Agreement for Legal Services_Ted A. Cox

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not growing and the properly had weeds. Owner had its landscaper replace 13 trees and now the grass is growing. The City is yet to advise if the landscaping is sufficient. Based upon the email of August 18, 2020, the issues remaining asserted by Corby Alexander to deny the issuance of the Certificate of Occupancy to Owner are the following: (1) incomplete compliance with the Landscape Plan regarding trees and grass; and (2) directive to Owner to remove the diesel pumps from the diesel canopy on the southside of the Project. 1. Sufficiency of Landscaping Owner has complied or substantially and sufficiently complied with the requirements of the Landscape Plan approved by the City. The City's position that the landscaping is incomplete or not acceptable because portions of the grass are not growing or there are weeds on the Property, or some trees are dying is not a legitimate basis for denial of the issuance of the Certificate of Occupancy. The temperature in the area is routinely between 90 to 100 degrees or more. Little rain has fallen but the City fails to acknowledge the impact of these conditions or the work done by Owner and its contractors to complete the Landscape Plan. After the initial refusal by the City to approve the work, the Owner replaced 13 trees and the grass is now growing and spent almost $50,000.00 on the landscaping. The City is yet to acknowledge the Owner's compliance with the Landscape Plan. 2. Requirement for removal of diesel Pumps from south side of the Project As set forth above, the plans for concoction of the improvements, which were reviewed and approved by the City and upon which building permits issued, specifically show on page 32 the Diesel Pump and Canopy" for construction, installation and use at the project. Now after construction is completed, the City requires removal of previously approved diesel dispensers. Further, there is no rate, ordinance, law or regulation in effect in the City of La Porte which