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Whether or not Ohio law requires disclosures about Mold really isn't the issue.  I want them to affirmatively state that they haven't had any mold or water problems so that if the problems do arise in the future, and it's discovered that they knew about it, we have a better claim that our lease agreements were fraudulently induced. 

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Whether or not Ohio law requires disclosures about Mold really isn't the issue.  I want them to affirmatively state that they haven't had any mold or water problems so that if the problems do arise in the future, and it's discovered that they knew about it, we have a better claim that our lease agreements were fraudulently induced. 

Then ask.  If they cannot give you an answer you find acceptable, tell them that you no longer wish to rent a unit and find another place that suits your needs.

 

Morally, if there are issues, I would hope K&D would come out and publicly state the "issues", instead of keeping quite only to have an investigation launched that uncovers X wrong-doings.

Is K&D using union workers for 668?  If not, that could have been a smear campaign started by a union member pissed off that she's not getting the work...

Every time I have driven past 668 there is always a few guys in hard hats across the street holding a gigantic "shame on you" sign... I guess some union isn't happy with the work going on there.

So it would have to be in writing, no phone calls would do any good?

 

Who would have to be contacted? K&D top execs? Property management?

You don't need a top exec.  You just need an agent of the firm i.e. anyone with at least the "apparent" authority to make representations on behalf of the company.  A leasing agent would almost always meet that criteria unless he or she is clearly speaking to you with the caveat that he or she must discuss the issue with management first or is not empowered to make representations on behalf of the company..

 

Legally, it wouldn't necessarily "have" to be in writing, but thinking ahead, if you are trying to get the assurance as a hedge against problems in the future, it would make sense to get it in a form that's easy to prove when said problems arise. 

 

I'm certainly not trying to sound any alarm bells here.  I like the property and I'm excited about living there.  With that said, I will say that 1) I have lived in another K&D property in the past and it was not necessarily a wonderful experience, and 2) more importantly, I have lived in new construction in the past and inevitably, problematic issues arise and you're smart to think about getting guarantees from the property owner while you still have the leverage of them needing you to sign the lease.  Once your name is on the paper, your position is significantly weakened. 

 

They are obviously in a hurry to get this property finished.  I'm all for expediting the job, but we should all think about our potential recourse if any of the consequences of rushing the job were ever to hit the fan.  I cannot think of a more serious consequence, aside from major structural failure, than mold.

Peter Lemon Jello -- that has to be one of the most creative forum names I've seen here. Welcome aboard PLJ (interesting, that's the same letters as in Peter Lawson Jones... I hope I didn't rat you out!).

"In the souls of the people the grapes of wrath are filling and growing heavy, growing heavy for the vintage." -- John Steinbeck

Peter Lemon Jello -- that has to be one of the most creative forum names I've seen here. Welcome aboard PLJ (interesting, that's the same letters as in Peter Lawson Jones... I hope I didn't rat you out!).

 

I would loooovvvveeee for you to be right on this  :clap:

Peter Lemon Jello -- that has to be one of the most creative forum names I've seen here. Welcome aboard PLJ (interesting, that's the same letters as in Peter Lawson Jones... I hope I didn't rat you out!).

 

I would loooovvvveeee for you to be right on this  :clap:

 

Well if he is PLJ, that means:

– He's been asked to leave the house in Shaker

– Or he's renting a second home downtown.

The easiest thing for prospective tenants might be to add a lease rider allowing the tenant to terminate the lease if mold is found in the unit or in the unit's walls.  I can't imagine K&D will agree to compensate for mold, but asking to at least be let out seems pretty reasonable.

I'm not Peter Lawson Jones, I assure you (I actually had to google the name to figure out who Peter Lawson Jones is).  Peter Lemonjello is a character from a movie. 

 

Anyway, I would imagine that your basic warranty of habitability would cover any mold that was toxic enough to make you leave your apartment, but still . . . It never hurts to lock someone, especially a landlord, into their story before they have a chance to explain it away. 

 

If K&D is asked about it now, before anyone has moved in, they have two options:  1) Deny it (and hopefully it isn't true anyway) and fraudulently induce people to sign their leases, or 2) Admit it, in which case prospective tenants (even ones who had already signed their leases, asuming K&D had really failed to disclose a material fact) could choose not to live there. 

I'm not Peter Lawson Jones, I assure you (I actually had to google the name to figure out who Peter Lawson Jones is).  Peter Lemonjello is a character from a movie. 

 

Anyway, I would imagine that your basic warranty of habitability would cover any mold that was toxic enough to make you leave your apartment, but still . . . It never hurts to lock someone, especially a landlord, into their story before they have a chance to explain it away. 

 

If K&D is asked about it now, before anyone has moved in, they have two options:  1) Deny it (and hopefully it isn't true anyway) and fraudulently induce people to sign their leases, or 2) Admit it, in which case prospective tenants (even ones who had already signed their leases, asuming K&D had really failed to disclose a material fact) could choose not to live there. 

 

 

BINGO!

I'm not Peter Lawson Jones, I assure you (I actually had to google the name to figure out who Peter Lawson Jones is).  Peter Lemonjello is a character from a movie. 

 

Anyway, I would imagine that your basic warranty of habitability would cover any mold that was toxic enough to make you leave your apartment, but still . . . It never hurts to lock someone, especially a landlord, into their story before they have a chance to explain it away. 

 

If K&D is asked about it now, before anyone has moved in, they have two options:  1) Deny it (and hopefully it isn't true anyway) and fraudulently induce people to sign their leases, or 2) Admit it, in which case prospective tenants (even ones who had already signed their leases, asuming K&D had really failed to disclose a material fact) could choose not to live there. 

 

Peter Lemongello with a "g" was a singer from the 70's. I thought that's who you were when I first saw the name! lol

 

As a matter of fact, I didn't know you were still around. I look forward to your upcoming gig at Feinstein's at the Regency in New York--

http://www.jambase.com/shows/event.aspx?EventID=1000249

 

Getting back on topic, I'm just going to say the following:

 

1. A comment on cleveland.com could be completely legit OR completely bogus.

2. The problem is we'll likely never know because they don't require registration.

3. Obviously any potential problems are a legitimate concern for potential residents.

4. It's fine to discuss those problems here, but again - refer to #2.

5. If people going to be dispensing legal advice - just like anyone else in their respective professions; it's probably best to be upfront about who you are. 

6. Depending on what kind of advice we're talking about, I might suggest taking the discussion offline.

 

Carry on, but keep those points in mind please :-)

Getting back on topic, I'm just going to say the following:

 

1. A comment on cleveland.com could be completely legit OR completely bogus.

2. The problem is we'll likely never know because they don't require registration.

3. Obviously any potential problems are a legitimate concern for potential residents.

4. It's fine to discuss those problems here, but again - refer to #2.

5. If people going to be dispensing legal advice - just like anyone else in their respective professions; it's probably best to be upfront about who you are. 

6. Depending on what kind of advice we're talking about, I might suggest taking the discussion offline.

 

Carry on, but keep those points in mind please :-)

 

That site does require registration, but you can't the email or PM them or anything.

Walking by and I thought I would give you guys a pic update of the prospect side.

 

 

Looks pretty good from the outside, nice improvement.

Coming along nicely. I hope most of the construction materials/trucks/gates in front of the building are gone by the move in date! Don't know if that's likely.

thx for the pic -- yeah, it sure looks very nice, no complaints!

Nice project, but what about making it something more than just another grey facade.  We've got all these old structures, how do we maximize their impact on the street and aesthetic of the city?  Just a thought.

Nice project, but what about making it something more than just another grey facade. We've got all these old structures, how do we maximize their impact on the street and aesthetic of the city? Just a thought.

 

maybe CPA should have a design competition, best way to get the most ideas for the free.

Personally, I find accent lighting more impactful than paint, especially in an area that has a bustling nightlife.... which, dare I say, we are starting to see along this stretch of Euclid.  :clap:

 

On the mold issue, everyone should know that almost every structure has some type of mold.  My house has mold and, chances are, your's does too.  It is the black/toxic mold that it is a problem. 

Personally, I find accent lighting more impactful than paint, especially in an area that has a bustling nightlife.... which, dare I say, we are starting to see along this stretch of Euclid.  :clap:

 

On the mold issue, everyone should know that almost every structure has some type of mold.  My house has mold and, chances are, your's does too.  It is the black/toxic mold that it is a problem. 

 

Yes it's very expensive to eradicate and a long process. 

 

When my nephew, grandfather and I were demoing my nephews bedroom to remodel it, we found mold...then black mold.  It was all over one wall.  We figured that is why he was having "headaches".  The mold went from a second floor window all across a wall and down to the first floor.  It took them 7 months to get it all out.

Personally, I find accent lighting more impactful than paint, especially in an area that has a bustling nightlife....

 

Agreed.  Especially if the building is historic.  I know w28th was joking with is color scheme (right??) but something like that would be more acceptable on a new build, such as the dream 20-30 story residential structure I'd like to develop on that surface lot at East 4th and Prospect. :)

The K&D Group, Inc., developer of The Residences at 668, has engaged a world-class construction company, Cleveland Construction, Inc., as its Construction Manager for this exciting multi-million dollar project.  CCI is experienced with the protocols of remediating and abating renovated buildings, and has been involved in similar renovation projects across the country. CCI is taking every precaution to assure that The Residences of 668 will be constructed in accordance with the highest professional standards and duty of care, and consistent with industry practices for such projects.  It is unfortunate and disappointing that the unsubstantiated ramblings of a disgruntled construction worker would garner such credibility.

The K&D Group, Inc., developer of The Residences at 668, has engaged a world-class construction company, Cleveland Construction, Inc., as its Construction Manager for this exciting multi-million dollar project.  CCI is experienced with the protocols of remediating and abating renovated buildings, and has been involved in similar renovation projects across the country. CCI is taking every precaution to assure that The Residences of 668 will be constructed in accordance with the highest professional standards and duty of care, and consistent with industry practices for such projects.  It is unfortunate and disappointing that the unsubstantiated ramblings of a disgruntled construction worker would garner such credibility.

 

Welcome KDManagement.  I hope you are a representative of the company who can speakon its behalf.

 

It's always great when we get someone directly involved and affliated with a project posts here on the board.

 

This isn't cleveland.bomb, and without speaking for the group, most of us took that post with a grain of salt.

 

Hopefully we'll see more post by you and get some cool behind the scenes details and previews not available to the general public.

I read the post several times, and my question is:

 

So, there is/was no mold at all? And if there was mold, and will be again in the future, what would K&D do?

 

EDIT: deleted!

Welcome to the forum. And thank you for directly addressing the issue.

 

 

I applaud KD Mgmt. for getting on the forum, but that sounded more like HR speak then directly addressing the issue.

Welcome to the forum. And thank you for directly addressing the issue.

 

 

I applaud KD Mgmt. for getting on the forum, but that sounded more like HR speak then directly addressing the issue.

 

Exactly. 

I mean for a disgruntled construction worker, all he is saying is that people should get assurances before they move in.  If mold isn't an issue that shouldn't be a problem now should it.

Regarding them new windows going in on the side of 668 where the Hippodrome Theatre used to be: as the openings have arched tops and the new windows are rectangular, what is to go in to fill the space?  I know Cleveland, among many other cities, had hundreds of buildings with such windows, and the space was filled in with a wood strip.  'Sure don't look good with that gap....

Welcome to the forum. And thank you for directly addressing the issue.

 

 

I applaud KD Mgmt. for getting on the forum, but that sounded more like HR speak then directly addressing the issue.

 

Why should they spend time "validating" comments by a disgruntle construction worker?

 

Its the construction workers credibility that is in question, not K&D's.

Welcome to the forum. And thank you for directly addressing the issue.

 

 

 

I applaud KD Mgmt. for getting on the forum, but that sounded more like HR speak then directly addressing the issue.

 

Why should they spend time "validating" comments by a disgruntle construction worker?

 

Its the construction workers credibility that is in question, not K&D's.

 

Then why get on the forum?

Welcome to the forum. And thank you for directly addressing the issue.

 

 

I applaud KD Mgmt. for getting on the forum, but that sounded more like HR speak then directly addressing the issue.

 

Why should they spend time "validating" comments by a disgruntle construction worker?

 

Its the construction workers credibility that is in question, not K&D's.

 

Maybe because it is K&D saying that its a disgruntled construction worker... 

 

So its only K&D's word against the construction workers.  Again I hope it is not true but K&D does have a bit of a reputation, and they are a bit guilty of poor business practices in the past, so If they need to spend some time to repair a somewhat blemished reputation then thats what they need to do........................

Welcome to the forum. And thank you for directly addressing the issue.

 

 

 

I applaud KD Mgmt. for getting on the forum, but that sounded more like HR speak then directly addressing the issue.

 

Why should they spend time "validating" comments by a disgruntle construction worker?

 

Its the construction workers credibility that is in question, not K&D's.

 

Then why get on the forum?

 

To enlighten us.  As with MANY projects going on around Cleveland.  There are many times that a representative from a project, post updates and let us in on behind the scenes items. 

 

One example, the Avenue District folks.

 

They are not only parterning with those in their target audience, they interact with people who are interested in the well being, building and overall greater good of Cleveland.

 

This is why UO is a "trusted" source of information.  There have been reports by some that K&D has not been up to snuff in some area's of constuction (one of the stonebridge buildings) and maybe this is there attempt to connect with interested parties while at the same time correcting any incorrect information.

Regarding them new windows going in on the side of 668 where the Hippodrome Theatre used to be: as the openings have arched tops and the new windows are rectangular, what is to go in to fill the space? I know Cleveland, among many other cities, had hundreds of buildings with such windows, and the space was filled in with a wood strip. 'Sure don't look good with that gap....

 

I'm also interested in what will happen with the western wall of the building. Currently, there are one or two cutouts but it is otherwise a blank brick wall. I am wondering if plans are to retain it this way or to build in windows, put up a mural, etc. And I wonder if, given the Historic Preservation credits, they have leeway to make improvements to the exterior when a portion of the exterior was not previously visible.

A little while back in this forum the idea of a "green wall" was discussed - whereby plant greenery would be planted to cover the wall.  Was this purely speculative or is there some connection with the developer?  How would that work with anyone's windows there?  Probably not too well, though perhaps the vines or whatever could be trimmed, just like is done with Boston ivy (frequently a nuisance, though!).

that was just some people tossing around ideas.  There is a section of the west wall of the building that is completely devoid of windows.

Back to the mold issue  :-D

 

As a person who will move to 668 scheduled on August 15th I want to ask you this:

 

Does the "official statement" from K&D clear out everything about the issue? Should I have "any question of my level of comfort" in the future?

It certainly does not clear out anything, since it didnt even address that specific issue. 

Back to the mold issue  ;D

 

As a person who will move to 668 scheduled on August 15th I want to ask you this:

 

Does the "official statement" from K&D clear out everything about the issue? Should I have "any question of my level of comfort" in the future?

 

Have you yourself contacted the leasing agent?

Snapped this with my phone walking home last night... I can't wait to see lights on IN the building, but it is great to see lights on ON the building...  :wink:

Nice! Looks good with the lights!

Thanks Mayor

Back to the mold issue  ;D

 

As a person who will move to 668 scheduled on August 15th I want to ask you this:

 

Does the "official statement" from K&D clear out everything about the issue? Should I have "any question of my level of comfort" in the future?

 

Have you yourself contacted the leasing agent?

Yes I have contacted them and they said this: "...our statement is reflected on the UrbanOhio.com website. This is our official statement, which we stand by 100%. If there is any question of your level of comfort, you may want to consider staying at (my apartment right now, which is K&D also)" :shoot:

Back to the mold issue  ;D

 

As a person who will move to 668 scheduled on August 15th I want to ask you this:

 

Does the "official statement" from K&D clear out everything about the issue? Should I have "any question of my level of comfort" in the future?

 

Have you yourself contacted the leasing agent?

Yes I have contacted them and they said this: "...our statement is reflected on the UrbanOhio.com website. This is our official statement, which we stand by 100%. If there is any question of your level of comfort, you may want to consider staying at (my apartment right now, which is K&D also)" :shoot:

 

That's unfortunate that's as far as they were willing to go (I understand why they are limiting it to that, but it doesnt exactly put my mind totally at ease).  I would try to talk to a construction worker currently working on the project to either get it debunked or confirmed that this could be an issue.

(like was water ever really coming through the roof?) 

 

Can anybody confirm if that statement is sufficient? (doesn't seem so)

 

Note they didn't add anything after the one vague statement.   

Well this is just me, but when I read the following statement "It is unfortunate and disappointing that the unsubstantiated ramblings of a disgruntled construction worker would garner such credibility."

 

I take it to mean they are saying the rumor was a load of crap... but again, that's just how I interpret it.

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