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Home My WebLink AboutPR 21266: GRANTING CONSENT TO THE ASSIGNMENT OF THE INDUSTRIAL DISTRICT AGREEMENT WITH FLINT HILLS RESOURCES PORT ARTHUR, LLC P. R. No. 21266 01/28/2020 gt RESOLUTION NO. A RESOLUTION GRANTING CONSENT TO THE ASSIGNMENT OF THE INDUSTRIAL DISTRICT AGREEMENT WITH FLINT HILLS RESOURCES PORT ARTHUR, LLC (FHR) (2018-2027) BY AND BETWEEN THE CITY OF PORT ARTHUR AND FLINT HILLS RESOURCES PORT ARTHUR, LLC(FHR), DATED DECEMBER 28, 2017 (THE "AGREEMENT") WHEREAS, On September 10, 2019, the City received a letter from Flint Hills Resources Port Arthur, LLC's Director of Real Estate & Property Tax requesting a "Consent of Assignment of Industrial District Agreement with Flint Hills Resources Port Arthur, LLC (2018 to 2027) by and between the City of Port Arthur and Flint Hills Resources Port Arthur, LLC dated December 28, 2017, a copy of which is attached hereto as Exhibit"A"; and WHEREAS, pursuant to correspondence dated January 21, 2020 from Motiva Enterprises LLC notice was given that Flint Hill Resources Port Arthur, LLC (FHR) has changed its name to Motiva Chemicals LLC effective November 1, 2019, with a copy of the Notice of Indirect Transfer of the Industrial District Agreement dated September 10, 2019, attached hereto as Exhibit "A"; and WHEREAS, in accordance with Section 14 of the Industrial District Agreement, Flint Hills Resources Port Arthur, LLC (FHR) has asked that the City Council provide written consent to this assignment by a duly adopted Resolution. Motiva Chemicals LLC will operate the Facility as a reasonably prudent operator, act as a good corporate citizen, and will assume and abide by the terms of the Agreement. s.pr21266 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the request of Flint Hills Resources Port Arthur, LLC for a Consent to the Assignment of the Industrial District Agreement to Motiva Chemicals LLC, as delineated in the letter attached hereto as Exhibit "A", is herein approved. Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of , A.D., 2020, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: , Councilmembers: , • NOES: . Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, City Secretary s.pr21266 APPROVED AS TO FORM: V,(/e i c.- _;CD Valecia R. Tizeno, Ci Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager s.pr21266 EXHIBIT "A" s.pr21266 MOTIVA ENTERPRISES LLC Property Tax Department PO Box 2727 Houston,TX 77252-2727 CERTIFIED MAIL 7019 1120 0002 1275 3159 January 21, 2020 City of Port Arthur Attention: Ron Burton, City Manager 444 4th St. Port Arthur, TX 77640 RE: Notice of Name Change From: Flint Hills Resources Port Arthur, LLC—to—Motiva Chemicals LLC Dear Sir: This letter serves as notice that Flint Hills Resources Port Arthur, LLC (FHR) has changed its name to Motive Chemicals LLC effective November 1, 2019. Enclosed is a copy of the certification from Jeffrey W. Bullock, Secretary of State of the State of Delaware dated November 1, 2019. Also enclosed is the Notice of Indirect Transfer of Industrial District Agreement letter from FHR to the City dated September 10, 2019. If you have any questions regarding this notice, please do not hesitate to contact me at (713) 308-0439. Sincerely, • 4,x, a Walter B. Turville Property Tax Lead WBT:wt CALibrarics\Documents\PublicDocuments\DeptO31PropertyTaz\PAC_FHR_11-01-20191NotccOfNamcChg_CityofPortArthur_01-21-2020.docx Enclosures Walter B.Turville CMI,Property Tax Lead -- PO Box 2727, Houston,TX 77252-2727 wk+1713.308.0439 cell+1713.737.5175 walter.turville@motiva.com Delaware Page The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "FLINT HILLS RESOURCES PORT ARTHUR, LLC", CHANGING ITS NAME FROM "FLINT HILLS RESOURCES PORT ARTHUR, LLC" TO "MOTIVA CHEMICALS LLC", FILED IN THIS OFFICE ON THE FIRST DAY OF NOVEMBER, A.D. 2019, AT 8:39 O'CLOCK A.M. 11116.6 °PP 1� 7,c tart'�':T t ` Je rm w.hmock s.ftrY d SLI. e4 yf y A:� CVS \1 CA"q A 4721950 8100 ;x. Authentication: 203914049 SR#20197854833 Date: 11-01-19 You may verify this certificate online at corp.delaware.gov/authver.shtml • State of Delaware Secretary of State Division of Corporations Delivered 08:39 AM 11/01'2019 FILED 08:39 AM 11 01,2019 SR 20197854833 - File Number 4721950 STATE OF DELAWARE CERTIFICATE OF AMENDMENT 1. Name of Limited Liability Company: Flint Hills Resources Port Arthur,LLC 2. The Certificate of Formation of the limited liability company is hereby amended as follows: The Certificate of Formation filed August 19,2009,2nd paragraph reads as follows: First,The name of the limited liability company formed hereby is Flint Hills Resources Port Arthur,LLC. This Certificate of Amendment hereby requests to change Flint Hills Resources Port Arthur,LLC to"Motiva Chemicals LLC"effective November 1,2019. IN WITNESS WHEREOF,the undersigned have executed this Certificate on • the (19 991i day of 06¢pfraY' ,A.D./71Q/ 9 • By:. l'.Li..a—... 11 Jot _ , Autho •: Person(s) Name: jiltU� � Prig T e yr L)5084-OS/IS/2007 C T System Online • FLINT HILLS resources• September 10, 2019 City of Port Arthur Attention: City Manager 444 4'h Street Port Arthur,Texas 77640 City of Port Arthur Attention: City Attorney 444 4'h Street Port Arthur,Texas 77640 Re: Notice of indirect transfer of Industrial District Agreement,by and between the City of Port Arthur,Texas and Flint Hills Resources Port Arthur,LLC("FUR Port Arthur"), dated December 28,2017 (the"Agreement"). Dear Sir/Madam: This letter serves as notice pursuant to Section 14 of the Agreement that Flint Hills Resources, has entered into an agreement for the sale of 100%of its ownership interest in FHR Port Arthur and the related Port Arthur olefins business (the"Business")to Motiva Enterprises, LLC ("Motiva"). As part of the sale, Motiva will purchase all the equity interests of FHR Port Arthur(the"Transaction"). The Transaction will close and become effective after all Transaction closing conditions and regulatory approvals have been completed,which is anticipated to occur by the end of the fourth quarter of 2019, (the"Closing Date"). The Transaction will constitute an indirect transfer of the Agreement from FHR Port Arthur to Motiva. Under such indirect transfer, FHR Port Arthur would continue to hold all of its rights and • obligations under the Agreement,but as of the Closing Date,FUR Port Arthur would become wholly owned by Motiva. If you have any questions regarding this transaction,please contact me at(316) 828-5024 or via e- mail to brent.stewart@fhr.com for inquiries addressed to FHR Port Arthur. Sincerely, J Flint Hills ' o i ces Po - hur,LLC :.ent Stewart Director Real Estate&Property Tax