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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;”
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