Rezko Primer VII. Land Strip Purchase from Rezko
UPDATED 3/17/08 to include Sun-Times and Tribune interviews and documents released by the campaign.
Part of the requirement in the neighborhood was that an empty lot would have to be fenced from the housed lot due to Landmarks rules in Chicago. To make the lot aesthetically pleasing, Obama asked Rezko to sell a portion of the vacant lot to him to create a reasonable buffer:
To preserve the aesthetic balance, Obama also wanted to put some space between his house and the proposed fence, so he personally asked Tony Rezko if they would sell a portion of their lot without restricting their ability to build in the future.
“I told them if you can spare another 5 or 10 feet, I’d be happy to purchase it from you,” Obama said. “They came back and said they could sell us up to 10 feet.”
Using a standard formula, Obama’s appraiser estimated the 1,500-square-foot portion at a market value of $40,500.
But Obama felt it would be fair to pay the Rezkos $104,500, or a sixth of their original $625,000 purchase price, because he was acquiring a sixth of their land. The sale closed in January 2006.
Obama’s answer to the Sun-Times:
Q: Did Rezko have an appraisal performed for the 10-foot strip?
A: I had an appraisal conducted by Howard B. Richter & Associates on November 21, 2005.
Q: Was there a negotiation? Did he have an asking price, or did he just say, whatever you think is fair?
A: I proposed to pay on the basis of proportionality. Since the strip composed one-sixth of the entire lot, I would pay one-sixth of the purchase price of the lot. I offered this to Mr. Rezko and he accepted it.
Again, no one has brought forth any information to contradict Obama’s version including reporters who looked into the deal.
Tribune Discussion of Strip and Fence:
The next phase then is the strip of land that we bought from Tony Rezko that was adjacent to our part of the property. The way this came up, I wanted a fence to be erected between the two properties. Tony agreed to build that fence. The reason he agreed was that it was under, under municipal code, it was his obligation to build that fence and create a separation.
And during the discussions about building that fence, I suggested to him, you know, I would be interested potentially in purchasing either 5 or 10 feet, a 5- or 10-foot strip alongside that property to widen my side yard. And, but I said that “if it turned out that you had, if that was of interest to you and the rest of the lot was perfectly developable, then that’s something that I would be interested in.”
So I threw that out in a relatively casual way. This was not a big deal to us. It was not something that was critical to our property values, but it was something that I thought would be nice because I’ve got a 9-year-old daughter and a 6-year-old daughter. And in fact, the way this came up was there was a, originally a play, big swing-set thing that went across both properties that we had to tear down, and constructing a new one, there wasn’t going be enough room. And so that’s what triggered my thinking that it would be nice to widen the lot.
He said that he would have his developer or surveyor, whatever the term is, come out and take a look and see how big the property would be and how much space they would need in terms to develop it to see if it would be something that would be buyable.
I, in turn, asked my attorney to do an appraisal of what it would, what a fair price for that 10-foot strip would be or a 5-foot strip would be to make sure that I paid fair market value for such a transaction. The appraisal actually came back relatively low, something like $40,000.
And that was attributable to the fact that there just aren’t comps for a 10-foot strip of land and that was noted by the appraiser. The appraisal—which is, by the way, all these documents are in there—the appraisal did note that the other parcel, Rezko’s remaining parcel, would be fully developable if he sold this to me. And so rather than pay the appraised price, I paid one-sixth of the cost of his property. He agreed to sell that 10-foot strip.
And, you know, I made sure that all the paperwork was done, and since we’re in a landmark’s district, we contacted the [Chicago] Landmarks Commission; in fact Michelle had once served on the Landmarks Commission board. She called somebody she knew down there to find out what regulations or requirements existed in terms of both erecting a fence and any other T’s that had to be crossed or I’s that had to be dotted. And so then the transaction went forward.
Now, last point I’ll make—I know I’ve been long-winded, but I figured I’d try to disgorge as much as this as possible and then you guys can ask questions.
The obvious question is, and this has been posed to me by the Tribune and by other news outlets: If you knew this guy was already under a cloud of suspicion or was having problems, why would you go through with a transaction with him?
The answer is that, at least with respect to the purchase of the house: He wasn’t involved in the purchase of my house, and at that time, the news around Rezko’s problems had not elevated to the levels that they did later.
This was somebody that I had known for a very long time. He had never asked me for favors and had not done me any favors. And so, although in looking backward, I can see how it could have raised issues, it didn’t at the time for me. And that can be considered a smaller lapse of judgment.
A larger lapse of judgment existed when it came to the strip of property. Because at that time, it became clear that Rezko was getting into bigger problems, and this was now a business transaction with him. And this is what I’ve referred to as a “bone-headed” move.
But it is in the context of somebody, again, that I had known for a long time, who I was now a neighbor with, who, frankly, I did not think was doing me a favor because I was paying a substantial amount of money, and he continued to have a developable piece of property. In retrospect, this was an error, and I’ve said so publicly and repeatedly.
This was a mistake on my part. The mistake, by the way, was not just engaging in a transaction with Tony because he was having legal problems, the mistake was because he was a contributor and somebody who was involved in politics, and I should not have engaged in a business dealing with him in general. And I’ve acknowledged that, because it’s raised the appearance of impropriety.
Having said that, the transaction was aboveboard. I paid the full market price for it, and I don’t think there have been any suggestions that I did not. So with that, let me stop.
Let me just wrap up by talking about the strip of land. I wanted to build a fence between the properties so it wouldn’t be perceived I was using this lot. Tony agreed to pay for the erection of a fence. I agreed to make sure that all the legal issues were resolved because it’s a landmark district, so there were questions about what the fencing could look like and so forth. During discussions about the fence, I mentioned to Tony that I might be interested in a 5- to 10 feet of that strip if it was still developable because, even breaking this in half, it was still a larger lot than most Chicago lots. It was a 60-foot lot. So, he said, “I might be interested in that,” and “Let me talk to my folks about if they relinquished a strip, will it impede any development capacity on the lot,” and it was determined that it wasn’t.
I, in the meantime, asked for an appraisal about because I didn’t want to be perceived as paying below an appraisal price. The appraisal came back, actually, at $40,000, partly because the appraiser said it’s hard to figure out a piece of property that can’t be developed on. And my view was I either paid the appraisal price or one-sixth of what Tony paid for land, whichever was higher, because I wanted to make sure it was fair and he was getting fair market value. So I paid one-sixth of the price, which was approximately $104,000, and then the fence was erected.
Let me close by saying this. During the time that I was purchasing the house, there were some noises about Tony having potential problems. But they . . . hadn’t risen to the attention that they ultimately would. And I viewed him as . . . purchasing the lot as a friend purchasing a lot, somebody who was interested in real estate development and who was experienced in real estate development.
It is possible that he purchased that lot partly out of business interests and the belief it would appreciate, partly out of a desire to have a lot next to me. I can’t speak fully in terms of his motives.
But it’s fair to say at that time a red light might have gone off in my mind in terms of him purchasing his property next to mine, and the potential conflicts of interest. And I think that’s the first stage of where I wasn’t sufficiently focused on how this would look.
I think that a larger problem is me having bought the strip of land. At that point, it was clear that he was going to have some significant legal problems. But more to the point, even if he hadn’t‚ he was a contributor and somebody who was doing business with the state. For me to enter into a business transaction with him was a bad idea. I’ve said repeatedly it was a boneheaded move, and a mistake that I regret.