
Many of us in the community have been anxiously anticipating the opening of the Coffee Rail. It will serve increase the marketability of our community, hopefully act as a catalyst to the neighboring businesses, and allow us residents quick access to gourmet cup of joe.
But alas, there have been complications with the Olsen Company and SCE, and it now seems the shop may never open. Recently, a long Update Letter was posted on their front windows. It is very inconvenient to read such a long post while standing uncomfortably outside, so here it is now, for you to read online. It reads:
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Update to our “DeRailment” READ! READ! READ!
This is Olson’s response regarding the unit’s Electrical deficiencies.
(Coffee Rail) – I wanted to recap our conversation from yesterday to make sure that I understood your position.
(Coffee Rail) – Olson is continuing on pursuing our electrical issue with SCE. Problem on hand is with regards to some red-tape. Can you further clarify as to what this is exactly?
(Olson’s VP of Customer Service) – We are moving forward with efforts to have a meeting with SCE regarding construction issues with the Project.
(Coffee Rail) – You have investigated on possibly making the current 100A to support both our workplace and living space. Shouldn’t you guys have done this from the early stages of design/planning? According to your own load calculations, we are already 70% capacity for the living space. Which means that we are only looking at allocating 30A to the workplace? I don’t see how this could work even if I remove some of my equipments.
(Olson’s VP of Customer Service) – Your unit and building appear to be according to the approved plans.
(Coffee Rail) – Your statement was that you feel that Olson didn’t misrepresent the space during the Sales process and therefore is not liable for our losses. I don’t know what your definition of a “Coffee House” is but, every “Coffee House” that I have been into along with our previous business we use to own. All the equipments that I have are at its minimum requirement. And according to Olson’s and the City’s approved list of businesses “Coffee House” is part of that list. From day one of our interest to purchase, we even spoke with the City of Fullerton’s Planning Department to confirm and make sure that our intent was going to be approved. Not to mention all of you sales people (names were removed) that we had dealt with from day one of the sales process knows exactly what our intent was for the space. So who is liable, the consumer?? We did our due diligence and clearly we bought product that was misrepresented. Also, if you recall, you as part of the HOA board approved our Business Plan.
(Olson’s VP of Customer Service) – While we appreciate you comments, we have a different opinion. The CC&Rs provide nothing other than the allowable uses for the Units, without representations regarding improvements to the Unit which may be necessary to accommodate a particular use. The CC&Rs are, our opinion, very clear that (i) only the “uses” are auhorized and (ii) compliance with all applicable codes, regulations, permit obligations, improvements to the Unit, etc. are the sole responsibility of the Owner. The CC&Rs also put the onerours on the Owner to obtain and comply with all building coes and regulations and specifically state that approval under the CC&Rs is not an approval of the design or plans from the standpoint of structural safety or compliance with building or other codes. It is incumbent on each Owner to confirm what items may be necessary to conform his or her Unit to accommodate the intended use, which would include electrical capabilities of the Unit, as well as special constraints, structural, etc.
(Coffe Rail) – I would not be in this predicament if you guys have done you homework and properly have designed the space. I have been very patient all this time and have run out. If this is your position and I understood everything that you have told me as accurately represented above, please confirm and so we can make a decision on what we need to do. I need an official statement from the Olson by the EOB on Friday.
(Olson’s VP of Customer Service) – It seems evident to us that during your due diligence process in evaluating the space to accommodate you business planes, you would have examined all aspects including the ability to fit you equipment, locations of counters, outlets, lighting, power needs, plumbing needs, access, etc. – had you completed those tasks, you would have identified the additional work necessary to enable your business to obtain the proper permits. Based on our research today with staff and the documents which you have received, we still do not see where there was any misrepresentation.
I will be more than happy to meet with you to discuss any of these concerns further.
************Questions and comments…please e-mail: coffeerail@gmail.com
When buying a property, is it the buyer’s responsibility to be looking into all the building aspects (i.e. structural support, walls) the prospective building? Should you be checking with SCE if the project is zoned properly? From a design point of view, should a designer be considering for minimum or maximum prospective use of the space? YOU DECIDE! In our case, it was overlooked. This posting is to update our potential customers to why Cofee Rail is derailed.
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Phew! that was a lot. So my question is, are you still going to open or what? Anyways, floor is open for comments…