04/23/02 Beard to Kukulski/Temporary CertificateDepot
Subject: Home Depot
Date: Tue, 23 Apr 2002 13:44:23 -0500
From: Stan Beard <sbeard@cross we] 1properties.com>
To: "Chris Kukulski (E-mail)" <ckukulski@kalispell.com>
CC: "Kerry Swanson (E-mail)" <kerry_swanson@homedepot.com>,
Kirk—Bezanson@homedepot.com
It has been brought to my attention that the city is choosing to issue a
temporary certificate of occupancy to Home Depot as opposed to a final.
Apparently, the city is concerned with whether or not the landscaping has,
or will, survive the winter. Allow me to address a few points with you:
1. The landscape is warranted to Home Depot for a period of one year from
tomorrow's opening per our development agreement with Home Depot. Any
non -surviving plants will be replaced immediately as soon as consistent
weather conditions allow.
2. The landscape for all of Mountain View and including Home Depot is
included in the multi -million dollar bond that I have established in favor
of the City. Any non -completion or unsatisfactory completion of the work is
covered by the bond. I believe that bond expires in 3 years.
3. There are provisions in our agreement with Home Depot which could allow
them to seek damages from my company if they do not receive a final
certificate of occupancy. I will not let that blame fall solely on our
shoulders.
4. Target has closed and we have begun the second and final phase of
Mountain View Plaza. Completion of the landscape for all of Mountain View,
will be completed prior to this fall.
5. We have consistently and continually followed through with every
agreement and promise we have made to the City. I would appreciate some
level of reason from your zoning and building department regarding the
issuance of a final certificate of occupancy.
Chris, I need your immediate attention to this matter. As always, give me
a call and we can further discuss. Thanks for your anticipated cooperation.
Stan Beard
713.266.9200
4/29/02 2:13 PM