the time of your dentist appointment. If you have questions for me regarding NURFC, I need to know
what they are. Via email is fine, as I will be leaving shortly for a meeting.

If you are prepared to discuss the PS group’s analysis and recommendations for NURFC we can do so at 1:30 today. If
this time does not work for you and your dentist appointment, you can write up the NURFC recommendation and email
it to me before you leave, along with your report for the week.
412
Kathy Fox
From: Barbara Witt
To: Kathy Fox
Subject: Read: NURFC (see notes)
Your message

To: Barbara Witt
Sent: 1/8/2010 11:30 AM

was read on 1/8/2010 11:37 AM.

413
Kathy Fox
To: Barbara Witt
Subject: Delivered: NURFC (see notes)
Your message

To: Barbara Witt
Sent: 1/8/2010 11:30 AM


Barbara Witt on 1/8/2010 11:30 AM
414
Kathy Fox
Location: BW ofc
Start: Fri 1/8/2010 1:30 PM

End: Fri 1/8/2010 2:00 PM
Recurrence: (none)

Required Attendees: Barbara Witt
I do not know the time of your dentist appointment. If you have questions for me regarding NURFC, I need to know
what they are. Via email is fine, as I will be leaving shortly for a meeting.

If you are prepared to discuss the PS group’s analysis and recommendations for NURFC we can do so at 1:30 today. If
this time does not work for you and your dentist appointment, you can write up the NURFC recommendation and email
it to me before you leave, along with your report for the week.
415
Kathy Fox
From: Kathy Fox
To: Barbara Witt
Subject: Re: NURFC resolution
We are meeting at 9
On Jan 8, 2010, at 6:48 AM, "Barbara Witt" <bwitt@culture.ohio.gov> wrote:
Tony,
Please set up a time to work with Kathy to complete the NURFC resolution.
When we originally started assessment of this project, we approached it as a project approval.
In anticipation, LeeAnne used a project approval resolution and then Kathy made modifications
to this resolution.
It has changed to an MOU. The current resolution does not reflect this.
At this point I am not sure if it is easier to modify the existing resolution or start with the MOU
template and add the data from the original resolution. Please come by and we’ll discuss.
Kathy,
Let me know if you have time to complete this. If not, I will make other arrangements.
Thanks,
BW
Barbara Witt
Telephone: 614‐728‐8923
Fax: 614‐752‐2775
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.
416
Kathy Fox
Subject: Discuss status of PASRs
Location: kf conf room
Start: Fri 1/8/2010 9:00 AM

End: Fri 1/8/2010 9:30 AM
Recurrence: (none)

Required Attendees: Barbara Witt
You will want to review my comments on the pasrs and resolutions, especially NURFC and Cozad Bates
Thanks,
K
417
Kathy Fox
From: Kathy Fox
To: Barbara Witt; Amy Rice; Tony Capaci
Subject: PASRs
Tracking:
I have reviewed all four PASRs and commented.

I am confused about the status of Cozad Bates. I thought the PASR was being updated with info from the new financials,
but I did not see that in the PASR. Therefore, I did not review the other info affiliated with that project. Please advise.

I am confused about the status of NURFC. It is not at all clear from the documents what is being proposed. Let’s discuss.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

418
Kathy Fox
Cc: NHamilton@nurfc.org
Subject: Re: legislation
Kathy
I believe I responded, but in case I didn't, just to confirm, you can call me at 4PM at 513
333-7530.

Sent: Mon, December 7, 2009 10:26:12 AM
Subject: RE: legislation
Don,
I will call you at 4 PM on Wednesday, December 9, 2009. What number would be best?

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Cc: 594@ocfcsp.oasfc.local; BReece@nurfc.org; Barbara Witt; Donald Murphy; Benjamin or Krista Reece; Ken Robinson;
Tony Capaci
Kathy
Anytime 4PM or after this week except for Thursday and next week except for Monday.
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
428
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
"Kathy Fox" <KFox@culture.ohio.gov> To "Donald Murphy" <donmurphy10850@yahoo.com>, "Tony Capaci"

<tcapaci@culture.ohio.gov>, <DMurphy@nurfc.org>
12/06/09 10:59 AM cc "Barbara Witt" <bwitt@culture.ohio.gov>, <594@ocfcsp.oasfc.local>,
<BReece@nurfc.org>, "Benjamin or Krista Reece" <reecebnk@insightbb.com>, "Ken
Robinson" <robinson.kb.1@pg.com>
Subject RE: legislation
Thanks Don. We should discuss the timing for requesting action on the state appropriation. Please let me know when it would be
convenient for you to speak by telephone in the 10 days.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox; Tony Capaci; DMurphy@nurfc.org
Cc: Barbara Witt; 594@ocfcsp.oasfc.local; BReece@nurfc.org; Benjamin or Krista Reece; Ken Robinson

Kathy
Here is the draft we are working with. There is a separate section that has been added on appropriations
that would provide $5 million for the operations of the Freedom Center in each of the next five years. I
am not in my office and I don't have access to that section. But this is the current draft that Mr. Conyers'
office is proposing to introduce.

To: Donald Murphy <donmurphy10850@yahoo.com>; Tony Capaci <tcapaci@culture.ohio.gov>; DMurphy@nurfc.org
Cc: Barbara Witt <bwitt@culture.ohio.gov>; 594@ocfcsp.oasfc.local; BReece@nurfc.org; Benjamin or Krista Reece
<reecebnk@insightbb.com>; Ken Robinson <robinson.kb.1@pg.com>
Sent: Fri, December 4, 2009 4:10:40 PM
Don,
Thanks for your response. It would be helpful to us in our efforts to assist you if you could share the draft legislation. Otherwise,
429
our efforts to review and understand the potential new arrangements will be delayed and our ability to provide assistance will be
limited. Please let me know your decision about sharing the draft legislation so we can plan when and at what level to assign our
staff efforts toward your project.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775


Kathy
I understand you are requesting a copy of the federalization legislation. The legislation still remains in
draft, though it is out of legislative counsel now. It is being amended as a result of some jurisdictional
issues that have now been resolved. However, this will cause a significant delay in the introduction of the
legislation, which may not happen until well into the next session of congress. I won't bore you with the
details, but this is typical of the legislative process. We had hoped to have the legislation introduced
before congress left for recess and at one time we were told we could get it passed before the end of the
year. Of course this is very disappointing for us in terms of the timing, but we are at the mercy of the
congress and their schedule as well as addressing some concerns raised by the natural resources
committee, which has jurisdiction.
Ben continues to work with Tony to provide the information that he requests, however I don't think we
can count on federalization happening before the February commission meeting. Please let me know if
you would like to discuss this in more detail. I am available throughout this month.
Don Murphy

<reecebnk@insightbb.com>
Sent: Sun, November 29, 2009 3:12:33 PM
Don,
Thank you for the heads up on the situation. I look forward to hearing more after your meetings in D..C.

I will confer with our staff about the timing of your request for Cultural Facilities Commission action; however, please keep in mind
that the amount of time that has lapsed since we were promised information from the Freedom Center may make it impossible for
430
your project to be considered at the Commission’s next quarterly meeting. It is unclear why the financial information requested has
not been provided since it would seem that this would be unrelated to the federal legislation, so we appreciate your help in this
regard. Our ability to assist you is dependent upon your staff providing timely, complete information.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Tony Capaci; DMurphy@nurfc.org
Cc: Kathy Fox; Barbara Witt; 594@ocfcsp.oasfc.local; BReece@nurfc.org; Benjamin or Krista Reece

Tony
I think it is best that we postpone the meeting for tomorrow, Nov. 30 at 1030. Our legislation has been
delayed because of the other priorities in DC. However, I must also travel to DC for meetings on the
proposed legislation. I am sorry for the short notice, but I was just informed by our representatives in DC
that they were able to schedule meetings for me this week. I will have Ben Reece phone to you
reschedule and to make sure he provides you with the information that you have requested.
Don Murphy
From: Tony Capaci <tcapaci@culture.ohio.gov>

Cc: Kathy Fox <KFox@culture.ohio.gov>; Barbara Witt <bwitt@culture.ohio.gov>; 594@ocfcsp.oasfc.local
Sent: Mon, October 26, 2009 5:01:56 PM
Subject: legislation

Don,
Please let us know the status of the documentation regarding the introduction of the legislation. I believe Kathy mentioned she was
expecting it today. Since Gary is retired, whose attention should I send the checklist for items to be submitted in order to be
considered for the February meeting? For example, although Ben forwarded to me a copy of the last audit I also need a year to date
financial. At some point early in the process I would like to discuss with you the possibility of using the appropriation to reimburse
for those construction costs paid for with bond money, the same as we did with the last appropriation.
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
431
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.
432
Kathy Fox
To: Kathy Fox
Cc: nhamilton@nurfc.org
The best number is 513 333-7530.
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712

cc
12/07/09 10:30 AM Subject RE: legislation
Don,

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Tony Capaci
437
Kathy
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712
"Kathy Fox"
<KFox@culture.ohio.gov>
To "Donald Murphy" <donmurphy10850@yahoo.com>, "Tony Capaci" <tcapaci@culture.ohio.gov>, <DMurphy@nurfc.org>
12/06/09 10:59 AM cc "Barbara Witt" <bwitt@culture.ohio.gov>, <594@ocfcsp.oasfc.local>, <BReece@nurfc.org>, "Benjamin or Krista Reece"
<reecebnk@insightbb.com>, "Ken Robinson" <robinson.kb.1@pg.com>


Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

Kathy
438

Don,

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

Kathy
439
Don Murphy

Don,


Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

Tony
440
Don Murphy


Don,
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
441
Kathy Fox
To: Kathy Fox
Return Receipt

Your RE: legislation
document:

received
by:

at: 12/07/2009 11:10:45 AM

442
Kathy Fox
From: Administrator
To: Kathy Fox
Attachments: ATT07468.txt; RE: legislation


DMurphy@nurfc.org

443
Kathy Fox
From: Kathy Fox
Don,

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

To: Kathy Fox
Tony Capaci
Kathy
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712

444

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775


Kathy

Don,

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
445
Fax: 614-752-2775


Kathy
Don Murphy

Don,


Thanks,
Kathy

Executive Director
Vox: 614.752.2770
446
Fax: 614-752-2775


Tony
Don Murphy


Don,
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
447
Kathy Fox
To: Kathy Fox
Cc: 594@ocfcsp.oasfc.local; BReece@nurfc.org; Barbara Witt; Donald Murphy; Benjamin or
Krista Reece; Ken Robinson; Tony Capaci
Kathy
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 407-2934
Fax: 513 333-7712


Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

448

Kathy

Don,

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775


Kathy
449
Don Murphy

Don,


Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775


Tony
Don Murphy
450

Don,
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
451
Kathy Fox
From: Kathy Fox
To: 'Donald Murphy'; Tony Capaci; DMurphy@nurfc.org
Cc: Barbara Witt; 594@ocfcsp.oasfc.local; BReece@nurfc.org; Benjamin or Krista Reece; Ken
Robinson
Tracking:
'Donald Murphy'
DMurphy@nurfc.org
BReece@nurfc.org
Benjamin or Krista Reece
Ken Robinson
Thanks Don. We should discuss the timing for requesting action on the state appropriation. Please let me know when it
would be convenient for you to speak by telephone in the 10 days.

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775


Kathy
Here is the draft we are working with. There is a separate section that has been added on
appropriations that would provide $5 million for the operations of the Freedom Center in each of
the next five years. I am not in my office and I don't have access to that section. But this is the
current draft that Mr. Conyers' office is proposing to introduce.
466
Don,
Thanks for your response. It would be helpful to us in our efforts to assist you if you could share the draft legislation.
Otherwise, our efforts to review and understand the potential new arrangements will be delayed and our ability to
provide assistance will be limited. Please let me know your decision about sharing the draft legislation so we can plan
when and at what level to assign our staff efforts toward your project.

Thanks,
Kathy

Executive Director

Vox: 614.752.2770
Fax: 614-752-2775




Kathy
I understand you are requesting a copy of the federalization legislation. The legislation still
remains in draft, though it is out of legislative counsel now. It is being amended as a result of
some jurisdictional issues that have now been resolved. However, this will cause a significant
delay in the introduction of the legislation, which may not happen until well into the next session
of congress. I won't bore you with the details, but this is typical of the legislative process. We
had hoped to have the legislation introduced before congress left for recess and at one time we
were told we could get it passed before the end of the year. Of course this is very disappointing
for us in terms of the timing, but we are at the mercy of the congress and their schedule as well
as addressing some concerns raised by the natural resources committee, which has jurisdiction.
Ben continues to work with Tony to provide the information that he requests, however I don't
think we can count on federalization happening before the February commission meeting.
Please let me know if you would like to discuss this in more detail. I am available throughout
this month.
Don Murphy

467
Don,

I will confer with our staff about the timing of your request for Cultural Facilities Commission action; however, please
keep in mind that the amount of time that has lapsed since we were promised information from the Freedom Center
may make it impossible for your project to be considered at the Commission’s next quarterly meeting. It is unclear why
the financial information requested has not been provided since it would seem that this would be unrelated to the
federal legislation, so we appreciate your help in this regard. Our ability to assist you is dependent upon your staff
providing timely, complete information.

Thanks,
Kathy

Executive Director

Vox: 614.752.2770
Fax: 614-752-2775




Tony
I think it is best that we postpone the meeting for tomorrow, Nov. 30 at 1030. Our legislation
has been delayed because of the other priorities in DC. However, I must also travel to DC for
meetings on the proposed legislation. I am sorry for the short notice, but I was just informed by
our representatives in DC that they were able to schedule meetings for me this week. I will
have Ben Reece phone to you reschedule and to make sure he provides you with the information
Don Murphy

468

Don,
Please let us know the status of the documentation regarding the introduction of the legislation. I believe Kathy
mentioned she was expecting it today. Since Gary is retired, whose attention should I send the checklist for items to be
submitted in order to be considered for the February meeting? For example, although Ben forwarded to me a copy of
the last audit I also need a year to date financial. At some point early in the process I would like to discuss with you the
possibility of using the appropriation to reimburse for those construction costs paid for with bond money, the same as
we did with the last appropriation.
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
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

469
Kathy Fox
Robinson
Attachments: EmancipationDiscussionbill.pdf

Kathy
Here is the draft we are working with. There is a separate section that has been added on
appropriations that would provide $5 million for the operations of the Freedom Center in each of
the next five years. I am not in my office and I don't have access to that section. But this is the
current draft that Mr. Conyers' office is proposing to introduce.

Don,

Thanks,
Kathy

Executive Director

Vox: 614.752.2770
Fax: 614-752-2775



470

Kathy
this month.
Don Murphy


Don,


Thanks,
Kathy

Executive Director

Vox: 614.752.2770
Fax: 614-752-2775


471


Tony
Don Murphy


Don,
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775

472
Kathy Fox
To: Kathy Fox
Cc: Tony Capaci; <DMurphy@nurfc.org>; Barbara Witt; <594@ocfcsp.oasfc.local>;
<BReece@nurfc.org>; Benjamin or Krista Reece; Ken Robinson
Kathy
I will send it to you tomorrow AM.
Sent from my iPhone
Don,
Thanks for your response. It would be helpful to us in our efforts to assist you if you could share
the draft legislation. Otherwise, our efforts to review and understand the potential new
arrangements will be delayed and our ability to provide assistance will be limited. Please let me
know your decision about sharing the draft legislation so we can plan when and at what level to
assign our staff efforts toward your project.
Thanks,
Kathy
Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
473

Kathy
I understand you are requesting a copy of the federalization legislation. The
legislation still remains in draft, though it is out of legislative counsel now.
It is being amended as a result of some jurisdictional issues that have now
been resolved. However, this will cause a significant delay in the
introduction of the legislation, which may not happen until well into the next
session of congress. I won't bore you with the details, but this is typical of
the legislative process. We had hoped to have the legislation introduced
before congress left for recess and at one time we were told we could get it
passed before the end of the year. Of course this is very disappointing for
us in terms of the timing, but we are at the mercy of the congress and their
schedule as well as addressing some concerns raised by the natural
resources committee, which has jurisdiction.
Ben continues to work with Tony to provide the information that he

requests, however I don't think we can count on federalization happening
before the February commission meeting. Please let me know if you would
like to discuss this in more detail. I am available throughout this month.
Don Murphy

To: Donald Murphy <donmurphy10850@yahoo.com>; Tony Capaci <tcapaci@culture.ohio.gov>;
DMurphy@nurfc.org
Cc: Barbara Witt <bwitt@culture.ohio.gov>; 594@ocfcsp.oasfc.local; BReece@nurfc.org; Benjamin or
Krista Reece <reecebnk@insightbb.com>
Don,
474
Thank you for the heads up on the situation. I look forward to hearing more after your meetings
in D..C.
I will confer with our staff about the timing of your request for Cultural Facilities Commission
action; however, please keep in mind that the amount of time that has lapsed since we were
promised information from the Freedom Center may make it impossible for your project to be
considered at the Commission’s next quarterly meeting. It is unclear why the financial
information requested has not been provided since it would seem that this would be unrelated to
the federal legislation, so we appreciate your help in this regard. Our ability to assist you is
dependent upon your staff providing timely, complete information.
Thanks,
Kathy
Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
475
Tony
I think it is best that we postpone the meeting for tomorrow, Nov. 30 at
1030. Our legislation has been delayed because of the other priorities in
DC. However, I must also travel to DC for meetings on the proposed
legislation. I am sorry for the short notice, but I was just informed by our
representatives in DC that they were able to schedule meetings for me this
week. I will have Ben Reece phone to you reschedule and to make sure he
provides you with the information that you have requested.
Don Murphy

Cc: Kathy Fox <KFox@culture.ohio.gov>; Barbara Witt <bwitt@culture.ohio.gov>;
Don,
Please let us know the status of the documentation regarding the introduction of the legislation. I
believe Kathy mentioned she was expecting it today. Since Gary is retired, whose attention
should I send the checklist for items to be submitted in order to be considered for the February
meeting? For example, although Ben forwarded to me a copy of the last audit I also need a year
to date financial. At some point early in the process I would like to discuss with you the
possibility of using the appropriation to reimburse for those construction costs paid for with bond
money, the same as we did with the last appropriation.
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
476
477
Kathy Fox
From: Kathy Fox
Robinson
Tracking:
'Donald Murphy'
DMurphy@nurfc.org
BReece@nurfc.org
Ken Robinson
Don,

Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775


Kathy
482
this month.
Don Murphy

Don,


Thanks,
Kathy

Executive Director

Vox: 614.752.2770
Fax: 614-752-2775




483
Tony
Don Murphy


Don,
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775

484
Kathy Fox
Subject: Update on NURFC, Antwerp and Marietta
Location: kf conference
Start: Tue 12/8/2009 10:30 AM

End: Tue 12/8/2009 10:45 AM
Recurrence: (none)
Organizer: Barbara Witt
485
Kathy Fox
Robinson
Kathy
this month.
Don Murphy

Don,


Thanks,
Kathy

Executive Director

Vox: 614.752.2770
486
Fax: 614-752-2775




Tony
Don Murphy


Don,
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775

487
Kathy Fox
From: Kathy Fox
To: Barbara Witt; Tony Capaci
Cc: '594@ocfcsp.oasfc.local'
Subject: FW: legislation
Tracking:
FYI

To: Kathy Fox

Thank you, Kathy. I have asked Ben to make sure your staff receives the information it needs.
Thanks for your help and patience.
Don Murphy

Don,


Thanks,
Kathy

Executive Director

Vox: 614.752.2770
Fax: 614-752-2775
497




Tony
Don Murphy


Don,
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775

498
Kathy Fox
To: Kathy Fox
Thank you, Kathy. I have asked Ben to make sure your staff receives the information it needs.
Thanks for your help and patience.
Don Murphy

Don,


Thanks,
Kathy

Executive Director

Vox: 614.752.2770
Fax: 614-752-2775




499
Tony
Don Murphy


Don,
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775

500
Kathy Fox
From: Administrator
To: Kathy Fox
Attachments: ATT00445.txt; RE: legislation


DMurphy@nurfc.org
BReece@nurfc.org
reecebnk@insightbb.com

501
Kathy Fox
From: Kathy Fox
Cc: Barbara Witt; 594@ocfcsp.oasfc.local; BReece@nurfc.org; Benjamin or Krista Reece
Tracking:
'Donald Murphy'
DMurphy@nurfc.org
BReece@nurfc.org
Don,
Thank you for the heads up on the situation. I look forward to hearing more after your meetings in D.C.


Thanks,
Kathy

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775


Tony
502
Don Murphy


Don,
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
503
Kathy Fox
Cc: Kathy Fox; Barbara Witt; 594@ocfcsp.oasfc.local; BReece@nurfc.org; Benjamin or Krista
Reece
Tony
Don Murphy


Don,
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
504
Kathy Fox
From: Kathy Fox
Sent: Thursday, November 19, 2009 9:50 AM
To: Barbara Witt
Cc: Dave Wartel
Subject: RE: Go/No Go
Tracking:
Dave Wartel Delivered: 11/19/2009 9:50 AM Read: 11/20/2009 7:04 AM
I would like to have a brief discussion of the Marietta Armory. This one may warrant an MOU approval at the February
meeting in order to make sure that everyone Is on the same page.

Regarding NURFC, since their Director called me to request a meeting (scheduled for 11/30) I would be happy to call him
to explain what his staff has failed to provide. Please let me know if that would be helpful.

Thanks,
K

_____________________________________________
From: Barbara Witt
Sent: Thursday, November 19, 2009 8:49 AM
To: Dave Wartel; Kathy Fox
Cc: LeeAnne Woods; Tony Capaci; Amy Rice; Nicole Cheatham; Erica M. Johnson; Jillian D. Burner
Subject: Go/No Go

In lieu of a formal meeting and based on the current status of assessment, I think we can handle this via an email status
report.

Yellow
Antwerp – In response to triage checklist letter, reconciliation of recently submitted missing materials underway. No
issues identified yet.

Red
Marrietta Armory – Took themselves off for February. Need to complete their funding. They have a checklist outlining
a few items needed for May assessment.

Green
Salem Community – Passed triage, in assessment. No issues.

Green
Cozad Bates – Moved from November to Feb due to quorum issue. Will update financials for Feb meeting and check on
how long bid prices are valid to insure project budget is valid. Also checking if any other items are affected by moving
this to February. Amy and JF drafted a nice letter outlining why they were moved. Sponsor did not intend to start project
till April so they are okay with moving to February.

Green
505
Irene Fuller – Through triage, in assessment. $9k full funding issues that’s being worked with TC.

Yellow
NURFC – Did not provide materials by extended cut‐off date. TC actively working with sponsor to understand their plans
for moving forward. Sponsor is nonresponsive. I will call on Friday if TC does not hear anything from them.

Let me know if you have any questions or would rather have a formal meeting.
BW
Barbara Witt
Telephone: 614‐728‐8923
Fax: 614‐752‐2775

506
Kathy Fox
To: Tony Capaci
Cc: <DMurphy@nurfc.org>; Kathy Fox; Barbara Witt; <594@ocfcsp.oasfc.local>
Toni
Final language for the legislation had so
E lastmonute changes. As soon as I get it I will forward to you. Be happy to discuss the reimbursing bonds with
appropriations however we are also working with our bankers on a restructuring which I will yell you about
when we speak. Ben is now your point of contact.
Sent from my iPhone
On Oct 26, 2009, at 17:01, "Tony Capaci" <tcapaci@culture.ohio.gov> wrote:
Don,
Please let us know the status of the documentation regarding the introduction of the legislation. I
believe Kathy mentioned she was expecting it today. Since Gary is retired, whose attention
should I send the checklist for items to be submitted in order to be considered for the February
meeting? For example, although Ben forwarded to me a copy of the last audit I also need a year
to date financial. At some point early in the process I would like to discuss with you the
possibility of using the appropriation to reimburse for those construction costs paid for with bond
money, the same as we did with the last appropriation.
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
511
Kathy Fox
From: Tony Capaci
Cc: Kathy Fox; Barbara Witt; National Underground Railroad Freedom Center (594

Don,
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
512
Kathy Fox
From: Tony Capaci
To: LeeAnne Woods
Cc: Barbara Witt; Kathy Fox; National Underground Railroad Freedom Center (594
@ocfcsp.oasfc.local); Jillian D. Burner; Erica M. Johnson
Subject: FW: Freedom Center transfer to Federal Govt legal ramifications
LeeAnne,
NURFC appears to be moving forward with the Federal transfer. In the event the transfer takes place what amendments
would need to be made to the existing documents in order to protect our interests and facilitate the transfer? Also,
regarding the remaining appropriation of $850K (H.B 562) ; what changes, if any, would need to be made to legal
documents in order to facilitate OCFC entering into new legal agreements? (i.e. because of sustainability concerns we
will need a condition of approval regarding the sufficient Federal funds available to cover existing operating costs)
Just curious, is there any restriction in the bond documents from putting state money in a federal project?
If you need me to schedule a conference call with NURFC (possibly include Rocco) let me know.
Thanks,
Tony

From: Kathy Fox
Cc: Erica M. Johnson
Subject: RE: Freedom Center transfer to Federal Govt

Tony,
At our last meeting with Don Murphy a number of months ago, he was indicating that there would be operating funding
from the federal govt. when the transfer occurs. Assuming that the legislation we are expecting from Don verifies this,
or Don can explain how that funding will take place, my assumption is that Don will want to have Commission approval
in February of both:
1) Legal documents to concur with the transfer and satisfy our bond requirements; and
2) The most recent capital appropriation
Obviously, these approvals would have to be contingent on the appropriate conditions being met. You should have
some idea of what those conditions should be based upon your reviews of the organization and their finances.

Hope that clarifies.

Thanks,
K

From: Tony Capaci

Since NURFC continues to have sustainability issues will we wait until after the transfer takes place and we are
presumably satisfied they are operating within budget before we schedule them on a Commission meeting ?
Thanks,
513
Tony
From: Kathy Fox
Cc: LeeAnne Woods

That will depend upon the outcome of our meeting w/ Don
‐K

From: Barbara Witt
To: Kathy Fox; Tony Capaci
Cc: LeeAnne Woods

Kathy,
Just for clarification, which item for the February meeting?
“amendments to and/or new agreements with OCFC will need to be prepared, and that Commission authorization will
be needed”
Or
“accessing the $800K remaining state capital funds”.

Thanks, BW
Barbara Witt
Telephone: 614‐728‐8923
Fax: 614‐752‐2775

From: Kathy Fox
To: Tony Capaci
Cc: Barbara Witt; LeeAnne Woods
Subject: Freedom Center transfer to Federal Govt

Don Murphy, CEO of the Freedom Center, called to provide a brief update on the status of their efforts to transfer the
Freedom Center to the Federal Government. He said that he expects the bill to be introduced into Congress shortly, and
that he will send a copy to us early next week. The model they are using is the Holocaust Museum, which is an
independent Federal agency. Don said he anticipates that the legislation could be approved as soon as the end of this
calendar year. He is aware from our prior meetings with him that amendments to and/or new agreements with OCFC
will need to be prepared, and that Commission authorization will be needed. He also wants to make sure there will be
no problems with them accessing the $800K remaining state capital funds.

514
Don is scheduled to meet with us in our office on 11/30. We should tentatively place this item on the February 2010
meeting agenda.

Thanks,
K

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

515
Kathy Fox
From: Kathy Fox
Tracking:
Barbara Witt Delivered: 10/26/2009 9:37 AM Read: 10/27/2009 8:26 AM
Erica M. Johnson Delivered: 10/26/2009 9:37 AM Read: 10/26/2009 10:01 AM
Tony,
At our last meeting with Don Murphy a number of months ago, he was indicating that there would be operating funding
from the federal govt. when the transfer occurs. Assuming that the legislation we are expecting from Don verifies this,
or Don can explain how that funding will take place, my assumption is that Don will want to have Commission approval
in February of both:
1) Legal documents to concur with the transfer and satisfy our bond requirements; and
2) The most recent capital appropriation
Obviously, these approvals would have to be contingent on the appropriate conditions being met. You should have
some idea of what those conditions should be based upon your reviews of the organization and their finances.

Hope that clarifies.

Thanks,
K

From: Tony Capaci

Thanks,
Tony
From: Kathy Fox
Cc: LeeAnne Woods

‐K

From: Barbara Witt
516
Cc: LeeAnne Woods

Kathy,
be needed”
Or

Thanks, BW
Barbara Witt
Telephone: 614‐728‐8923
Fax: 614‐752‐2775

From: Kathy Fox
To: Tony Capaci


meeting agenda.

Thanks,
K

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
517

518
Kathy Fox
From: Tony Capaci

Thanks,
Tony
From: Kathy Fox
Cc: LeeAnne Woods

‐K

From: Barbara Witt
Cc: LeeAnne Woods

Kathy,
be needed”
Or

Thanks, BW
Barbara Witt
Telephone: 614‐728‐8923
Fax: 614‐752‐2775
519
From: Kathy Fox
To: Tony Capaci


meeting agenda.

Thanks,
K

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775

520
Kathy Fox
From: Tony Capaci
Sent: Tuesday, September 01, 2009 4:13 PM
To: 594docs@ocfcsp.oasfc.local; Kathy Fox; Barbara Witt
Subject: FW: NURFC Financial Statements
Attachments: 2009 May Financial Statements - Bank Group.xls; 2009 June Financial Statements.xls; 2009
July Financial Statements.xls
Barbara, Kathy,
FYI Year to date 7/31/09 statement of activity for NURFC indicates a ($3.8M) loss of which $2.7M is
depreciation.(represents seven months of activity)
Thanks,

Sent: Monday, August 31, 2009 2:03 PM
To: Tony Capaci
Subject: NURFC Financial Statements
Tony,
Here are some more of our Financial Statements for 2009.
Benjamin T. Reece, CPA

Controller
50 East Freedom Way
Cincinnati, OH 45202-3414
Office: 513.333.7592
Fax: 513.333.7720
breece@nurfc.org
521
Kathy Fox
From: Kathy Fox
Sent: Thursday, July 02, 2009 1:44 PM
To: Jessica Fagan
Tracking:
Jessica Fagan Delivered: 7/2/2009 1:44 PM Read: 7/2/2009 1:46 PM
Thanks Jessica. I’ve suggested a couple of edits.
‐K

From: Jessica Fagan
To: Kathy Fox

Draft letter linked below:

S:\LEGISLATIVE AFFAIRS & PUBLIC POLICY\Legislator Information\Legislator Correspondence\Yates\Yates NURFC update
07.02.09.doc

Jessica Fagan
Tel: 614-752-2770
Fax: 614-752-2775
From: Kathy Fox
Sent: Monday, June 29, 2009 4:53 PM
To: Jessica Fagan

Yes, a letter stating:

‐‐ NURFC shared with us the status of their discussions with the Federal Government about a possible property transfer
to the Fed’s.
‐‐We explained what we would need to do for that proposal to work (NURFC would need to assign the lease to Fed gov’t
; and that we have agreements with the U.S. gov’t for other projects so this should not be a problem.
‐‐We will do what we can to support this direction.

Executive Director
Vox: 614.752.2770
Fax: 614-752-2775
526

From: Jessica Fagan
To: Kathy Fox
Subject: NURFC meeting

Please let me know if you think there is any follow up that needs to be done with Rep. Yates based on outcomes of your
meeting with NURFC.

Jessica Fagan
Tel: 614-752-2770
Fax: 614-752-2775
527
Kathy Fox
Subject: don murphey re: nurfc
Location: kf conf room
Start: Tue 6/16/2009 10:30 AM

End: Tue 6/16/2009 12:00 PM
Recurrence: (none)

Required Attendees: Tony Capaci
Optional Attendees: Barbara Witt; LeeAnne Woods
Don wants to meet with us to explain their current discussions with the Federal Dept. of Interior re possible transfer of
the Freedom Center to fed gov’t. (may have similar issues to First Ladies Library)
539
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Sent: Thursday, April 02, 2009 12:14 PM
Subject: Read: NURFC full funding issue
Your message

Subject: RE: NURFC full funding issue
Sent: 4/1/2009 11:55 PM

was read on 4/2/2009 12:14 PM.

540
Kathy Fox
From: Barbara Witt
To: Kathy Fox
Sent: Thursday, April 02, 2009 8:55 AM
Subject: Read: NURFC full funding issue
Your message

Sent: 4/1/2009 11:55 PM

was read on 4/2/2009 8:55 AM.

541
Kathy Fox
Sent: Wednesday, April 01, 2009 11:55 PM
Subject: Delivered: RE: NURFC full funding issue
Your message

Sent: 4/1/2009 11:55 PM


542
Kathy Fox
From: Kathy Fox
Tracking:
Tony,
It looks as if they are no longer seeking a meeting with us to discuss the situation, so it seems that letting them know the
needed direction is appropriate. I would say, go ahead and let them know what the staff recommendation is as to
creative solutions for situations such as this –they should seek a guarantor. Barbara, let me know if you suggest a
different direction.

Thx,
K

From: Tony Capaci
Subject: FW: NURFC full funding issue
Kathy, Barbara,
Should I go ahead and schedule a meeting to discuss the issue detailed below or should I simply respond to NURFC that
we will be requiring a guarantor?
Kindly, let me know.
Thanks

From: GDowdell@nurfc.org [mailto:GDowdell@nurfc.org]
To: Tony Capaci
Cc: BReece@nurfc.org
Subject: Re: NURFC
Tony,
This is to provide you an update on the Freedom Center, and to ask for your help in moving forward to obtain the current
$850,000 still outstanding .
As you're aware, our Bank group letter of credit renewal was key to our ability to continue to service the debt at the lowest
possible costs. In addition, you required the Bank group to subordinate their position to the State, as one of the
requirements prior to releasing State funds. I am happy to report that we have been successful in renewing the letter of
credit with the Bank group. We signed the new agreement recently and the Banks are now ready to agree to the
subordination, as they have in the past.
The revised agreement did require us to accelerate the pay down of principal. On April 1, we reduced our outstanding
debt from $46MM to $27MM....a $19MM reduction. We all agreed that in this financial environment it made sense to
reduce our outstanding debt.
543
The financial crisis that has occurred over the past year in the overall marketplace has resulted in two issues for us
relative to how we look at full funding from OCFC 's perspective. First, the dislocation in the market cause our
investments to lose over 20% of their value. This, by itself would have caused the Freedom Center to fall short of the full
funding requirements. In addition, and again due to the market, it made better financial sense to pay down the debt. With
less cash invested, we also have less ability to grow the "endowment" (spread between debt cost and long term
investment over 30 yrs) to satisfy full funding.
Here's where we need your advice as to how to proceed. Are there other creative ways other institutions have used to
satisfy full-funding that might be applicable to the Freedom Center's situation ? We obviously still need the final
installment of the State money to continue to paydown principal , to lower our borrowing cost, to enable us to achieve a
sustainable long term financial model.
Any and all advice as to how to proceed is greatly appreciated.
Regards,
Gary Dowdell
544
Kathy Fox
From: Barbara Witt
To: Kathy Fox
Subject: Read: meeting dates for NURFC
Your message

To: Tony Capaci
Cc: Barbara Witt
Subject: RE: meeting dates for NURFC
Sent: 3/2/2009 3:03 PM

was read on 3/2/2009 5:27 PM.

545
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Subject: Read: meeting dates for NURFC
Your message

To: Tony Capaci
Cc: Barbara Witt
Sent: 3/2/2009 3:03 PM

was read on 3/2/2009 3:11 PM.

546
Kathy Fox
Subject: Delivered: RE: meeting dates for NURFC
Your message

To: Tony Capaci
Cc: Barbara Witt
Sent: 3/2/2009 3:03 PM


547
Kathy Fox
From: Kathy Fox
To: Tony Capaci
Subject: Tentative: NURFC status with Gary Dowdell and Don Murphy
I may participate by telephone
‐K
556
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Subject: Read: NURFC meeting
Your message

Sent: 2/5/2009 5:06 PM

was read on 2/6/2009 8:27 AM.

557
Kathy Fox
Sent: Thursday, February 05, 2009 5:06 PM
Subject: Delivered: RE: NURFC meeting
Your message

Sent: 2/5/2009 5:06 PM


558
Kathy Fox
From: Kathy Fox
Tracking:
Barbara Witt Delivered: 2/5/2009 5:06 PM Deleted: 2/26/2010 3:55 PM
Tony,
I am not sure what value I can add to this discussion, but will meet with them if they want. You can schedule a meeting
between 1:30 and 3P for 3/5. I may have to participate by phone.

Thx,
K

From: Tony Capaci
Subject: FW: NURFC meeting

Kathy, Barbara,
I have not heard back from you on a few dates in early March to meet with Gary Dowdell and Don Murphy. Please let
me know your thoughts.
Thanks,
Tony

From: Tony Capaci
Sent: Wednesday, January 21, 2009 11:46 AM
Subject: NURFC meeting

Kathy, Barbara,
Gary Dowdell returned (with a call) my email requiring NURFC to get the banks consent on subordination for the HB 562
appropriation ($850K). I want the banks consent before we start assessment for the May meeting. He said NURFC did
not make the banks covenants at year end due to the unrealized losses from their equities position. NURFC is in talks
with the banks regarding the same. Once NURFC negotiates terms with the bank Gary believes they can tackle the
subordination issue. Obviously, they will not be ready for the May meeting however, he wants to get Don Murphy and
schedule some time with us to discuss the matter. He also mentioned their attendance is off. He hopes to schedule
something with us 45 days or so out. Could you let me know what is good for either of you in the first week of March?
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
559
560
Kathy Fox
From: Kathy Fox
To: Jessica Fagan; Dave Wartel; Barbara Witt
Tracking:
Jessica Fagan Delivered: 12/23/2008 12:15 PM
Barbara Witt Delivered: 12/23/2008 12:15 PM Deleted: 2/26/2010 3:55 PM
I agree with the new proposed topics.
‐K

From: Jessica Fagan
To: Dave Wartel; Kathy Fox; Barbara Witt

Another item that could be included are layoffs at NURFC, as well as the Contemporary Arts Center. And I mis‐wrote one
of the items below‐ it wasn’t af2 that suspended the 2009 season, but the AFL, which is separate.

Jessica Fagan
Tel: 614-752-2770
Fax: 614-752-2775
From: Dave Wartel
To: Jessica Fagan; Kathy Fox; Barbara Witt

Is it appropriate to report on the budget cut? The details are: reduction to GRF of $9,647 effective 1/1/09. But I
suspect that the more interesting part is the context of the state’s overall financial condition.

Dave

From: Jessica Fagan
To: Kathy Fox; Dave Wartel; Barbara Witt
Subject: monthly report outline

Here is a draft outline for the monthly report for December – Kathy, some of these items may not be appropriate to
report on at this time (there are question marks next to them) so please let me know if any should be removed from the
outline.

Commission News
‐ $$ reimbursed for December
561

Project News
‐ # of projects in assessment/ anticipated for Feb. agenda
‐ King Arts Complex – new lease executed, legal docs executed, Commission reimbursement in process &
expected in early January
‐ RiverSouth – change in project scope from public art to amphitheater
‐ Lucas County arena – continue to submit info; AF2 suspends 2009 season (?)
‐ Powers Auditorium – change in project scope recommended by Commission staff to pay off line of credit (?)
‐ Valentine Theatre – seeking to reduce endowment; Commission staff recommends seeking approval to modify
previous agreement terms (?)

Jessica Fagan
Tel: 614-752-2770
Fax: 614-752-2775
562
Kathy Fox
From: Kathy Fox
Sent: Wednesday, August 13, 2008 10:01 PM
To: Mandy Agler; Kathy Fox; Dave Wartel; Barbara Witt
Subject: RE: DHL Express shipping DRAFT EMAIL
We need a service that can track delivery status for certain deliveries:
1. checks for capital projects to LPSs not on EFT: These don't need to be next morning or
even next day, but must be trackable.
2. Legal docs: with rare exception, these don't need to be next morning or even next day, but
must be trackable.
3. Commission mtg. Books: with advance planning, next day & trackable should be fine.
‐k

From: "Mandy Agler" <magler@culture.ohio.gov>
To: "Kathy Fox" <KFox@culture.ohio.gov>; "Dave Wartel" <dwartel@culture.ohio.gov>; "Barbara
Witt" <bwitt@culture.ohio.gov>
Sent: 8/13/08 5:02 PM
Subject: DHL Express shipping DRAFT EMAIL

Kathy, Dave, and Barbara – I wanted to get your input, particularly on the recommendations at
the end, before sending this to the entire staff. (I’m not sure exactly what the rules for
project docs should be. We’ve been sending extra large stacks of legal docs by UPS, NURFC
being one recent example.) Thanks! ‐Mandy

I spoke with the DHL Express account manager and he will be setting up an account for us.
This can take up to 48 hours and then I will need to order supplies, so we can’t send
anything just yet. Once I have everything set up our shipping methods will be similar to how
we worked with UPS. The prices are similar if not lower than what we had through UPS.

(FYI‐ DHL and DHL Express are two separate companies‐ this information pertains ONLY to DHL
Express.)

USPS Rate (2 day)

2nd day delivery

Next day by 12:00 Noon

Next day by 10:30AM

For a typical packet of legal agreements (2lb):

563

$4.80 = 2‐4lb envelope

$5.20 = 2‐3lb box

$5.80 = 4lb box

(2lb) $5.16

(2lb) $5.84

(2lb) $6.09 + $.25 fee

For a Commission notebook (3lb):

(3‐4lb) $5.20 to $5.80

(3lb) $5.24

(3lb) $5.92

(3lb) $6.17+ $.25 fee

Other possible charges on top of those rates:

‐$1.30 for delivery to a business or residence that is remote (out of the usual delivery
area)

‐$1.30 for ANY residential delivery (so a remote residential delivery adds $2.60 to the cost)

Your choice of delivery method will depend on a combination of cost, speed, and tracking
requirements. Note that the USPS does not provide tracking information, so for certain
critical documents, such as Commission notebooks, it may be best to use DHL Express.

I will let you all know when we are set up to use DHL Express.

Mandy

Mandy Agler
Operations Coordinator

564

Telephone: 614‐752‐2770
Fax: 614‐752‐2775
e‐mail: magler@culture.ohio.gov <mailto:d@culture.ohio.gov>

<http://www.culture.ohio.govthe/> 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 <http://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.

565
Kathy Fox
From: Tony Capaci
Sent: Tuesday, August 12, 2008 10:25 AM
To: Bernard Cason
Cc: Kathy Fox; Barbara Witt
Subject: RE: NURFC Memo of Lease Recording Mailed Today
Bernard,
I see the lease was recorded on 8/8/08 on the recorder’s web page. Good work.
Thanks,
Tony

From: Bernard Cason
To: Tony Capaci
Subject: NURFC Memo of Lease Recording Mailed Today

Just an FYI, I sent the NURFC Memo of Lease to the Hamilton County Recorder’s office regular mail per Barbara’s
instruction. Once they receive them, it should take it about a week to get it back to us. ‐ Bernard

Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775
e-mail: bcason@culture.ohio.gov
566
Kathy Fox
From: Tony Capaci
Subject: FW: NURFC Memo of Lease Recording Mailed Today
Kathy, Barbara,
FYI

From: Bernard Cason
To: Tony Capaci
Subject: NURFC Memo of Lease Recording Mailed Today

Just an FYI, I sent the NURFC Memo of Lease to the Hamilton County Recorder’s office regular mail per Barbara’s
instruction. Once they receive them, it should take it about a week to get it back to us. ‐ Bernard

Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775
567
Kathy Fox
From: Tony Capaci
Sent: Thursday, July 31, 2008 9:16 AM
To: DMurphy@nurfc.org; GDowdell@nurfc.org
Cc: Kathy Fox; Myra La Cava
Subject: $2M check
Don, Gary,
The $2M check will go out today via UPS. I am going on vacation and will return on 8/9. If for some reason there is a
problem delivering the check Myra in my office will have the tracking number.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
568
Kathy Fox
From: Tony Capaci
To: Myra La Cava
Cc: Kathy Fox; Barbara Witt; Dave Wartel
Subject: NURFC $2M check
Hi Myra,
NURFC have met all of the requirements and all legal docs are properly signed. Could you kindly UPS the check (so we
have a tracking number) to Don Murphy at NURFC.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
569
Kathy Fox
From: Bernard Cason
Sent: Wednesday, July 30, 2008 1:35 PM
To: Tony Capaci; Kathy Fox
Cc: Barbara Witt; Myra La Cava; Dave Wartel
Subject: NURFC Memorandum of Lease Recording Update
The Hamilton County Recorder’s office explained the process for filing a Memorandum of Lease. I will send one original
of the Memorandum of Lease for recording, and a check for $28 for the first two (2) pages and $8 for each additional
page for a total of $44.00 (the document is four (4) pages) along with a postage paid envelop. We should receive the
recorded document back approximately in a week.

Dave – how do I go about receiving the $44.00 check? Thanks ‐ Bernard
Bernard E. Cason
Project Analyst
Telephone: 614-752-2770
Fax: 614-752-2775
570
Kathy Fox
From: Tony Capaci
Sent: Friday, July 25, 2008 4:09 PM
To: Bernard Cason
B‐
When we get the memorandum of lease from NURFC go to the county recorder’s website and facilitate the recording.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
571
Kathy Fox
From: Tony Capaci
Sent: Friday, July 25, 2008 3:55 PM
Subject: NURFC agreements
Kathy, Barbara,
I just spoke with Gary Doudell, he was successful in retrieving the legal docs. Don and the bank have signed them. They
will overnight the docs to us and we should have them Monday AM. I will schedule a signing with Kathy on Monday.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
572
Kathy Fox
From: GDowdell@nurfc.org
To: Tony Capaci
Cc: Barbara Witt; DMurphy@nurfc.org; Kathy Fox
Subject: Re: escrow check
We have the check cut. We're waiting for the Banks to send back to us all the signed documents. We'll forward the escrow
check with all the documents.
Thanks Gary
"Tony Capaci" <tcapaci@culture.ohio.gov> To <DMurphy@nurfc.org>, <GDowdell@nurfc.org>

cc "Kathy Fox" <KFox@culture.ohio.gov>, "Barbara Witt" <bwitt@culture.ohio.gov>
07/24/2008 11:26 AM Subject escrow check
Don, Gary,
In the recent emails and phone conversations I do not thing we mentioned the escrow check made payable to OCFC for
$450,000.
Please send the check with the signed documents.
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
573
Kathy Fox
From: Tony Capaci
Subject: escrow check
Don, Gary,
In the recent emails and phone conversations I do not thing we mentioned the escrow check made payable to OCFC for
$450,000.
Please send the check with the signed documents.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
574
Kathy Fox
From: Tony Capaci
Subject: FW: extension to sign legal docs runs out Tuesday
Importance: High
It sounds like we will the legal documents on Monday. I guess that works,
Thanks,
Tony

Sent: Wednesday, July 23, 2008 6:05 PM
To: Tony Capaci
Subject: Re: extension to sign legal docs runs out Tuesday
Importance: High
I spoke with Kathy this afternoon about this. I also spoke briefly with the lead banker who is on vacation. He had been
under the impression that he would have received the documents before he went on vacation. He is in town and will
return to his office to review the documents. It is my understanding that we received documents prior to his going on
vacation so that they could have been processed quickly, but the original documents we received had error and had to be
returned for correction. I signed the corrected documents as soon as I received them.
The lead bank group will sign these documents by Friday and we will get them to you either late on Friday or first thing
Monday morning.
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 503-3772
Fax: 513 333-7712
"Tony Capaci" <tcapaci@culture.ohio.gov> To <DMurphy@nurfc.org>

cc "Barbara Witt" <bwitt@culture.ohio.gov>, "Kathy Fox" <KFox@culture.ohio.gov>
07/23/2008 03:21 PM Subject extension to sign legal docs runs out tuesday
Don,
I received your email regarding Gary being out until tomorrow. I want to communicate to you the Commission’s extension to sign
legal docs runs out this Tuesday. Could you kindly get them signed and over night them to me. I did not anticipate asking the
Commission for another extension and I am not sure we would get another one if requested.
Let me know.
Thanks,
Tony

Tony Capaci
Project Manager
575
Telephone: 614-728-6924
Fax: 614-752-2775
576
Kathy Fox
Sent: Tuesday, July 22, 2008 3:21 PM
To: Tony Capaci
Cc: GDowdell@nurfc.org; Kathy Fox; Barbara Witt
Subject: Re: NURFC legal Docs
Tony
Gary is out until Thursday. I will get an update for you by then or earlier if possible.
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 503-3772
Fax: 513 333-7712
-----"Tony Capaci" <tcapaci@culture.ohio.gov> wrote: -----
To: <DMurphy@nurfc.org>, <GDowdell@nurfc.org>

Date: 07/22/2008 08:47AM
cc: "Kathy Fox" <KFox@culture.ohio.gov>, "Barbara Witt" <bwitt@culture.ohio.gov>
Subject: NURFC legal Docs
Don, Gary,
I have not heard anything regarding the signing of legal documents and was wondering what the status is.
Let me know.
Thanks,
Tony
Tony Capaci
Project Manager
Columbus , OH 43215-3416
Telephone: 614-728-6924
Fax: 614-752-2775
577
578
Kathy Fox
From: Tony Capaci
Sent: Tuesday, July 01, 2008 12:38 PM
Cc: Kathy Fox
Subject: revisions to docs
Don, Gary,

I just received word, John Gierl will have some revisions to the docs regarding the name of the referenced bank. So
please disregard those docs I sent yesterday. When bond counsel gets all the revisions I will ask him to produce a
master copy and will distribute them to you.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
583
Kathy Fox
From: Dave Wartel
Sent: Thursday, June 26, 2008 11:03 AM
To: Kathy Fox
Cc: Tony Capaci; Myra La Cava
Subject: RE: questions on escrow agreement
As discussed (for Myra’s benefit), we are not currently producing statements of any kind, nor have we had any requests
to do so since I’ve been here. We can produce a simple, manual statement for NURFC on demand or on a cycle (no
more frequent than quarterly) if they have a need. Tony will advise us of NURFC’s request.

‐Dave

From: Kathy Fox
Sent: Wednesday, June 25, 2008 4:57 PM
To: Dave Wartel
Cc: Tony Capaci; Myra La Cava
Subject: FW: questions on escrow agreement
Dave,
Can you confirm for Tony the current process on the 5A1 escrow sub accounts? Are we providing annual or quarterly
statements to the LPSs?

Thx,
K

From: Tony Capaci
To: Kathy Fox
Subject: FW: questions on escrow agreement
Kathy,
Gary Dowdell wants to know if they will get escrow statements and if so, how often. Do you know or can you point me
in the right direction to find out?
Thanks,
Tony

To: Tony Capaci
Subject: Re: questions on escrow
Tony,
Thanks. Will we get statements and how often?
Gary
"Tony Capaci" <tcapaci@culture.ohio.gov> To <GDowdell@nurfc.org>
589
cc
06/25/2008 04:14 PM Subject questions on escrow
Gary,
Here is the excerpt from the CUA which will be executed addressing the escrow. I believe the excerpt answers all your questions.
Tony
ARTICLE XVIII
ESCROW
Section 1. Escrow of Certain Costs. The Project Sponsor has placed in escrow with the Commission in its
Capital Donations Fund the sum of _$450,000_________________, being an estimate of the costs for the
Facility of six months of (a) real property taxes, (b) all utility charges and (c) premiums for insurance required
by Article X. Such funds may only be used by the Commission to pay the cost incurred in providing alternate
performance of the Project Sponsor’s obligations to pay such costs. Escrow Funds in the Capital Donations
Fund will be held and invested by the Treasurer of the State in accordance with rules and regulations governing
that office, at no cost or expense to the Project Sponsor. Interest on the escrow funds will accrue solely to the
benefit of the Project Sponsor to be used in accordance with this Article. To the extent moneys in the escrow
account are not used for their intended purpose, the money shall be returned to the Project Sponsor upon
termination of this Cooperative Use Agreement.

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
590
Kathy Fox
From: Tony Capaci
To: GDowdell@nurfc.org
Cc: Kathy Fox; DMurphy@nurfc.org
Subject: legal docs sent to bank attorney
Gary,
The legal docs have been sent to the banks attorney. I will get back to you regarding your questions concerning the
escrow.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
591
Kathy Fox
From: Tony Capaci
Sent: Friday, June 20, 2008 10:01 AM
Subject: revised legal docs
Gary,
I just heard from bond counsel, he is going to work on revising legal docs to include language requiring NURFC to pay the
$2M in state funds to the bond holders. I suspect I will have the docs on Monday, review them and give the okay to pass
the legal docs onto your bank attorney. I suspect that will take place on Tuesday.
Have a good weekend.
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
603
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Subject: RE: Freedom Center payment; RE: Kurt called Steve
Kathy,
To answer your question regarding Steve discussing with the bank the need for NURFC to use the funds to pay down the
capital debt yes, Steve did discuss that topic with the bank’s attorney. However, I do not know if Steve thought it
necessary to include a requirement for NURFC to pay down the debt in the revised Subordination Agreement. (I would
suspect he did) When I review the revised agreement I will look for it.
Thanks,
Tony

From: Kathy Fox
Sent: Sunday, June 15, 2008 11:06 AM
To: Tony Capaci
Cc: Dave Wartel; Myra La Cava; Barbara Witt
Subject: Freedom Center payment; RE: Kurt called Steve

Thanks Tony. I think we should proceed with the plan discussed late Friday – submit the invoice to Myra for vouchering
on Monday. But we won’t approve it in the system until we know the legal docs are signed. I believe that the last day to
approve a voucher in OAKS is Friday 6/20. That doesn’t leave a lot of time to get the bank on board and the bank docs
signed. The bank should be told that if they don’t sign the docs on Thursday, then we won’t be able to pay NURFC prior
to the end of June. NURFC should be advised of the tight timeframe as well, since they may have to renegotiate their
payment terms with the bank if the bank can’t act quickly. In the meantime, even though Steve isn’t available M‐W, can
the bank review and approve the docs “in concept?”

We might be able to buy a little additional time if, and only if, NURFC is NOT set up for EFT. In that event, we could
approve the voucher on Friday, have the paper check sent to us (rather than mailed directly to NURFC when it is
processed) and hold the check in escrow in our office till all docs are signed. If NURFC is set up for EFT, this idea won’t
work.

On a related note, has Steve shared with the bank his concern that the state funds need to immediately go to the bank
for payment on the line of credit to avoid a “double dipping” problem of NURFC using two different sources of tax
exempt bonds for the same capital improvements costs?

Thx,
Kathy

From: Tony Capaci
Sent: Saturday, June 14, 2008 3:06 PM
To: Kathy Fox
Subject: Kurt called Steve

Kathy,
Apparently your message got through to Kurt because he called Steve after I left on Friday (5:00PM). Steve mentioned
there was a refunding which we were not aware of and accordingly, Steve has to re‐run the numbers. He will be out
Monday through Wednesday and anticipates he will have rerun the numbers by Friday. I am wondering if we can have
Steve simply draft a letter agreement as an addendum to each legal agreement which will need to be revised (we have
621
signed copies of the legal agreements which we are holding in escrow) We could Fax the letter agreement (addendum)
to Don Murphy and maybe have the deal sealed by Friday or Monday. Steve can talk to the bank’s attorney on Thursday
or Friday and get their buy‐in. Can we pay invoices on this Friday or next Monday? (I suspect we can e‐mail Steve and
fill him in on the letter agreement even while he is away).
I’m working for a couple more hours today (Saturday) so if you get this message you can e‐mail me or if you want to
speak to me 728‐6924 or cell phone (740) 334‐9930.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
622
Kathy Fox
Sent: Monday, June 16, 2008 11:59 AM
To: Tony Capaci
Subject: Re: update on legal docs
Tony,
Thanks for the update. I forwarded to you our legal council changes on June 3. Please advise if you did not receive them
and I'll reforward . I'll also alert the Banks and have them prepared to turnaround things quickly.
Gary

cc "Kathy Fox" <KFox@culture.ohio.gov>, <DMurphy@nurfc.org>
06/16/2008 11:48 AM Subject update on legal docs
Gary,
I received the message that you called Friday evening. On Saturday I learned our bond counsel did hear from the OBM.
Apparently, there was a refunding affecting the bonds which requires bond counsel to re-run the bond amortization
schedule. Bond counsel is away today, tomorrow and Wednesday but will rerun the numbers on Thursday and hopefully
have a draft to us and your bank’s attorney on Thursday or Friday. (I do not know if it will be new draft of the legal
documents or if a letter agreement will suffice). At any rate we will need an immediate turnaround from your bank if we
are to get you a check in June. (Since 6/30 is the State’s fiscal year end all invoices have to be paid no later than June
20th). Kindly talk to your bank and request of them to speak to their attorney so everyone is on the same page regarding
the extremely tight timeframe.
Also, we will need the check for the escrow ($450K made payable to Ohio Cultural Facilities Commission). Finally, I sent
you an email on May 30 regarding our independent counsel’s request to get additional language from your attorney in the
title opinion. I will forward you a copy of that email and we will need that request fulfilled.
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
623
Kathy Fox
From: Tony Capaci
Cc: Kathy Fox; DMurphy@nurfc.org; Barbara Witt
Subject: MY bad
Gary,
I’m sorry. I have your response on June 3rd to the title opinion issue I sent you on 5/30.
My Bad
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
624
Kathy Fox
From: Tony Capaci
Cc: Kathy Fox; DMurphy@nurfc.org; Barbara Witt
Subject: FW: title opinion

From: Tony Capaci
Sent: Friday, May 30, 2008 1:46 PM
To: 'GDowdell@nurfc.org'
Cc: 'DMurphy@nurfc.org'
Subject: title opinion

Gary,
I received your phone message:

Below is our independent counsel’s thoughts on the title opinion letter. He is looking for either the additional language
(stated below) in the opinion letter or the documentation your attorney has substantiating service to the lienholders.
Under the statute, there should be a sheriff’s notice of service on the lienholder (unless they did this by publication). I’d
like to see the documentation they have on the service of the notice to commence suit in both matters. In the alternative,
they could add to the language already in the opinion letter something like the following : “On ________, 2008, in
accordance with the requirements of ORC 1311.11, the notice to commence suit was served by the Sheriff of _______
County upon the lienholder at the [address of lienholder].” I want them to either attest that they served the notice to
commence suit in accordance with the statute or provide me the documents so I can at least see what they did.
Regarding the subordination agreement our bond counsel has a call into OBM requesting approval of the bond
amortization table to be included in the revised legal agreements. Once he has OBM’s approval he will submit the
revision to your bank’s attorney. I spoke with our bond counsel today and he has not yet heard from OBM. He will give
them until mid week next week and if he does not hear from them he will again reach out.
I will keep you posted on the subordination agreement. Let me how your attorney will address the title opinion.
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
625
Kathy Fox
From: Tony Capaci
Subject: update on legal docs
Gary,
I received the message that you called Friday evening. On Saturday I learned our bond counsel did hear from the OBM.
Apparently, there was a refunding affecting the bonds which requires bond counsel to re‐run the bond amortization
schedule. Bond counsel is away today, tomorrow and Wednesday but will rerun the numbers on Thursday and hopefully
have a draft to us and your bank’s attorney on Thursday or Friday. (I do not know if it will be new draft of the legal
documents or if a letter agreement will suffice). At any rate we will need an immediate turnaround from your bank if
we are to get you a check in June. (Since 6/30 is the State’s fiscal year end all invoices have to be paid no later than June
20th). Kindly talk to your bank and request of them to speak to their attorney so everyone is on the same page regarding
the extremely tight timeframe.
Also, we will need the check for the escrow ($450K made payable to Ohio Cultural Facilities Commission). Finally, I sent
you an email on May 30 regarding our independent counsel’s request to get additional language from your attorney in
the title opinion. I will forward you a copy of that email and we will need that request fulfilled.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
626
Kathy Fox
From: Kathy Fox
To: Tony Capaci
I agree
‐K

To: "Kathy Fox" <KFox@culture.ohio.gov>
Cc: "Myra La Cava" <mlacava@culture.ohio.gov>; "Dave Wartel" <dwartel@culture.ohio.gov>;
"Barbara Witt" <bwitt@culture.ohio.gov>
Sent: 6/16/08 10:32 AM
Subject: FW: Freedom Center payment; RE: Kurt called Steve

Kathy,

I am working on the NURFC tasks. Currently, the EFT function is on for NURFC but Myra can
unclick it and have the check come to us. I will tell her to do so and plan on holding the
check in escrow. Steve said the legal docs will be drafted on Friday, which is the 20th , I
do not think we can expect them to go through final review from the bank’s attorney, then go
to the bank for signature and then to NURFC for signature and get them back from NURFC before
the following Monday or Tuesday that is why I like your idea of having Myra cut the check and
we holding it in escrow.

Let me know if you concur.

Thanks,

Tony

From: Myra La Cava
Cc: Dave Wartel; Barbara Witt

Kathy,

I can unclick the EFT for NURFC if needed and have the check come here.

From: Kathy Fox
To: Tony Capaci
627

Thanks Tony. I think we should proceed with the plan discussed late Friday – submit the
invoice to Myra for vouchering on Monday. But we won’t approve it in the system until we
know the legal docs are signed. I believe that the last day to approve a voucher in OAKS is
Friday 6/20. That doesn’t leave a lot of time to get the bank on board and the bank docs
signed. The bank should be told that if they don’t sign the docs on Thursday, then we won’t
be able to pay NURFC prior to the end of June. NURFC should be advised of the tight
timeframe as well, since they may have to renegotiate their payment terms with the bank if
the bank can’t act quickly. In the meantime, even though Steve isn’t available M‐W, can the
bank review and approve the docs “in concept?”

We might be able to buy a little additional time if, and only if, NURFC is NOT set up for
EFT. In that event, we could approve the voucher on Friday, have the paper check sent to us
(rather than mailed directly to NURFC when it is processed) and hold the check in escrow in
our office till all docs are signed. If NURFC is set up for EFT, this idea won’t work.

On a related note, has Steve shared with the bank his concern that the state funds need to
immediately go to the bank for payment on the line of credit to avoid a “double dipping”
problem of NURFC using two different sources of tax exempt bonds for the same capital
improvements costs?

Thx,

Kathy

From: Tony Capaci
To: Kathy Fox

Kathy,

Apparently your message got through to Kurt because he called Steve after I left on Friday
(5:00PM). Steve mentioned there was a refunding which we were not aware of and accordingly,
Steve has to re‐run the numbers. He will be out Monday through Wednesday and anticipates he
will have rerun the numbers by Friday. I am wondering if we can have Steve simply draft a
letter agreement as an addendum to each legal agreement which will need to be revised (we
have signed copies of the legal agreements which we are holding in escrow) We could Fax the
letter agreement (addendum) to Don Murphy and maybe have the deal sealed by Friday or Monday.
Steve can talk to the bank’s attorney on Thursday or Friday and get their buy‐in. Can we pay
invoices on this Friday or next Monday? (I suspect we can e‐mail Steve and fill him in on
the letter agreement even while he is away).
628

I’m working for a couple more hours today (Saturday) so if you get this message you can e‐
mail me or if you want to speak to me 728‐6924 or cell phone (740) 334‐9930.

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 <http://www.culture.ohio.gov/> or call (614) 752‐2770 for more

629
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Cc: Myra La Cava; Dave Wartel; Barbara Witt
Subject: FW: Freedom Center payment; RE: Kurt called Steve
Kathy,
I am working on the NURFC tasks. Currently, the EFT function is on for NURFC but Myra can unclick it and have the
check come to us. I will tell her to do so and plan on holding the check in escrow. Steve said the legal docs will be
drafted on Friday, which is the 20th , I do not think we can expect them to go through final review from the bank’s
attorney, then go to the bank for signature and then to NURFC for signature and get them back from NURFC before the
following Monday or Tuesday that is why I like your idea of having Myra cut the check and we holding it in escrow.
Let me know if you concur.
Thanks,
Tony

From: Myra La Cava

Kathy,


From: Kathy Fox
To: Tony Capaci


work.


Thx,
630
Kathy

From: Tony Capaci
To: Kathy Fox

Kathy,
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
631
Kathy Fox
From: Myra La Cava
Kathy,


From: Kathy Fox
To: Tony Capaci


work.


Thx,
Kathy

From: Tony Capaci
To: Kathy Fox

Kathy,
632
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
633
Kathy Fox
From: Tony Capaci
Sent: Tuesday, June 10, 2008 10:22 AM
Gary,
OBM has told bond counsel they are reviewing the calculation and that they will respond. I will keep you posted on any
progress.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
634
Kathy Fox
From: Tony Capaci
Sent: Friday, May 16, 2008 10:48 AM
Cc: Kathy Fox
Subject: NURFC extension
Don,
The title opinion letter is in the hands of our attorney and I just learned he has undergone surgery yesterday, so I do not
expect to have his review of a clean title opinion by Tuesday. Also, your bank and our legal agreement attorney are still
working out the details on the subordination agreement. Therefore, I do not think we will make the May 20th deadline
and I will go forward with my backup plan to request of the Commission an extension until July 29, 2008. I discussed the
matter with Kathy and we feel your attendance at the meeting will not be required. I will let you know how Tuesday
goes, but as I have indicated, I do not foresee any problems with getting an extension.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
643
Kathy Fox
From: Tony Capaci
Sent: Tuesday, May 13, 2008 10:36 AM
To: Kathy Fox
Cc: Barbara Witt
Subject: NURFC legal doc
Kathy,
Steve called and left a message. As it turns out, after the debt is amortized , the bank is only subordinating an additional
$400K so they have agreed to the subordination as Steve proposed it.
Steve does have to revise the legal agreements to include an amortization schedule. His admin asst is off until the week
of the 19th so he will not have it to us until the 20th or shortly thereafter. NURFC’s deadline is the 20th (assuming they
have the liens cleared) and we currently are holding legal docs signed by NURFC. (These are the docs Steve will be
revising) Since we have legal docs signed by NURFC which essentially contain the spirit of our intentions (they only need
an amortization schedule confirming what already exists) I believe the requirement to have docs signed by the 20th can
be construed to have been met and we can execute the revisions once Steve has completed them.
Do you concur?
Finally, Steve also mentioned NURFC became excited when the bank told them the $2M pays off debt. Steve wants us
to talk to them about that and possibly assign the check to the bank.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
645
Kathy Fox
From: Tony Capaci
Sent: Thursday, May 08, 2008 5:08 PM
To: Kathy Fox
Subject: nurfc
Kathy,
I sent Steve the bond and voucher information. He called back to tell me he sent it on to the Banks attorney and it was
just what he needed. I’ll keep you posted if I hear anything tomorrow.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
646
Kathy Fox
From: Tony Capaci
Sent: Thursday, May 08, 2008 8:23 AM
To: Kathy Fox
Subject: RE: Second amendment to base lease not in package
Hi Kathy,
The attorney for the bank is John Gierl.
Thanks,
Tony

From: Kathy Fox
Sent: Wednesday, May 07, 2008 10:35 PM
To: Tony Capaci
Thanks for the status report Tony. Out of curiosity, who is the attorney for the bank?
Thx,
K

From: Tony Capaci
To: Kathy Fox
Hi Kathy,
How is your husband feeling? Better I hope.
NO real progress on solving the mystery. Mandy saved the actual UPS envelope and the documents we did receive fit
inside the envelope snugly. So, I do not think there is room for four copies of the Second Amendment in that envelope.
(The Second Amendment was a rather thick document and multiplied by four it would have to be close to an additional
inch of paper) I am rather certain the error is on their end however, I do not see any point in bringing that belief to Don’s
attention. I will send them four more copies of the Second Amendment to the Base Lease this morning.
On a separate note, sometime after 5:00PM last night I received a call from NURFC’s bank’s attorney inquiring about the
Supplemental Subordination Agreement (Steve’s draft). His question was specifically regarding the past amount of
money being amortized over the original ten years for the original subordination and added to the new appropriation
under the new bond term. The specifics are spelled out in the Second Amendment to the Base Lease of which he
apparently had the original version. (I do not think there has been any change to the original version as it relates to his
question but I was not sure) Coincidentally, Steve also called me to inquire about the draft and I told him about the
attorney’s inquiry. As it turns out Steve and the attorney were past law partners and Steve said he would call the
attorney first thing this AM. My feeling is it is rather late in the game to get this kind of question but we do not make a
move without the signed Supplemental Subordination Agreement.
Thanks,
Tony

From: Kathy Fox
Sent: Monday, May 05, 2008 10:48 PM
To: Tony Capaci
Subject: FW: Second amendment to base lease not in package
Importance: High
647
Tony,
Any progress on solving the mystery of the missing docs?
Thx,
Kathy

To: Tony Capaci
Subject: Re: Second amendment to base lease not in package
Importance: High
Hi Tony,
I personally put all the documents that you sent back into the envelope-once Don signed them and I notarized them.
I only have the copies I made of the complete package. Something is very wrong.
Please let me know.
Thanks,
Nicole Hamilton
Executive Assistant to the CEO
Phone: 513-333-7516
Fax: 513-333-7712
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 503-3772
Fax: 513 333-7712

cc "Kathy Fox" <KFox@culture.ohio.gov>
05/05/2008 04:11 PM Subject Second amendment to base lease not in package
Don,
I received four copies of signed documents for the CUA, Memorandum of Lease and First Amendment to the CAF. Although your
cover letter mentioned the Second Amendment to the Base Lease was included I, and the office coordinator who opened the
package, could not find it. Is it possible you inadvertently left it out? Could you kindly check. Also, you dated the documents May 1,
2008. I am not sure if it is acceptable they be dated when you sign them or when Kathy signs them. I will check into it and let you
know. Finally, I will schedule a signing with Kathy after we received:
1)The $450K escrow check made payable to OCFC
2) The subordination agreement
3) Clear title opinion letter
648

We will hold these signed documents in escrow until then.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
649
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Hi Kathy,
How is your husband feeling? Better I hope.
NO real progress on solving the mystery. Mandy saved the actual UPS envelope and the documents we did receive fit
inside the envelope snugly. So, I do not think there is room for four copies of the Second Amendment in that envelope.
(The Second Amendment was a rather thick document and multiplied by four it would have to be close to an additional
inch of paper) I am rather certain the error is on their end however, I do not see any point in bringing that belief to Don’s
attention. I will send them four more copies of the Second Amendment to the Base Lease this morning.
On a separate note, sometime after 5:00PM last night I received a call from NURFC’s bank’s attorney inquiring about the
Supplemental Subordination Agreement (Steve’s draft). His question was specifically regarding the past amount of
money being amortized over the original ten years for the original subordination and added to the new appropriation
under the new bond term. The specifics are spelled out in the Second Amendment to the Base Lease of which he
apparently had the original version. (I do not think there has been any change to the original version as it relates to his
question but I was not sure) Coincidentally, Steve also called me to inquire about the draft and I told him about the
attorney’s inquiry. As it turns out Steve and the attorney were past law partners and Steve said he would call the
attorney first thing this AM. My feeling is it is rather late in the game to get this kind of question but we do not make a
move without the signed Supplemental Subordination Agreement.
Thanks,
Tony

From: Kathy Fox
To: Tony Capaci
Subject: FW: Second amendment to base lease not in package
Importance: High
Tony,
Any progress on solving the mystery of the missing docs?
Thx,
Kathy

To: Tony Capaci
Importance: High
Hi Tony,
650
Please let me know.
Thanks,
Nicole Hamilton
Phone: 513-333-7516
Fax: 513-333-7712
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 503-3772
Fax: 513 333-7712

Don,

Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
651
Kathy Fox
From: NHamilton@nurfc.org on behalf of DMurphy@nurfc.org
To: Tony Capaci
Importance: High
Hi Tony,
Please let me know.
Thanks,
Nicole Hamilton
Phone: 513-333-7516
Fax: 513-333-7712
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 503-3772
Fax: 513 333-7712

Don,

652
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
653
Kathy Fox
From: Tony Capaci
Cc: Kathy Fox
Subject: Second amendment to base lease not in package
Don,
I received four copies of signed documents for the CUA, Memorandum of Lease and First Amendment to the CAF.
Although your cover letter mentioned the Second Amendment to the Base Lease was included I, and the office
coordinator who opened the package, could not find it. Is it possible you inadvertently left it out? Could you kindly
check. Also, you dated the documents May 1, 2008. I am not sure if it is acceptable they be dated when you sign them
or when Kathy signs them. I will check into it and let you know. Finally, I will schedule a signing with Kathy after we
received:

Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
654
Kathy Fox
To: Tony Capaci
Cc: Kathy Fox; Barbara Witt; Bernard Cason
Subject: Re: NURFC
Importance: High
I will have this done as expeditiously as possible. Thank you, Tony.
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 503-3772
Fax: 513 333-7712
Date: 04/30/2008 11:49AM
cc: "Kathy Fox" <KFox@culture.ohio.gov>, "Barbara Witt" <bwitt@culture.ohio.gov>, "Bernard Cason"
<bcason@culture.ohio.gov>
Subject: NURFC
Don,
Attached please find the Supplemental Subordination Agreement. Our attorney thought it best to create an
agreement which references the original subordination agreement which makes sense. I have reviewed the
supplemental agreement and found no reasons to make changes. Kindly have your bank review it and let me
know ASAP if there are any changes.
To re-cap the open item status at this point:
1) NURFC has copies of all agreements in their possession. (Second Amendment to Base Lease; CUA; First
amendment to CAF; Memorandum of Lease and Supplemental Subordination Agreement) OCFC is
awaiting review and NURFC signatures.
2) OCFC is awaiting the escrow check of $450K made payable to OCFC (to be delivered upon signing of
agreements)
3) OCFC is awaiting the title legal opinion letter on NURFC attorney’s letterhead. (to be delivered after last
lien is deemed invalid on May 13,2008)
4) NURFC certificate of insurance has been received and accepted.
655
5) NURFC AG registration has been received and accepted.
6) $2M of invoices validating hard costs not previously paid have been reviewed and accepted.
I believe that covers it.
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
656
Kathy Fox
From: Tony Capaci
Sent: Wednesday, April 30, 2008 11:50 AM
Cc: Kathy Fox; Barbara Witt; Bernard Cason
Subject: NURFC
Attachments: Supplemental Subordination Agreement - OCFC General.DOC

Don,
Attached please find the Supplemental Subordination Agreement. Our attorney thought it best to create an agreement
which references the original subordination agreement which makes sense. I have reviewed the supplemental
agreement and found no reasons to make changes. Kindly have your bank review it and let me know ASAP if there are
any changes.
To re‐cap the open item status at this point:
1) NURFC has copies of all agreements in their possession. (Second Amendment to Base Lease; CUA; First
amendment to CAF; Memorandum of Lease and Supplemental Subordination Agreement) OCFC is awaiting
review and NURFC signatures.
2) OCFC is awaiting the escrow check of $450K made payable to OCFC (to be delivered upon signing of agreements)
3) OCFC is awaiting the title legal opinion letter on NURFC attorney’s letterhead. (to be delivered after last lien is
deemed invalid on May 13,2008)
4) NURFC certificate of insurance has been received and accepted.
5) NURFC AG registration has been received and accepted.
6) $2M of invoices validating hard costs not previously paid have been reviewed and accepted.

I believe that covers it.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
657
Kathy Fox
From: Tony Capaci
Sent: Wednesday, April 30, 2008 10:25 AM
To: Kathy Fox
Subject: RE: NURFC subordiantion
Hi Kathy,
I just heard from Steve and he should have a draft copy of the subordination agreement for me early this afternoon. I
should be able to review it and send it to Don today. I will ask Don to expedite sending it to the bank.
Thanks,
Tony

From: Kathy Fox
To: Tony Capaci
Subject: RE: NURFC subordiantion

Thanks Tony. I appreciate you staying on top of this.

-K.

From: Tony Capaci
To: Kathy Fox
Cc: Barbara Witt
Subject: NURFC subordiantion

Hi Kathy,
Steve called me this AM and left a message stating he could get us a draft by tomorrow. That works as far as I am
concerned because we can get the draft to the bank and we still have time to make changes. Since this is a copy of the
original agreement and since the bank has already reviewed the original agreement I suspect there will not be many
changes. I left a message for Steve asking him to go forward with the draft and get back to me.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
658
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Cc: Barbara Witt
Subject: NURFC subordiantion
Hi Kathy,
Steve called me this AM and left a message stating he could get us a draft by tomorrow. That works as far as I am
concerned because we can get the draft to the bank and we still have time to make changes. Since this is a copy of the
original agreement and since the bank has already reviewed the original agreement I suspect there will not be many
changes. I left a message for Steve asking him to go forward with the draft and get back to me.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
659
Kathy Fox
From: GTurk@nurfc.org
To: Tony Capaci; Kathy Fox; Bernard Cason
Cc: DMurphy@nurfc.org; GDowdell@nurfc.org
Subject: AG Registration
Attachments: 84333.pdf
Tony--we paid 2007 and amount due on 5/15/08

We are current
See attached confirm faxed to us by attorney general office
George
__________________
This is image data from the scanner.
660
Kathy Fox
From: Tony Capaci
Cc: Kathy Fox
Subject: RE: Subordination questions
Don,
It looks like you got it. I will forward it onto the attorney now.
Thanks,
Tony

To: Tony Capaci
Cc: gdowdell@nurfc.org; GTurk@nurfc.org
Subject: Fw: Subordination questions
Tony
Here is the information from the attorney. I hope this is sufficient. If not, let me know.
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 503-3772
Fax: 513 333-7712
----- Forwarded by Don Murphy/NURFC on 04/28/2008 04:46 PM -----
"John R. Gierl" <jgierl@katzteller.com> To <DMurphy@nurfc.org>
cc <rick.kuertz@chase.com>, <rhonda.l.boeke@chase.com>
04/28/2008 04:07 PM Subject RE: Subordination questions
Don - attached is the existing Subordination Agreement which contains most of the information requested below. If you
could please forward to Tony as I do not have his email.
1) the name of the bank we are dealing with
JPMorgan Chase Bank, N.A., successor by merger to Bank One, NA
2) name of the documents that are being subordinated
Reimbursement Agreement dated as of April 1, 2003 by and among JPMorgan Chase Bank, N.A., as successor by
merger to Bank One, NA, as bank and agent, the banks identified therein, and the National Underground Railroad
Freedom Center, Inc., as amended from time to time.
Open End Mortgage, Security Agreement and Fixture Filing dated as of April 1, 2003 by and between National
Underground Railroad Freedom Center, Inc, as mortgagor, and JPMorgan Chase Bank, N.A., successor by merger to
664
Bank One, NA, as mortgagee.
UCC Financing Statements filed April 21, 2003
3) the date of the documents
April 1, 2003
4) when the docs were filed and what page number.
Mortgage was recorded on April 16, 2003 with the Hamilton County Recorder's Office at Official Record 9237, Page
4717
John R. Gierl
Attorney At Law
Katz, Teller, Brant & Hild
A Legal Professional Association
255 East Fifth Street, Suite 2400
Cincinnati, OH 45202-4787
Phone: (513) 721-4532
Direct: (513) 977-3436
Fax: (513) 762-0036
jgierl@katzteller.com
www.katzteller.com

To: John R. Gierl
Subject: Subordination questions
Mr. Gierl
Here are the questions as related to our chief financial officer from the Ohio Facility and Cultural Commission. Tony
Capechi is the person at the Ohio Facility and Cultural Commission handling this. He can be reached at: 614 752-2770.
He needs this information by tomorrow, Tuesday, April 29, 2008. Please call him if you have questions.
Gary,
I heard from our bond counsel regarding the subordination agreement. He needs: 1) the name of the bank we are dealing
with 2) name of the documents that are being subordinated 3) the date of the documents 4) when the docs were filed and
what page number.
Once I get that information from you I will forward it to counsel and ask him to draft a subordination agreement similar to
the one I sent you.
Please get me that info asap.
Thanks,
665
Tony
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 503-3772
Fax: 513 333-7712
***************************************
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NOTICE: The information contained in this electronic mail transmission is intended by Katz, Teller, Brant &
Hild 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,
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666
Kathy Fox
From: Tony Capaci
Cc: Kathy Fox; Bernard Cason; Barbara Witt
Subject: FW: FW: AG registration
Gary,
We can grandfather you in at the $15M so no commercially reasonable letter is necessary.
Thanks,
Tony

From: Tony Capaci
Cc: Bernard Cason
Subject: RE: FW: AG registration
Hi Gary,
Nothing has changed, our minimum umbrella requirements for projects over $25m in construction cost is $20M. I could
ask Barbara/Kathy to make an exception but if they can’t do that I will need that commercially reasonable letter or an
increase of the umbrella.
Thanks,
Tony

To: Tony Capaci
Cc: Bernard Cason; dmurphy@nurfc.org; GTurk@nurfc.org; Kathy Fox
Tony,
Help me with this. We've been at $15MM since we've opened. I assume there were discussions related to getting to the
$15M level, once construction was completed. Now, you're asking us to got to $20MM. Our insurance carrier , based upon
their benchmarks, seem to think that the $15MM is high. Net what's changed?
Gary
"Tony Capaci" <tcapaci@culture.ohio.gov> To <GTurk@nurfc.org>

cc <GDowdell@nurfc.org>, <dmurphy@nurfc.org>, "Kathy Fox"
04/22/2008 01:30 PM <KFox@culture.ohio.gov>, "Bernard Cason" <bcason@culture.ohio.gov>
Subject RE: FW: AG registration
George,
The AG work sounds good thank-you. I will wait on the form. On a separate note, I received the certificate of insurance
and all but one item are acceptable. Your umbrella is $15M and for a project your size we require $20M. A solution to
the issue without obtaining additional insurance is: we can accept a letter from your insurance agent stating she has
667
reviewed your coverage and compared it to projects of a similar size and risk and finds the coverage to be “commercially
reasonable”. Such a letter bridges the gap.
Let me know.
Thanks,
Tony
From: GTurk@nurfc.org [mailto:GTurk@nurfc.org]

To: Tony Capaci
Cc: GDowdell@nurfc.org; DMurphy@nurfc.org
Tony
Status of AG registration
We have reviewed records with Sheila Reed at the the attorney general office and determined that we do owe for 2007
We have sent check directly to her--cannot do by ACH
We have submitted all info for 2008 and paid the 2008 fee
Sheila informed me our 2008 submission of info and payment is registered in the system and as soon as she receives
check for 2007 (sent directly to her) she will issue a compliance form ---this matter will hopefully be resolved by Friday or
Monday at the latest
Best Regards
George
668
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Cc: Bernard Cason
Kathy,
Yes, this is a $15m general liability umbrella for which we now require $20M. I’m good with grandfathering them in at
$15M.
Thanks,
Tony

From: Kathy Fox
To: Tony Capaci
Cc: Barbara Witt
Subject: FW: FW: AG registration
Tony,
Is this on the liability insurance? If so, we must have had a different threshold back when this project started, and given
the circumstances we should grandfather them in at the $15M.

Thx,
Kathy

To: Tony Capaci
Tony,
Gary

George,
669
Let me know.
Thanks,
Tony

To: Tony Capaci
Tony
Best Regards
George
670
Kathy Fox
To: Tony Capaci
Tony,
Gary

George,
Let me know.
Thanks,
Tony

To: Tony Capaci
Tony
671
Best Regards
George
672
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Subject: RE: NURFC
Attachments: RE: NURFC subordination agreement
Kathy,
Steve left a small opening by saying he will try to get to it today or tomorrow before he leaves but he can’t promise
much. Unless you feel differently I will e‐mail Steve today letting him know I will get him the info tomorrow. If he can
attend to it, great. If not I will thank him and give it to Rocco. (I think Tom could definitely do the work) Either way
tomorrow we should have some progress.
Thanks,
Tony

From: Kathy Fox
To: Tony Capaci
Cc: Barbara Witt
Subject: RE: NURFC

Tony, if I recall Steve’s message correctly, he cannot do this right now (let me know if I misremembered his email). If my
recollection is correct about Steve’s message, he was letting you know neither he nor his associates can meet the
deadline given the delay. If you think that Tom can do this work, I’d send it straight to him.
‐K

From: Tony Capaci
To: Kathy Fox
Cc: Barbara Witt
Subject: NURFC

Hi Kathy,
I just got off the phone with Don Murphy and he said he spoke with their attorney and I should have the information
tomorrow. If it is alright with you, I will forward the information on to Steve as soon as I receive it. I will ask him if he or
someone in his office can attend to it sometime before he leaves. If he answers me he cannot attend to I will give the
agreement to Rocco. (The way I see it the agreement is straight forward and as long as I give Rocco accurate info he
should be able to attend to it quickly ) I would rather not lose the time considering we still have to get the agreement
signed by the bank and returned to us with the other legal docs. We have three weeks to the deadline and it took them
over three weeks to get us this info.
Thanks,
Tony

Tony Capaci
Project Manager
673
Telephone: 614-728-6924
Fax: 614-752-2775
674
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Cc: Barbara Witt
Subject: NURFC

Hi Kathy,
I just got off the phone with Don Murphy and he said he spoke with their attorney and I should have the information
tomorrow. If it is alright with you, I will forward the information on to Steve as soon as I receive it. I will ask him if he or
someone in his office can attend to it sometime before he leaves. If he answers me he cannot attend to I will give the
agreement to Rocco. (The way I see it the agreement is straight forward and as long as I give Rocco accurate info he
should be able to attend to it quickly ) I would rather not lose the time considering we still have to get the agreement
signed by the bank and returned to us with the other legal docs. We have three weeks to the deadline and it took them
over three weeks to get us this info.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
675
Kathy Fox
To: Tony Capaci
Cc: Kathy Fox
Subject: RE: FW: subordination agreement
I don't believe there is any reluctance to reply. I spoke with the lead banker, Rick Kertz. It is the
slowness of their lawyers who I will personally light a fire under. We will have what we need by Tuesday
of next week if I have go and get it myself.
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 503-3772
Fax: 513 333-7712
Date: 04/25/2008 03:37PM
cc: "Kathy Fox" <KFox@culture.ohio.gov>
Thanks Don. Let me ask you; what do you make regarding the banks reluctance to comply?
TONY


To: Tony Capaci
Cc: Kathy Fox
Subject: Re: FW: subordination agreement
I left anoher message for the attorney for the bank group. His name is John Gierl. He has yet to return
my call. I will call him continuously until I make contact. Thanks for your help.
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
676
Cell: 513 503-3772
Fax: 513 333-7712
To: <dmurphy@nurfc.org>
Date: 04/25/2008 01:56PM
Subject: FW: subordination agreement
Don,
Here is a copy of the original subordination agreement should the bank have any questions.
Thanks and have a good weekend.
Tony
From: Tony Capaci

To: ' GDowdell@nurfc.org '
Subject: subordination agreement
Hi Gary,
Attached is the old subordination agreement. Let me know how you make out.
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
677
678
Kathy Fox
From: Tony Capaci
Cc: Kathy Fox
Thanks Don. Let me ask you; what do you make regarding the banks reluctance to comply?
TONY

To: Tony Capaci
Cc: Kathy Fox
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 503-3772
Fax: 513 333-7712
Date: 04/25/2008 01:56PM
Don,
Tony
From: Tony Capaci

679
Hi Gary,
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
680
Kathy Fox
To: Tony Capaci
Cc: Kathy Fox
Attachments: NURFC Subordination Agrmt[1].doc
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 503-3772
Fax: 513 333-7712
Date: 04/25/2008 01:56PM
Don,
Tony
From: Tony Capaci

Hi Gary,
Thanks,
681
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
682
Kathy Fox
From: Tony Capaci
To: dmurphy@nurfc.org
Cc: Kathy Fox
Attachments: NURFC Subordination Agrmt[1].doc
Don,
Tony

From: Tony Capaci

Hi Gary,
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
685
Kathy Fox
From: Tony Capaci
To: GTurk@nurfc.org
Cc: GDowdell@nurfc.org; dmurphy@nurfc.org; Kathy Fox; Bernard Cason
George,
The AG work sounds good thank‐you. I will wait on the form. On a separate note, I received the certificate of insurance
Let me know.
Thanks,
Tony

To: Tony Capaci
Tony
Best Regards
George
686
Kathy Fox
Sent: Monday, April 21, 2008 10:35 AM
To: Tony Capaci
Cc: Bernard Cason; dmurphy@nurfc.org; GDowdell@nurfc.org; Kathy Fox
Subject: RE: FW: invalid AG registration
Tony on matter noted below

We have renewed our insuance coverage and recently made payment
Tina Jones with Schiff Kreidler is handling info as you requested below
She may call you to discuss address requirements etc with certificate to be issued once again as you requested in very
near term
George

cc "Bernard Cason" <bcason@culture.ohio.gov>, <GDowdell@nurfc.org>,
04/21/2008 08:33 AM <dmurphy@nurf c.org>, "Kathy Fox" <KFox@culture.ohio.gov>
Subject RE: FW: invalid AG registration
George,
We also have another issue:
The certificate of insurance has an expiration date of 4/29/08; since it looks like the legal documents will not be signed
until May 14 or so we will need a valid certificate of insurance. Please remember we need the Treasurer of State, the
State of Ohio, the Ohio Public Facilities Commission and the Ohio Cultural Facilities Commission named as additional
insureds with a waiver of subrogation in favor of the same.
Thanks,
Tony

To: Tony Capaci
Cc: dmurphy@nurfc.org; Kathy Fox
Subject: Re: FW: invalid AG registration
Tony I will look into and get back to you

George
"Tony Capaci" <tcapaci@culture.ohio.gov>
To <GTurk@nurfc.org>
04/18/2008 04:03 PM
cc "Kathy Fox" <KFox@culture.ohio.gov>, <dmurphy@nurfc.org>
Subject FW: invalid AG registration
687
George,
Since Gary is out of office until 4/28 could you handle this one.
Let me know.
Thanks,
Tony
From: Tony Capaci

Cc: 'GTurk@nurfc.org'; 'dmurphy@nurfc.org'; Kathy Fox
Subject: invalid AG registration
Hi Gary,
We ran a AG Verification of Registration and it came back with “No” checked off. We ran one last November and it came
back okay so it must just be some late registration fees. Could you kindly update
the form and let me know, I will have to run another form once it is up to date.
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
688
Kathy Fox
To: Tony Capaci
Cc: GTurk@nurfc.org; Bernard Cason; GDowdell@nurfc.org; dmurphy@nurfc.org; Kathy Fox
Thanks Tony.
I just renewed our insurance. I was not made aware of this requirement. I am having a hard time
understanding how after 7 months since the commission acted we have all of these last minute
outstanding issues. The bankers, for example agreed months ago to the subordination. The clear title
was just a matter of the time necessary for the claimants to respond or not respond. Why after seven
months are we hearing about an invalid AG registration? We will of coure cooperate fully, I just don't
understand how at the eleventh hour we have all these oustanding issues.
I will get together with my staff and try to sort this out as quickly as possible.
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 503-3772
Fax: 513 333-7712
To: <GTurk@nurfc.org>
Date: 04/21/2008 08:31AM
cc: "Bernard Cason" <bcason@culture.ohio.gov>, <GDowdell@nurfc.org>, <dmurphy@nurf c.org>,
"Kathy Fox" <KFox@culture.ohio.gov>
George,
Thanks,
Tony


689
To: Tony Capaci

George

Subject FW: invalid AG registration
04/18/2008 04:03 PM
George,
Let me know.
Thanks,
Tony
From: Tony Capaci

Hi Gary,
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
690
Kathy Fox
From: Tony Capaci
To: GTurk@nurfc.org
Cc: Bernard Cason; GDowdell@nurfc.org; dmurphy@nurfc.org; Kathy Fox
George,
Thanks,
Tony

To: Tony Capaci

George

04/18/2008 04:03 PM Subject FW: invalid AG registration
George,
Let me know.
Thanks,
Tony
From: Tony Capaci

Hi Gary,
Thanks,
Tony
Tony Capaci
Project Manager
691
Telephone: 614-728-6924
Fax: 614-752-2775
692
Kathy Fox
To: Tony Capaci
Attachments: AG registration.pdf

George

04/18/2008 04:03 PM Subject FW: invalid AG registration
George,
Let me know.
Thanks,
Tony
From: Tony Capaci

Hi Gary,
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
693
Kathy Fox
Sent: Saturday, April 19, 2008 9:43 AM
To: Tony Capaci
Subject: Re: legal agreements
Thanks, Tony.
Don Murphy, CEO

The Freedom Center
50 East Freedom Way
513 333-7530
Cell: 513 503-3772
Fax: 513 333-7712
Date: 04/18/2008 04:40PM
cc: "Kathy Fox" <KFox@culture.ohio.gov>, "Barbara Witt" <bwitt@culture.ohio.gov>
Subject: legal agreements
Hi Don,
We sent four copies each of the legal agreements out UPS today. You should have them sometime Monday.
Please note on the Cooperative Use Agreement Exhibit C lists mortgages and liens; once I have the title
opinion and subordination agreement I will update that Exhibit.
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
694
695
Kathy Fox
From: Tony Capaci
To: dmurphy@nurfc.org
Subject: legal agreements
Hi Don,
We sent four copies each of the legal agreements out UPS today. You should have them sometime Monday. Please
note on the Cooperative Use Agreement Exhibit C lists mortgages and liens; once I have the title opinion and
subordination agreement I will update that Exhibit.
Thanks,
Tony

Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
696
Kathy Fox
From: Tony Capaci
To: GTurk@nurfc.org
Cc: Kathy Fox; dmurphy@nurfc.org
Subject: FW: invalid AG registration
George,
Let me know.
Thanks,
Tony

From: Tony Capaci

Hi Gary,
We ran a AG Verification of Registration and it came back with “No” checked off. We ran one last November and it
came back okay so it must just be some late registration fees. Could you kindly update
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
697
Kathy Fox
From: Tony Capaci
Cc: GTurk@nurfc.org; dmurphy@nurfc.org; Kathy Fox
Hi Gary,
We ran a AG Verification of Registration and it came back with “No” checked off. We ran one last November and it
came back okay so it must just be some late registration fees. Could you kindly update
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
698
Kathy Fox
From: Dave Wartel
To: Kathy Fox
Subject: FW: Checking In
Per our discussion, I know of no work performed other than NURFC.
From: Dave Wartel

To: 'sgrassbaugh@peckshaffer.com'
Cc: Kathy Fox; Tony Capaci
Subject: Checking In
Steve –
Just checking in on the e-mails I sent 8/10/07. The issues I forwarded on to you at that time were:
1. Creation of an “Amended and Restated Lease and Cooperative Use Agreement” for use in extending the state’s
leasehold interest in the National Underground Railroad Freedom Center (“NURFC”) project to include the latest
appropriation (using TOS bond funds) and synchronize the term with the CUA requirement we have for the latest
appropriation;
2. The impact of a project sponsor becoming insolvent, and strategies for dealing with such a scenario, including the
possible application of certain bonds to a particular project on a “look-back” basis;
3. Ensuring that our CUA can be used on projects utilizing federal historic tax credits (and does not cause a
“disqualifying lease” situation) – review proposed language from another attorney who did some FHTC training for
us, and generate an opinion or propose alternate language [also: do we now need to also factor in the State
Historic Tax Credits?];
4. Identify changes that can be made to (amend? replace?) the indenture to permit broader definition of cultural
facilities and to simplify the requirements on project sponsors - particularly small projects; and
5. Review and approve proposed minor changes to the tax covenant language in CUA and the certification letter
submitted annually by project sponsor (to clarify language and tie defined terms back to the definitions in the
CUA).
As mentioned in our phone conversation, we are working on item #1 above in order to be prepared to include NURFC on
the Commission’s next agenda. The project sponsor needs to get buy-in from their bankers as soon as possible.
Please provide a status as soon as feasible. Please call if you need anything or have questions.
Thanks,
Dave
David P. Wartel
Assistant Director / Chief Operating Officer
Telephone: 614-728-3328
Fax: 614-752-2775
e-mail: dwartel@culture.ohio.gov
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.
699
700
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Cc: Barbara Witt
Subject: RE: real estate taxes
The escrow language I forwarded to Steve specifically calls for “…taxes and assessments…” so I think we are covered.
From: Kathy Fox

To: Tony Capaci
Cc: Barbara Witt
Subject: RE: real estate taxes
They must be speaking about an “assessment” not a property tax. It is true that “assessments” must be paid no matter
the purpose to which the property is put. Taxes are another matter.
From: Tony Capaci

Subject: FW: real estate taxes

To: Tony Capaci
Cc: Barbara Witt
Subject: Re: real estate taxes
Tony,
We,too, believe we should be exempt. However, after much debate and looking into this very closely, it's not possible to
change. The tax is a downtown Cincinnati tax assessed on ALL property in a specific zone (one we're in). Net, we can
challenge the Constitutionality of the tax, but that's it.
Gary

cc "Barbara Witt" <bwitt@culture.ohio.gov>
11/20/2007 08:34 AM
Subject real estate taxes
Gary,
701
We believe you should be exempt from paying real estate taxes. Could you share with me the history behind the decision
to pay them. Also, did you receive the legal documents?
Thanks,
Tony
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
702
Kathy Fox
From: Mandy Agler
To: Kathy Fox
Subject: FW: Yellow sheets for notebook

Categories: Red Category
So you don’t have to hunt for it, here’s the email I sent last week.
-Mandy
From: Mandy Agler

To: OCFC
Subject: Yellow sheets for notebook
So that everyone is in the know, these are all the known ‘issues’ in the notebooks which will receive yellow slip sheets on
meeting day:
AGENDA- FINAL
TAB 3- Karamu House – Insertion to Exhibit C of PASR
TAB 9 – The Works – Page 1 of Resolution
TAB 10- Wood County – added financial statement (to be called ‘Exhibit A1’ of PASR)
TAB 11- NURFC – new version of resolution
TAB 16 – Records – Exhibits A and B to the resolution
Mandy
Mandy Agler
Operations Coordinator
Telephone: 614-752-2770
Fax: 614-752-2775
e-mail: magler@culture.ohio.gov
703
Kathy Fox
From: Tony Capaci
To: Kathy Fox
Subject: RE: NURFC outcomes
Hi Kathy,
Thank‐you for the press release on NURFC visitor enhancement. I found it interesting the
press release describes Pepper's stated goals and provides some details on the means to
achieve those goals. While it was written in March of '06', I think it indicates Pepper is
or was working off a plan. In either case they sure do speak directly to the issue of
sustainability and visitorship. Some of the information may make for good PASR background,
thanks again.
TC

From: Kathy Fox
To: Tony Capaci
Subject: RE: NURFC outcomes

Thanks Tony.
‐K

To: "Kathy Fox" <KFox@culture.ohio.gov>; "Dave Wartel" <dwartel@culture.ohio.gov>
Sent: 8/6/07 5:23 PM
Subject: NURFC outcomes

HI Kathy, Dave,

Attached is outcomes for our NURFC meeting on pledges.

Thanks,

TC

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
711
www.culture.ohio.gov <http://www.culture.ohio.gov/> or call (614) 752‐2770 for more

712
Kathy Fox
From: Tony Capaci
To: Kathy Fox; Dave Wartel
Subject: NURFC outcomes
Attachments: Outcomes 8-06-07 pledge recievable.doc
HI Kathy, Dave,
Attached is outcomes for our NURFC meeting on pledges.
Thanks,
TC
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
713
Kathy Fox
From: Kathy Fox
To: Tony Capaci
Subject: RE: Outcome of NURFC punchlist meeting 8/01/07
Tony,
Thanks for writing up the outcomes. These will be helpful. The one thing missing is the timeframes when each item is to
occur, which is essential for everyone to be able to plan their work. I use such information in order to put reminders on my
calendar for things I am responsible for, and I think it would help others to have timing info as well.
Thanks,
Kathy
From: Tony Capaci

To: Kathy Fox; Dave Wartel; LeeAnne Woods
Subject: Outcome of NURFC punchlist meeting 8/01/07
Outcomes for NURFC Punchlist Memo Meeting; 8/01/07

Facilitator: Tony Capaci
Scribe : Tony Capaci
Attendees; Kathy Fox, Dave Wartel, LeeAnne Woods, Tony Capaci
Decision/Action: Edits to Draft Memo

LW to incorporate edits into memo
Decision/Action: Proofreading
Jessica to proofread draft for readability
TC to request Jessica slot time to proofread today
TC to get Jessica a copy of letter
Decision/Action: Copies of Letter

Don Murphy and Gary Doudell to get copied on letter
Final version to include a copy to Don and Gary
Decision/Action: Governor’s office to be included in loop

KF to get blind copy of letter and to prepare cover letter for Governor’s office
Decision/Action: Representative Yates to get blind copy

TC to request Jessica prepare cover letter to Rep Yates with blind copy
Tony Capaci
Project Manager
Telephone: 614-728-6924
Fax: 614-752-2775
714
715
Kathy Fox
From: Jessica Fagan
Sent: Wednesday, July 25, 2007 8:41 AM
To: Tony Capaci; LeeAnne Woods
Cc: Kathy Fox
Subject: NURFC
Tony and LeeAnne,
Kathy received a call from Rep. Yates yesterday afternoon to check in on our progress with NURFC, and she updated him
on the most recent meeting. He urged us to stay on top of them with regard to the timeliness of their reporting
requirements. Kathy indicated that anytime they miss a deadline, we need to have a letter in the mail to them – this will
provide us with documentation if we need it, in addition to reminding them that we have not forgotten about the
information they need to provide.
Since NURFC is supposedly undertaking a top-to-bottom review of the museum, operations, exhibits, visitorship, etc.
Kathy indicated that we need to ask for written descriptions, drawings, timelines, budgets, etc.
Kathy – please feel free to add anything I may have forgotten about the information we should try to collect from NURFC.
Thanks,
Jessica
716
Kathy Fox
From: LeeAnne Woods
Sent: Friday, June 01, 2007 7:40 AM
To: Kathy Fox; Dave Wartel; Jessica Fagan
Subject: Follow-up article/NURFC
As a follow-up to the article I sent yesterday. The Cincinnati City Council voted to give NURFC $800,000.
http://news.enquirer.com/apps/pbcs.dll/article?AID=/20070601/NEWS01/706010399/1056/COL02
LeeAnne Woods
Project Analyst
Telephone: 614-752-2774
Fax: 614-752-2775
e-mail: lwoods@culture.ohio.gov
717
Kathy Fox
From: LeeAnne Woods
Sent: Thursday, May 31, 2007 9:36 AM
To: Jessica Fagan; Kathy Fox; Dave Wartel; Tony Capaci
Subject: NURFC Article
http://news.enquirer.com/apps/pbcs.dll/article?AID=/20070530/NEWS01/705300400/1056/COL02
Article from the Cincinnati Enquirer re: NURFC finances and city funding
LeeAnne Woods
Project Analyst
Telephone: 614-752-2774
Fax: 614-752-2775
e-mail: lwoods@culture.ohio.gov
718

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Kathy Fox

Follow Up Flag: Follow up

Start: Thu 1/6/2011 3:00 PM

Meeting Status: Accepted

Organizer: Craig A. Marshall/SOhioKentuckyIndiana/AUDIT/EYLLP/US

York, NY 10036. Thank you. Ernst & Young LLP

Thanks and Happy New Year to you too!

From: "Kathy Fox" <KFox@culture.ohio.gov>

visit our website: www.culture.ohio.gov

From: "Kathy Fox" <KFox@culture.ohio.gov>

Kathleen M. Fox, FASLA

From: jepepjr@aol.com [mailto:jepepjr@aol.com]

visit our website: www.culture.ohio.gov

From: "Kathy Fox" <KFox@culture.ohio.gov>

Start: Mon 1/3/2011 11:00 AM

Meeting Status: Accepted

Organizer: Michelle Chippas

From: "Kathy Fox" [KFox@culture.ohio.gov]

Thanks, and Happy New Year!

Kathleen M. Fox, FASLA

From: jepepjr@aol.com [mailto:jepepjr@aol.com]

visit our website: www.culture.ohio.gov

visit our website: www.culture.ohio.gov

From: jepepjr@aol.com [mailto:jepepjr@aol.com]

(Dictated but not read by John Pepper)

From: Kathy Fox

visit our website: www.culture.ohio.gov

Do not retain a copy. Thank you.

From: Kathy Fox [mailto:KFox@culture.ohio.gov]

visit our website: www.culture.ohio.gov

visit our website: www.culture.ohio.gov

visit our website: www.culture.ohio.gov

visit our website: www.culture.ohio.gov

Do not retain a copy. Thank you.

From: Kathy Fox [mailto:KFox@culture.ohio.gov]

visit our website: www.culture.ohio.gov

(Dictated but not read by John Pepper)

Do not retain a copy. Thank you.

From: Kathy Fox [mailto:KFox@culture.ohio.gov]

visit our website: www.culture.ohio.gov

(Dictated but not read by John Pepper)

visit our website: www.culture.ohio.gov

(Dictated but not read by John Pepper)

visit our website: www.culture.ohio.gov

Have a good holiday.

Have a Meery Christmas and a very prosperous New Year.

On Dec 22, 2010, at 14:54, "Kathy Fox" <KFox@culture.ohio.gov> wrote:

Kathleen M. Fox, FASLA

From: jepepjr@aol.com [mailto:jepepjr@aol.com]

Follow Up Flag: Follow up

Have a good holiday.

Have a Meery Christmas and a very prosperous New Year.

On Dec 22, 2010, at 14:54, "Kathy Fox" <KFox@culture.ohio.gov> wrote:

Kathleen M. Fox, FASLA

visit our website: www.culture.ohio.gov

From: jepepjr@aol.com [mailto:jepepjr@aol.com]

visit our website: www.culture.ohio.gov

Have a Meery Christmas and a very prosperous New Year.

On Dec 22, 2010, at 14:54, "Kathy Fox" <KFox@culture.ohio.gov> wrote:

Kathleen M. Fox, FASLA

Ohio Cultural Facilities Commission

100 E. Broad Street, Suite 300