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Valley R Plaza P1-CS 881103KL _..NII'I H COMPANIE$ INC. AMERICAN CONCRETE PRODUCTS INC. SACO, INC. VISTA DEVELOPMENT CORP. PACE, INC. November 3, 1988 Mr. Steven M. Morton Chief Developmental Inspector City of Coppell PO Box 478 Coppell, TX 75019 RE: Valley Ranch Goodyear Dear Mr. Morton This letter is written to advise you of our position relative to the physical improvements for the Goodyear Auto Tire Center on the above referenced site. We have in our possession only one document which simply is shown to be a building permit which allows us to proceed with construction of the improvements for the site and building as submitted and approved. To date, we or no representative of this company has seen anything that would indicate that permit to be a temporary permit or a restricted permit that can be stopped by virtue of lack of someone else's willingness to perform and complete a task that had been agreed to with your city. Please understand that we will do anything that we can in terms of cooperating with you to make sure the improvements that we are making are done in compliance with your codes and the plans as agreed to. However, I find it unreasonable and questionable that you would use us as a lever to try and force Dunning Development to complete improvements that had been agreed to with you and that for reasons outside of our control you have been unable to get them to complete. I suggest that you use means other than levering an independent third party to bring these completions about. Let me make it clear that if we suffer loss by virtue of time or other things because of your restrictions, we will look solely to you and Dunning Development for reimbursement for any such losses. Please be aware that we made every possible attempt to delay the closing until all improvements had been completed by Dunning, and evidence of that completion was your issuance of a building permit. It is extremely dis- couraging to find out in the aftermath of the building permit having been received that we are being used as a lever to elicit performance out of someone whom we have no ability to control. If there is any reason that you are restricting our ability to move forward other than your inability to get cooperation from Dunning, please inform us of those things immediately. If there are no other reasons, I ask that you help P.O. Box 376 o Johnston, IA 50131 Mr. Steven Morton November 3, 1988 Page 2 us and cooperate with us in terms of inspections, etc. in allowing us to move forward to complete the improvements that have been permitted by virtue of our plans and specifications. Please understand that we will cooperate in any method we can to try to help you achieve what it is that you are after, short of being squeezed as an independent third party. With best regards Kenneth L. Smith KLS/jjm cc: Cliff Swartz Eric Langford Dunning Development