- 22 - on Maple Street had been filed with the Sandusky County re- corder’s office. On December 30, 1999, Ronald A. Matamoros (Mr. Matamoros) had a letter that he prepared (Mr. Matamoros’s December 30, 1999 letter) hand delivered to Mr. Kaplan and faxed to Ms. Schadle. When Mr. Matamoros prepared that letter, he was not aware (1) that TMC had a new building constructed on KQC’s land with HHS’s grant funds and (2) that on May 15, 1998, a notice of Federal interest with respect to the improved property on Maple Street was filed with the Sandusky County recorder’s office. Mr. Matamoros’s December 30, 1999 letter stated in pertinent part: You have asked us to review the lease agreement between KQC Investors, LLC and Texas Migrant Counsel [sic], Inc. relating to a child care facility located in Helena, Ohio. Specifically, you have asked us to opine as to the ownership of the improvements located on the property. We understand that the tenant has made certain improvements to your property which they are presently occupying pursuant to the provisions of the lease agreement. Once those improvements were incorporated into the property, i.e., as fixtures located within the building, title to those improvements immediately vested in your company subject only to the possessory rights of the tenant under the lease agreement and provided, however, that the tenant maintains its obli- gations under the lease agreement in good standing. The provisions of the lease that support this interpretation are as follows: a. The description of the “Demised Premises” in paragraph 1 clearly identifies the property owned by you as “all buildings, structures, fixtures and im- provements erected or located on the Parcel, or affixed thereto;”Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011