216 Jamaica Avenue v. S & R Playhouse Realty Co.

Filing 18

First Submission fo Joint Stipulated Facts filed by all parties. (Walters, Gary) Modified on 9/13/2006 (S, R).

216 Jamaica Avenue v. S & R Playhouse Realty Co.

Doc. 18

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION 216 JAMAICA AVENUE, LLC, Plaintiff, v. S & R PLAYHOUSE REALTY CO. Defendant. ) CASE NO. 1:06CV1288 ) ) JUDGE BOYKO ) ) ) ) PARTIES' FIRST SUBMISSION OF JOINT ) STIPULATED FACTS ) )

The following joint stipulations of fact are offered on behalf of plaintiff 216 Jamaica Avenue, LLC ("216 Jamaica") and defendant S&R Playhouse Square Realty Co. ("S&R") for purposes of their motions for summary judgment. 1. Prior to February 2006, plaintiff had no ownership interest of any kind whatsoever in the Lease or any of the real estate that is the subject of this action. 2. The sum total paid by plaintiff for the transfer of and plaintiff's entire interest in the land (see Complaint ¶ 39), that is the subject of the Lease in this action was $845,000. 3. S&R has paid $35,000 in United States currency in annual rent under the Lease from 1982 to through January 1, 2006. 216 Jamaica rejected S&R's tender of $8,750 for quarterly rent due on April 1, 2006. 4. Exhibit A of the Complaint is a true, correct, and authentic copy of the 1912 Lease ("Lease") pertaining to the real estate that is the subject of this action. Exhibit B of the Complaint is a true, correct, and authentic copy of 1912 Modification of Lease. Exhibit C of the

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Complaint is a true, correct, and authentic copy of the 1982 Assignment and Assumption of the Lease entered into between the Halle Brothers Company and S&R. 5. Each of the following documents are true, correct, and authentic copies of the originals: a. Certificates dated February 1, 1995 from Supplement of Pompano Realty Corp. to Marine Midland Bank (bates-labeled FCID 0413 to FCID 0416), November 25, 1997 from Halle Cleveland LLC to Marine Midland Bank (bates-labeled FCID 0409 to FCID 0412), December 20, 2001 from Halle Cleveland LLC to HSBC Bank USA (bates-labeled FCID 0393 - FCID 0395), December 14, 2004 from Halle Cleveland LLC to HSBC Bank USA, National Association (bates-labeled FCID 0400 to FCID 0404), and December 28, 2005 from Halle Cleveland LLC to HSBC Bank USA, National Association (bates-labeled FCID 0405 to FCID 0408). Tenant Estoppel Certificates dated December 27, 1988 from Halle Office Building Limited Partnership to The Prudential Insurance Company of America (bates-labeled FCID 0003 to FCID 0012). Deed dated February 7, 2006 (bates-labeled FCID 0396-FCID 0399).

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Respectfully submitted, /s/ David M. Lehn CHARLES J. COOPER DAVID H. THOMPSON DAVID M. LEHN Cooper & Kirk, PLLC 555 Eleventh Street NW Suite 750 Washington, DC 20004 [phone] [phone] (fax) [e-mail] [e-mail] [e-mail] /s/ Gary L. Walters STEPHEN D. WILLIGER (0014342) GARY WALTERS (0071572) Thompson Hine LLP 3900 Key Center 127 Public Square Cleveland, Ohio 44114-1291 216-566-5500 (Tel.) 216-566-5800 (Fax) [e-mail] [e-mail] Counsel for Defendant

JAMES B. NIEHAUS (0020128) CHRISTOPHER G. KEIM (0067117) Frantz Ward LLP 2500 Key Center 127 Public Square Cleveland, Ohio 44114 216-515-1660 216-515-1650 (fax) [e-mail] [e-mail] Counsel for Plaintiff

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CERTIFICATE OF SERVICE A copy of the foregoing Parties' First Submission of Joint Stipulated Facts was filed electronically on September 12, 2006. Notice of such filing will be made electronically by way of the Court's electronic notification system and parties may access the filing through the Court's system.

___/s/ Gary L. Walters_____________________ One of the Attorneys for Defendant S&R Playhouse Realty Co.