Post on 08-Apr-2018
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Kathy Fox
From: Tony CapaciSent: Tuesday, January 04, 2011 9:13 AMTo: Kathy FoxCc: Chris Bruner; National Underground Railroad Freedom Center (594@ocfcsp.oasfc.local)Subject: FW: NURFC -- Staff adjusted cash flow RE: NURFC follow up documentsAttachments: 2011 Cash Flow Projection for OCFC based on 12-10 BOD Budget w staff adjustments in
blue.xlsx
Follow Up Flag: Follow upFlag Status: Flagged
Kathy,
AttachedisarevisedNURFCcashflowforFYE2011andBODapprovedbudget. Thecashflowaspresentedbythe
FreedomCenterincludesthereleaseoftheescrow. Christhenaddedasectionwhichtakestheescrowoutperour
recommendationandrecalculatedthenumbers.
WouldyoulikemetosendthistoCraigandOtto?
Letmeknow
Thanks,
From: Chris Bruner
Sent: Tuesday, January 04, 2011 9:02 AMTo: Tony CapaciSubject: FW: NURFC -- Staff adjusted cash flow RE: NURFC follow up documents
Tony:
AttachedisanupdatedspreadsheetinwhichtheOCFCescrowisnotreturnedtotheSponsor. Also,Ihaveshownthe
netmonthlycashflowanddoublecheckedtheSponsorscalculations.
Note: Allofmyadjustmentsaremadeinthebluecoloredsectionatthebottomofthesheet.
Thanks,
CB
ChrisBrunerFinancialAnalystOhioCulturalFacilitiesCommission
100E.BroadStreet,Suite300
Columbus,OH 432153661
Office:(614)7522774
Email: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, overseescapital improvement funds appropriated by the Ohio General Assembly and Governor for community cultural facility projects including non-profittheaters, museums, historical sites and publicly owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770for more information on the Commission or to learn how we can assist your cultural facility project.
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From: Chris Bruner
Sent: Tuesday, January 04, 2011 8:53 AMTo: Tony CapaciSubject: NURFC -- Staff adjusted cash flow RE: NURFC follow up documents
Tony:
AttachedisanupdatedspreadsheetinwhichtheOCFCescrowisnotreturnedtotheSponsor. Also,Ihaveshownthe
net
monthly
cash
flow
and
double
checked
the
Sponsors
calculations.
Thanks,
CB
ChrisBrunerFinancialAnalystOhioCulturalFacilitiesCommission
100E.BroadStreet,Suite300
Columbus,OH 432153661
Office:(614)7522774
Email: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, overseescapital improvement funds appropriated by the Ohio General Assembly and Governor for community cultural facility projects including non-profittheaters, museums, historical sites and publicly owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770for more information on the Commission or to learn how we can assist your cultural facility project.
From: Tony Capaci
Sent: Tuesday, January 04, 2011 8:37 AMTo: Chris BrunerSubject: FW: NURFC follow up documents
From: BReece@nurfc.org [mailto:BReece@nurfc.org]
Sent: Monday, January 03, 2011 5:41 PMTo: Tony Capaci
Cc : DMurphy@nurfc.orgSubject: 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 flowstatement tomorrow that includes a projection for 2012 without Federalization.
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Thank you,
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Kathy Fox
From: Margie.Gertner@ey.comSent: Monday, January 03, 2011 4:34 PMTo: Kathy FoxSubject: 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!
MargieMarjorie S. Gertner | Columbus Location Manager and Exec. Asst. to Managing Partner Enterprise Support ServicesErnst & Young LLP1100 Huntington Center, 41 S. High Street, Columbus, Ohio 43215, United States of AmericaDirect: +1 614 232 7140 | Fax: +1-866-281-8696 | margie.gertner@ey.comEY/Comm: 2565488
Website: www.ey.com
Thank you for considering the environmental impact of printing emails.
From: "Kathy Fox" To: Date: 01/03/2011 02:25 PMSubject: RE: More on NURFC
Margie,Yes,3PMonThursday1/6isgreat.WhatnumbershouldIcall?
Hopeyouhadgoodholidays.
ThanksandHappyNewYear,
Kathy
Kathleen M. Fox, FASLAExecutive DirectorOhio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, 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 capitalimprovement 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
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Commission or to learn how we can assist your cultural facility project.
From: Margie.Gertner@ey.com [mailto:Margie.Gertner@ey.com]Sent: Monday, January 03, 2011 2:22 PM
To: Kathy FoxSubject: 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.
MargieMarjorie S. Gertner | Columbus Location Manager and Exec. Asst. to Managing Partner Enterprise Support ServicesErnst & Young LLP1100 Huntington Center, 41 S. High Street, Columbus, Ohio 43215, United States of AmericaDirect: +1 614 232 7140 | Fax: +1-866-281-8696 | margie.gertner@ey.comEY/Comm: 2565488
Website: www.ey.com
Thank you for considering the environmental impact of printing emails.
From: "Kathy Fox" To: Cc: Date: 12/30/2010 07:38 PMSubject: More on NURFC
Craig,Sorrytobotheryouonyourvacation. Iwantedyoutoseethemessage,below,fromJohnPepper(Proctor&GambleCEOemeritus
andchairmanoftheNationalUndergroundFreedomCenterboard).
MargieGertnersaidshesentwithyouonyourtripacopyofourdraftstaffreportontheFreedomCenter. Thedraftstaffreport
containsthestaffrecommendationaboutreleasingan$850KappropriationONLYifitisfullyguaranteed,ifwecontinuetoholda
$460Kescrow,andiftheFreedomCenterprovidesa fallbackbusinessplanshowinghowtheywouldcontinuetooperateif
federalizationdoesntoccur. InthemessagebelowMr.Pepperisexpressinghisopinionaboutwhythe$460Kescrowshouldbe
releasedinadditiontothe$850Kappropriation(withaguarantyheiswillingtomake). Iamhopingtohaveanopportunitytotalk
withyounextweektogetyourreadonthestaffrecommendationsandalsoonMr.Peppersrequestthattheescrowbereturnedto
theFreedomCenter.
IammeetingwithChairmanBudigthesecondweekinJanuarytosettheagendaforourFebruary8Commissionmeeting. Your
feedbackregardingthedraftstaffrecommendationsonthe FreedomCenterwouldbeveryhelpful.
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ImccingMargieonthisemailsothatwemightbeabletoidentifyatimeonyourcalendarforabrieftelephonecall(1015min.)on
thissubjectinearlyJanuary. Thekeyquestionsrelatetothestaffrecommendationsandwhetheryouagreewiththem,seeroom
forimprovement,oridentifypointsweneedtoresearchfurther.
Thanks,andHappyNewYear!
Kathy
Kathleen M. Fox, FASLAExecutive DirectorOhio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, OH 43215-3661
Vox: 614.752.2770Cell: 614-738-3553Fax: 614-752-2775e-mail: kfox@culture.ohio.gov
kfox@post.harvard.edu
From: jepepjr@aol.com [mailto:jepepjr@aol.com]Sent: Thursday, December 30, 2010 11:23 AM
To: Kathy FoxCc : dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.comSubject: 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 Ill goahead to sign the papers as you have given them to me.
I hope now that, as the office re-opens, well be able to come to grips with the issue of my being able to alsoguarantee 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 tothe point in time where we hope and expect Federalization funds to be available. Don will be separatelysending you the back-up business plan that youve requested in the event Federalization does not take place. Tobe 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
Any U.S. tax advice contained in the body of this e-mail was not intended or written to beused, and cannot be used, by the recipient for the purpose of avoiding penalties that may beimposed under the Internal Revenue Code or applicable state or local tax law provisions. ________________________________________________________________________The information contained in this message may be privileged and confidential and protected from disclosure. If the readerof this message is not the intended recipient, or an employee or agent responsible for delivering this message to theintended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly
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prohibited. If you have received this communication in error, please notify us immediately by replying to the message anddeleting it from your computer.
Notice required by law: This e-mail may constitute an advertisement or solicitation under U.S. law, if its primary purpose isto advertise or promote a commercial product or service. You may choose not to receive advertising and promotionalmessages from Ernst & Young LLP (except for Ernst & Young Online and the ey.com website, which track e-mailpreferences through a separate process) at this e-mail address by forwarding this message to no-more-mail@ey.com. Ifyou do so, the sender of this message will be notified promptly. Our principal postal address is 5 Times Square, NewYork, NY 10036. Thank you. Ernst & Young LLP
Any U.S. tax advice contained in the body of this e-mail was not intended or written to beused, and cannot be used, by the recipient for the purpose of avoiding penalties that may beimposed under the Internal Revenue Code or applicable state or local tax law provisions. ________________________________________________________________________The information contained in this message may be privileged and confidential and protected from disclosure. If the readerof this message is not the intended recipient, or an employee or agent responsible for delivering this message to theintended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictlyprohibited. If you have received this communication in error, please notify us immediately by replying to the message anddeleting it from your computer.
Notice required by law: This e-mail may constitute an advertisement or solicitation under U.S. law, if its primary purpose is
to advertise or promote a commercial product or service. You may choose not to receive advertising and promotionalmessages from Ernst & Young LLP (except for Ernst & Young Online and the ey.com website, which track e-mailpreferences through a separate process) at this e-mail address by forwarding this message to no-more-mail@ey.com. Ifyou do so, the sender of this message will be notified promptly. Our principal postal address is 5 Times Square, NewYork, NY 10036. Thank you. Ernst & Young LLP
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Kathy Fox
From: Kathy FoxSent: Monday, January 03, 2011 2:22 PMTo: 'Margie.Gertner@ey.com'Subject: RE: More on NURFC
Margie,
Yes,3PMonThursday1/6isgreat. WhatnumbershouldIcall?
Hopeyouhadgoodholidays.
ThanksandHappyNewYear,
Kathy
Kathleen M. Fox, FASLAExecutive DirectorOhio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, 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, overseescapital improvement funds appropriated by the Ohio General Assembly and Governor for community cultural facility projects including non-profittheaters, museums, historical sites and publicly owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770for more information on the Commission or to learn how we can assist your cultural facility project.
From: Margie.Gertner@ey.com [mailto:Margie.Gertner@ey.com]
Sent: Monday, January 03, 2011 2:22 PMTo: Kathy FoxSubject: 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
Marjorie S. Gertner | Columbus Location Manager and Exec. Asst. to Managing Partner Enterprise Support ServicesErnst & Young LLP1100 Huntington Center, 41 S. High Street, Columbus, Ohio 43215, United States of AmericaDirect: +1 614 232 7140 | Fax: +1-866-281-8696 | margie.gertner@ey.comEY/Comm: 2565488
Website: www.ey.com
Thank you for considering the environmental impact of printing emails.
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From: "Kathy Fox" To: Cc: Date: 12/30/2010 07:38 PMSubject: More on NURFC
Craig,Sorrytobotheryouonyourvacation. Iwantedyoutoseethemessage,below,fromJohnPepper(Proctor&GambleCEOemeritus
andchairmanoftheNationalUndergroundFreedomCenterboard).
MargieGertnersaidshesentwithyouonyourtripacopyofourdraftstaffreportontheFreedomCenter. Thedraftstaffreport
containsthestaffrecommendationaboutreleasingan$850KappropriationONLYifitisfullyguaranteed,ifwecontinuetoholda
$460Kescrow,andiftheFreedomCenterprovidesa fallbackbusinessplanshowinghowtheywouldcontinuetooperateif
federalizationdoesntoccur. InthemessagebelowMr.Pepperisexpressinghisopinionaboutwhythe$460Kescrowshouldbe
releasedinadditiontothe$850Kappropriation(withaguarantyheiswillingtomake). Iamhopingtohaveanopportunitytotalk
withyounextweektogetyourreadonthestaffrecommendationsandalsoonMr.Peppersrequestthattheescrowbereturnedto
theFreedomCenter.
IammeetingwithChairmanBudigthesecondweekinJanuarytosettheagendaforourFebruary8Commissionmeeting. Your
feedbackregardingthedraftstaffrecommendationsonthe FreedomCenterwouldbeveryhelpful.
ImccingMargieonthisemailsothatwemightbeabletoidentifyatimeonyourcalendarforabrieftelephonecall(1015min.)on
thissubjectinearlyJanuary. Thekeyquestionsrelatetothestaffrecommendationsandwhetheryouagreewiththem,seeroom
forimprovement,oridentifypointsweneedtoresearchfurther.
Thanks,andHappyNewYear!
Kathy
Kathleen M. Fox, FASLAExecutive DirectorOhio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, OH 43215-3661
Vox: 614.752.2770Cell: 614-738-3553Fax: 614-752-2775e-mail: kfox@culture.ohio.gov
kfox@post.harvard.edu
From: jepepjr@aol.com [mailto:jepepjr@aol.com]Sent: Thursday, December 30, 2010 11:23 AMTo: Kathy Fox
Cc : dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.comSubject: 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 Ill goahead to sign the papers as you have given them to me.
I hope now that, as the office re-opens, well be able to come to grips with the issue of my being able to alsoguarantee the other $450,000. My guarantee on this will be total, and it will be on the same terms that apply to
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the $850,000 and, to repeat, the availability of these funds as crucial to giving us the running room to get tothe point in time where we hope and expect Federalization funds to be available. Don will be separatelysending you the back-up business plan that youve requested in the event Federalization does not take place. Tobe 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
Any U.S. tax advice contained in the body of this e-mail was not intended or written to beused, and cannot be used, by the recipient for the purpose of avoiding penalties that may beimposed under the Internal Revenue Code or applicable state or local tax law provisions. ________________________________________________________________________The information contained in this message may be privileged and confidential and protected from disclosure. If the readerof this message is not the intended recipient, or an employee or agent responsible for delivering this message to theintended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictlyprohibited. If you have received this communication in error, please notify us immediately by replying to the message anddeleting it from your computer.
Notice required by law: This e-mail may constitute an advertisement or solicitation under U.S. law, if its primary purpose isto advertise or promote a commercial product or service. You may choose not to receive advertising and promotionalmessages from Ernst & Young LLP (except for Ernst & Young Online and the ey.com website, which track e-mailpreferences through a separate process) at this e-mail address by forwarding this message to no-more-mail@ey.com. Ifyou do so, the sender of this message will be notified promptly. Our principal postal address is 5 Times Square, NewYork, NY 10036. Thank you. Ernst & Young LLP
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Kathy Fox
From: Margie.Gertner@ey.comSent: Monday, January 03, 2011 2:22 PMTo: Kathy FoxSubject: 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.
MargieMarjorie S. Gertner | Columbus Location Manager and Exec. Asst. to Managing Partner Enterprise Support ServicesErnst & Young LLP1100 Huntington Center, 41 S. High Street, Columbus, Ohio 43215, United States of AmericaDirect: +1 614 232 7140 | Fax: +1-866-281-8696 | margie.gertner@ey.comEY/Comm: 2565488
Website: www.ey.com
Thank you for considering the environmental impact of printing emails.
From: "Kathy Fox" To: Cc: Date: 12/30/2010 07:38 PMSubject: More on NURFC
Craig,Sorrytobotheryouonyourvacation. Iwantedyoutoseethemessage,below,fromJohnPepper(Proctor&GambleCEOemeritus
andchairmanoftheNationalUndergroundFreedomCenterboard).
MargieGertnersaidshesentwithyouonyourtripacopyofourdraftstaffreportontheFreedomCenter. Thedraftstaffreport
containsthestaffrecommendationaboutreleasingan$850KappropriationONLYifitisfullyguaranteed,ifwecontinuetoholda
$460Kescrow,andiftheFreedomCenterprovidesa fallbackbusinessplanshowinghowtheywouldcontinuetooperateif
federalizationdoesntoccur. InthemessagebelowMr.Pepperisexpressinghisopinionaboutwhythe$460Kescrowshouldbe
releasedinadditiontothe$850Kappropriation(withaguarantyheiswillingtomake). Iamhopingtohaveanopportunitytotalk
withyounextweektogetyourreadonthestaffrecommendationsandalsoonMr.Peppersrequestthattheescrowbereturnedto
theFreedomCenter.
IammeetingwithChairmanBudigthesecondweekinJanuarytosettheagendaforourFebruary8Commissionmeeting. Your
feedbackregardingthedraftstaffrecommendationsonthe FreedomCenterwouldbeveryhelpful.
ImccingMargieonthisemailsothatwemightbeabletoidentifyatimeonyourcalendarforabrieftelephonecall(1015min.)on
thissubjectinearlyJanuary. Thekeyquestionsrelatetothestaffrecommendationsandwhetheryouagreewiththem,seeroom
forimprovement,oridentifypointsweneedtoresearchfurther.
8/7/2019 11-kfox records request output - Freedom Center keyword
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Thanks,andHappyNewYear!
Kathy
Kathleen M. Fox, FASLAExecutive DirectorOhio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, OH 43215-3661
Vox: 614.752.2770Cell: 614-738-3553Fax: 614-752-2775e-mail: kfox@culture.ohio.gov
kfox@post.harvard.edu
From: jepepjr@aol.com [mailto:jepepjr@aol.com]Sent: Thursday, December 30, 2010 11:23 AMTo: Kathy FoxCc : dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.comSubject: 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 Ill goahead to sign the papers as you have given them to me.
I hope now that, as the office re-opens, well be able to come to grips with the issue of my being able to alsoguarantee the other $450,000. My guarantee on this will be total, and it will be on the same terms that apply tothe $850,000 and, to repeat, the availability of these funds as crucial to giving us the running room to get tothe point in time where we hope and expect Federalization funds to be available. Don will be separatelysending you the back-up business plan that youve requested in the event Federalization does not take place. Tobe 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
Any U.S. tax advice contained in the body of this e-mail was not intended or written to beused, and cannot be used, by the recipient for the purpose of avoiding penalties that may be
imposed under the Internal Revenue Code or applicable state or local tax law provisions. ________________________________________________________________________The information contained in this message may be privileged and confidential and protected from disclosure. If the readerof this message is not the intended recipient, or an employee or agent responsible for delivering this message to theintended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictlyprohibited. If you have received this communication in error, please notify us immediately by replying to the message anddeleting it from your computer.
Notice required by law: This e-mail may constitute an advertisement or solicitation under U.S. law, if its primary purpose isto advertise or promote a commercial product or service. You may choose not to receive advertising and promotionalmessages from Ernst & Young LLP (except for Ernst & Young Online and the ey.com website, which track e-mail
8/7/2019 11-kfox records request output - Freedom Center keyword
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13
preferences through a separate process) at this e-mail address by forwarding this message to no-more-mail@ey.com. Ifyou do so, the sender of this message will be notified promptly. Our principal postal address is 5 Times Square, NewYork, NY 10036. Thank you. Ernst & Young LLP
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Kathy Fox
From: CRAIG.MARSHALL@ey.comSent: Friday, December 31, 2010 12:14 PMTo: Kathy FoxSubject: Re: More on NURFC
I will look at. Look forward to catching up. Happy New Year-----------------Craig A. MarshallErnst & YoungColumbus 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 ESTTo: Craig Marshall
Cc: Margie GertnerSubject: 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. Thedraft staff report contains the staff recommendation about releasing an $850K appropriation ONLY if it is fullyguaranteed, if we continue to hold a $460K escrow, and if the Freedom Center provides a fallback businessplan showing how they would continue to operate if federalization doesnt occur. In the message below Mr.Pepper is expressing his opinion about why the $460K escrow should be released in addition to the $850Kappropriation (with a guaranty he is willing to make). I am hoping to have an opportunity to talk with you nextweek to get your read on the staff recommendations and also on Mr. Peppers request that the escrow bereturned to the Freedom Center.
I am meeting with Chairman Budig the second week in January to set the agenda for our February 8Commission meeting. Your feedback regarding the draft staff recommendations on the Freedom Center wouldbe very helpful.
Im ccing Margie on this email so that we might be able to identify a time on your calendar for a brieftelephone call (10-15 min.) on this subject in early January. The key questions relate to the staffrecommendations and whether you agree with them, see room for improvement, or identify points we need toresearch further.
Thanks, and Happy New Year!
Kathy
Kathleen M. Fox, FASLAExecutive Director
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Ohio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, OH 43215-3661
Vox: 614.752.2770Cell: 614-738-3553Fax: 614-752-2775
e-mail: kfox@culture.ohio.govkfox@post.harvard.edu
From: jepepjr@aol.com [mailto:jepepjr@aol.com]Sent: Thursday, December 30, 2010 11:23 AMTo: Kathy FoxCc: dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.comSubject: 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 Ill goahead to sign the papers as you have given them to me.
I hope now that, as the office re-opens, well be able to come to grips with the issue of my being able to alsoguarantee the other $450,000. My guarantee on this will be total, and it will be on the same terms that apply tothe $850,000 and, to repeat, the availability of these funds as crucial to giving us the running room to get tothe point in time where we hope and expect Federalization funds to be available. Don will be separatelysending you the back-up business plan that youve requested in the event Federalization does not take place. Tobe 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
Any U.S. tax advice contained in the body of this e-mail was not intended or written to be
used, and cannot be used, by the recipient for the purpose of avoiding penalties that may beimposed under the Internal Revenue Code or applicable state or local tax law provisions. ________________________________________________________________________The information contained in this message may be privileged and confidential and protected from disclosure. If the readerof this message is not the intended recipient, or an employee or agent responsible for delivering this message to theintended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictlyprohibited. If you have received this communication in error, please notify us immediately by replying to the message anddeleting it from your computer.
Notice required by law: This e-mail may constitute an advertisement or solicitation under U.S. law, if its primary purpose isto advertise or promote a commercial product or service. You may choose not to receive advertising and promotional
8/7/2019 11-kfox records request output - Freedom Center keyword
16/477
22
messages from Ernst & Young LLP (except for Ernst & Young Online and the ey.com website, which track e-mailpreferences through a separate process) at this e-mail address by forwarding this message to no-more-mail@ey.com. Ifyou do so, the sender of this message will be notified promptly. Our principal postal address is 5 Times Square, NewYork, NY 10036. Thank you. Ernst & Young LLP
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Kathy Fox
From: Kathy FoxSent: Friday, December 31, 2010 10:54 AMTo: Kathy FoxSubject: Synchronization Log:
Importance: High
10:53:12 Synchronizer Version 12.0.654810:53:12 Synchronizing Mailbox 'Kathy Fox'10:53:12 Synchronizing Hierarchy10:53:13 Synchronizing server changes in folder 'Calendar'10:53:13 Downloading from server 'ocfcmain.oasfc.local'10:53:13 Synchronizing server changes in folder 'Inbox'10:53:13 Downloading from server 'ocfcmain.oasfc.local'10:53:15 4 item(s) added to offline folder10:53:15 Synchronizing local changes in folder 'Contacts'10:53:15 Uploading to server 'ocfcmain.oasfc.local'10:53:15 1 item(s) added to online folder10:53:15 Downloading from server 'ocfcmain.oasfc.local'10:53:15 Synchronizing local changes in folder 'Drafts'
10:53:15 Uploading to server 'ocfcmain.oasfc.local'10:53:15 1 item(s) deleted in online folder10:53:15 Downloading from server 'ocfcmain.oasfc.local'10:53:16 Synchronizing server changes in folder 'Tracking Receipts'10:53:16 Downloading from server 'ocfcmain.oasfc.local'10:53:17 Synchronizing server changes in folder 'Budig, Otto, Jr.'10:53:17 Downloading from server 'ocfcmain.oasfc.local'10:53:18 Synchronizing server changes in folder 'Freedom Center'10:53:18 Downloading from server 'ocfcmain.oasfc.local'10:53:18 2 item(s) changed read-state in offline folder10:53:18 Synchronizing server changes in folder 'Marshall, Craig'10:53:18 Downloading from server 'ocfcmain.oasfc.local'10:53:19 1 item(s) changed read-state in offline folder10:53:20 Synchronizing server changes in folder 'Arena/Marina District Toledo'10:53:20 Downloading from server 'ocfcmain.oasfc.local'
10:53:34 Synchronizing server changes in folder 'Sent Items'10:53:34 Downloading from server 'ocfcmain.oasfc.local'10:53:35 Synchronizing server changes in folder 'Deleted Items'10:53:35 Downloading from server 'ocfcmain.oasfc.local'10:53:36 Error synchronizing folder10:53:36 [80040119-501-0-5C0]10:53:36 The client operation failed.10:53:36 Microsoft Exchange Information Store10:53:36 For more information on this failure, click the URL below:10:53:36 http://www.microsoft.com/support/prodredirect/outlook2000_us.asp?err=80040119-501-0-5c010:53:36 Done10:53:36 Microsoft Exchange offline address book10:53:36 Download successful
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Kathy Fox
From: Kathy FoxSent: Thursday, December 30, 2010 8:23 PMTo: 'obudig@parsecinc.com'Subject: More on Freedom Center 12/30/10
Dear
Otto:
FYI,pleaseseetheemailthreadbelowforthelatestcorrespondencewithJohnPepperregardingtheFreedomCenter.
Thanks,
Kathy
Kathleen M. Fox, FASLAExecutive DirectorOhio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, 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
From: Kathy FoxSent: Thursday, December 30, 2010 8:09 PMTo: 'jepepjr@aol.com'Cc : dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.com; Chris Bruner; Tony Capaci; Amy Rice; NationalUnderground Railroad Freedom Center (594@ocfcsp.oasfc.local)Subject: RE: Your note to Jeff Rohr.....
John,
Thankyouforyournoteregardingtheguaranty.Welllookforwardtoreceivingthedocuments.
Regardingyourrequestforreleaseoftheescrowfundsinadditiontothe$850Kappropriation,thisissueisunderreview
bytheCommissionsTreasurerashereviewsourdraftstaffreportontheFreedomCenter. OurTreasurerisan
uncompensatedCommissionMember;heisonafamilytripovertheholidays,onethatIamcertainiswelldeserved
givenhismanybusinessandcivicresponsibilities. Weexpecttoreceivehisfeedbacknextweekandwewillbebackin
touchwithyouafterthat. Inthemeantime,wewilllookforwardtoreceivingthebackupbusinessplanfromDonand
updatedcashflowprojectionsfromBen. Ourstaffwillbeginitsreviewimmediatelyuponreceipt,aswehavedonewith
allpriorinformation.
Thankyouagainforyournote.
Withmyverybestwishesforthenewyear,
Kathy
Kathleen M. Fox, FASLAExecutive DirectorOhio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, OH 43215-3661
Vox: 614.752.2770Fax: 614-752-2775e-mail: kfox@culture.ohio.gov
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kfox@post.harvard.edu
visit our website: www.culture.ohio.gov
From: jepepjr@aol.com [mailto:jepepjr@aol.com]Sent: Tuesday, December 28, 2010 12:11 PM
To: Kathy FoxCc : jepepjr@aol.comSubject: Contractual Papers....
(Dictated but not read by John Pepper)-------------------------
Dear Kathy,
I just want you to know that Ill be getting the contractual papers you sent me back to the appropriate officeearly the week of January 10. Ill mail out the week prior to that. My lawyer has raised one, I think relativelyminor, question with your staff.
Im assuming youll let Tom and Ben know if there are any missing pieces as far as youre 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 havemy earlier e-mail. My wife and I will guarantee that. Given that, I dont 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 beavailable.
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
From: jepepjr@aol.com [mailto:jepepjr@aol.com]Sent: Thursday, December 30, 2010 11:23 AMTo: Kathy FoxCc : dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.comSubject: 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 Ill goahead to sign the papers as you have given them to me.
I hope now that, as the office re-opens, well be able to come to grips with the issue of my being able to alsoguarantee the other $450,000. My guarantee on this will be total, and it will be on the same terms that apply tothe $850,000 and, to repeat, the availability of these funds as crucial to giving us the running room to get tothe point in time where we hope and expect Federalization funds to be available. Don will be separatelysending you the back-up business plan that youve requested in the event Federalization does not take place. Tobe 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.
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John E. Pepper
From: Kathy FoxSent: Wednesday, December 29, 2010 6:52 AMTo: Rohr, Jeffrey L.; jepepjr@aol.comCc : Tony Capaci; Chris Bruner; 594@ocfcsp.oasfc.local; dmurphy@nurfc.org; Donald's Yahoo; BReece@nurfc.org; Amy
RiceSubject: RE: Contractual Papers....
Jeff,
ThankyouforforwardingtomeyouremailfromMonday. Sinceyouroriginalemailwenttoastaffmemberandour
officeisclosedthisweekformandatoryCostSavingsfurloughdays,Ihadnootherwayofobtainingacopyofyouremail
thisweek;Itwashelpfulthatyouwereabletoforwardittome.
IsentyourcommentstoourlegalcounselonTuesday. Heinformsmethatthelanguagechangesyousuggestedforthe
guarantydocumentwouldaltertheCommissionsabilitytocollecttimely,shouldtheguarantyneedtobecalledin. He
alsonotesthatthecontractlanguageforwhichchangesarenowsuggestedispartofthestandardformdocumentthat
wassentoutinitiallyforreviewsixweeksago,andfurther,thelanguageistypicalforfinancialguaranties. Heisunable
torecommendtotheCommissionthatthestandarddocumentbechangedtoreflectthesuggestionsyouforwarded.
Sincerely,
Kathy
Kathleen M. Fox, FASLAExecutive DirectorOhio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, 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, overseescapital improvement funds appropriated by the Ohio General Assembly and Governor for community cultural facility projects including non-profittheaters, museums, historical sites and publicly owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770for more information on the Commission or to learn how we can assist your cultural facility project.
From: Rohr, Jeffrey L. [mailto:JRohr@Graydon.com]Sent: Tuesday, December 28, 2010 2:13 PMTo: Kathy Fox; jepepjr@aol.comCc : Tony Capaci; Chris Bruner; 594@ocfcsp.oasfc.local; dmurphy@nurfc.org; Donald's Yahoo; BReece@nurfc.orgSubject: RE: Contractual Papers....
Kathy,I have attached the Letter (with comments) that I sent yesterday. Please contact me with any questions.
Jeff RohrGraydon Head & Ritchey LLP1900 Fifth Third Center511 Walnut StreetCincinnati, Ohio 45202Phone: (513) 629-2852
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Fax: (513) 651-3836E-mail: Jrohr@graydon.com
The following information is from the law firm of Graydon Head & Ritchey LLP and may be protected by attorney/clientprivilege. If you believe it has been sent to you in error, do not read it. Please reply to the sender that you have receivedthe 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]Sent: Tuesday, December 28, 2010 12:34 PMTo: jepepjr@aol.comCc : Tony Capaci; Chris Bruner; 594@ocfcsp.oasfc.local; Rohr, Jeffrey L.; dmurphy@nurfc.org; Donald's Yahoo;BReece@nurfc.orgSubject: RE: Contractual Papers....
DearJohn,
Yes,Ireceivedyouremailof12/24/10at5:30PM. Asmentionedinaprioremail,ourofficeisclosedformandatoryCost
Savingsfurloughdaysthisweek. TheofficewillreopenonMonday1/3/2011. Couldyoupleasehaveyourattorney
forwardhisquestiontomesincemystaffisnotavailablethisweek? Iwillbespeakingwithourlegalcounselthis
afternoon,soifthereisanewquestionitwouldbehelpfulformetoknowwhatitistoday.
ThestatusoftheFreedomCenterprojectreviewremainsunchangedfrommylastemail: ourCommissionTreasureris
reviewingtheCommissionstaffsdraftreport. IexpecttheTreasurersfeedbacknextweek. OnMondaywhenour
officereopensandTonyCapaciisavailable,hecanreviewanynewinformationthatBenmayhaveprovided.
Bestregards,
Kathy
Kathleen M. Fox, FASLAExecutive DirectorOhio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, 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-profittheaters, museums, historical sites and publicly owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770for more information on the Commission or to learn how we can assist your cultural facility project.
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Kathy Fox
From: Kathy FoxSent: Thursday, December 30, 2010 8:09 PMTo: '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)Subject: RE: Your note to Jeff Rohr.....
TrackingTracking: Recipient Delivery
'jepepjr@aol.com'
dmurphy@nurfc.org
BReece@nurfc.org
robinson.kb.1@pg.com
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,
Thankyouforyournoteregardingtheguaranty.Welllookforwardtoreceivingthedocuments.
Regardingyourrequestforreleaseoftheescrowfundsinadditiontothe$850Kappropriation,thisissueisunderreview
bytheCommissionsTreasurerashereviewsourdraftstaffreportontheFreedomCenter. OurTreasurerisan
uncompensatedCommissionMember;heisonafamilytripovertheholidays,onethatIamcertainiswelldeserved
givenhismanybusinessandcivicresponsibilities. Weexpecttoreceivehisfeedbacknextweekandwewillbebackin
touchwithyouafterthat. Inthemeantime,wewilllookforwardtoreceivingthebackupbusinessplanfromDonand
updatedcashflowprojectionsfromBen. Ourstaffwillbeginitsreviewimmediatelyuponreceipt,aswehavedonewith
allpriorinformation.
Thankyouagainforyournote.
Withmyverybestwishesforthenewyear,
Kathy
Kathleen M. Fox, FASLAExecutive DirectorOhio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, OH 43215-3661
Vox: 614.752.2770
Fax: 614-752-2775e-mail: kfox@culture.ohio.gov
kfox@post.harvard.edu
visit our website: www.culture.ohio.gov
From: jepepjr@aol.com [mailto:jepepjr@aol.com]Sent: Thursday, December 30, 2010 11:23 AMTo: Kathy FoxCc : dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.comSubject: Your note to Jeff Rohr.....
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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 Ill goahead to sign the papers as you have given them to me.
I hope now that, as the office re-opens, well be able to come to grips with the issue of my being able to alsoguarantee 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 tothe point in time where we hope and expect Federalization funds to be available. Don will be separatelysending you the back-up business plan that youve requested in the event Federalization does not take place. Tobe 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
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Kathy Fox
From: Kathy FoxSent: Thursday, December 30, 2010 7:35 PMTo: 'CRAIG.MARSHALL@ey.com'Cc: 'Margie.Gertner@ey.com'Subject: More on NURFC
Craig,
Sorrytobotheryouonyourvacation. Iwantedyoutoseethemessage,below,fromJohnPepper(Proctor&Gamble
CEOemeritusandchairmanoftheNationalUndergroundFreedomCenterboard).
MargieGertnersaidshesentwithyouonyourtripacopyofourdraftstaffreportontheFreedomCenter. Thedraft
staffreportcontainsthestaffrecommendationaboutreleasingan$850KappropriationONLYifitisfullyguaranteed,if
wecontinuetoholda$460Kescrow,andiftheFreedomCenterprovidesa fallbackbusinessplanshowinghowthey
wouldcontinuetooperateiffederalizationdoesntoccur. InthemessagebelowMr.Pepperisexpressinghisopinion
aboutwhythe$460Kescrowshouldbereleasedinadditiontothe$850Kappropriation(withaguarantyheiswillingto
make). Iamhopingtohaveanopportunitytotalkwithyounextweektogetyourreadonthestaffrecommendations
andalsoonMr.PeppersrequestthattheescrowbereturnedtotheFreedomCenter.
IammeetingwithChairmanBudigthesecondweekinJanuarytosettheagendaforourFebruary8Commission
meeting. Yourfeedbackregardingthedraftstaffrecommendationsonthe FreedomCenterwouldbeveryhelpful.
ImccingMargieonthisemailsothatwemightbeabletoidentifyatimeonyourcalendarforabrieftelephonecall(10
15min.)onthissubjectinearlyJanuary. Thekeyquestionsrelatetothestaffrecommendationsandwhetheryouagree
withthem,seeroomforimprovement,oridentifypointsweneedtoresearchfurther.
Thanks,andHappyNewYear!
Kathy
Kathleen M. Fox, FASLAExecutive DirectorOhio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, OH 43215-3661
Vox: 614.752.2770Cell: 614-738-3553Fax: 614-752-2775e-mail: kfox@culture.ohio.gov
kfox@post.harvard.edu
From: jepepjr@aol.com [mailto:jepepjr@aol.com]
Sent: Thursday, December 30, 2010 11:23 AMTo: Kathy FoxCc : dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.comSubject: 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 Ill goahead to sign the papers as you have given them to me.
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I hope now that, as the office re-opens, well be able to come to grips with the issue of my being able to alsoguarantee the other $450,000. My guarantee on this will be total, and it will be on the same terms that apply tothe $850,000 and, to repeat, the availability of these funds as crucial to giving us the running room to get tothe point in time where we hope and expect Federalization funds to be available. Don will be separatelysending you the back-up business plan that youve requested in the event Federalization does not take place. Tobe 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
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Kathy Fox
From: Kathy FoxSent: Thursday, December 30, 2010 5:57 PMTo: Chris Bruner; Tony CapaciCc: Amy Rice; National Underground Railroad Freedom Center (594@ocfcsp.oasfc.local)Subject: FW: Your note to Jeff Rohr.....
TrackingTracking: Recipient Delivery
Chris Bruner Delivered: 12/30/2010 5:57 PM
Tony Capaci Delivered: 12/30/2010 5:57 PM
Amy Rice Delivered: 12/30/2010 5:57 PM
National Underground Railroad Freedom Center(594@ocfcsp.oasfc.local)
From: jepepjr@aol.com [mailto:jepepjr@aol.com]Sent: Thursday, December 30, 2010 11:23 AMTo: Kathy Fox
Cc : dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.comSubject: 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 Ill goahead to sign the papers as you have given them to me.
I hope now that, as the office re-opens, well be able to come to grips with the issue of my being able to alsoguarantee the other $450,000. My guarantee on this will be total, and it will be on the same terms that apply tothe $850,000 and, to repeat, the availability of these funds as crucial to giving us the running room to get tothe point in time where we hope and expect Federalization funds to be available. Don will be separatelysending you the back-up business plan that youve requested in the event Federalization does not take place. Tobe 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
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Kathy Fox
To: jepepjr@aol.comCc: National Underground Railroad Freedom Center (594@ocfcsp.oasfc.local)Subject: RE: Your note to Jeff Rohr.....
John,
Thanksforyournote. IhopetobeabletospeakwithourCommissionTreasurernextweekafterhisreturnfromhisholidayvacation.MyunderstandingisthatheisreviewingthedraftstaffreportontheFreedomCenter. Sinceheisa
volunteer,however,Iamnotincontrolofhisschedule.
Kathleen M. Fox, FASLAExecutive DirectorOhio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, 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, overseescapital improvement funds appropriated by the Ohio General Assembly and Governor for community cultural facility projects including non-profittheaters, museums, historical sites and publicly owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770for more information on the Commission or to learn how we can assist your cultural facility project.
From:jepepjr@aol.com[mailto:jepepjr@aol.com]Sent: Thursday, December 30, 2010 11:23 AMTo: Kathy FoxCc :dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.comSubject: 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 Ill goahead to sign the papers as you have given them to me.
I hope now that, as the office re-opens, well be able to come to grips with the issue of my being able to alsoguarantee the other $450,000. My guarantee on this will be total, and it will be on the same terms that apply tothe $850,000 and, to repeat, the availability of these funds as crucial to giving us the running room to get tothe point in time where we hope and expect Federalization funds to be available. Don will be separatelysending you the back-up business plan that youve requested in the event Federalization does not take place. Tobe 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
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Kathy Fox
To: CRAIG.MARSHALL@ey.comSubject: more on the Freedom Center
Craig,
Sorrytobotheryouwiththiswhileyouareonvacation,butIthoughttheinformationbelowwouldbeanimportant
updatetothedraftProjectAnalysisandStaffReportyourereviewingforthe NationalUndergroundRailroadFreedom
Center(NURFC). IvebeenreceivingmultipleemailsperweekfromJohnPepper,CEOemeritusofProctor&Gambleand
boardchairmanofNURFC,inspiteofmymessagestohimthattheofficeisclosedforcostsavingsfurloughdaysthis
weekandthedraftstaffreportregardingNURFCisunderreviewbyourSec/Treasurer. Mr.Pepperwantsthe
Commissiontoapproveboththe$850Kcapitalappropriationaswellasreleasingtheapprox$460Kweholdinescrowin
theeventthatNURFCfailsfinancially. ThedraftstaffreportrecommendsCommissionapprovalofthe$850K,butonlyif
itisguaranteed(Mr.Pepperhasagreedtodothis)andifwecontinuetoholdthe$450Kinescrowedfunds,whichwould
beusedtoinsure,
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
From:jepepjr@aol.com[mailto:jepepjr@aol.com]Sent: Thursday, December 30, 2010 11:23 AMTo: Kathy FoxCc :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 Ill goahead to sign the papers as you have given them to me.
I hope now that, as the office re-opens, well be able to come to grips with the issue of my being able to alsoguarantee the other $450,000. My guarantee on this will be total, and it will be on the same terms that apply tothe $850,000 and, to repeat, the availability of these funds as crucial to giving us the running room to get tothe 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 youve requested in the event Federalization does not take place. Tobe 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
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Kathy Fox
From: Kathy FoxSent: Wednesday, December 29, 2010 11:04 PMTo: Kathy FoxSubject: Synchronization Log:
Importance: High
23:03:54 Synchronizer Version 12.0.654823:03:54 Synchronizing Mailbox 'Kathy Fox'23:03:54 Synchronizing Hierarchy23:03:55 Synchronizing server changes in folder 'Calendar'23:03:55 Downloading from server 'ocfcmain.oasfc.local'23:03:56 Synchronizing server changes in folder 'Inbox'23:03:56 Downloading from server 'ocfcmain.oasfc.local'23:03:57 2 item(s) added to offline folder23:03:57 1 item(s) changed read-state in offline folder23:03:57 Synchronizing server changes in folder 'Contacts'23:03:57 Downloading from server 'ocfcmain.oasfc.local'23:03:57 Synchronizing server changes in folder 'Drafts'23:03:57 Downloading from server 'ocfcmain.oasfc.local'
23:03:59 Synchronizing server changes in folder 'Capital L.S. Mediation & Dispute Resolution Certificate'23:03:59 Downloading from server 'ocfcmain.oasfc.local'23:03:59 1 item(s) changed read-state in offline folder23:03:59 Synchronizing server changes in folder 'Tracking Receipts'23:03:59 Downloading from server 'ocfcmain.oasfc.local'23:04:00 Synchronizing server changes in folder 'Budig, Otto, Jr.'23:04:00 Downloading from server 'ocfcmain.oasfc.local'23:04:03 Synchronizing server changes in folder 'Budget'23:04:03 Downloading from server 'ocfcmain.oasfc.local'23:04:03 1 item(s) changed read-state in offline folder23:04:03 Synchronizing server changes in folder 'Arena/Marina District Toledo'23:04:03 Downloading from server 'ocfcmain.oasfc.local'23:04:09 Synchronizing server changes in folder 'Freedom Center'23:04:09 Downloading from server 'ocfcmain.oasfc.local'23:04:12 Synchronizing server changes in folder 'Deleted Items'
23:04:12 Downloading from server 'ocfcmain.oasfc.local'23:04:13 Synchronizing Views23:04:13 Downloading from server 'ocfcmain.oasfc.local'23:04:13 Error synchronizing folder23:04:13 [80040119-501-0-5C0]23:04:13 The client operation failed.23:04:13 Microsoft Exchange Information Store23:04:13 For more information on this failure, click the URL below:23:04:13 http://www.microsoft.com/support/prodredirect/outlook2000_us.asp?err=80040119-501-0-5c023:04:13 Done23:04:13 Microsoft Exchange offline address book23:04:13 Download successful
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Kathy Fox
From: Kathy FoxSent: Tuesday, December 28, 2010 5:09 PMTo: Kathy FoxSubject: Synchronization Log:
Importance: High
17:06:48 Synchronizer Version 12.0.654817:06:48 Synchronizing Mailbox 'Kathy Fox'17:06:48 Synchronizing Hierarchy17:07:22 Synchronizing local changes in folder 'Inbox'17:07:22 Uploading to server 'ocfcmain.oasfc.local'17:07:23 1 item(s) updated in online folder17:07:24 Downloading from server 'ocfcmain.oasfc.local'17:07:26 1 item(s) changed read-state in offline folder17:07:26 1 view(s)/form(s) updated in offline folder17:07:27 Synchronizing server changes in folder 'Tracking Receipts'17:07:27 Downloading from server 'ocfcmain.oasfc.local'17:07:28 Synchronizing server changes in folder 'Budig, Otto, Jr.'17:07:28 Downloading from server 'ocfcmain.oasfc.local'
17:07:51 Synchronizing server changes in folder 'Budget'17:07:51 Downloading from server 'ocfcmain.oasfc.local'17:08:46 Synchronizing server changes in folder 'Freedom Center'17:08:46 Downloading from server 'ocfcmain.oasfc.local'17:08:50 Synchronizing server changes in folder 'Tom Rocco'17:08:50 Downloading from server 'ocfcmain.oasfc.local'17:08:50 Synchronizing server changes in folder 'Deleted Items'17:08:50 Downloading from server 'ocfcmain.oasfc.local'17:08:51 Synchronizing Views17:08:51 Downloading from server 'ocfcmain.oasfc.local'17:08:51 Uploading to server 'ocfcmain.oasfc.local'17:08:52 1 view(s)/form(s) updated in online folder17:08:52 Error synchronizing folder17:08:52 [80040119-501-0-5C0]17:08:52 The client operation failed.
17:08:52 Microsoft Exchange Information Store17:08:52 For more information on this failure, click the URL below:17:08:52 http://www.microsoft.com/support/prodredirect/outlook2000_us.asp?err=80040119-501-0-5c017:08:52 Done17:08:53 Microsoft Exchange offline address book17:08:53 Download successful
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Kathy Fox
From: Kathy FoxSent: Tuesday, December 28, 2010 3:53 PMTo: 'Tom Rocco'Subject: FW: Contractual Papers....Attachments: Pepper changes.PDF
From: Rohr, Jeffrey L. [mailto:JRohr@Graydon.com]Sent: Tuesday, December 28, 2010 2:13 PMTo: Kathy Fox; jepepjr@aol.comCc : Tony Capaci; Chris Bruner; 594@ocfcsp.oasfc.local; dmurphy@nurfc.org; Donald's Yahoo; BReece@nurfc.orgSubject: RE: Contractual Papers....
Kathy,I have attached the Letter (with comments) that I sent yesterday. Please contact me with any questions.
Jeff RohrGraydon Head & Ritchey LLP1900 Fifth Third Center511 Walnut StreetCincinnati, Ohio 45202Phone: (513) 629-2852Fax: (513) 651-3836E-mail: Jrohr@graydon.com
The following information is from the law firm of Graydon Head & Ritchey LLP and may be protected by attorney/clientprivilege. If you believe it has been sent to you in error, do not read it. Please reply to the sender that you have receivedthe 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]Sent: Tuesday, December 28, 2010 12:34 PMTo:jepepjr@aol.comCc : Tony Capaci; Chris Bruner; 594@ocfcsp.oasfc.local; Rohr, Jeffrey L.; dmurphy@nurfc.org; Donald's Yahoo;
BReece@nurfc.orgSubject: RE: Contractual Papers....
DearJohn,
Yes,Ireceivedyouremailof12/24/10at5:30PM. Asmentionedinaprioremail,ourofficeisclosedformandatoryCost
Savingsfurloughdaysthisweek. TheofficewillreopenonMonday1/3/2011. Couldyoupleasehaveyourattorney
forwardhisquestiontomesincemystaffisnotavailablethisweek? Iwillbespeakingwithourlegalcounselthis
afternoon,soifthereisanewquestionitwouldbehelpfulformetoknowwhatitistoday.
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38
ThestatusoftheFreedomCenterprojectreviewremainsunchangedfrommylastemail: ourCommissionTreasureris
reviewingtheCommissionstaffsdraftreport. IexpecttheTreasurersfeedbacknextweek. OnMondaywhenour
officereopensandTonyCapaciisavailable,hecanreviewanynewinformationthatBenmayhaveprovided.
Bestregards,
Kathy
Kathleen M. Fox, FASLAExecutive Director
Ohio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, 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, overseescapital improvement funds appropriated by the Ohio General Assembly and Governor for community cultural facility projects including non-profittheaters, museums, historical sites and publicly owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770for more information on the Commission or to learn how we can assist your cultural facility project.
From:jepepjr@aol.com[mailto:jepepjr@aol.com]Sent: Tuesday, December 28, 2010 12:11 PMTo: Kathy Fox
Cc :jepepjr@aol.comSubject: Contractual Papers....
(Dictated but not read by John Pepper)-------------------------
Dear Kathy,
I just want you to know that Ill be getting the contractual papers you sent me back to the appropriate officeearly the week of January 10. Ill mail out the week prior to that. My lawyer has raised one, I think relativelyminor, question with your staff.
Im assuming youll let Tom and Ben know if there are any missing pieces as far as youre 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 havemy earlier e-mail. My wife and I will guarantee that. Given that, I dont 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 beavailable.
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
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Kathy Fox
From: Rohr, Jeffrey L. [JRohr@Graydon.com]Sent: Tuesday, December 28, 2010 2:13 PMTo: Kathy Fox; jepepjr@aol.comCc: Tony Capaci; Chris Bruner; 594@ocfcsp.oasfc.local; dmurphy@nurfc.org; Donald's Yahoo;
BReece@nurfc.orgSubject: RE: Contractual Papers....Attachments: Pepper changes.PDF
Kathy,I have attached the Letter (with comments) that I sent yesterday. Please contact me with any questions.
Jeff RohrGraydon Head & Ritchey LLP1900 Fifth Third Center511 Walnut StreetCincinnati, Ohio 45202Phone: (513) 629-2852
Fax: (513) 651-3836E-mail: Jrohr@graydon.com
The following information is from the law firm of Graydon Head & Ritchey LLP and may be protected by attorney/clientprivilege. If you believe it has been sent to you in error, do not read it. Please reply to the sender that you have receivedthe 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]Sent: Tuesday, December 28, 2010 12:34 PMTo:jepepjr@aol.comCc : Tony Capaci; Chris Bruner; 594@ocfcsp.oasfc.local; Rohr, Jeffrey L.; dmurphy@nurfc.org; Donald's Yahoo;BReece@nurfc.orgSubject: RE: Contractual Papers....
DearJohn,
Yes,Ireceivedyouremailof12/24/10at5:30PM. Asmentionedinaprioremail,ourofficeisclosedformandatoryCost
Savingsfurloughdaysthisweek. TheofficewillreopenonMonday1/3/2011. Couldyoupleasehaveyourattorney
forwardhisquestiontomesincemystaffisnotavailablethisweek? Iwillbespeakingwithourlegalcounselthisafternoon,soifthereisanewquestionitwouldbehelpfulformetoknowwhatitistoday.
ThestatusoftheFreedomCenterprojectreviewremainsunchangedfrommylastemail: ourCommissionTreasureris
reviewingtheCommissionstaffsdraftreport. IexpecttheTreasurersfeedbacknextweek. OnMondaywhenour
officereopensandTonyCapaciisavailable,hecanreviewanynewinformationthatBenmayhaveprovided.
Bestregards,
Kathy
Kathleen M. Fox, FASLA
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40
Executive DirectorOhio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, 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, overseescapital improvement funds appropriated by the Ohio General Assembly and Governor for community cultural facility projects including non-profittheaters, museums, historical sites and publicly owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770for more information on the Commission or to learn how we can assist your cultural facility project.
From:jepepjr@aol.com[mailto:jepepjr@aol.com]Sent: Tuesday, December 28, 2010 12:11 PMTo: Kathy FoxCc :jepepjr@aol.comSubject: Contractual Papers....
(Dictated but not read by John Pepper)-------------------------
Dear Kathy,
I just want you to know that Ill be getting the contractual papers you sent me back to the appropriate officeearly the week of January 10. Ill mail out the week prior to that. My lawyer has raised one, I think relativelyminor, question with your staff.
Im assuming youll let Tom and Ben know if there are any missing pieces as far as youre 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 havemy earlier e-mail. My wife and I will guarantee that. Given that, I dont 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 beavailable.
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
8/7/2019 11-kfox records request output - Freedom Center keyword
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41
Kathy Fox
From: Kathy FoxSent: Tuesday, December 28, 2010 12:34 PMTo: 'jepepjr@aol.com'Cc: Tony Capaci; Chris Bruner; National Underground Railroad Freedom Center (594
@ocfcsp.oasfc.local); 'JRohr@Graydon.com'; ; 'Donald's Yahoo';BReece@nurfc.org
Subject: RE: Contractual Papers....
TrackingTracking: Recipient Delivery
'jepepjr@aol.com'
Tony Capaci Delivered: 12/28/2010 12:34 PM
Chris Bruner Delivered: 12/28/2010 12:34 PM
National Underground Railroad Freedom Center(594@ocfcsp.oasfc.local)
'JRohr@Graydon.com'
'Donald's Yahoo'
BReece@nurfc.org
Amy Rice Delivered: 12/28/2010 12:34 PM
DearJohn,
Yes,Ireceivedyouremailof12/24/10at5:30PM. Asmentionedinaprioremail,ourofficeisclosedformandatoryCost
Savingsfurloughdaysthisweek. TheofficewillreopenonMonday1/3/2011. Couldyoupleasehaveyourattorney
forwardhisquestiontomesincemystaffisnotavailablethisweek? Iwillbespeakingwithourlegalcounselthis
afternoon,soifthereisanewquestionitwouldbehelpfulformetoknowwhatitistoday.
ThestatusoftheFreedomCenterprojectreviewremainsunchangedfrommylastemail: ourCommissionTreasureris
reviewingtheCommissionstaffsdraftreport. IexpecttheTreasurersfeedbacknextweek. OnMondaywhenour
office
reopens
and
Tony
Capaci
is
available,
he
can
review
any
new
information
that
Ben
may
have
provided.
Bestregards,
Kathy
Kathleen M. Fox, FASLAExecutive DirectorOhio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, 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, overseescapital improvement funds appropriated by the Ohio General Assembly and Governor for community cultural facility projects including non-profittheaters, museums, historical sites and publicly owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770for more information on the Commission or to learn how we can assist your cultural facility project.
From:jepepjr@aol.com[mailto:jepepjr@aol.com]Sent: Tuesday, December 28, 2010 12:11 PM
To: Kathy Fox
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42
Cc :jepepjr@aol.comSubject: Contractual Papers....
(Dictated but not read by John Pepper)-------------------------
Dear Kathy,
I just want you to know that Ill be getting the contractual papers you sent me back to the appropriate officeearly the week of January 10. Ill mail out the week prior to that. My lawyer has raised one, I think relatively
minor, question with your staff.
Im assuming youll let Tom and Ben know if there are any missing pieces as far as youre 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 havemy earlier e-mail. My wife and I will guarantee that. Given that, I dont 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 beavailable.
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
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43
Kathy Fox
From: Otto Budig [obudig@parsecinc.com]Sent: Tuesday, December 28, 2010 9:44 AMTo: Kathy FoxSubject: Read: latest message from John Pepper re: Freedom CenterAttachments: ATT04695.txt
Your message
To: obudig@parsecinc.comSubject: latest message from John Pepper re: Freedom CenterSent: 12/27/2010 5:09 PM
was read on 12/28/2010 9:43 AM.
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Cc: ; ; Tony Capaci; Chris Bruner ; AmyRice ; ; Ken Robinson Sent: Wed, Dec 22, 2010 4:15 pmSubject: Re: Freedom Center - Guarantee....
KathyThanks 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 lightof the fact we have made significant budget adjustments that will give us a strong option for sustainability withoutfederalization.
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" 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 managementtransition 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 torecommend such a release even with a guaranty. In the event that federalization does not occur and theFreedom Center is unable to continue to operate the building, the escrowed funds will be needed toprovide 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 grouphas included its recommendations in our draft staff report, which is now being reviewed by theCommission Treasurer. Our financial analysis group also reviewed the cash flow projection provided byBen Reece at the Freedom Center. The cash flow projection anticipates $850,000 from the Commissionin 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 tothe 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 willreopen on Monday, January 3, 2011.
Best regards,Kathy
Kathleen M. Fox, FASLAExecutive DirectorOhio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, OH 43215-3661
Vox: 614.752.2770Fax: 614-752-2775e-mail: kfox@culture.ohio.gov
kfox@post.harvard.edu
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46
visit our website: www.culture.ohio.gov
Building Culture in Ohio's Communities: The Ohio Cultural Facilities Commission, formerly the OhioArts & Sports Facilities Commission, oversees capital improvement funds appropriated by the OhioGeneral 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 visitwww.culture.ohio.govor call (614) 752-2770 for more information on the Commission or to learn how wecan assist your cultural facility project.
From:jepepjr@aol.com [mailto:jepepjr@aol.com]Sent: Tuesday, December 21, 2010 1:41 PMTo: Kathy FoxCc:dmurphy@nurfc.orgSubject: Freedom Center - Guarantee....
Kathy,
I have the documents supporting the $850,000 and have sent them on to my lawyer. I expect we'll beable 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 toguarantee so they can also be released in February. This, of course, is as we talked in the past. Could Iask that documents covering these funds also be sent to me so I can move them along.
Best regards,John Pepper
=
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Kathy Fox
From: jepepjr@aol.comSent: Friday, December 24, 2010 5:10 AMTo: Kathy FoxCc: dmurphy@nurfc.org; BReece@nurfc.org; robinson.kb.1@pg.com; jake1@fuse.net;
jepepjr@aol.comSubject: Fwd: Freedom Center - Guarantee....
Follow Up Flag: Follow upFlag Status: Flagged
Kathy,
As Don says, the latest cash flow sheet which we have all been over meticulously does show the escrowed $450,000 andBen Reece will be getting that to you not later than mid-next week. My guarantee and that of my wife for the $450,000 aswell as the $850,000 should give you and your staff the assurance you want that in the eventuality of the FreedomCenter's not continuing in operation, an eventuality that we are absolutely committed to NOT happening, you would havefunds to maintain it, etc. This $450,000 is critical to taking us to the end of 2011 and maybe early 2012, the timing onwhich 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 To: Kathy Fox Cc: ; ; Tony Capaci; Chris Bruner ; AmyRice ; ; Ken Robinson Sent: Wed, Dec 22, 2010 4:15 pmSubject: Re: Freedom Center - Guarantee....
KathyThanks 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 lightof the fact we have made significant budget adjustments that will give us a strong option for sustainability withoutfederalization.
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" 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.
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48
You also inquired about the escrowed funds the Commission is holding in the event a managementtransition 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 torecommend such a release even with a guaranty. In the event that federalization does not occur and theFreedom Center is unable to continue to operate the building, the escrowed funds will be needed toprovide for utilities, security and insurance on the building until such time as a new non-profit cultural usecan be put in place, or there is another suitable disposition for the building. Our financial analysis grouphas included its recommendations in our draft staff report, which is now being reviewed by theCommission Treasurer. Our financial analysis group also reviewed the cash flow projection provided byBen Reece at the Freedom Center. The cash flow projection anticipates $850,000 from the Commissionin 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 tothe 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 willreopen on Monday, January 3, 2011.
Best regards,Kathy
Kathleen M. Fox, FASLAExecutive Director
Ohio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, 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 OhioArts & 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 visitwww.culture.ohio.govor call (614) 752-2770 for more information on the Commission or to learn how wecan assist your cultural facility project.
From:jepepjr@aol.com [mailto:jepepjr@aol.com]Sent: Tuesday, December 21, 2010 1:41 PMTo: Kathy FoxCc:dmurphy@nurfc.orgSubject: Freedom Center - Guarantee....
Kathy,
I have the documents supporting the $850,000 and have sent them on to my lawyer. I expect we'll beable 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 toguarantee so they can also be released in February. This, of course, is as we talked in the past. Could Iask that documents covering these funds also be sent to me so I can move them along.
Best regards,John Pepper
=
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55
Kathy Fox
From: Kathy FoxSent: Wednesday, December 22, 2010 5:05 PMTo: 'Otto Budig'Subject: latest update on the Freedom Center
Dear
Otto:
PleaseseethetwoemailsbelowformyresponsetoDonMurphysreplytotheemailIsenttoJohnPepper.
Thanks,
Kathy
From: Kathy FoxSent: Wednesday, December 22, 2010 5:01 PMTo: 'Donald's Yahoo'Cc : ; ; Tony Capaci; Chris Bruner; Amy Rice; ; KenRobinson
Subject: RE: Freedom Center - Guarantee....
Don,
Thanksforyournote. Welookforwardtoreceivinganyadditionalinformationthatisavailable,includingabusiness
plantheFreedomCenterispreparingorhaspreparedtoaddressthepossibilitythatfederalizationmaynottakeplace.
TonyCapacihasaskedBenforabusinessplanthatwouldaccommodatesuchanevent,buthasnotreceivedityet. You
andIspokeabouttheneedfortheFreedomCentersExecutiveCommitteeorBoardtoapprovesucha fallbackbusiness
plan,andIhopethatapprovalisbeingscheduled.
Sothereisnomisunderstanding,thepurposeforussharingwithyouthedraftstaffreportinearlyJanuaryissothatwe
canmakesureallthefactsarecorrectinthereport; itisnotourintentiontocreateadebateabouttheanalysisor
recommendationsourstaffwillbeprovidingtotheCommission. Imsureyoucanappreciatethisdistinction.
Welookforwardtoreceivingthebusinessplanassoonasitisavailable.Wewillneeditnolaterthanthefirstweekin
Januaryinordertoreviewitandmakeanyupdatestoourstaffreport.
Thank you,andmybestwishesfortheholidaysandthenewyear!
Kathy
Kathleen M. Fox, FASLAExecutive DirectorOhio Cultural Facilities Commission100 E. Broad Street, Suite 300Columbus, 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, overseescapital improvement funds appropriated by the Ohio General Assembly and Governor for community cultural facility projects including non-profittheaters, museums, historical sites and publicly owned professional sports venues. You are invited to visit www.culture.ohio.gov or call (614) 752-2770for more information on the Commission or to learn how we can assist your cultural facility project.
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56
From: Donald's Yahoo [mailto:donmurphy10850@yahoo.com]
Sent: Wednesday, December 22, 2010 4:15 PMTo: Kathy FoxCc : ; ; Tony Capaci; Chris Bruner; Amy Rice; ; KenRobinson
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. Inaddition, based on our last phone conversation, I believe we shoild have the opportunity to respond to the staffreport. This in light of the fact we have made significant budget adjustments that will give us a strong option forsustainability 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" wrote:
John,
Thankyouforyournoteregardingthestatusoftheguarantydocumentsforthe$850,000
appropriation. Wewilllookforwardtoreceivingthemwithinafewweeks.
YoualsoinquiredabouttheescrowedfundstheCommissionisholdingintheeventamanagement
transitionisrequiredforthefacility,asspecifiedinourexistingagreementswiththeFreedomCenter.
Ourfinancialanalysisgroupreviewedtherecentrequesttoreleasetheescrowedfunds,andisunable
torecommendsuchareleaseevenwithaguaranty. Intheeventthatfederalizationdoesnotoccurand
theFreedomCenterisunabletocontinuetooperatethebuilding,theescrowedfundswillbeneededto
provideforutilities,securityandinsuranceonthebuildinguntilsuchtimeasanewnonprofitcultural
usecanbeputinplace,orthereisanothersuitabledispositionforthebuilding. Ourfinancialanalysis
grouphasincludeditsrecommendationsinourdraftstaffreport,which isnowbeingreviewedbythe
CommissionTreasurer. Ourfinancialanalysisgroupalsoreviewedthecashflowprojectionprovidedby
BenReeceattheFreedomCenter.Thecashflowprojectionanticipates$850,000fromtheCommission
inFebruary2011,butdoesnotindicateareturnoftheescrowedfunds.
OncetheCommissionTreasurerhasprovidedhisfeedbackonthedraftreport,wewillsendthereport
totheFreedomCenterforyourinformation. PleasenotethatourofficewillbeclosedbeginningFriday,
December24throughtheendoftheyearformandatoryCostSavingsfurloughdays. Ourofficewill
reopenonMonday,January3,2011.
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Bestregards,
Kathy
Kathleen M. Fox, FASLA
Executive Director
Ohio Cultural Facilities Commission
100 E. Broad Street, Suite 300Columbus, 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 FacilitiesCommission, oversees capital improvement funds appropriated by the Ohio General Assembly and Governor for community culturalfacility projects including non-profit theaters, museums, historical sites and publicly owned professional sports venues. You areinvited to visit www.culture.ohio.gov or call (614) 752-2770 for more information on the Commission or to learn how we can assistyour cultural facility project.
From:jepepjr@aol.com [mailto:jepepjr@aol.com]Sent: Tuesday, December 21, 2010 1:41 PMTo: Kathy FoxCc :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 beable to process these quite quickly.
8/7/2019 11-kfox records request output - Freedom Center keyword
46/477
58
There is the additional $450,000 or so that is also being held in escrow that my wife and I want toguarantee so they can also be released in February. This, of course, is as we talked in the past. Could Iask that documents covering these funds also be sent to me so I can move them along.
Best regards,
John Pepper
8/7/2019 11-kfox records request output - Freedom Center keyword
47/477
59
Kathy Fox
From: john pepper [jepepjr@aol.com]Sent: Wednesday, December 22, 2010 5:14 PMTo: Kathy FoxSubject: Delivered: RE: Freedom Center - Guarantee....Attachments: ATT03390.txt
Yourmessagewasdeliveredtotherecipient.
8/7/2019 11-kfox records request output - Freedom Center keyword
48/477
60
Kathy Fox
From: System AdministratorTo: 594@ocfcsp.oasfc.localSent: Wednesday, December 22, 2010 5:02 PMSubject: Delivered: RE: Freedom Center - Guarantee....
Your