A portion of the documents previously provided in response to your earlier requests are also responsive to this request. A few of the documents you requested are closed pursuant to Section 610.021(1), and are therefore not being included. If you have not already done so, please remit payment in the amount of $153. For copies (481 pages @ $. Per page + $11.00 per hour for I hour of duplicating time) and research ($18. Per hour for five hours of research time)
A portion of the documents previously provided in response to your earlier requests are also responsive to this request. A few of the documents you requested are closed pursuant to Section 610.021(1), and are therefore not being included. If you have not already done so, please remit payment in the amount of $153. For copies (481 pages @ $. Per page + $11.00 per hour for I hour of duplicating time) and research ($18. Per hour for five hours of research time)
A portion of the documents previously provided in response to your earlier requests are also responsive to this request. A few of the documents you requested are closed pursuant to Section 610.021(1), and are therefore not being included. If you have not already done so, please remit payment in the amount of $153. For copies (481 pages @ $. Per page + $11.00 per hour for I hour of duplicating time) and research ($18. Per hour for five hours of research time)
Enclosed please find documents responsive to your June 30 request pursuant to the Missouri Sunshine Law, Chapter 610. A portion of the documents previously provided in response to your earlier requests are also responsive to this request.
As we discussed by telephone, copies of responsive emails are being provided to you without attachments due to the volume of material involved. We are happy to provide you hard copies of any specific attachments upon request. In addition, a few of the documents you requested are closed pursuant to Section 610.021(1), and are therefore not being included.
As requested, we can confirm that the copy of the application you previously received was the final application for 2009 Distressed Area Land Assemblage Tax Credits submitted by the applicant.
Finally, if you have not already done so, pursuant to Section 610.026, RSMo, please remit payment in the amount of $153.95 for copies (481 pages @ $.10 per page + $11.00 per hour for I hour of duplicating time) and research ($18.97 per hour for five hours of research time) necessary to fulfill your request. Please send your check made payable to the "State of Missouri" to my attention at the Missouri Department of Economic Development, 301 W. High Street, P.O. Box 1157, Jefferson City, MO 65102.
If you have any questions or if there is any additional information I can provide, please feel free to contact me at 573-751-5097.
~
Chris Pieper
Acting General Counsel & Custodian of Records Department of Economic Development
301 W. High st. • P.O. Box 1157 • Jefferson City, MO 65102-1157 www.ded.mo.gov • (573) 751-4962 • Fax (573) 526-7700 Real People. Real Opportunity.
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Perry, Ann
Subject:
Location:
FW: Updated: Land assemblage call Call
Start:
End:
Show Time As:
Wed 2/3/2010 8:00 AM Wed 2/3/2010 9:00 AM Tentative
Recurrence:
(none)
Meeting Status:
Not yet responded McKee, Chris
Organizer:
Karen, the project has asked if you would be available to discuss the 2010 issuance on our weekly conference call. let me know if you are not ready to discuss or have a conflict and I'll let them know. Thanks, Ann
-----Original Appointment-----
From: McKee, Chris [mailto:cpmckee@optimusdev.com] Sent: Wednesday, January 27, 2010 8:50 AM
To: McKee, Chris; Hemenway, Sallie; Perry, Ann; Pauley, Mark; Drinkard, Mark; Kurt Schulte; Louis Berra Cc: Kurt Schulte
. Subject: Updated: Land assemblage call
When: Wednesday, February 03,20108:00 AM-9:00 AM (GMT-06:00) Central Time (US & canada). Where: call
866.699.3239 ID 64133971
1
Perry, Ann
From:
Sent:
To:
Subject:
McKee, Chris [cpmckee@optimusdev.com] Tuesday, March 16; 2010 6:02 PM
Perry, Ann; Hemenway, Sallie; Pauley, Mark RE: DALA Credits
Ann:
Any update on this issue? The most pressing one for us Is the balance of the 2009 credits. Thanks.
em
From: Perry, Ann [mailto:ann.perry@ded.mo.gov] Sent: Thursday, March 11, 2010 1:16 PM
To: McKee, Chris; Hemenway, Sallie; Pauley, Mark Cc: Kurt Schulte; Drinkard, Mark
Subject: RE: DALA Credits
Chris,
The decision was made to delay the credits. I am understanding that the issuance of the balance of 2009 and 2010 are still under review. I will try to get clarification on this.
Thanks, Ann
From: McKee, Chris [mailto:cpmckee@optimusdev.com] Sent: Thursday, March 11,2010 11:57 AM
To: Hemenway, Sallie; Perry, Ann; Pauley, Mark Cc: Kurt Schulte; Drinkard, Mark
.Subject: DALA Credits
I understand that there has been a decision on the delay of the tax credits. Buf, I still believe if is very important to finalize what is still owed to NorthSide from the balance of the 2009 dollars and the 2010 requests. , would like to have this put to bed so fhat when the time came for the release. that we did not have to go through the mad scramble. Are there any reasons why this could not happen? Please let me know.
Chris
1
Perry, Ann
Subject:
Location:
Start:
End:
Recurrence:
Meeting Status:
Organizer:
Required Attendees:
Optional Attendees:
866.699.3239
10 64J33971
. Updated: DALA Credits Meeting/NorthSide Conference Call
Fri 4/16/2010 10:00 AM Fri 4/16/201012:00 PM
(none)
Accepted McKee, Chris
Drinkard, Mark; Kurt Schulte; Ness, Irvin; Hemenway, Sallie; Perry, Ann; Pauley, Mark Kurt Schulte
1
Perry, Ann
Subject:
Location:
FW: Updated: Land assemblage call Call
Start:
End:
Show Time As:
Wed 2/3/2010 8:00 AM Wed 2/3/2010 9:00 AM Tentative
Recurrence:
(none)
Meeting Status:
Not yet responded McKee, Chris
Organizer:
Karen, the project has asked if you would be available to discuss the 2010 issuance on our weekly conference call. Let me know if you are not ready to discuss or have a conflict and I'll let them know. Thanks, Ann
-----Original Appointment-----
From: McKee, Chris [mailto:cpmckee@optimusdev.comJ Sent: Wednesday, January 27,20108:50 AM
To: McKee, Chris; Hemenway, Sallie; Perry, Ann; Pauley, Mark; Drinkard, Mark; Kurt Schulte; Louis Berra Cc: Kurt Schulte
Subject: Updated: Land assemblage call
When: Wednesday, February 03; 2010 8:00 AM-9:00 AM (GMT-06:00) Central Time (US & Canada). Where: Can
866.699.3239 10 64133971
1
Perry, Ann
Subject:
Location:
Updated: Land assemblage call Call
Start:
End:
Show Time As:
Wed 1/20/20108:00 AM Wed 1/20/20109:00 AM Tentative
Recurrence:
(none)
Not yet responded McKee, Chris
Meeting Status:
Organizer:
866.699.3239 10 64133971
1
Perry, Ann
Subject:
Location:
Updated: Land assemblage call Call
Start:
End:
Show Time As:
Wed 1/20/20108:00 AM Wed 1/20/2010 9:00 AM Tentative
Recurrence:
(none)
Meeting Status:
Not yet responded McKee, Chris
Organizer:
866.699.3239 10 64133971
1
Perry, Ann
Subject:
Location:
Start:
End:
Recurrence:
Meeting Status:
Organizer:
Required Attendees:
866.699.3239 10 64133971
Updated: Updated: Land assemblage call Call
Wed 2/24/2010 8:00 AM Wed 2/24/2010 9:00 AM
(none)
Accepted McKee, Chris
Hemenway, Sallie; Ness, Irvin; Perry, Ann; Pauley, Mark; Drinkard, Mark; Kurt Schulte; Gray, Keisha; Winn, Karen; Kurt Schulte; Louis Berra; Hemenway, Sallie; Perry, Ann; Pauley, Mark; Kurt Schulte; Gray, Keisha; Winn, Karen; Kurt Schulte; Louis Berra
1
It emenway, Sallie
From:
Sent:
To:
Cc:
S~bject:
Atiachments:
Drinkard, Mark [mdrinkard@mc-eagle.comj Thursday, January 21.201010:41 AM Hemenway, Sallie
JE 12362.pdf; JE 12826.pdf; JE 13654.pdf; JE 11754.pdf; JE 11457.pdf; 1558_001.pdf; JE 13190.pdf; Allston Alliance.pdf
Attached are the above 4 invoices. Also, these were all paid by loan draw. Here is a detail. of the loan balance and the draws during that year, along with reference to the attached backup to prove out the bata nces. This way, you can see through external documentation, that the loan balance was increased for the amounts of the above interest payments. More to come backup to come.
Attached are the above 4 invoices. Also, these were all paid by loan draw. Here is a detail of the loan balance and the draws during that year, along with reference to the attached backup to prove out the balances. This way, you can see through external documentation, that the loan balance was increased for the amounts of the above interest payments. More to come backup to come.
Mark Drinkard, C.P.A. Senior Property Accountant McEagle Properties, LLC
ph: (636) 561-9323
fx: (636) 561-9301
1
----."------------.---- .. -.----.-~.~.--
From: Hemenway, Sallie [mailto:sallie.hemenway@ded.mo.gov] Sent: Wedne~day, January 20, 20106:08 PM
JE 18946 - Cover page is from Bank of Washington showing total due through 9/8/09 for 36,934.48 from Salvador (Babcock Sister Entity). Signed letter from BofW is proof of payment.
Mark Drinkard, C.P.A. Senior Property Accountant McEagle Properties, LLC
From: Sallie Hemenway [mailto:shemenwayl@gmail.com] Sent: Monday, January 18, 213113 7:24 AM
To: KSchulte@cpdcdrg.comj Drinkard, Mark
Cc: Ann perry; mark.pauley@ded.mo.gov; Sallie Hemenway Subject: Addl source Docs
Sending this from home since today is a holiday. Here is a list that will make our source docs complete:
ALLSTON
213136 Cornbelt $37,546.84 need copy of invoice -#1925
213138 Cornbelt $195,157.95 need copy of invoice -#1139
MLK
213136 $69,184.93 need proof of pmt (bank statement/cancell~d check) - #1451 eel
29136 $69,184.94 need proof of pmt "" - #1451 eel
SHERIDAN
Cornbelt 21397 $68,424.65 need copy of invoice -#6433
Corn belt 213137 $67,674.38 need copy of invoice -#6433
Corn belt 213137 $68,424.66 need copy of invoice -#6433
Corn belt 29137 $68,424.66 need copy of invoice -#6433
Bank of washington $41,061.13 need copy of invoice- #JE 11764
Bank of Washington $39,617.68 need copy of invoice -#JE 12202 (last page; this is actually
dodier per the last schedule)
~ Bank of washington $45,898.89 need copy of invoice - we have no backup for this.
Bank of Washington $14,8713.46 need copy if invoice. - #JE 153135 (4th
page: this is actually babcock per the last schedule) Thanks. I'm working on the spreadsheet comparison next.
When: Monday, December 21,200910:00 AM-11:00 AM (GMT-06:00) Central Time (US & Canada). Where: Sallie's office
1
Hemenway, Sallie
Subject:
Location:
Land Assem blage application Sallie's office
Start:
End:
Mon 12/21/200910:00 AM Mon 12/21/2009 11 :00 AM
Recurrence:
(none) Accepted
Meeting Status:
Organizer:
Required Attendees:
Perry, Ann
Hemenway, Sallie; Pauley, Mark; Wirin, Karen
When: Monday, December 21,2009 10:00 AM-ll:00 AM (GMT-06:00) Central Time (US & Canada). Where: Sallie's office
1
, I
I
Hemenway, Sallie
From:
Sent:
To:
Subject:
Hemenway, Sallie
Tuesday, December 15, 2009 7:55 AM Perry, Ann
Accepted: Land Assemblage application
1
Hemenway, Sallie
Land Assemblage
Subject:
Start:
End:
Recurrence:
Organizer:
Wed 1/13/201010:00 AM Wed 1/13/2010 1:00 PM
(none)
Hemenway, Sallie
1
! r
.
Hemenway, Sallie
Subject:
Location:
Start:
End:
Recurrence:
Meeting Status:
Organizer:
Required Attendees:
Land Assem blage Sallie's Office
Mon 2/1/2010 11 :00 AM Mon 2/1/201012:00 PM
(none)
Meeting organizer
Hemenway, Sallie
Pauley, Mark; Perry, Ann; Winn, Karen
1
i I I" I
Hemenway, Sallie
From:
Sent:
To:
Subject:
Perry, Ann
Wednesday, January 27,20109:38 AM Hemenway, SaJlie
Accepted: Land Assemblage
1
,
i I
Hemenway, Sallie
From:
Sent:
To:
Subject:
Pauley, Mark
Wednesday. January 27.20109:41 AM Hemenway, Sallie
Accepted: Land Assemblage
1
Hemenway, Sallie
Subject:
Location:
DALA (Land Assemblage) Interest Call 866-699-3239 ID 64133971
Fri 1/29/2010 10:30 AM
Fri 1/29/201011:00 AM
Start:
End:
Recurrence:
(none) Accepted McKee, Chris
Pauley, Mark; Kurt Schulte; Drinkard, M~rk; Hemenway, Sallie
Meeti n9 Status:
Organizer:
Required Attendees:
When: Friday, January 29, 2010 10:30 AM-ll:00 AM (GMT-06:00) Central Time (US & Canada). Where: Call
866.699.3239 10 64133971
1
Hemenway, Sallie
Subject:
Location:
DALA (Land Assemblage) Interest Call Call
Start:
End:
Fri 1/29/2010 10:30 AM Fri 1/29/2010 11:00 AM
Recurrence:
(none) Accepted McKee, Chris
Pauley, Mark; Kurt Schulte; Drinkard, M(~.rk; Hemenway, Sallie
Meeting Status:
Organizer:
Required Attendees:
When: Friday, January 29, 2010 10:30 AM·ll:00 AM (GMT-06:00) Central Time (US & Canada). Where: Call
866.699.3239 ID 64133971
1
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02,20101 :58 PM Pieper, Chris
FW: Loan fees Bank of Wash.
From: McKee, Chris [mailto:cpmckee@optimusdev.com] Sent: Thursday, December 31, 2009 10:22 AM
To: Hemenway, Sallie; Drinkard, Mark
Cc: Ness, Irvin; Pauley, Mark; Perry, Ann
Subject: RE: Loan fees Bank of Wash.
Still 2 certs? Or just 1? Estimated dollar amount?
Also, I am working on a possible payment of December interest to Bank of Washington.
From: Hemenway, Sallie [mailto:sallie.hemenway@ded.mo.gov] Sent: Thursday, December 31, 2009 10:09 AM
To: Drinkard, Mark
Cc: McKee, Chris; Ness, Irvin; Pauley, Mark; Perry, Ann Subject: Loan fees Bank of Wash.
Went through and veri fed a number of them. Please send invoices for:
Dodier 9/12/06. - 32,000
Larmer 12/8/08 - 93.00
MLK. 9/12/06. - 36,000
Sheridan 12/8/08. - 123.00
Sheridan 11128/08. - 105,998.83
Union Martin 12/8/08 - 98.00
Then it is complete.
Thanks.
Sallie
1
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02, 2010 1 :58 PM Pieper, Chris
FW: questions
From: McKee, Chris [mailto:cpmckee@optimusdev,com] Sent: Thursday, December 31, 2009 7:41 AM
To: Hemenway, Sallie; Ness, Irvin
Cc: Perry, Ann; Pauley, Mark
Subject: Re: questions
830 is fine. We are working on answers. Thank you for your hard work.
From: Hemenway, Sallie
To: Ness, Irvin; McKee, Chris
Cc: Perry, Ann; Pauley, Mark Sent: Thu Dec 31 00:09:26 2009 Subject: questions
Attached are two spreadsheets; one of the interest questions that we still have and the other of the acquisitions.
Our plan is to issue twice tomorrow morning. The first will be what we know now, and the second will be those documentation updates that you can provide us before 10:00. Our goal is to review and issue the second amount at noon to meet your buyers request.
You wilt see a color coded list of interest payments that we currently do not have the ability to add to the eligible expenses. The reasons are included on the spreadsheet.
For the acquisition sheet, you will see that we organized the properties by whether we had rec'd a statement or valuation sheet. The orange highlight means we rec'd something, but a yellow means that there was a discrepancy between the paper documentation and the spreadsheet requested amount. There are also notes on the side where we failed to get a signature on the document. There were a number of properties where the spreadsheet showed one owner and the statements showed another and sometimes the amounts were different, too.
We can further elaborate on the phone and think that we should move the call up to 8:30, if possible.
Please forward this to the rest of your team.
Thanks,
5alllle/ Ann/Mark
2
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02, 2010 1 :57 PM Pieper, Chris
FW: Closing statements/settlement sheets
From: Ness, Irvin [mailto:iness@stoneleyton.com] Sent: Wednesday, December 30,20098:18 AM To: Hemenway, Sallie; McKee, Chris
Cc: Perry, Ann
Subject: RE: Closing statements/settlement sheets
I just spoke with Kurt. Kurt stated that he would be sending the settlement sheets in zip files and would be sending them 50 settlement sheets at .a time. He expected that he would be done by approximately 1:00 p.m.
Please call me with any comments or questions at (314) 681-2907.
Irvin C. Ness
Stone, Leyton & Gershman, A Professional Corporation 7733 Forsyth Boulevard
Suite 500
St. Louis, Missouri 63105 Telephone: (314) 721-7011 Direct Dial: (314) 236-0211 Cell Phone: (314) 681-2907 Fax: (314) 721-8660
E-mail: iness@stoneleyton.com
NOTICE OF CONFIDENTIALITY, ATTORNEY-CLIENT PRIVILEGE AND ATTORNEY WORK PRODUCT: The information contained in this e-mail message, including any attachments, is confidential information intended only for the use ofthe recipient(s) named above. The information is privileged and/or protected by the attorney-client privilege, the attorney work-product doctrine, or other similar privileges and limitations on disclosure. If you are not the named or intended recipient ofthis message, please do not read, rely upon, save, copy, print or retransmit, but rather, destroy it immediately and permanently delete the message from your computer or network system. Any unauthorized retransmission, retention, distribution, printing or copying of this message or any attachments is strictly prohibited. If you have received this e-mail message in error, please immediately contact iness@stoneleyton.com or call (314) 236-0211 immediately. Thank you.
From: Hemenway, Sallie [mailto:sallie.hemenway@ded.mo.gov] Sent: Wednesday, December 30, 2009 7:27 AM
To: McKee, Chris; Ness, Irvin
Cc: Perry, Ann
Subject: Closing statements/settlement sheets
3
Chris and Irv:
I understand from Ann that we aren't going to get proof of purchase price and property transfer documentation until this afternoon. Is there anyway to get that information earlier today? Even if it is smaller groups?
Sallie
4
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02,20101 :57 PM Pieper, Chris
FW: Interest costs/maintenance costs
From: McKee, Chris [mailto:cpmckee@optimusdev.com] Sent: Wednesday, December 30, 2009 9:56 AM
To: Hemenway, Sallie; Ness, Irvin
Cc: Perry, Ann; Pauley, Mark
Subject: Re: Interest costs/maintenance costs
Maybe it would be best to have a call to discuss?
From: Hemenway, Sallie To: Ness, Irvin
Cc: McKee, Chris; Perry, Ann; Pauley, Mark Sent: Wed Dec 3009:53:172009 Subject: Interest costs/maintenance costs
Since the source documentation (paid invoices, etc) is by year and not tied directly to a property and since the spreadsheet cost allocates the amounts out to different properties (for more than the allowed 5 year period), that leaves us only the ability to affirm by year.
That means we are measuring the amount allocated to eligible properties against the invoices paid, by year. If the spreadsheet is less than the invoices, we would be okay. Theoretically, the eligible property allocations plus the ineligible property allocations would equal the invoices for that year.
The problem is:
1- we have no information supporting how you cost allocated among interest and maintenance (we need that), and
2- your spreadsheet has cost allocated to properties for more than the allowed five year period. Unless we can match those invoices and costs directly to properties (which isn't feasible with what was sent) we need to eliminate some years.
Please advise.
5
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02,201010:42 AM Pieper, Chris
FW: DALA Credits Meeting/NorthSide
From: Perry, Ann
Sent: Friday, April 16, 20107:45 AM
To: Hemenway, Sallie; Pauley, Mark Subject: RE: DALA Credits Meeting/NorthSide
Chris and gang are not coming today. Chris would like to have a conference call at 10 to discuss update and set new date for meeting.
-----Original Appointment-----
From: McKee, Chris [mailto:cpmckee@optimusdev.com] Sent: Wednesday, April 07, 2010 4:03 PM
To: Drinkard, Mark; Kurt Schulte; Ness, Irvin; Hemenway, Sallie; Perry, Ann; Pauley, Mark; McKee, Chris Subject: DALA Credits Meeting/NorthSide
When: Friday, April 16, 2010 10:00 AM-12:00 PM (GMT-06:00) Central Time (US & Canada). Where: Jeff City
When: Friday, April 16, 2010 10:00 AM-12:00 PM (GMT-06:00) Central Time (US & Canada). Where: Jeff City
6
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02, 2010 10:41 AM Pieper, Chris
FW: Regular Conference Call - Discussion of Issuance of Tax Credits
From: Perry, Ann
Sent: Tuesday, February 02,20107:37 AM To: 'iness@stoneleyton.com'
Subject: Re: Regular Conference Call - Discussion of Issuance of Tax Credits
We met on this yesterday and she is reviewing, I will invite her to the conf call, Thanks!
From: Ness, Irvin <iness@stoneleyton.com> To: Perry, Ann
Cc: Hemenway, Sallie; McKee, Chris <cpmckee@optimusdev.com>; McKee Jr, Paul J. <pjmckee@mc-eagle.com>; Stone, Steven <smstone@stoneleyton.com>; Carey, Lynn <Icarey@stoneleyton.com>; Puricelli, Paul <pjp@stoneleyton.com>; Kurt Schulte <KSch ulte@cpdcdrg.com>
Sent: Tue Feb 02 07:09:52 2010
Subject: Regular Conference Call - Discussion of Issuance of Tax Credits
As I mentioned in my voice mail yesterday afternoon, I was hoping that we would be able to discuss the e-mails, which we exchanged at the end of last week regarding the issuance of tax credits, in the regularly scheduled conference call at 8:00 a.m. tomorrow, February 3rd• Also, as I mentioned in my voice mail, I was hoping that your counsel would be able to join us in the conference call at that time.
Please let me know if that discussion is possible. Thank you for your consideration and assistance.
Please call me with any comments or questions at (3140 681-2907.
Irvin C. Ness
Stone, Ley ton & Gershman, A Professional Corporation 7733 Forsyth Boulevard
Suite 500
St. Louis, Missouri 63105 Telephone: (314) 721-7011 Direct Dial: (314) 236-0211 Cell Phone: (314) 681-2907 Fax: (314) 721-8660
E-mail: iness@stoneleyton.com
NOTICE OF CONFIDENTIALITY, ATTORNEY-CLIENT PRIVILEGE AND ATTORNEY WORK PRODUCT: The information contained in this e-mail message, including any attachments, is confidential information intended only for the use of the recipient(s) named above. The information is privileged a nd/or protected by the attorney-client privilege, the attorney work-product doctrine, or other similar privileges and limitations on disclosure. If you are not the named or intended recipient of this message, please do not read, rely upon, save, copy, print or retransmit, but rather, destroy it
7
immediately and permanently delete the message from your computer or network system. Any unauthorized retransmission, retention, distribution, printing or copying of this message or any attachments is strictly prohibited. If you have received this e-mail message in error, please immediately contact iness@stonelevton.com or call (314) 236- 0211 immediately. Thank you.
This sender is not aware of any virus or defect in this e-mail or any attachment that might negatively affect any computer system into which it is received and opened. It is the responsibility ofthe recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way if such a virus or defect exists.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any u.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purposes of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein.
8
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02, 2010 10:40 AM Pieper, Chris
FW: Analysis Relating to Issuance of Distressed Areas Land Assemblage Tax Credits
From: Perry, Ann
Sent: Friday, January 29,2010 8:26 AM To: Winn, Karen
Subject: FW: Analysis Relating to Issuance of Distressed Areas Land Assemblage Tax Credits
Hi Karen, this is Irvness' interpretation on issuance for Land Assemblage. I'll set up a meeting for us to discuss next week. Thanks, Ann
Cc: McKee, Chris; McKee Jr, Paul J.; Stone, Steven; carey, Lynn; Kurt Schulte
Subject: Analysis Relating to Issuance of Distressed Areas Land Assemblage Tax Credits
Set forth below is a summary of our analysis relating to the issuance of the Distressed Areas Land Assemblage Tax Credits as we discussed in the conference call on January zz". We also have addressed the points that you raised in our e-mail of January zz".
The first point of analysis regarding the issuance of the distressed areas land assemblage tax credits relates to the filing . of an application and receiving tax credits upon the filing of an application.
• On page 4 of the Program Guidelines for the land assemblage tax credits, the Guidelines provide that applications will be "accepted year round". In your e-mail, you note that there is a reference on the web site of DED, relating to land assemblage tax credits, that redevelopers are to "submit satisfactory evidence of all acquisition, maintenance, and interest costs to DED annually prior to November 15". There is, however, no reference on the web site to any such date under the heading "Application/Approval Procedure", which section provides that "[a]redeveloper may submit an application to the Department of Economic Development (DED)" and sets forth information to be included in an application for the land assemblage tax credits. There is also no reference to any date by which these applications must be filed on the Program Guidelines that specify the basic information for the program other than the above statement that these applications will be accepted throughout the entire year.
• In accordance with Section 99.1205.6, "[i]f an applicant applying for the tax credit meets the criteria required under this section, the department shall issue a certificate in the appropriate amount."
• When the terms of the Program Guidelines for the land assemblage tax credit program and the above statutory provision are analyzed together, there is a clear statement that there is to be an immediate issuance of these tax credits as opposed to a redeveloper waiting an extended period of time to receive tax credits that will be
needed by the redeveloper. In this instance, the term "appropriate" in the cited statutory provision refers to the amount allowable under the application with the annual limitation of only $20 million to be issued as provided
in Section 99.1205.7. In your e-mail, you reference the provision in Section 99.1205.6 that an applicant may file for acquisition costs on "an annual basis". This reference to an "annual basis" refers to the time frame for filing
9
an application, but this provision does not relate to the time frame for DED to issue tax credits. In accordance with the above-cited language of Section 99.1205.6, if an applicant files an application that meets the statutory criteria regarding the acquisition costs and the interest costs, DED is to issue the tax credits upon such filing.
• With respect to the use of the term "pro rata" allocation in subsection 7, the term "pro rata" only relates to the date on which there is more than one application pending before DED. Before that date, there can be no pro rata application and the application should be accepted and the tax credits allocated. If, after the issuance of tax credits to a single applicant during a year, there would be a later-filed application for tax credits for an amount that would cause the aggregate amount of tax credits authorized for that year to be greater than $20 million, the later filing applicant still would receive the authorized tax credits because those tax credits are carried forward under the provisions of subsection 7 to the next yea r. The statute thus has a safe harbor built into the issuance and authorization structure for the tax credits to protect applicants filing later in a given year.
• As well, if the position of DED is carried to its logical conclusion as described in your e-mail, there would only be an issuance of land assemblage tax credits on December 31st of each year to ensure there could be no further applications submitted that necessitated an allocation of the tax credits on a "pro rata" basis as you describe "pro rata" in your e-mail. Section 99.1205.6 provides that "[i]f an applicant receives a tax credit for maintenance costs as a part of the applicant's acquisition costs, the depa rtment shall post on its Internet web site the amount and type of maintenance costs and a description of the redevelopment project for which the applicant received a tax credit within thirty days after the department issues the certificate to the applicant." If DED was statutorily required to issue the tax credits on December 31st of each year, the reference in this sentence of Section 99.1205.6 to posting this information on DED's Internet web site within thirty days of the issuance of the tax credits would instead require that DED post this information on or before January so". Because Section 99.1205.6 does not specify such a date, this language of the statute acknowledges that there can be an issuance of tax credits during the year and not just at the end of the year.
• The policy consideration behind this analysis for the issuance of tax credits upon the filing of applications, which meet the statutory criteria, is that DED should want to benefit those developers, who have undertaken the risk, incurred the costs and filed applications, before DED issues tax credits to later filed applications. The developers with previously filed applications can use the tax credits to alleviate debt burdens associated with the land assemblage. This elimination of debt correspondingly lessens the interest carry and, concomitantly, the amount of tax credits that will be issued for such interest costs.
The second point of analysis relates to the fact that the current request for additional tax credits is under a pending application that was filed in 2009 for which the total authorized amount of $20 million was not issued.
• In accordance with the statute, any amount greater than $20 million was to be carried forward for issuance. In this instance, the remaining allocation for 2009 of $20 million should be issued immediately (approximately $380,000).
Please call me with any comments or questions at (314) 681-2907.
Irvin C. Ness
Stone, Ley ton & Gershman, A Professional Corporation 7733 Forsyth Boulevard
Suite 500
St. Louis, Missouri 63105 Telephone: (314) 721-7011 Direct Dial: (314) 236-0211 Cell Phone: (314) 681-2907 Fax: (314) 721-8660
10
E-mail: iness@stoneleyton.com
NOTICE OF CONFIDENTIALITY, ATIORNEY-CLIENT PRIVILEGE AND ATIORNEY WORK PRODUCT: The information contained in this e-mail message, including any attachments, is confidential information intended only for the use of the recipient(s) named above. The information is privileged and/or protected by the attorney-client privilege, the attorney work-product doctrine, or other similar privileges and limitations on disclosure. If you are not the named or intended recipient of this message, please do not read, rely upon, save, copy, print or retransmit, but rather, destroy it immediately and permanently delete the message from your computer or network system. Any unauthorized retransmission, retention, distribution, printing or copying of this message or any attachments is strictly prohibited. If you have received this e-mail message in error, please immediately contact iness@stoneleyton.com or call (314) 236- 0211 immediately. Thank you.
This sender is not aware of any virus or defect in this e-mail or any attachment that might negatively affect any computer system into which it is received and opened. It is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way if such a virus or defect exists.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purposes of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein.
11
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02,201010:39 AM Pieper, Chris
FW: DALA Credits
From: Winn, Karen
Sent: Wednesday, March 17,201010:13 AM To: Perryl Ann
Cc: Hemenway, Sallie Subject: RE: DALA Credits
Yes, I think so.
Karen A. Winn General Counsel
Department of Economic Development (573) 751-5097
NOTICE: This message and all attachments transmitted with it are intended solely for the use of the addressee and may contain legally privileged and confidential information. If the reader of the message is not the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use ofthe message or its attachments is strictly prohibited. If vou have received a message in error, please notify the sender immediately by replying to the message and please delete it from your computer.
From: Perry, Ann
Sent: Wednesday, March 17,201010:11 AM To: Winn, Karen; Hemenway, Sallie Subject: FW: DALA Credits
Do we need to meet on this?
From: McKee, Chris [mailto:cpmckee@optimusdev.com] Sent: Tuesday, March 16, 20106:02 PM
To: Perry, Ann; Hemenway, Sallie; Pauley, Mark Subject: RE: DALA Credits
Ann:
Any update on this issue? The most pressing one for us is the balance of the 2009 credits. Thanks.
cm
From: Perry, Ann [mailto:ann.perry@ded.mo.gov] Sent: Thursday, March 11, 2010 1:16 PM
To: McKee, Chris; Hemenway, Sallie; Pauley, Mark Cc: Kurt Schulte; Drinkard, Mark
Subject: RE: DALA Credits
12
Chris,
The decision was made to delay the credits. I am understanding that the issuance of the balance of 2009 and 2010 are still under review. I will try to get clarification on this.
Thanks, Ann
From: McKee, Chris [mailto:cpmckee@optimusdev.com] Sent: Thursday, March 111 2010 11:57 AM
To: Hemenway, Sallie; Perry, Ann; Pauley, Mark Cc: Kurt Schulte; Drinkard, Mark
Subject: DALA Credits
I understand that there has been a decision on the delay of the tax credits. But, I sfill believe it is very important to finalize what Is still owed to NorthSide from the balance of fhe 2009 dollars and the 2010 requests. I would like fo have this put to bed so that when the time came for the release, that we did nof have to go through the mad scramble. Are there any reasons why this could not happen? Please let me know.
Chris
13
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02, 2010 10:39 AM Pieper, Chris
FW: DALA Credits
From: Perry, Ann
Sent: Wednesday, March 17, 2010 10:11 AM To: Winn, Karen; Hemenway, Sallie Subject: FW: DALA Credits
Do we need to meet on this?
From: McKee, Chris [mailto:cpmckee@optimusdev.com] Sent: Tuesday, March 16, 2010 6:02 PM
To: Perry, Ann; Hemenway, Sallie; Pauley, Mark Subject: RE: DALA Credits
Ann:
Any update on this issue? The most pressing one for us is the balance of the 2009 credits. Thanks.
cm
From: Perry, Ann [mallto:ann.perry@ded.mo.gov] Sent: Thursday, March 11, 2010 1:16 PM
To: McKee, Chris; Hemenway, Sallie; Pauley, Mark Cc: Kurt Schulte; Drinkard, Mark
Subject: RE: DALA Credits
Chris,
The decision was made to delay the credits. 1 am understanding that the issuance of the balance of 2009 and 2010 are still under review. I will try to get clarification on this.
Thanks, Ann
From: McKee, Chris [mailto:cpmckee@optimusdev.com] Sent: Thursday, March 11, 2010 11:57 AM
To: Hemenway, Sallie; Perry, Ann; Pauley, Mark Cc: Kurt Schulte; Drinkard, Mark
Subject: DALA Credits
I understand that there has been a decision on the delay of the tax credits. But, I still believe it Is very Important to finalize what is still owed to NorthSide from the balance of the 2009 dollars and the 20 J 0 requests. 'would like to have this put to bed so that when the time came for the release, that we did not have to go through the mad scramble. Are there any reasons why this could not happen? Please let me know.
Chris
14
Overbey. Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02, 2010 10:32 AM Pieper, Chris
FW:
-----Original Message----From: Perry, Ann
Sent: Thursday, December 31, 2009 9:58 AM To: 'KSchulte@cpdcdrg.com'
Subject: Re:
One more question. On the valuation sheets, why would the prior owner be different (in some cases)?
----- Original Message -----
From: Kurt Schulte <KSchulte@cpdcdrg.com> To: Perry, Ann
Sent: Thu Dec 31 09:52:06 2009 Subject: FW:
2nd of two emails
Kurt K. Schulte
Senior Project Manager CPDC/DRG
2ee N. Broadway, Suite 155e St. Louis, MO 63102
Phone: (314) 621-4373 x19 Fax: (314) 621-4635
-----Original Message-----
From: Trisha [mailto:Trisha@cpdcdrg.com] Sent: Thursday, December 31, 2009 8:42 AM To: Kurt Schulte
Subject:
This E-mail was sent from "RNPB8CCA2" (MP350e/DSm735e).
Scan Date: 12.31.2009 09:42:e6 (-0500) Queries to: Laurie@cpdcdrg.com
15
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02, 2010 10:27 AM Pieper, Chris
FW: DALA Credits
From: McKee, Chris [mailto:cpmckee@optimusdev.com] Sent: Thursday, March 11, 2010 1:47 PM
To: Perry, Ann; Hemenway, Sallie; Pauley, Mark Cc: kurt@cpdcdrg.com; Drinkard, Mark Subject: Re: DALA Credits
I know we are delayed on the issuance of the credits until the end of the year. I was asking about the actual dollar amount of the award of tax credits. The award obviously would be subject to other applications being submitted and approved. I'm just trying to make sure I have a read on what we would potentially be eligible to receive based on what we have already submitted.
From: Perry, Ann
To: McKee, Chris; Hemenway, Sallie; Pauley, Mark Cc: Kurt Schulte; Drinkard, Mark
Sent: Thu Mar 11 13:15:392010
Subject: RE: DALA Credits
Chris,
The decision was made to delay the credits. I am understanding that the issuance of the balance of 2009 and 2010 are still under review. I will try to get clarification on this.
Thanks, Ann
From: McKee, Chris [mailto:cpmckee@optimusdev.com] Sent: Thursday, March 11,2010 11:57 AM
To: Hemenway, Sallie; Perry, Ann; Pauley, Mark Cc: Kurt Schulte; Drinkard, Mark
Subject: DALA Credits
I understand that there has been a decision on the delay of the tax credits. But. I still believe it ;s very important to finalize what is still owed to NorthSide from the balance of the 2009 dollars and the 2010 requests, I would like to have this put to bed so that when the time came for the release, that we did not have to go through the mad scramble. Are there any reasons why this could not happen? Please let me know.
Chris
16
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02, 2010 10:24 AM Pieper, Chris
FW: Regular Conference Call - Discussion of Issuance of Tax Credits
From: Ness, Irvin [mailto:iness@stoneleyton.com] Sent: Tuesday, February 02,20107:10 AM
To: Perry, Ann
Cc: Hemenway, Sallie; McKee, Chris; McKee Jr, Paul J.; Stone, Steven; Carey, Lynn; Puricelli, Paul; Kurt Schulte Subject: Regular Conference call - Discussion of Issuance of Tax Credits
As I mentioned in my voice mail yesterday afternoon, I was hoping that we would be able to discuss the e-malls, which we exchanged at the end of last week regarding the issuance of tax credits, in the regularly scheduled conference call at 8:00 a.m. tomorrow, February 3rd• Also, as I mentioned in my voice mail, I was hoping that your counsel would be able to join us in the conference call at that time.
Please let me know if that discussion is possible. Thank you for your consideration and assistance.
Please call me with any comments or questions at (3140 681-2907.
Irvin C. Ness
Stone, Ley ton & Gershman, A Professional Corporation 7733 Forsyth Boulevard
Suite 500
St. Louis, Missouri 63105 Telephone: (314) 721-7011 Direct Dial: (314) 236-0211 Cell Phone: (314) 681-2907 Fax: (314) 721-8660
E-mail: iness@stonelevton.com
NOTICE OF CONFIDENTIALITY, ATTORNEY-CLIENT PRIVILEGE AND ATTORNEY WORK PRODUCT: The information contained in this e-mail message, including any attachments, is confidential information intended only for the use of the recipient(s) named above. The information is privileged and/or protected by the attorney-client privilege, the attorney work-product doctrine, or other similar privileges and limitations on disclosure. If you are not the named or intended recipient of this message, please do not read, rely upon, save, copy, print or retransmit, but rather, destroy it immediately and permanently delete the message from your computer or network system. Any unauthorized retransmission, retention, distribution, printing or copying of this message or any attachments is strictly prohibited. If you have received this e-mail message in error, please immediately contact iness@stoneleyton.com or call (314) 236- 0211 immediately. Thank you.
This sender is not aware of any virus or defect in this e-mail or any attachment that might negatively affect any computer system into which it is received and opened. It is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way if such a virus or defect exists.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and 17
cannot be used, for the purposes of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein.
18
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02,201010:24 AM Pieper, Chris
FW: Analysis Relating to Issuance of Distressed Areas Land Assemblage Tax Credits
From~ Ness, Irvin [mailto:iness@stoneleyton.comJ Sent~ Thursday, January 28, 20109:21 PM
To: Perry, Ann; Hemenway, Sallie; Pauley, Mark
Cc~ McKee, Chris; McKee Jr, Paul J.; Stone, Steven; Carey, Lynn; Kurt Schulte
Subject: Analysis Relating to Issuance of Distressed Areas Land Assemblage Tax Credits
Set forth below is a summary of our analysis relating to the issuance of the Distressed Areas Land Assemblage Tax Credits as we discussed in the conference call on January 2ih. We also have addressed the points that you raised in our e-mail of January zz",
The first point of analysis regarding the issuance of the distressed areas land assemblage tax credits relates to the filing of an application and receiving tax credits upon the filing of an application.
• On page 4 of the Program Guidelines for the land assemblage tax credits, the Guidelines provide that applications will be "accepted year round". In your e-mail, you note that there is a reference on the web site of OED, relating to land assemblage tax credits, that redevelopers are to "submit satisfactory evidence of all acquisition, maintenance, and interest costs to OED annually prior to November 15". There is, however, no reference on the web site to any such date under the heading "Application/Approval Procedure", which section provides that "[aJredeveloper may submit an application to the Department of Economic Development (OED)" and sets forth information to be included in an application for the land assemblage tax credits. There is also no reference to any date by which these applications must be filed on the Program Guidelines that specify the basic information for the program other than the above statement that these applications will be accepted throughout the entire year.
• In accordance with Section 99.1205.6, "[iJf an applicant applying for the tax credit meets the criteria required under this section, the department shall issue a certificate in the appropriate amount."
• When the terms of the Program Guidelines for the land assemblage tax credit program and the above statutory provision are analyzed together, there is a clear statement that there is to be an immediate issuance of these tax credits as opposed to a redeveloper waiting an extended period of time to receive tax credits that will be
needed by the redeveloper. In this instance, the term "appropriate" in the cited statutory provision refers to the amount allowable under the application with the annual limitation of only $20 million to be issued as provided
in Section 99.1205.7. In your e-mail, you reference the provision in Section 99.1205.6 that an applicant may file for acquisition costs on "an annual basis". This reference to an "annual basis" refers to the time frame for filing an application, but this provision does not relate to the time frame for DED to issue tax credits. In accordance with the above-cited language of Section 99.1205.6, if an applicant files an application that meets the statutory criteria regarding the acquisition costs and the interest costs, OED is to issue the tax credits upon such filing.
• With respect to the use of the term "pro rata" allocation in subsection 7, the term "pro rata" only relates to the date on which there is more than one application pending before DED. Before that date, there can be no pro rata application and the application should be accepted and the tax credits allocated. If, after the issuance of tax credits to a single applicant during a year, there would be a later-filed application for tax credits for an
19
amount that would cause the aggregate amount of tax credits authorized for that year to be greater than $20 million, the later filing applicant still would receive the authorized tax credits because those tax credits are carried forward under the provisions of subsection 7 to the next year. The statute thus has a safe harbor built into the issuance and authorization structure for the tax credits to protect applicants filing later in a given year.
• As well, if the position of DED is carried to its logical conclusion as described in your e-mail, there would only be an issuance of land assemblage tax credits on December 31st of each year to ensure there could be no further applications submitted that necessitated an allocation of the tax credits on a "pro rata" basis as you describe "pro rata" in your e-mail. Section 99.1205.6 provides that "[i]f an a pplicant receives a tax credit for maintenance costs as a part of the applicant's acquisition costs, the department shall post on its Internet web site the amount and type of maintenance costs and a description of the redevelopment project for which the applicant received a tax credit within thirty days after the department issues the certificate to the applicant." If DED was statutorily required to issue the tax credits on December 31st of each year, the reference in this sentence of Section 99.1205.6 to posting this information on OED's Internet web site within thirty days of the issuance ofthe tax credits would instead require that DED post this information on or before January so". Because Section 99.1205.6 does not specify such a date, this language of the statute acknowledges that there can be an issuance of tax credits during the year and not just at the end of the year.
• The policy consideration behind this analysis for the issuance of tax credits upon the filing of applications, which meet the statutory criteria, is that DED should want to benefit those developers, who have undertaken the risk, incurred the costs and filed applications, before DED issues tax credits to later filed applications. The developers with previously filed applications can use the tax credits to alleviate debt burdens associated with the land assemblage. This elimination of debt correspondingly lessens the interest carry and, concomitantly, the amount of tax credits that will be Issued for such interest costs.
The second point of analysis relates to the fact that the current request for additional tax credits is under a pending application that was filed in 2009 for which the total authorized amount of $20 million was not issued.
• In accordance with the statute, any amount greater than $20 million was to be carried forward for issuance. In this instance, the remaining allocation for 2009 of $20 million should be issued immediately (approximately $380,000).
Please call me with any comments or questions at (314) 681-2907.
Irvin C. Ness
Stone, Ley ton & Gershman, A Professional Corporation 7733 Forsyth Boulevard
NOTICE OF CONFIDENTIALITY, ATIORNEY-CLIENT PRIVILEGE AND ATIORNEY WORK PRODUCT: The information contained in this e-mail message, including any attachments, is confidential information intended only for the use of the recipient(s) named above. The information is privileged and/or protected by the attorney-client privilege, the attorney work-product doctrine, or other similar privileges and limitations on disclosure. If you are not the named or intended recipient of this message, please do not read, rely upon, save, copy, print or retransmit, but rather, destroy it immediately and permanently delete the message from your computer or network system. Any unauthorized
20
retransmission, retention, distribution, printing or copying of this message or any attachments is strictly prohibited. If you have received this e-mail message in error, please immediately contact iness@stoneleyton.com or call (314) 236- 0211 immediately. Thank you.
This sender is not aware of any virus or defect in this e-mail or any attachment that might negatively affect any computer system into which it is received and opened. It is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way if such a virus or defect exists.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purposes of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein.
21
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02, 2010 10:22 AM Pieper, Chris
FW: Interest costs/maintenance costs
From: McKee, Chris [mailto:cpmckee@optimusdev.com] Sent: Wednesday, December 30,200910:01 AM
To: Hemenway, Sallie; Ness, Irvin; Kurt Schulte; Drinkard, Mark Cc: Perry, Ann; Pauley, Mark
Subject: RE: Interest costs/maintenance costs
Can we do a call at 1030?
800.531.3250 10 #: 6305563
From: Hemenway, Sallie [mailto:sallie.hemenway@ded.mo.gov] Sent: Wednesday, December 30,20099:53 AM
Since the source documentation (paid invoices, etc) is by year and not tied directly to a property and since the spreadsheet cost allocates the amounts out to different properties (for more than the allowed 5 year period), that leaves us only the ability to affirm by year.
That means we are measuring the amount allocated to eligible properties against the invoices paid, by year. If the spreadsheet is less than the invoices, we would be okay. Theoretically, the eligible property allocations plus the ineligible property allocations would equal the invoices for that year.
The problem is:
1- we have no information supporting how you cost allocated among interest and maintenance (we need that), and
2- your spreadsheet has cost allocated to properties for more than the allowed five year period. Unless we can match those invoices and costs directly to properties (which isn't feasible with what was sent) we need to eliminate some years.
Please advise.
22
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02,201010:21 AM Pieper, Chris
FW: Interest costs/maintenance costs
From: McKee, Chris [mailto:cpmckee@optimusdev.com] Sent: Wednesday, December 30, 200910:15 AM
To: Hemenway, Sallie; Ness, Irvin; Kurt Schulte; Drinkard, Mark Cc: Perry, Ann; Pauley, Mark
Subject: RE: Interest costs/maintenance costs
Cool.
From: Hemenway, Sallie [mailto:sallie.hemenway@ded.mo.gov] Sent: Wednesday, December 30,200910:09 AM
To: Ness, Irvin; McKee, Chris
Cc: Perry, Ann; Pauley, Mark
Subject: Re: Interest costs/maintenance costs
. Yes. And yes a call at 10:30 is good.
From: Ness, Irvin <iness@stoneleyton.com>
To: McKee, Chris <cpmckee@optimusdev.com>; Hemenway, Sallie Cc: Perry, Ann; Pauley, Mark
Sent: Wed Dec 30 10:01:25 2009
Subject: RE: Interest costs/maintenance costs
I thought Ku rt had sent another spreadsheet yesterday that provided for the allocation of the interest costs and maintenance costs. I will check with him to verify that the spreadsheet has been sent.
Please call me with any comments or questions at {314} 681-2907.
Irvin C. Ness
Stone, Ley ton & Gershman, A Professional Corporation 7733 Forsyth Boulevard
Suite 500
St. Louis, Missouri 63105 Telephone: (314) 721-7011 Direct Dial: (314) 236-0211 Cell Phone: (314) 681-2907 Fax: (314) 721-8660
E-mail: iness@stoneleyton.com
NOTICE OF CONFIDENTIALITY, ATTORNEY-CLIENT PRIVILEGE AND ATTORNEY WORK PRODUCT: The information contained in this e-mail message, including any attachments, is confidential information intended only for the use of the recipient(s} named above. The information is privileged and/or protected by the
23
attorney-client privilege, the attorney work-product doctrine, or other similar privileges and limitations on disclosure. If you are not the named or intended recipient of this message, please do not read, rely upon, save, copy, print or retransmit, but rather, destroy it immediately and permanently delete the message from your computer or network system. Any unauthorized retransmission, retention, distribution, printing or copying of this message or any attachments is strictly prohibited. If you have received this e-mail message in error, please immediately contact iness@stonelevton.com or call (314) 236-0211 immediately. Thank you.
From: McKee, Chris
Sent: Wednesday, December 30,20099:56 AM To: 'sallie.hemenway@ded.mo.gov'; Ness, Irvin
Cc: McKee, Chris; Perry, Ann; Pauley, Mark Sent: Wed Dec 3009:53:172009
Subject: Interest costs/maintenance costs
Since the source documentation (paid invoices, etc) is by year and not tied directly to a property and since the spreadsheet cost allocates the amounts out to different properties (for more than the allowed 5 year period), that leaves us only the ability to affirm by year.
That means we are measuring the amount allocated to eligible properties against the invoices paid, by year. If the spreadsheet is less than the invoices, we would be okay. Theoretically, the eligible property allocations plus the ineligible property allocations would
equal the invoices for that year. .
The problem is:
1- we have no information supporting how you cost allocated among interest and maintenance (we need that), and
2- your spreadsheet has cost allocated to properties for more than the allowed five year period. Unless we can match those invoices and costs directly to properties (which isn't feasible with what was sent) we need to eliminate some years.
Please advise.
24
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann .
Friday, July 02, 2010 10:21 AM Pieper, Chris
FW: Deeds
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Thursday, April 01, 2010 9:53 AM
To: Perry, Ann
Subject: Deeds
Ann: I'm sorry I forgot to tell you that when you are looking at the deeds, the price we paid is usually listed on the third or fourth page.
Kurt K. Schulte
Senior Project Manager CPDC/DRG
200 N. Broadway, Suite 1550 St. Louis, MO 63102
Phone: (314) 621-4373 x19 Fax: (314) 621-4635
25
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02, 2010 10:21 AM Pieper, Chris
FW:
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Wednesday, March 31, 2010 4:45 PM
To: Perry, Ann
Subject:
The documents I sent should total $272K. If we need more, just let me know.
Kurt K. Schulte
Senior Project Manager CPDC/DRG
200 N. Broadway, Suite 1550 St. Louis, MO 63102
Phone: (314) 621-4373 x1 9 Fax: (314) 621-4635
26
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02, 2010 10:20 AM Pieper, Chris
FW:
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Tuesday, March 30, 2010 10: 13 AM
To: Perry, Ann
Subject:
Of the six parcels you sent me last week for issuance 3. I have sent you the COVs on 4 of them and I want to confirm you got those. As I mentioned one parcel does not have a COY filed because it was purchased from a bank after a foreclosure and the City does not require the filing of a COy for that. I will get the last COy for you soon.
Kurt K. Schulte
Senior Project Manager CPDC/DRG
200 N. Broadway, Suite 1550 St. Louis, MO 63102
Phone: (314) 621-4373 x19 Fax: (314) 621-4635
27
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02,201010:15 AM Pieper, Chris
FW: DALA Credits
From: Perry, Ann
Sent: Thursday, March 11, 2010 1: 16 PM
To: 'McKee, Chris'; Hemenway, Sallie; Pauley, Mark Cc: Kurt Schulte; Drinkard, Mark
Subject: RE: DALA Credits
Chris,
The decision was made to delay the credits. I am understanding that the issuance of the balance of 2009 and 2010 are still under review. I will try to get clarification on this.
Thanks, Ann
From: McKee, Chris [mailto:cpmckee@optimusdev.com] Sent: Thursday, March 11/ 2010 11:57 AM
To: Hemenway, Sallie; Perry, Ann; Pauley/ Mark Cc: Kurt Schulte; Drinkard, Mark
Subject: DALA Credits
I understand that there has been a decision on the delay of the tax credits. But, I still believe it Is very important to finalize what is still owed to NorthSide from the balance of the 2009 dollars and the 20 J 0 requests. I would like to have this put to bed so that when the time came for the release. that we did not have to go through the mad scramble. Are there any reasons why this could not happen? Please let me know.
Chris
28
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02,20108:47 AM Pieper, Chris
FW: Deeds
-----Original Message-----
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Thursday, April 01, 2010 5:14 PM
To: Perry, Ann
Subject: RE: Deeds
Is there anything we need to do on Qur end for you to issue? 1"m not trying to rush you, I just don't know what the process is and want to make sure I don"t drop the ball on anything.
Kurt K. Schulte Senior Project Manager CPDC/DRG
20e N. Broadway, Suite 1550 St. Louis, MO 63102
Phone: (314) 621-4373 x19 Fax: (314) 621-4635
-----Original Message-----
From: Perry, Ann [mailto:ann.perry@ded.mo.gov] Sent: Thursday, April 01, 2010 2:38 PM
To: Kurt Schulte
Subject: RE: Deeds
live hit the number and we are trying to issue now.
-----Original Message-----
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Thursday, April 01, 2010 1:34 PM
To: Perry, Ann
Subject: RE: Deeds
No problem. Do you have any guess as to if we are going to hit the number or if I need to pull more info together for you?
29
Thanks for all your help.
"Perry, Ann" <ann.perry@ded.mo.gov> wrote:
Ok. Thanks for everything!
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Thursday, April 91, 2010 9:53 AM
To: Perry, Ann
Subject: Deeds
Ann: I'm sorry I forgot to tell you that when you are looking at the deeds, the price we paid is usually listed on the third or fourth page.
Kurt K. Schulte
Senior Project Manager
CPDC/DRG
2ee N. Broadway, Suite 1550
St. Louis, MO 63192
Phone: (314) 621-4373 x19
Fax: (314) 621-4635
30
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02, 2010 8:47 AM Pieper, Chris
FW: Deeds
-----Original Message-----
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Thursday, April 01, 2010 2:39 PM
To: Perry, Ann
Subject: RE: Deeds
Thanks so much for everything. We can coordinate the other needed docs next week at your convenience.
Kurt K. Schulte
Senior Project Manager CPDC/DRG
2e0 N. Broadway, Suite 1550 St. Louis, MO 63102
Phone: (314) 621-4373 x19 Fax: (314) 621-4635
-----Original Message-----
From: Perry, Ann [mailto:ann.perry@ded.mo.gov] Sent: Thursday, April 01, 2010 2:38 PM
To: Kurt Schulte
Subject: RE: Deeds
I've hit the number and we are trying to issue now.
-----Original Message-----
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Thursday, April 01, 2e18 1:34 PM
To: Perry, Ann
Subject: RE: Deeds
No problem. Do you have any guess as to if we are going to hit the number or if I need to pull more info together for you?
Thanks for all your help.
31
"Perry, Ann" <ann.perry@ded.mo.gov> wrote:
Ok. Thanks for everything!
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Thursday, April 01, 2010 9:53 AM
To: Perry, Ann
Subject: Deeds
Ann: 11m sorry I forgot to tell you that when you are looking at the deeds, the price we paid is usually listed on the third or fourth page.
Kurt K. Schulte
Senior Project Manager
CPDC/DRG
2ee N. Broadway, Suite 1550
St. Louis, MO 63182
Phone: (314) 621-4373 x19
Fax: (314) 621-4635
32
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02, 20108:46 AM Pieper, Chris
FW: Deeds
-----Original Message----From: Perry, Ann
Sent: Thursday, April 01, 2010 2:38 PM To: 'Kurt Schulte'
Subject: RE: Deeds
I've hit the number and we are trying to issue now.
-----Original Message-----
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Thursday, April 01, 2010 1:34 PM
To: Perry, Ann
Subject: RE: Deeds
No problem. Do you have any guess as to if we are going to hit the number or if I need to pull more info together for you?
Thanks for all your help.
"Perry, Ann" <ann.perry@ded.mo.gov> wrote:
Ok. Thanks for everything!
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Thursday, April 01, 2010 9:53 AM
To: Perry, Ann
Subject: Deeds
Ann: I'm sorry I forgot to tell you that when you are looking at the deeds, the price we paid is usually listed on the third or fourth page.
33
Kurt K. Schulte Senior Project Manager CPDC/DRG
200 N. BroadwaYJ Suite 1550 St. LouisJ MO 63102
Phone: (314) 621-4373 x19 Fax: (314) 621-4635
34
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02, 2010 8:46 AM Pieper, Chris
FW: Deeds
-----Original Message-----
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Thursday, April 81, 2818 1:34 PM
To: Perry, Ann
Subject: RE: Deeds
No problem. Do you have any guess as to if we are going to hit the number or if I need to pull more info together for you?
Thanks for all your help.
"Perry, Ann" <ann.perry@ded.mo.gov> wrote:
Ok. Thanks for everything!
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Thursday, April 81, 2818 9:53 AM
To: Perry, Ann
Subject: Deeds
Ann: I'm sorry I forgot to tell you that when you are looking at the deeds, the price we paid is usually listed on the third or fourth page.
Kurt K. Schulte
Senior Project Manager
CPDC/DRG
35
288 N. Broadway, Suite 1558 St. Louis, MO 63182
Phone: (314) 621-4373 x19 Fax: (314) 621-4635
36
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02,20108:43 AM Pieper, Chris
FW:
-----Original Message----From: Perry, Ann
Sent: Wednesday, March 31, 2010 9:10 AM To: 'Kurt Schulte'
Subject: RE:
I thought we had decided to use tax sales properties instead of maintenance costs. If so, I am needing the back up information on the tax sales. Also, I don't have brokerage information for lots of the properties from 1st and 2nd issuance, I could include those if you have that. Or brokerage info for 3rd issuance, could use those. Call me if it is easier to discuss 573/522-8006 Thanks, Ann
-----Original Message-----
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Wednesday, March 31, 2010 7:24 AM
To: Perry, Ann
Subject: RE:
I have confirmed that I will get the other COV this morning. Once you have that, have we hit the threshold for the third issuance, or will there be some other docs we will need to provide? Thanks for all your help.
"Perr-y, Ann" <ann.perry@ded.mo.gov) wrote:
Hi,
Yes I have received 4. Thank you. Also, I have updated the 1st and 2nd issuance "spreadsheets with the other info submitted. Do you want updated spreadsheets or is what you have ok? Ann
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] 37
Sent: Tuesday, March 30, 2010 10:13 AM To: Perry, Ann
Subject:
Of the six parcels you sent me last week for issuance 3, I have sent you the COVs on 4 of them and I want to confirm you got those. As I mentioned one parcel does not have a COV filed because it was purchased from a bank after a foreclosure and the City does not require the filing of a COV for that. I will get the last COV for you soon.
Kurt K. Schulte
Senior Project Manager
CPDC/DRG
200 N. Broadway, Suite 1550
St. Louis, MO 63102
Phone: (314) 621-4373 x19
Fax: (314) 621-4635
38
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02, 20108:42 AM Pieper, Chris
FW:
-----Original Message-----
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Wednesday, March 31, 2010 7:24 AM
To: Perry, Ann
Subject: RE:
I have confirmed that I will get the other COV this morning. Once you have that, have we hit the threshold for the third issuance, or will there be some other docs we will need to provide? Thanks for all your help.
I1Perry, Annl1 <ann.perry@ded.mo.gov> wrote:
Hi,
Yes I have received 4. Thank you. Also, I have updated the 1st and 2nd issuance spreadsheets with the other info submitted. Do you want updated spreadsheets or is what you have ok? Ann
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Tuesday, March 30, 2e10 10:13 AM
To: Perry, Ann
Subject:
Of the six parcels you sent me last week for issuance 3, I have sent you the COVs on 4 of them and I want to confirm you got those. As I mentioned one parcel does not have a COV filed because it was purchased from a bank after a foreclosure and the City does not require the filing of a COV for that. I will get the last COV for you soon.
39
Kurt K. Schulte Senior Project Manager CPDC/DRG
200 N. Broadway, Suite 1550 St. Louis, MO 63102
Phone: (314) 621-4373 x19 Fax: (314) 621-4635
40
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02,20108:41 AM Pieper, Chris
FW:
From: Kurt Schulte [maifto:KSchulte@cpdcdrg.com] Sent: Tuesday, March 30, 2010 10:35 AM
To: Perry, Ann
Subject: RE:
We should have a bunch more corning your way today. The title company sent me a scan with a bunch of them, but the scan was only letter size so it cut off some of the info and they overnighted us hard copies that we will get scanned properly. Sso if you want to wait til you get those that would be fine and you could send a more updated list in the next day or two.
Beyond the six you sent me, how many more parcels are we talking about to reach the threshold for the third issuance?
Also, I talked to Irv and am aware that you wanted more comprehensive info on the tax sales, so I should have a list sent from the sheriff that will include the addresses, purchase price, etc sometime today.
Thanks for all your help and patience.
Kurt K. Schulte
Senior Project Manager CPDC/DRG
200 N. Broadway, Suite 1550 St. Louis, MO 63102
Phone: (314) 621-4373 x19
Fax: 621-4635
From: Perry, Ann [mailto:ann,perry@ded.mo.gov] Sent: Tuesday, March 30, 2010 10:22 AM
To: Kurt Schulte
Subject: RE:
Hi,
Yes I have received 4. Thank you. Also, I have updated the 1st and 2nd issuance spreadsheets with the other info submitted. Do you want updated spreadsheets or is what you have ok? Ann
From: Kurt Schulte [mailto:KSchulte@cpdcdrg,com] Sent: Tuesday, March 30, 2010 10: 13 AM
To: Perry, Ann
Subject:
Of the six parcels you sent me last week for issuance 3, I have sent you the Cays on 4 of them and I want to confirm you got those. As I mentioned one parcel does not have a COY filed because it was purchased from a bank after a foreclosure and the City does not require the filing of a COY for that. I will get the last COy for you soon.
Kurt K. Schulte
Senior Project Manager
41
CPDC/DRG
200 N. Broadway, Suite 1550 St. Louis, MO 63102
Phone: (314) 621-4373 x19 Fax: (314) 621-4635
42
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02, 20108:41 AM Pieper, Chris
FW:
From: Perry, Ann
Sent: Tuesday, March 3D, 2010 10:22 AM To: 'Kurt Schulte'
Subject: RE:
Hi,
Yes I have received 4. Thank you. Also, 1 have updated the i" and 2nd issuance spreadsheets with the other info submitted. Do you want updated spreadsheets or is what you have ok? Ann
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Tuesday, March 30, 2010 10: 13 AM
To: Perry, Ann
Subject:
Of the six parcels you sent me last week for issuance 3, I have sent you the COVs on 4 of them and I want to confirm you got those. As I mentioned one parcel does not have a COY filed because it was purchased from a bank after a foreclosure and the City does not require the filing of a COY for that. I will get the last COy for you soon.
Kurt K. Schulte
Senior Project Manager CPDC/DRG
200 N. Broadway, Suite 1550 Sf. Louis, MO 63102
Phone: (314) 621-4373 x19 Fax: (314) 621-4635
43
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02, 20108:41 AM Pieper, Chris -
FW: acquisitions
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Monday, March 29, 2010 11:26 AM
To: Perry, Ann
Subject: RE: acquisitions
Ann: I should have these six today. I will also be forwarding you some others from 1&2 as well. Are these six all you need for the third issuance?
Kurt K. Schulte
Senior Project Manager CPDC/DRG
200 N. Broadway, Suite 1550 St. Louis, MO 63102
Phone: (314) 621-4373 x19
Fax: 621
From: Perry, Ann [mailto:ann.perry@ded.mo.gov] Sent: Tuesday, March 23, 2010 11:45 AM
To: Kurt Schulte
Cc: Pauley, Mark
Subject: RE: acquisitions
Ok. I was actually asking because I have a few from the 1st and 2nd issuance that for some reason didn't get included in that issuance but can be included in the 3'd issuance and! was just going to pull them up. I've attached the spreadsheet I am starting for the 3'd issuance. These properties were part of another settlement statement. I don't have cavan any of them ...
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Tuesday, March 23, 2010 11:42 AM
To: Perry, Ann
Cc: Pauley, Mark
Subject: RE: acquisitions
Ann: I just talked to Irv about the tax sale parcels. Since the property transfer happens in court, there is no COV usually filed. I am contacting the attorney that handles the confirmations to see what kind of documentation they have that shows the amount paid and the transfer of property.
Kurt K. Schulte
Senior Project Manager CPDC/DRG
200 N, Broadway, Suite 1550 St Louis, MO 63102
Phone: (314) 621-4373 x19 Fax:
From: Perry, Ann [mailto:ann.perry@ded.mo.gov] Sent: Tuesday, March 23, 2010 10:49 AM
44
To: Kurt Schulte
Cc: Pauley, Mark Subject: Re: acquisitions
Kurt, is there a way for me to pull cov from the internet?
From: Kurt Schulte <KSchulte@cpdcdrg.com> To: Perry, Ann
Cc: Pauley, Mark
Sent: Tue Mar 2310:41:472010 Subject: RE: acquisitions
Thanks Ann. I'll try to get on this asap.
Kurt K. Schulte
Senior Project Manager CPDC/DRG
200 N, Broadway, Suite 1550 St. Louis, MO 63102
Phone: (314) 621-4373 x19
Fax: 621-4635
From: Perry, Ann [mailto:ann.perry@ded.mo.gov] Sent: Monday, March 22, 20104:28 PM
To: Kurt Schulte
Cc: Pauley, Mark
Subject: acquisitions
Hi Kurt,
We've gone through the list yet another time. I have highlighted the properties that I am missing info for and have noted what is needed. Please let me know if you have questions. I have gone back through old emails in case I missed something and found a few more items. For now I think I've documented what we have. I apologize if you are having to resend some of the info, there is a lot to go through.
let me know if you have questions and Tha nks for your help! Ann
45
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02,20108:41 AM Pieper, Chris
FW: acquisitions
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Tuesday, March 23, 2010 11:42 AM
To: Perry, Ann
Cc: Pauley, Mark
Subject: RE: acquisitions
Ann: I just talked to Irv about the tax sale parcels. Since the property transfer happens in court, there is no COV usually filed. I am contacting the attorney that handles the confirmations to see what kind of documentation they have that shows the amount paid and the transfer of property.
From: Perry, Ann [mailto:ann.perry@ded.mo.gov] Sent: Tuesday, March 23,201010:49 AM
To: Kurt Schulte
Cc: Pauley, Mark
Subject: Re: acquisitions
Kurt, is there a way for me to pull coy from the internet?
From: Kurt Schulte <KSchulte@cpdcdrg.com> To: Perry, Ann
Cc: Pauley, Mark
Sent: Tue Mar 23 10:41:472010 Subject: RE: acquisitions
Thanks Ann. I'll try to get on this asap.
Kurt K. Schulte
Senior Project Manager GPOC/ORG
200 N, Broadway, Suite 1550 S1. Louis, MO 63102
Phone: (314) 621-4373 x19 621-4635
From: Perry, Ann [mailto:ann.perry@ded.mo.gov] Sent: Monday, March 22, 2010 4:28 PM
To: Kurt Schulte
Cc: Pauley, Mark
Subject: acquisitions
46
Hi Kurt,
We've gone through the list yet another time. I have highlighted the properties that I am missing info for and have noted what is needed. Please let me know if you have questions. I have gone back through old emails in case I missed something and found a few more items. For now I think I've documented what we have. I apologize if you are having to resend some of the info, there is a lot to go through.
let me know if you have questions and Thanks for your help! Ann
47
Overbey, Dawn
From:
Sent:
To:
Subject:
Perry, Ann
Friday, July 02,20108:41 AM Pieper, Chris
FW: acquisitions
From: Kurt Schulte [mailto:KSchulte@cpdcdrg.com] Sent: Tuesday, March 23, 2010 10:51 AM
To: Perry, Ann
Cc: Pauley, Mark
Subject: RE: acquisitions
No, unfortunately the City doesn't have that service online. If they did, this would have been a whole lot easier. We have to go through the title company or a contact I have in the assessor's office.