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modifying the material terms of Section 2.

3(b) of the Lease Agreement as actually authorized by the Cincinnati City Council pursuant to Ordinance No. 56-2013. 24. At no time did the Cincinnati City Council authorize the foregoing material

changes to Section 2.3(b) of the Lease Agreement. 25. In fact, based upon information and belief, no member of Cincinnati City Council,

other than, perhaps, Councilmember Roxanne Qualls, was informed of the foregoing material changes to Section 2.3(b) of the Lease Agreement. 26. However, the Port Authority, as the other party to the proposed Lease Agreement,

did not sign either the modified Lease Agreement which the Cincinnati City Manager executed on June 17, 2013, or the Lease Agreement which the Cincinnati City Council authorized pursuant to Ordinance No. 56-2013. 27. Instead, even prior to the City Manager signing the modified Lease Agreement on

June 17, 2013, the Port Authority was indicating that it would or could not sign the Lease Agreement which was authorized by the Cincinnati City Council pursuant to Ordinance No. 562013: a. In an e-mail dated Saturday, June 15, 2013, Laura Brunner, the

president/CEO of the Port Authority, wrote to one of the board members of the Port Authority: I did leave [Cincinnati City Councilmember] Roxanne [Qualls] a call and told her that we should talk before Monday as I am not in a position to sign the [Lease Agreement] right now. So, administration and council are on notice. Let s see how they respond.

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their favor and against Respondents-Defendants granting the declaratory judgment and injunctive

relief sought in the preceding paragraphs, together with court costs, attorney fees, as well as such
other relief to that Relators may be entitled in law or in equity.

Hartman

(OH Bar No. 0064242)


The Law Firm of Curt C. Hartman
3749 Fox Point Court

Amelia, Ohio 45102 (513)752-8800

hartmanlawfirm@fuse.net
Christopher P. Finney (OH Bar No. 0038998) Finney, Stagnaro, Saba & Klusmeier Co., LPA
2623 Erie Avenue
P.O. Box 8804

Cincinnati, Ohio 45208 (513)533-2980

cfinney@fssk-law.com
Attorneysfor Relators
CERTIFICATE OF SERVICE

I certify that a copyof the foregoing was or will be served via e-mail uponthe following
on the 3rd day of September 2013:
JohnCurp City Solicitor, City of Cincinnati 801 Plum Street, Room 214
Cincinnati, OH 45202

Paula Bogg Muething


General Counsel, Port of Greater

Cincinnati Development Authority


299 East Sixth Street, Suite 2A

John. Curp@cincinnati-oh.gov Aaron.Herzig@cincinnati-oh.gov Terry.Nestor@cincinnati-oh.gov

Cineinn^ti, H 45202.
~ 1ifm0iiport.org

Christopher P. Finney (0038998)

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