Agreement for Legal Services_Ted A. Cox

Browse Search

diesel fuel. See Exhibit 1 attached. The City representatives advised that they would not approve construction of a Luck stop and the Owner's representatives advised them that Owner was not building a truck stop. The Project is part of the real property covered by the Special Conditional Use Permit #15-91000004, governing the development of truck stops in La Porte. See Exhibit 2 attached. The convenience store building and improvements constructed by Owner at the Project do not qualify as a truck stop in accordance with the definition provided in such Special Conditional Use permit because, at Owner's designed and completed and City approved Project, there is no truck parking at the facility and no canopy over the dispensers is higher than 16 feet. All parking spaces are 9 feet and not the sin for an 18-wheeler. Owner, in accordance with the local ordinances, complied with and submitted to the City for its review and approval all required documents including but not limited to site and construction drawings and specifications (showing diesel canopy and pumps on the south side of the Project as part of the planned improvements) See Exhibit 3 attached being the cover page of the entire set of drawings and page 32 showing the diesel fuel pump canopy. After review by the City and revisions, the drawings were approved, and construction and zoning permits were issued by the City. See Exhibit 4 attached City of La Porte building and zoning permits based upon the approved construction drawing. The store as designed and approved by the City and constructed by Owner is a traditional convenience store with fuel pumps for both gasoline and diesel fuel and a Dunkin Dennis. The construction of the Project began in approximately April 2019. In August 2019, Ian Clowes, Deputy Building Official sent to Owner the emails attached hereto as Exhibit 5 inquiring as to the type of gasoline and diesel pumps that were being installed at the Project. As shown in the emails, the Owner assured Mr. Clowes that the pumps were not for a truck stop but a traditional convenience store. No additional inquiries or comments on the diesel pumps was made by Mr.