Thursday, September 27, 2007

Is Crestwood Swim Club on City's property?

If it is true that 20 feet of the Crestwood Swim Club in on City's property, then is this a city pool for the general public?

I want to thanks the Kohl's shoppers in Crestwood for paying an additional 1% sales tax to fund and support a "safe"private pool named Crestwood Swim Pool.

It is great to have two pools in Crestwood. One for private for public officials. One for the public.

Is it true that Mayor Roy Robinson's wife helped build this safe pool as a subcontractor to Brinkmann with her Perma Jack business?

It is best to keep the money close in hand!

Sunday, September 23, 2007

Where is the $1.00 check for 50 Crestwood Swim Club parking spaces?

Where is the $1.00 check for 50 Crestwood Parking Spaces?

RE: $1.00 check payable to Rosebrook Real Estate Company aka Crestwood Swim Club for 50 parking spaces

How can you receive $295,000 reimbursement with the Crestwood Point TDD without the $1.00 check for the Missouri Real Estate Transaction?

I have no documents related to any payment from the City of Crestwood to Rosebrook Real Estate.

Thanks,

Robert Klahr Armstrong Teasdale LLP One Metropolitan Square, Suite 2600 St. Louis, Missouri 63102 (314) 552-6683 (314) 612-2330 (facsimile) rklahr@armstrongteasdale.com

Saturday, September 22, 2007

Montee Finds TDDs Continue Taxing Missourians without their knowledge

For Immediate Release, Thursday July 19, 2007

Contact: Samantha Brewer, Public Affairs Coordinator, (573) 751-5313

E-mail: Samantha.Brewer@auditor.mo.gov

“In their current form, Missouri's TDDs are about as close as you can get to taxation without representation,” State Auditor Susan Montee said। "The General Assembly needs to take action or Missourians will continue to pay these higher taxes with little or no input into what they are paying or how their money is spent।"

(JEFFERSON CITY, MO) – Today, Missouri State Auditor Susan Montee released an audit of Transportation Development Districts (TDDs)। As of December 31, 2005, 98 TDDs had been established in Missouri, including 29 established in 2005। An additional 22 were established in 2006। While previous audit of TDDs (SAO Report No। 2006-12, issued March 2006) reported various issues in the areas of public awareness/involvement, accountability, and compliance, the 2007 General Assembly made only one change to the TDD statutes addressing issues reported in the prior audit.

TDDs are established for the construction of transportation-related projects, and governed by a board of directors with the authority to impose sales taxes within that district to pay those costs। In 95 percent of the districts the property owner/developer petitioned for its creation. All of the districts have additional sales tax on retail items sold within the districts' boundaries imposed by the property owner/developer. This results in higher sales tax than the retail establishments outside the district's boundaries. The TDDs are created without public input and sales tax is increased without a public vote.

Officials or representatives of 97 of the TDDs reported total estimated transportation project costs of over $923 million, while 87 of those TDDs reported total estimated revenues of over $1 billion would be collected over the lives of the TDDs।

The current audit found issues in the areas of construction contracts and project management, professional services, budgetary matters, and financial reporting। Competitive bids were either not solicited or appropriate bidding procedures could not be determined. Written contracts related to the construction or construction management services were not always prepared or approved in a timely manner. Requests for proposals for various professional services were either not properly solicited or documentation was not available to provide assurance that such proposals were solicited.

Various matters were noted related to transportation projects costs claimed for reimbursement by developers. For example, it appeared the costs claimed by a developer for reimbursement were included twice, overstating reimbursement requests by approximately $123,800. In addition, in one district, customers of the major retailer in the district were incorrectly charged sales tax at a rate higher than that approved by the district for an 8-month period, resulting in an overpayment of sales taxes by the retailer to the district of approximately $60,000 for this time period.

THF Realty TIF Crestwood Point Development, LLC for Kohl's

TIF Costs to Date of 12/8/2003 2:15 PM from Armstrong Teasdale Law Firm

THF Crestwood Point Development, LLC
Vendor Name THF Budget Category Total Invoice Amount
Arnold Heuvelman Building Lease Buyout 1,500.00
Bank of America Buyout 398,147.13
Casey Communications Office Overhead 128.00
Charles Web Building Lease Buyout 1,500.00
City of Crestwood City's Portion of TIF 150,000.00
Consolacion Millangue, MD Building Lease Buyout 1,500
Creative Advertising Building Lease Buyout 1,500.00
Crestwood Continental Hairstyling Building Lease Buyout 1,500.00
Crestwood Shoe Repair Building Lease Buyout 1,500.00
Crestwood Shoe Repair Building Lease Buyout ,
D.G. Purdy & Associates, Dan Vogel Agency, Denlow & Henry, Don Landers & Co.,
Dr. Arthur Von Rump, Dr. Kevin Schuler, Dr. William Ehrett, DRG,
Economic Development Resources, Ecosafe, Inc., Eternal Family Network, Future Society, Inc.,
Gil Hagan, Heyden & Assoicatesd, Joseph Freund, Kevin McCann, Kinko's, Konrad Sprik, DMDLachman Abichandani, MD, Larry Eshelman Insurance, LaSalle Bank,
Major Investment & Realty,
Marvin, Mishkin, Harvey Cantor, Sue Ann Jones Purchase Price $1,575,483,79
Midwest Testing Soils Engineer
Midwest Testing Engineer
Midwest Testing Compact Testing
Neels Pharmacy Building Lease Buyout
Noel Leicht Building Lease Buyout
O.T. Hodge Chile Parlor Building Lease Buyout
Precision Analysis
R. G. Brinkmann Contruction Company Demolition $ 2,051.15
R. G. Brinkmann Construction Company Construction Manager $ 24,052.00
Sonnenschein Nath & Rosenthal legal fees
Specialty Medical Sales, Inc.
Spirtas Company Environmental Remediation $ 124,667.55
Spirtas Company Environmental Remediation $ 124,667.55
Spirtas Company Environmental Remediation $ 182,440.85
Spirtas Company Environmental Remediation $ 40,848.35
Spirtas Company Environmental Remediation $ 40,848.35
Spirtas Company Demolition $ 40,848.35
Spirtas Company Environmental Remediation $ 10,000.25
THF Aviatioin Office Overhead $ 429.68
THF Legal Legal Fees $
THF Legal Environmental Remediation
THF Legal TIF Costs
THF Legal Building Lease Buyout $ 629.00
THF Legal Office Overhead
TKGBL Office Overhead $ 9.39
Unites, Inc., Building Lease Buyout $ 13,407.49
VIP Studio Graphics Offfice Overhead $ 80.00
White Collar Crime Investigations, Inc. Build Lease Buyout $ 1,500.00
Ian Silberman - THF Realty
THF Aviation Office Overhead $429.68
THF Legal,
Environmental Remediation,
TIF Costs,
THF Legal Building Lease Buyout $629.00

9/8/07 City of Creve Couer voted on 2nd West Oak TDD

Saturday, 9/8/07 City of Creve Couer Council Meeting
It has come to my attention that the second TDD is being created to cover a shortfall with a third TDD on a horizon.
Is this a common occurrence throughout our State of Missouri?
What is the root cause of the $2,067,141 shortfall of Olive Blvd TDD on page 3 of The Memorandum dated 9/4/2007 from Attorney Robert D. Klahr on the Plan of Finance?
7/19/07 Montee Finds Transportation Development Districts continue Taxing Missourians without their knowledge Contact: Samantha Brewer, Public Affairs Coordinator (573) 751-5313 E-mail: Samantha.Brewer@auditor.mo.gov

http://www.auditor.mo.gov/news/20070719tdd.htm “In their current form, Missouri's TDDs are about as close as you can get to taxation without representation,” State Auditor Susan Montee said. "The General Assembly needs to take action or Missourians will continue to pay these higher taxes with little or no input into what they are paying or how their money is spent."
http://en.wikipedia.org/wiki/No_taxation_without_representation "No taxation without representation" was a slogan in the period 1763-1775 that summarized a primary grievance of the American colonists in the Thirteen colonies. The colonists complained that taxes were imposed by Parliament without the consent of the colonists, which violated the traditional rights of Englishmen dating back from the Magna Carta. The point was that the colonies had no representation in Parliament; the British responded that they were "virtually" represented.
Are the Citizens of Missouri Virtual?

Saturday, September 15, 2007

CID Crestwood Point for Kohl's

TH614F Crestwood Point Development, LLC
CID Costs to Date of 9/28/2004 10:27 AM from Armstrong Teasdale

Sanitary Sewers and Storm Sewers $115,000
Curbs/Gutters/Sidwwalks $ 75,000
Water Lines $105,500
Miscellaneous $194,500
CID Costs $ 25,000

Total $515,900

TDD Crestwood Point Expenses for Kohl's

Clerk of the Circuit Court Watson Plaza Easement $500,000
Rosebrook Real Estate Company Swim Club Buyout $850,565.59
Stock & Associates $ 3,976.54
Gerstner Electric, Inc. , Midwest Testint
R.G. Brinkmann Company, Vee-Jay Cement Contracting Co., Inc.
Baxter Farms & Nursuries, Merlo Plumbing Co., Inc.
Crawford, Bunte, Brammeier $ 82,048.85
Armstrongt Teasdale
Casey Communications, Denlow & Henry, Don Landers & Co., Kinko's, LaSalle Bank
TKGBL, US Title Guaranty Company, VIP Graphics Studio

THF Aviation Office Overhead $ 324.00
THF Legal Office Overhead
THF Realty Office Overhead, Overhead,
Ian Silberman

Grand Total either $2 million or $3 million or blank check for 40 years!

Rosebrook Realestate Company Tax History

2005 Rosebrook Realestate Company $3,514.83
2004 Rosebrook Realestate Company $3,533.36
2003 Rosebrook Realestate Company $ 669.11

Effective 8/31/2006
Locator Number: 25M621280
Property Location: 1475 S. Sappington Rd
Subdivision: Marquis Lots 1 Thru 3 & Thomas
Assessed Value: $61,750.00

Commercial Swimming Pool Total Area: 5659
Clubhouse Area Under Roof: 1675

Crestwood Swim Club aka Rosebrook Real Estate Company

Crestwood Improvement Association,
Rosebrook Real Estate Stockholders,
Rosebrook Real Estate Officers,
Crestwood Swim Club Members,
Crestwood Swim Club Guests,
Crestwood Swim Club Officers in the City of Crestwood, Missouri past and present:

Ablelin, R. J. Adams, Albers, Applebaum, Harold E. Beasley, Nick Becker, Blaine, Bosso, Bowenschulte, Gerald Bratsch, Breeding, Stanley G. Brooks, Walter G. Brooks, Casey, Centracco, Claridge, Cortopassi, Cram, Cross, Cunetto, Curran, Degenhardt, DeGreef, DeSutter, Detjen, Deutschmann, Dickson, Doyle, Draeger, Driscoll, Willam Duwe, Edelman, Eisner, Faulkner, Wesley Ben Finke, French, Gardner, Gentemann, Gilbert, Grave, Green, Greene, Hamilton, Harlan, Heine, Hentchel,R. F. Hoel, Hughes, Glenn H. Jackson, Jr., Maurice Johansen, Lee W. Kearney, Kelleher, Keller, William Knopf, Kopff, Kromm, Catherine E. Kruger, Launch, Lingeman, Longo, Lovera, Louis, William G. Lucchesi, Doug Massie, Regina Massie, T. J. McGuire, McLaughlin, Meyer, Milford, Miller, O'Keefe, Owen, Pantukhoff, Pickel, Piland, H. W. Reuter,Jr., Elmore Riggs, Aaron Rose, Rosenthal, Saitta, Charles P. Scherrer, Jr., Schroeder, Shields, Snyder, Stienkemyer, Stock, Theis, Attorney Gary L. Vincent, Goree E. Waugh, Eugene R. Wehking, Arthur Werkmeister, Will,
W. G. Williamson, Wroble, John S. Wyrsch, Walter Zimmerman

Saturday, September 8, 2007

Which law firms are Creating the Missouri TDDs?

Check out these law firm websites.

http://www.armstrongteasdale.com/PracticeAreas/BusinessServices/PublicLaw-Finance/

http://www.armstrongteasdale.com/Attorney.php?HrID=0001919 Crestwood developments

How many TDDs? 47 out 98?
How many CIDs?
How many TIFs?

What is the total bond debt?

What is the number of years for each public financing?

Who are the bond sellers? Stifel and Nicholas?

Who are the bond buyers? Property Owners?

What is the maximum sales tax? 1% by Statue? 2%? 3%?

How many TDDs can you have on the same property and in a city?

As long as the shoppers keep coming, the bonds will be selling and paying off their interest!

http://www.gilmorebell.com/About.htm

In 2006, Gilmore & Bell ranked 2nd in the United States in the number of bond counsel opinions rendered on municipal bond issues, acting as bond counsel on approximately 442 issues aggregating in excess of $7.08 billion. According to information published by Thompson Financial Securities Data, in 2005 the Firm ranked 1st in the Midwest Region, both in number and dollar volume of long-term state and local government bond issues.

http://www.cohgs.com/

http://www.husch.com/NET/Public/Site/practice/area.aspx?pa=8 Land Use TDD

http://www.husch.com/NET/Public/Site/people/attorney.aspx?id=12764
City of Crestwood, Missouri (Alderman, 1998-2004 and Board of Adjustment, 2004-2006)

http://www.lewisrice.com/lewisrice/attorneys/Attorney_Resume.asp?key=RGOLTERMAN
City Attorney, City of Crestwood, Missouri

Friday, September 7, 2007

9/13/07 9 AM Crestwood Point TDD Meeting

What time will the Crestwood Point TDD bonds be sold and for how?

Who is the bond holder?

Tentative agenda for the September 13th Crestwood Pointe TDD at 9:00 a.m.

1.Opening

2. Nomination and election of chairman and secretary for the meeting

3. Review and acceptance of share ledger

4. Old Business

A.) Approval of minutes of the meeting of the owners of real property held on December 19, 2006
5. New business

A.) Nomination and election of successor director to the district’s board of director’s to serve a three-n year term as successor director to Frank Myers whose term expired on May, 2007.

6. Adjournment

Copies of the meeting notice are available from Sandy Mohrmann, Development Dynamics LLC

636-561-8602
Helen Ingold
Executive Secretary
City of Crestwood

Thursday, September 6, 2007

8/21/07 Residential Tax for a large Commercial Pool

Rosebrook Realestate Company/Crestwood Swim Club
1475 S. Sappington Rd 63126

http://revenue.stlouisco.com/ias/
Click on BOE Decision Letter pdf to view the following:

Saint Louis COUNTY REVENUE

Charlie A. Dooley
County Executive

Eugene K. Leung
Director of Revenue

ROSEBROOK REALESTATE COMPANY
P O BOX 260083
SAINT LOUIS MO 63126 August 21, 2007

Locator No. Sch/Sub
25M621280 138DD

NOTICE
Section 138.060.1 RSMo 2000 states "The County Board of Equalization shall in a summary way,determine all appeals from the valuation of property made by the Assessor, and shall correct and adjust the assessment accordingly."

The St. Louis County Board of Equalization (Board) has reviewed all evidence submitted regarding your appeal (No. B070107863) and has determined the valuation of your property for 2007 is as follows:
Appraised Value by Assessor was: Appraised Value by Board is:

Residential : $368,300 Residential: $325,000
Commercial : $0 Commercial: $0
Agricultural : $0 Agricultural: $0
Total Appraised : $368,300 Total Appraised: $325,000

You have the right to file an appeal with the State Tax Commission (STC). If you choose to appeal you should use the enclosed postcard to request the appeal form(s) from the STC or download them from their web site: http://www.stc.mo.gov/forms_legal.htm. A separate appeal form is required for each Locator Number.

If you requested appeal form(s), the STC will mail the form(s) to you along with instructions as to how to fill out your completed form(s). The completed appeal form(s) must be filed (delivered or mailed) no later than thirty (30) days after the above date of notice.

The State Tax Commission Hearing will be held in the St. Louis Government Center, 41 S. Central Avenue Clayton, Missouri. You will be informed of the date and time of your hearing.

Sincerely,
St. Louis County
Board of Equalization
Mary Elizabeth Dorsey, Chairman

Board of Equalization 41 South Central Avenue, Saint Louis, MO 63106
PH 314-615-7195 FAX 314-615-3746

07/19/07 Press Release on Missouri TDDs

Did you see this press release from Jefferson City, Missouri?

http://auditor.mo.gov/news/20070719tdd.htm

FOR IMMEDIATE RELEASEThursday July 19, 2007

CONTACT: Samantha Brewer, Public Affairs Coordinator(573) 751-5313E-mail: Samantha.Brewer@auditor.mo.gov

“In their current form, Missouri's TDDs are about as close as you can get to taxation without representation,” State Auditor Susan Montee said. "The General Assembly needs to take action or Missourians will continue to pay these higher taxes with little or no input into what they are paying or how their money is spent."

(JEFFERSON CITY, MO) – Today, Missouri State Auditor Susan Montee released an audit of Transportation Development Districts (TDDs). As of December 31, 2005, 98 TDDs had been established in Missouri, including 29 established in 2005. An additional 22 were established in 2006. While previous audit of TDDs (SAO Report No. 2006-12, issued March 2006) reported various issues in the areas of public awareness/involvement, accountability, and compliance, the 2007 General Assembly made only one change to the TDD statutes addressing issues reported in the prior audit.

TDDs are established for the construction of transportation-related projects, and governed by a board of directors with the authority to impose sales taxes within that district to pay those costs. In 95 percent of the districts the property owner/developer petitioned for its creation. All of the districts have additional sales tax on retail items sold within the districts' boundaries imposed by the property owner/developer. This results in higher sales tax than the retail establishments outside the district's boundaries. The TDDs are created without public input and sales tax is increased without a public vote.

Officials or representatives of 97 of the TDDs reported total estimated transportation project costs of over $923 million, while 87 of those TDDs reported total estimated revenues of over $1 billion would be collected over the lives of the TDDs.

The current audit found issues in the areas of construction contracts and project management, professional services, budgetary matters, and financial reporting. Competitive bids were either not solicited or appropriate bidding procedures could not be determined. Written contracts related to the construction or construction management services were not always prepared or approved in a timely manner. Requests for proposals for various professional services were either not properly solicited or documentation was not available to provide assurance that such proposals were solicited.

Various matters were noted related to transportation projects costs claimed for reimbursement by developers. For example, it appeared the costs claimed by a developer for reimbursement were included twice, overstating reimbursement requests by approximately $123,800. In addition, in one district, customers of the major retailer in the district were incorrectly charged sales tax at a rate higher than that approved by the district for an 8-month period, resulting in an overpayment of sales taxes by the retailer to the district of approximately $60,000 for this time period.

Considerations and Enumeration for new Crestwood Swim Club

$1.00 for considerations of easements - check what the affidavit states!

Easements are Perpetuity which means indefinite

Enumeration was the $1.00 - check what the affidavit states!

Why would Alderman Miguel believe Attorney Robert Klahr's interpretation?

THF Realty didnot buy the 2nd parcel but wants $295,000 - Why?

Why would THF Realty not record the 2nd parcel in order to receive the $295,000?

Is it THF Realty's mistake not to get their money because they forgot to record a deed?

How long has THF Realty been in the real estate business?

Rosebrook Real Estate Company/Crestwood Swim Club got top dollar on both of their parcels by had the city's board voting their way!

Marquis's two homes were on the City's parking lot.

All for a Safe Pool?

Easements for $1.00 for 50 Parking Spaces of Crestwood Swim Club

$850,000 for two parcels to THF Realty from Rosebrook Real Estate/Crestwood Swim Club

$ 1.00 for 50 parking spaces and easements from Rosebrook Real Estate/Crestwood Swim Club to City of Crestwood

$ 1.00 easements to build free sewers, water lines, electric lines, and telephone lines

deck stacked with elected and appointed City of Crestwood Officials - Gary Vincent, James Kelleher, Christopher Pickel, Matt Green, Pat Duwe, Richard Breeding --- collectively exceed Crestwood Conflict of Interest Ethics Amount

$295,000 for no deed transfer of 50 parking spaces to THF Realty

All reimbursed from Crestwood Point TDD, Crestwood Point CID, and THF TIF Crestwood Development Point, L.L.C.

Question to MO Attorney General, Jay Nixon

To Missouri Attorney General, Jay Nixon,

How can anything be evaluated if only an "elected or appointed official of the state of Missouri upon questions of law relative to their respective offices or the discharge of their duties" can request a matter under review because they will not implicate themselves?

Wednesday, September 5, 2007

Who has a copy of the $1.00 and $675,000 check to Rosebrook RE?

Has anyone seen the $1.00 check from City of Crestwood to the Rosebrook Real Estate Company/Crestwood Swim Club?

Has anyone seen the $675,000 check from THF Realty to the Rosebrook Real Estate Company/Crestwood Swim Club?

Mystical Place called Crestwood Swim Club/Rosebrook Real Estate

Crestwood Swim Club/Rosebrook Real Estate Company is called a Mystical Place because it is so "safe".

Who pays the utilites for Crestwood Swim Club/Rosebrook Real Estate?

Which company has paid for all of the utilities and easements for the old and new Crestwood Swim Club/Rosebrook Real Estate Company?

Has the City of Crestwood been paying for all of the utilities?

Was the $1.00 for the deed transfer from Rosebrook Real Estate to the City of Crestwood for the utility easements for an indefinite period of time?

Tuesday, September 4, 2007

1998 Kohls Redevelopment Area includes Rosebrook Real Estate/Crestwood Swim Club




"The boundaries of this Area are the eastern right-of-way of Sappington Road on the east; the southern right-of-way of Watson Road on the south; the common property lines with Watson Plaza Shopping Center on the west; the Crestwood City Hall, St. Louis County Water Company water towers, and the private swimming pool (owned by Rosebrook Real Estate/Crestwood Swim Club) and tennis facility (owned by Rosebrook Real Estate/Crestwood Swim Club)on the north."
What was the reason for not recording the deed transfer from Rosebrook Real Estate Company/Crestwood Swim Club to THF Realty for the 50 parking spaces?
What are the fringe benefits for Rosebrook Real Estate Company/Crestwood Swim Club to sell 50 parking spaces for $1.00 to the City of Crestwood instead of transferring the deed to THF Realty?
4-20-2007 Board Hears Crestwood Point Amendment by Eileen P. Duggan
"A related Community Improvement District includes construction of water lines, sanitary and storm sewers, curbs, gutters and sidewalks serving Kohl's. The CID has imposed a real estate tax of $3 per $100 assessed valuation on the property, and those taxes fund the infrastructure projects."

What are the fringe benefits for the $1.00 deed transfer from Rosebrook Real Estate/Crestwood Swim Club to the City of Crestwood instead of transferring the deed to THF Realty? If the deed was transferred to THF Realty, then would Rosebrook Real Estate/Crestwood Swim Club have to pay for all new sanitary and storm sewers, curbs, gutters, and sidewalks, parking, and security? Would this cost around $650,000 or more?

Crestwood Swim Club received $12,000 from City of Crestwood for parking spaces







City of Crestwood Ordinance 1351 for Rosebrook Real Estate Company aka Crestwood Swim Club ..for the total sale price of Twelve Thousand Dollars and 00/100 ($12,000) on the following terms:...
4. Purchaser shall have the right to provide lighting, curb and other appertainances to the seller's parking lot
5. Purchaser shall have the right to unrestricted use of seller's parking lot immediately north of the property purchased herein for the purposes of parking personal pleasure motor vehicles only with a 24 hour limitation
6. In consideration of the sale price being in excess of the appraised price or said property sold herein, seller grants to purchaser the first right of refusal for the purchase of the remainder of the seller's entire property including the present parking lot, the property containing the swimming pool and diving pool together with the walkway thereto.
8. It is to the benefit of both parties and they do hereby acknowledge that the free and open use of the adjacent parking lots owned by seller and purchaser will be and is in the best interest of both parties.
9. the seller is to procure the in lease of a certain deed of trust dated May 28, 1962 and recorded August 16, 1962 in Book 4831 Page 302 and recorded in Book 4888, Page 446, the Recorder of Deeds of St. Louis County as it applies to the property herin purchaseed.

"City administrator Kent Leichliter said that the Transportation Development District (TDD) will need to be set up. The TDD establishes special sales tax revenues for this site only, Leichliter said.
"Since Kohl's is expected to use the current swim club site for its parking lot, Kohl's will pay a fractional sales tax," Leichliter said. "This will pay for the cost that goes towards rebuilding the swim club."


Why wasn't property transferred from Rosebrook Real Estate Company aka Crestwood Swim Club to THF Realty?

Why wasn't property transferred from Rosebrook Real Estate Company aka Crestwood Swim Club to THF Realty?

2007-04-24
City Reaches Agreement With Kohl's Project Some residents oppose amendment, claiming that property was never transferred from previous owner by Eileen Duggan

The Crestwood Board of Aldermen on Tuesday held the second reading and approved a bill amending an intergovernmental cooperation agreement for Crestwood Point, the Kohl's Department Store project.

The action was taken by the old board, prior to the swearing in of new members elected April 3.
After the first reading on April 10, the Crestwood Point Transportation Development District board met to decide on the exact amount the district would reimburse the developer, THF Realty, for acquisition of land now used as part of the Crestwood Government Center parking lot.

The TDD Board voted 3-2 to deny THF's request for an additional $37,119 and settled on the final amount of $295,000. By direction of that board, the aldermen removed a clause in the amended agreement that may have left room for additional reimbursement.

Some citizens opposed the amendment on the grounds that the property was never actually transferred from the previous owner, Rosebrook Real Estate, to THF. Jerry Fredieck and Faye Clark spoke against the issue, the latter on behalf of Catherine Barrett, who was out of town.
Robert Klahr of Armstrong Teasdale, the attorney for the TDD board, acknowledged that that is technically true, but said he, the current TDD Board and City Attorney Rob Golterman had determined from the available evidence that THF had originally intended to purchase two parcels from Rosebrook and transfer one of them to the city.

The other lot, which is now the Kohl's back parking lot, was the site of Rosebrook's Crestwood Swim Club, a private facility. According to a 2001 board of aldermen memorandum, the two properties were to be transferred simultaneously at a total cost to THF for both properties of about $850,000.

As it turned out, for reasons unclear to the current TDD board, the transactions actually occurred a week apart in December 2002, Klahr said. The city paid Rosebrook $1 for the two-thirds-acre city lot. In a separate transaction, THF purchased the one-acre pool property, paying Rosebrook the full $850,000, although the double transfer never occurred, he said.
"It's not perfect," said Klahr. "Yes, there were issues that cast some doubt on the transaction. There probably would have been a better way to handle it (so it would be easier) to determine the amount of reimbursement after the fact. That was the dilemma the TDD board faced."
He characterized the final result, the $295,000, as a "compromise."

"There is a lot of documentary evidence to show the transactions were intended to be linked," Klahr said.

The consideration THF paid was meant to be an inducement for Rosebrook to sell the property, he said. "The $850,000 was meant to be consideration for both properties."

A THF representative to the TDD Board, Ian Silverman, admitted that THF was "dissatisfied" with the final price but that "we wanted to get this matter behind us. We're not standing in opposition to that number."

Mayor Roy Robinson, who is one of three city officials on the five-member TDD board, said the players in the original deal didn't follow proper procedures, and that he would have done it differently if it were happening today.

"None of us on the TDD Board has anything to do with this mess," Robinson said. "(THF is) probably entitled to more than what we approved, but that's the amount we can legally approve."

Miguel and City Administrator Frank Myers are the other city representatives on the TDD board. THF has two members.

Aldermen approved the amended agreement 6-2 with Roby and Nieder voting against.

CLARIFICATION: An April 20 South County Times article inaccurately indicated the city lot alone had originally been priced at $800,000, based on information made available at the April 10 aldermanic meeting. As explained by Klahr above, the greater number more closely represents the presumed price of both properties.

Board Hears Crestwood Point TDD Amendment

2007-04-20
Board Hears Crestwood Point Amendment by Eileen P. Duggan

The Crestwood Board of Aldermen on April 10 gave preliminary approval to an agreement that brings the city a step closer to having its Government Center parking lot renovated.

The board held the first reading of an amendment to the Crestwood Point Intergovernmental Cooperation Agreement that governs funding for the Kohl's Department Store development and the city parking lot project.

"We're trying to get this thing cleaned up so everything is legal," said Mayor Roy Robinson. "We're trying to be fair but frugal for the citizens of Crestwood."

The amendment reduces the amount the tax-funded Crestwood Point Transportation Development District (TDD) and Community Improvement District (CID) boards will repay the developer for acquisition of the parking lot property and authorizes the boards to issue notes or bonds to finance the project.

Essentially, sales tax collected from the Kohl's store will pay for the parking lot acquisition and the renovation work, under a complex financing agreement that helped build the store at Watson and Sappington roads.

In addition to the store, the project includes traffic improvements to the Watson/Sappington intersection and to the Glenwood/Watson intersection; construction of a cross-access road between Kohl's and the neighboring Watson Plaza; and purchase of property for the city parking lot from Crestwood Swim Club and a $631,700 renovation of the lot.

Those projects are funded by a Transportation Development District, and all have been completed except for the parking lot renovation. The TDD collects a special 1 percent tax on all purchases within the Kohl's district in order to pay for the projects.

A related Community Improvement District includes construction of water lines, sanitary and storm sewers, curbs, gutters and sidewalks serving Kohl's. The CID has imposed a real estate tax of $3 per $100 assessed valuation on the property, and those taxes fund the infrastructure projects.

The Intergovernmental Cooperation Agreement allows the TDD and CID boards to issue notes, bonds or other obligations to pay these expenses to the developer, THF Crestwood Point Development. The amended agreement would reduce the amount to be reimbursed to the developer for the parking lot purchase from the original $800,000 to about $295,000 based on a recent appraisal. The exact amount will be negotiated by the next board of aldermen meeting, Robinson said.

Once the financing is completed, the city could make improvements to the parking lot this summer, Robinson said.

The TDD and CID boards are each made up of two representatives from THF Development and three representatives from the city. The current city members are Robinson, City Administrator Frank Myers and Board of Aldermen President Jerry Miguel.

The intergovernmental agreement was first established in November 2003, following a redevelopment agreement with THF in November 2002. Kohl's itself, which opened in October 2003, was built through tax increment financing, also funded by sales tax revenues and governed by a similarly composed board.

Developers can impose their own taxes by MO State auditor Claire McCaskill

St. Louis Post Disptch
This tax brought to you by

03/18/2006

In Missouri, shopping center developers can impose their own taxes without a by-your-leave from voters or the local city council. Not only that, developers can collect the taxes and allocate the money, too.

This outrageous form of taxation without representation has gotten out of hand. The Legislature should convene a little tea party to discuss the state's Transportation Development District law and give it a thorough democratic scrubbing.

Transportation Development Districts have a legitimate purpose. When a big shopping center opens up, it can tie local traffic in knots. A community needs money to widen roads, put up traffic lights and the like, and a TDD can impose taxes for such improvements in a small geographic area. This usually takes the form of a sales tax on shoppers at the shopping center.

Sometimes several shopping center owners get together to improve a traffic-clogged road with a taxing district. Advertisement

In the old days, developers often ponied up for those expenses; road improvements, landscaping and other amenities were part of pitching woo to the local government. Today, like it or not, shoppers -- and not just the folks who live in the municipality where the shopping center is located -- are paying for the roads they drive in on. The rub here lies in who gets to call the shots, and the lack of openness and accountability of the process.

Under the law now, a developer can draw lines around his own development, then petition the court to establish a tax district. Unless someone actually lives on the property, neither voters nor the local aldermen get a say.

Once the district is set up, the developer names a board to set the tax rate. The developer often collects the money and arranges the road contracts, sometimes without any OK from local officials. The state auditor gets to check the books every three years to see that the money is spent properly.

Missouri has a long history of skepticism toward taxes. Two decades ago, voters approved the Hancock Amendment to the Missouri constitution, guaranteeing their right to vote on major tax hikes.

To surrender that right to private interests flies in the face of the expressed sentiment of the people. Municipal governments or local voters should be given a say, both in the tax rate and how it's spent.

Not that taxes would be much different if municipal governments had such power. Municipal officials love retail sales taxes. That's partly because many shoppers live out of town and can't vote them out of office.

Sales taxes also are popular because they are stealthy and confusing for taxpayers. The state, municipalities, fire districts and assorted others pile on sales taxes, which vary widely from one place to another. But all a shopper sees are dollars added to the bill, with no clue as to whose cut is whose.

That brings us to another problem with the current developer-driven process. The transportation district tax is often lumped in with the total sales tax figure. So taxpayers don't realize that they could skip the tax by shopping a few blocks away.

Certainly, a tax imposed by a developer is in a category of its own, and it ought to be noted on the customer's bill.

Transportation development districts have been sprouting like daffodils since 1997, when the law began allowing developers to start their own districts. There are now 26 in the St. Louis area alone.

State auditor Claire McCaskill has done the public a service with her recent report detailing the anti-democratic problems with transportation development districts. The next move belongs to the Legislature.

Monday, September 3, 2007

THF Realty Michael Staenberg Affidavit $295K Crestwood Point TDD



"4. The $850,000 Purchase Price is allocated, $675,000 towards the purchase of the City Parcel and $175,000 towards the THF parcel."
Does this mean that THF owns the City of Crestwood Parking Lot?

Matt Conley Affidavit $295K Crestwood Point TDD





Where is former Mayor Brasfield signature on the Crestwood Internal Memo?
Where is former Mayor Brasfield affidavit?

Sunday, September 2, 2007

Attorney Gary Vincent Affidavit $295K Crestwood Point TDD





Where is former Mayor Brasfield signature on the Crestwood Internal Memo?
Where is former Mayor Brasfield affidavit?

Can you add to the Crestwood Point TDD without being listed in the Transportation Project Exhibit

Subject: Judge Crancer letter dated 7/18/06 for Kohl's TDD

On July 18, 2006, I hand delivered the following letter to Judge Crancer clerk for her review.
July 17th, 2006

To: The Honorable Barbara Ann Crancer, Circuit Judge

Re: Cause No. 03CC-000941 Division 31 Filed May 15, 2003

IN RE THE CREATION OF THE CRESTWOOD POINT TRANSPORTATION DEVELOPMENT DISTRICT, AND CITY OF CRESTWOOD, MISSOURI JUDEMENT AND ORDER ORGANIZING A TRANSPORTATION DEVELOPMENT DISTRICT IN THE CITY OF CRESTWOOD, MISSOURI

I am questioning the five items listed in Exhibit D for this Transportation Project. Presently, THF Realty is planning on including the purchase price of $850,000 for the Crestwood Swimming Club pool property which was owned by Rosebrook Real Estate Company within this TDD.

After reviewing item a. through item e., I noticed how the purchase of a private swim club which has stockholders is missing from this list.

Can you add additional items to this transportation list without going back through the courts?

What is the process for adding additional items to the transportation list that is created by our Circuit Court in St. Louis County?

Is this legal to add additional projects to a TDD? As of today, the CID, TDD, and TIF bonds for the Kohl’s project in Crestwood have not been sold.

Also, I am researching if Richard P. Moore, a St. Louis County Clerk was an employee of the St. Louis County at 41 South Central Avenue Clayton Missouri 63105. Richard P. Moore name is on the Petition for the Creation of a Transportation Development District for Division 31. I am verifying who certified these legal documents.

Crestwood Point TDD audit request - What are the benefits for Crestwood Swim Club?

Transportation district audit is sought in Crestwood
By Phil Sutin Of the Post-Dispatch
02/10/2005

Residents allege public funds are being used improperly
Two Crestwood residents have asked the state auditor's office to audit a transportation development district that assisted in the development of a Kohl's department store at the northwest corner of Watson and Sappington roads.

Plans for the district call for it to spend $3,036,719. It imposed a 1 percent sales tax on stores in the district to retire bonds that could have a life of up to 40 years.

The state auditor's office this year will audit such districts throughout the state, said Glenn Campbell, a spokesman for the office. He would not say whether the district in Crestwood would be among those studied. The staff is working on a scope of work for the statewide audit, he said. State law requires the office to audit transportation development districts every three years, he said.

Requesting the audit in Crestwood were Roger Anderson, who has been seeking a state audit of that city's government, and Catherine Barrett, a resident who lives near the project area.
In a letter they sent to State Auditor Clare McCaskill last December, the two claimed public funds have been used improperly.

"We believe these matters are serious enough to require an audit and an investigation by the appropriate authorities," they said in the letter.

The two also want the auditor's office look into tax increment financing and a community improvement district that mainly financed water and sewer improvements related to the Kohl's project.

Crestwood City Administrator Don Greer said the transportation development district is not part of the city government. He referred a reporter to James Mello, an attorney who was involved in establishing the district. Mello said he could not comment because he had not seen the letter.

Barrett provided copies of documents that showed the transportation development district had expected to spend $800,000 to help the Crestwood Swim Club relocate from the Kohl site a short distance to a site north of City Hall. The department store needed some of the swim club property for parking.

She also pointed out that the district set aside up to $30,000 to lend to Crestwood to help it and Sunset Hills establish a transportation development district to beautify Watson Road from Sappington Road to South Lindbergh Boulevard if the two cities decided to undertake such a project. The loan has not been made. Neither of the expenditures was in the district plan when St. Louis County Circuit Judge Barbara Ann Crancer established the district on May 15, 2003.

"We question the need for the purchase of a 'private' swim club and the excessive payment," the letter said.

Greer said officials had "a flash of a discussion" about the Watson Road project two years ago when the state Legislature authorized large-scale, multi-municipality transportation development districts. Officials have not discussed the idea since then, he said.

The swim club opened the pool at its new location last July. Barrett said she lives downhill from the club's new site, and that people there shout at her when she is in her yard.
"I can't go in my back yard," she said. "I have no privacy. I feel like an animal at the zoo."
Anderson and Barrett also questioned the validity of two items in the transportation development district plan.

One is spending up to $635,000 to rebuild a parking lot at City Hall. That building is within the district. The second is a payment to G.J. Grewe Inc., developer of the Watson Plaza shopping center, for access between it and Kohl's.

Greer said the district has spent no money on the parking lot.
Reporter Phil Sutin E-mail: psutin@post-dispatch.com Phone: 314-863-2812

Why $295K reimbursement for No money on the parking lot?

"No money on the parking lot" then why the $295K reimbursement with Crestwood Point TDD?

State is asked to audit Crestwood transportation district
By Phil Sutin Of the Post-Dispatch02/10/2005

Residents requesting action say public funds are being used improperly Two Crestwood residents have asked the state auditor's office to audit a transportation development district that assisted in the development of a Kohl's department store at the northwest corner of Watson and Sappington roads.

Plans for the district call for it to spend $3,036,719. It imposed a 1 percent sales tax on stores in the district to retire bonds that could have a life of up to 40 years.

The state auditor's office this year will audit such districts throughout the state, said Glenn Campbell, a spokesman for the office. He would not say whether the district in Crestwood would be among those studied. The staff is working on a scope of work for the statewide audit, he said. State law requires the office to audit transportation development districts every three years, he said.

Requesting the audit in Crestwood were Roger Anderson, who has been seeking a state audit of that city's government, and Catherine Barrett, a resident who lives near the project area.
In a letter they sent to State Auditor Clare McCaskill last December, the two claimed public funds have been used improperly.

"We believe these matters are serious enough to require an audit and an investigation by the appropriate authorities," the letter said.

The two also want the auditor's office look into tax increment financing and a community improvement district that mainly financed water and sewer improvements related to the Kohl's project.

Crestwood City Administrator Don Greer said the transportation development district is not part of the city government. He referred a reporter to James Mello, an attorney who was involved in establishing the district. Mello said he could not comment because he had not seen the letter.

Barrett provided copies of documents that showed the transportation development district had expected to spend $800,000 to help the Crestwood Swim Club relocate from the Kohl site a short distance to a site north of City Hall. The department store needed some of the swim club property for parking.

She also pointed out that the district set aside up to $30,000 to lend to Crestwood to help it and Sunset Hills establish a transportation development district to beautify Watson Road from Sappington Road to South Lindbergh Boulevard if the two cities decided to undertake such a project. The loan has not been made.

Neither of the expenditures was in the district plan when St. Louis County Circuit Judge Barbara Ann Crancer established the district on May 15, 2003.

"We question the need for the purchase of a 'private' swim club and the excessive payment," the letter said.
Greer said officials had "a flash of a discussion" about the Watson Road project two years ago when the state Legislature authorized large-scale, multi-municipality transportation development districts. Officials have not discussed the idea since then, he said.

The swim club opened the pool at its new location last July. Barrett said she lives downhill from the club's new site, and that people there shout at her when she is in her yard.
"I can't go in my back yard," she said. "I have no privacy. I feel like an animal at the zoo."
Anderson and Barrett also questioned the validity of two items in the transportation development district plan. One is spending up to $635,000 to rebuild a parking lot at City Hall.

That building is within the district. The second is a payment to G.J. Grewe Inc., developer of the Watson Plaza shopping center, for access between it and Kohl's.
Greer said the district has spent no money on the parking lot.

Reporter Phil Sutin E-mail: psutin@post-dispatch.com Phone: 314-863-2812

Crestwood Point TDD - "Developers need more oversight, audit finds" article

Developers need more oversight, audit finds
By Elisa Crouch
St. Louis Post-Dispatch 08/12/2007

Problems • No-bid contracts, poor record keeping and overtaxing.
Effects • Taxes for road projects could be in place longer than expected.

A Missouri auditor's examination of special taxing districts used by developers to raise money for road improvements has revealed problems across the state, such as no-bid construction contracts that violate state law and poor record keeping.

In an audit of 17 of these districts, Missouri Auditor Susan Montee said some contracts were awarded to companies run by board members. In another district, a retailer overtaxed customers. Records weren't available in some cases, and in others, the taxes collected by the developers aren't enough to cover the cost of the transportation projects. This means taxes could be in place for years longer than initially expected.

"The single issue is total lack of public notice and oversight," Montee said. "Any time you're taking public monies, someone needs to be able to look over them."
Developers are levying their own taxes at more than 122 shopping centers across Missouri, to pay for things like new traffic signals leading into parking lots, wider roads and, sometimes, the parking spaces themselves.

In the St. Louis area, the additional taxes are being assessed at more than 45 retail centers, such as the Shoppes at Cross Keys in Florissant, the Promenade in Brentwood and Boschert's Landing in St. Peters. The amount ranges from an extra one-eighth to 1 percent on every dollar spent. State law stipulates that the money be spent on transportation-related expenses.
The tax is listed on receipts at a few stores as TDD, for transportation development district. But in most cases, it's either listed as an additional local tax or blended into state and local sales taxes.

Many shoppers are unaware they're paying higher taxes at these retail centers.
In interviews last week, some were unhappy to learn that districts aren't always looking for the lowest bidder, which could reduce project costs and end the tax sooner.
"It's money out of each of our pockets," said Kathleen Gundlach of Fenton, who was shopping Thursday at stores in one of several special taxing districts along Highway 141. "It shouldn't be spent like that."

LOOSE LEGISLATION
Transportation development districts have been around since 1997, the year that the Legislature eased the requirements on establishing them.
Forming a district requires no approval from nearby voters or elected officials. Property owners simply file a petition in circuit court, in the same county as the proposed district. A judge determines whether to grant the request.

Taken together, the districts' spending power is big. Montee's report said the districts statewide had $923 million in projects either done, under way or planned. Montee found no abuses in the projects themselves — all qualified as transportation projects.
For most cities, the districts have been a boost. They've paid for the Pearce Boulevard-Wentzville Parkway interchange in Wentzville and a two-story parking garage near Gore and Lockwood avenues in Webster Groves.

The 1 percent tax shoppers pay at stores in the Meridian at Brentwood center helped to pay for the widening of Eager Road to five lanes from two, and replaces a bridge that passes over MetroLink right of way.

In south St. Louis County, the half-percent tax charged at the Costco and Target retail development is paying for $12 million in improvements to Elm Road, Bi-State Industrial Drive and St. John's Church Road.
"They help pay for needs that otherwise might be a financial burden," said Tryla Brown, economic and community development manager for Crestwood, which has three of these districts.

In most cases, a city or county official sits on the district's board of directors, to provide some local oversight. Nevertheless, the audit revealed the following:
— The Hanley-Eager Road district in Brentwood, known as the Meridian shopping center, in 2003 awarded a $5.4 million construction contract to the company owned by the transportation district's treasurer.
The district advertised for bids, but received only one, from the treasurer's company. The audit did not identify the treasurer or the company. The district did not respond to the charge.
— A transportation district called CentreState in Columbia, Mo., paid $709,900 to a board member's engineering firm. Another district, Lake of the Woods, paid a board member's company $7,320 for architectural services.
— Home Depot, the only retail store in the Interstate 70 and Adams Dairy Parkway district, in Blue Springs near Kansas City, incorrectly charged a 1 percent sales tax on retail sales for eight months starting in September 2003, when the district should have imposed only a half-percent. The amount of overpayment was about $60,000, the state report says.

— The Crestwood Point district levies a 1 percent sales tax at Kohl's at Sappington and Watson roads in Crestwood to pay for $3 million in projects. One of those projects is rebuilding City Hall's parking lot across the street, which required buying land from the Crestwood Swim Club. The audit said the property deed was transferred improperly to the city, rather than to the district first.
"Ultimately, it was the developers' responsibility," said Robert Klahr, attorney for Crestwood Point. "They acquired it but not in a way that was initially described to the Board of Aldermen."

STRONGER OVERSIGHT
Catherine M. Barrett, a Crestwood resident, has been urging legislators to make it easier for citizens to track how districts spend money. To examine records from districts in Crestwood, she's had to travel to attorney's offices in downtown St. Louis, where they're stored.
"This is public sales tax money," she said. "Until we get accountability, how do we know where these sales tax dollars are going?"

All 17 districts audited were cited for irregularities. Other area districts examined in the report are: the Meramec Station Road and Highway 141 district in Fenton, the 370/Missouri Bottom Road/Taussig Road district in Hazelwood, St. John's Church Road district in St. Louis County and Shoppes at Cross Keys in Florissant.

Montee said her office plans to audit more districts next year. She expects to find similar problems, she said. She hopes the Legislature increases oversight of these districts, which she says would lead to accountability and a stronger certainty that tax dollars are being spent as they should.

In 2006, then-Auditor Claire McCaskill reported that without stronger oversight, transportation development districts have the potential for abuse.
"We've got an increasing number of these coming on board, so you're likely to have a whole area of grossly increased taxes," Montee said. "Do we want to have an increased number of districts out there without adequate controls on there?"
ecrouch@post-dispatch.com 314-340-8119

How can THF Realty receive $295K with No deed transfer from City of Crestwood?

How can THF Realty receive $295,000 with No deed transfer from City of Crestwood pertaining to Crestwood Swim Club aka Rosebrook Real Estate Company 50 parking spaces?

"At some point in the near future, the Crestwood Point TDD board will hold a meeting to vote on issuing bonds for the Kohl’s project. One of the transactions to be reimbursed by the bond issue is THF’s acquisition of property from Rosebrook Real Estate.

I have read all the material related to this transaction and am still confused as to why the city’s representatives on the TDD board and the City Attorney would agree that THF should be reimbursed $295K for a piece of property THF clearly never purchased.

I already discussed with one of the TDD board members his reason for approving this amount, and could not have been more dissatisfied, so I am asking you Mr. Mayor, as well as the City Administrator and the City Attorney: what am I missing?

Why would the city agree to be a willing participant in a deal that gives THF license to steal $295K from the TDD?

Is Crestwood in the business of offering public money as a consolation prize to developers and law firms who make mistakes?

The TDD board’s legal counsel, Robert Klahr, presented an opinion which is nothing more than an obfuscation of the facts. He supports his version of events with three affidavits so full of misrepresentations that they are meaningless. Additionally, he uses a non-contemporaneous memorandum written by a former mayor as proof that THF really did buy a piece of property that just happens to be completely missing from the original sales contract.

Mr. Klahr would have us believe that we should determine what was bought NOT from the original sales contract, but from three affidavits and an internal memorandum. He would also have us believe that the two parties to the transaction, both of whom were no strangers to real estate deals, somehow completely overlooked the fact that the most important piece of property (the one for which THF could be reimbursed) was not in the sales contract.

Furthermore, he would have us believe that the $850K price agreed upon reflected the seller’s inducement for the buyer to acquire not one, but two properties.

If the seller was so intent on selling two properties, how could he have signed a contract that excluded one of those properties?

To explain away the facts required an audacious and improbable story; Mr. Klahr provided it, and in a move that defies all logic, the TDD board bought it.

It is absolutely infuriating to stand here powerless to do anything except express my complete and utter disbelief that while “on your watch” Mayor Robinson, you are allowing a developer to steal $295K from the TDD, and in so doing extend the life of the 1% TDD sales tax at Kohl’s.

The city, with a majority on the TDD board, would have been completely within its rights to exclude all of the $850K THF sought to be reimbursed for its property acquisition and yet here we are handing over public money to a private developer for property HE NEVER PURCHASED.

Mayor Robinson, you owe the residents of this city and Kohl’s shoppers an answer, because Mr. Klahr’s fairytale of an explanation simply doesn’t cut it.

What is the real reason the city agreed to negotiate with THF?"Delivered by Martha Duchild on 8/28/07 at the BOA meeting. Also remarks reference PGAV and the Missouri Supreme court were made at the same meeting! Ask for the meeting transcript!

MO State Auditor, Susan Montee, CPA July 2007

http://www.auditor.mo.gov/press/2007-28.pdf

Crestwood Point TDD
on page 53 to page 57

on page 55 "In addition, the 0.7 acre parcel acquired by the city was deeded directly to the city from the owner of the swim club rather than being deeded from the owner to the developer and then to the city. In an effort to clarify the circumstances surrounding this transaction, affidavits were obtained from representatives of the swim club, the developer, and the city which stated that the $850,000 paid by the developer to the owner of the swim club was consideration for both the conveyance of the 1 acre parcel to the developer and the conveyance of the 0.7 acre parcel to the city."

city is City of Crestwood http://www.ci.crestwood.mo.us/

swim club is Rosebrook Real Estate Company aka Crestwood Swim Club http://www.crestwoodswimclub.com/

developer is THF Realty http://www.thfrealty.com/