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Agreement for Legal Services_Ted A. Cox
LaPorte
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Swift Gas Station, SV Sons Hwy 146 LLC vs City of La Porte
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Agreement for Legal Services_Ted A. Cox
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Clowes or anyone else from the City until after completion of the construction. The construction <br />was substantially complete on or about February, 15, 2020. After all inspections had been done and <br />passed, Owner requested the City issue the Certificate of Occupancy allow the convenience store <br />to open for business. <br />Grounds for Appeal <br />The decision of August 18, 2020 made by Corby Alexander to deny the issuance of the <br />Certificate of Occupancy until the additional conditions were met came after months of discussions <br />and negotiations between Owner and the City and its representatives regarding the issuance of the <br />Certificate of Occupancy. During this time after substantial completion of the Project, the City <br />representatives required numerous items of work first be completed by the Owner which were <br />done by the Owner. Additionally, during this process Mr. Alexander requested that the Owner <br />modify the design of its City of La Porte previously approved and already completed Project as <br />follows: <br />(a) replacement of the diesel pumps and nozzles with smaller versions to slow the flow of <br />the diesel fuel ---In response, at significant expense the Owner installed a restrictor on the diesel <br />fuel pumps slowing the rate the fuel is pumped to less than 20 gallons per minute (substantially <br />the same as the rate that gasoline pump operates) which is far less than the 60 gallons per minute <br />rate for a typical pump at a truck stop. (See Exhibits 6 and 7 attached) <br />(b) City requested that Owner fill in with landscaping a large portion of the approved and <br />completed concrete parking lot to reduce the area for trucks to turn around or navigate ---Owner <br />had spent many thousands of dollars in construction of the parking lot and constructed it in the <br />exact manner previously approved by the City and so the Owner declined this request. <br />(c) At the City's request the Owner hydroseeded the land for the landscaping and planted <br />numerous trees. The City representatives later complained that the trees were dying, the grass was <br />
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