Sunday, September 2, 2007

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!

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