Governmental
Since its establishment forty years ago, Climaco, has been directly involved in some aspect of every significant event that has occurred in Greater Cleveland.
From representation of Cleveland City Council during the dark days of Cleveland's default to becoming general counsel to the Gateway Economic Development Corporation of Greater Cleveland during the city's renaissance, the firm has been a driving force in the area's revitalization.
The Firm has represented numerous local and state governmental agencies as general or special counsel in litigation and other matters. Among other governmental clients, the Firm has acted as counsel to the State of Ohio, the Ohio Turnpike Commission, Cuyahoga County, the City of Cleveland, the Cleveland City Council, the Cleveland Board of Education, the Cleveland-Cuyahoga County Port Authority, the Blanchard Valley Port Authority, the Regional Port Authority of Northwest Ohio, the City of Parma, the City of Brook Park, the City of Berea, the City of Painesville and Kent State University. CLPW&G has also represented numerous non-profit clients who have partnered with government such as Gateway Economic Development Corporation of Greater Cleveland ("Gateway"). In addition, the Firm has represented private sector clients in public law issues ranging from appointments to office to special elections and the recall of a mayor.
Climaco helped spearhead the successful completion of several major Ohio projects involving complex public financing and other cutting edge issues. For example, Climaco is general counsel to Gateway and as such has represented Gateway since its inception in the financing and development of the Gateway Sports Complex in downtown Cleveland, consisting of a baseball park and basketball arena for the Cleveland Indians and Cleveland Cavaliers, respectively, which opened in 1994. This project required Climaco's expertise in many areas, including legislation passed by the Ohio Legislature, complex negotiations of leases with the sports teams, issuance of over $400 million of tax-exempt and taxable financing, as well as real estate, environmental and litigation issues. Most recently, the firm renegotiated new leases with the Cavaliers and Cleveland Indians to guarantee revenues sufficient to operate Gateway. The amended Indians lease also involves a ten year extension of the Cleveland Indians existing lease term.
The Rock and Roll Hall of Fame and Museum is another major Ohio project in which the Firm played a vital role. In that project, the Firm represented the Cleveland-Cuyahoga County Port Authority which leased the project site to, and issued bonds to finance construction of the Museum. The Rock and Roll Hall of Fame and Museum project required the Firm's expertise in many complex areas similar in nature and scope to the Gateway project, including, construction contracting and monitoring. At the end of the Construction Project approximately $4,000,000 of proceeds was available for the early retirement of debt. The Firm also participated in the successful refinancing of the outstanding $18,000,000 plus in bonds on the project.
In addition, the Firm was previously engaged as special project counsel to the City of Brook Park in connection with the City's examination of the feasibility of establishing a municipal electric system. Largely as a result of Climaco's efforts, the City obtained contractual rights to four future interconnections with The Cleveland Electric Illuminating Company ("CEI"), Ford Motor Co. obtained a special electricity contract with CEI resulting in over $40 million in savings to Ford over the initial contract term, and each resident and billpayer in the City received an annual $185 check over at least a five year period. The Cleveland Plain Dealer praised this effort in a May 5, 1993 editorial entitled, "Brook Park's First-Rate Deal" and said "... the utility rate agreement in Brook Park is a winning situation for all: CEI keeps a major customer; Ford gets a break in its electric bill; Brook Park gets to make its residents happy."
In 2005, the Firm played an instrumental role in the first new major retail development in the City of Cleveland in decades – Steelyard Commons. Through its representation of Northeast Ohio Development Fund, LLC, CLPW&G assisted in the application to the federal government for New Market Tax Credits of $50,000,000. Using a unique modeling of these credits, the infrastructure and equity necessary for the Steelyard's development was made possible. This $100 million development with almost a million square feet of new retail space opened in the Fall of 2007.
Most recently the Firm as outside General Counsel to the Cleveland-Cuyahoga County Port Authority worked extensively with Scott Wolstein and the Wolstein Group on the Flats East Bank Project in Cleveland, Ohio. This $400 million plus planned development includes major infrastructure improvements in a blighted and underutilized portion of the Flats, including, all new sewers, water lines, streets, sidewalks, lighting, bulkheading along the river, boardwalk, marina and other improvements to support the creation of a new neighborhood through housing, retail and office development. Working as the Authority's General Counsel with the Developer and with the State of Ohio, Cuyahoga County, City of Cleveland, the Northeast Ohio Regional Sewer District, the School Board and other public entities, the firm assisted in the Port Authority's assembly of a public infrastructure financing package which will total over $150 million when the Project proceeds. The Firm was instrumental in negotiating and drafting an Acquisition Agreement for the real property needed for this project, through the use of eminent domain if necessary, and a Development Agreement with the Developer, City of Cleveland and the Port Authority ensuring a quality development which will create over 350 new housing units and create a neighborhood in Greater Cleveland where a residential neighborhood did not exist before.
The Firm's experience in public law matters extends beyond complex transactional work and encompasses complex litigation. The Firm has represented the City of Cleveland and Cleveland Public Power in various lawsuits with former contractors who designed and constructed major improvements to the system. One of the actions concluded with a $6.2 million settlement in U.S. District Court after a week of trial when the suing contractors not only forgave their $3 million claim against the City, but agreed to pay over $3 million on the City's counterclaim. Another of these claims settled for $6 million prior to trial. The Firm also has represented the City of Cleveland in various lawsuits between Cleveland Public Power and CEI over issues involving the competition of these providers of electric utility service in the City of Cleveland.
Climaco also negotiated a settlement on behalf of the City of Cleveland after filing litigation involving the Chagrin Highlands development. This settlement involved land owned by the City of Cleveland and paved the way for the economic development of over 600 acres in Cuyahoga County. The Firm also successfully represented the City of Painesville in lawsuits concerning investor suitability laws as well as audit and public reporting requirements. In addition, the Firm has represented the City of Berea in cases involving eminent domain, annexation, zoning, contract and taxpayer claims. The Firm is currently representing the Berea Municipal Clerk of Courts in a purported class action challenging the assessment of court costs.
With respect to the Flats East Bank Project noted above, the Firm was part of a trial team that prepared and filed eminent domain actions respecting parcels of property necessary for the Flats East Bank Project. From the commencement of the Project to the filing of the litigation and trial of the case, two Supreme Court cases, one from the United States Supreme Court (Kelo) and the other one from the State of Ohio (Norwood) complicated the legal strategies because of this changing area of law. In addition, the State Legislature also initially passed a moratorium in November of 2005 and recently passed Senate Bill 7, which is a new eminent domain law in the State of Ohio. Despite these challenges and a vigorous opposition from all the property owners, Climaco was able to negotiate with three of the seven property owner groups for a settlement prior to trial. Moreover, after five weeks of trial, the acquisition of all thirteen remaining parcels were successfully resolved among the parties and all property for the Project has now been acquired and assembled for the Project.
In addition to its extensive experience as General Counsel to the Cleveland-Cuyahoga County Port Authority beginning in 1988, the firm now also represents the newly created Blanchard Valley Port Authority and Regional Port Authority of Northwest Ohio as General Counsel and Bond Counsel.
The Firm also was appointed as Special Counsel to the Cuyahoga County Board of Commissioners and the Cuyahoga County Coroner in a purported class action challenging the manner in which all of Ohio's county coroners conduct autopsy procedures. This case went to the Ohio Supreme Court on a question of law certified by the United States District Court for the Southern District of Ohio. The Ohio Supreme Court ruled in favor of the position we put forth as Special Counsel, holding the county in question did not have liability, thus defeating the basis for the class action.
Finally, the Firm was appointed as Special Counsel to the Ohio Attorney General in a securities fraud class action case involving a multi-national reinsurance company. This was successfully settled for over $37.5 Million. The Firm has extensive experience in class action litigation of all kinds including the initial class action which was filed against the tobacco companies which ultimately resulted in the national master settlement with the principal tobacco companies
