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Home My WebLink AboutPR 21305: AMENDMENT NO. 3, RESTATRED INDUSTRIAL DISTRICT AGREEMENT WITH MOTIVA ENTERPRISES, LLC P.R. No. 21305 03/05/2020 dm RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF PORT ARTHUR TO EXECUTE AMENDMENT NO. 3 TO THE AMENDED AND RESTATED INDUSTRIAL DISTRICT AGREEMENT WITH MOTIVA ENTERPRISES, LLC. WHEREAS, the City of Port Arthur and Motiva Enterprises, LLC, entered into an Industrial District Agreement in February 2002 that was approved by Resolution No. 02- 28; and WHEREAS, the City of Port Arthur and Motiva Enterprises, LLC entered into an Amended and Restated Industrial District Agreement on November 2, 2005, pursuant to Resolution No. 05-271; and WHEREAS, the City of Port Arthur and Motiva Enterprises, LLC entered into an Amendment to the Amended and Restated Industrial District Agreement with Motiva Enterprises, LLC on March 27, 2007, pursuant to Resolution No. 07-134; WHEREAS, the City of Port Arthur and Motiva Enterprises, LLC entered into Amendment No. 2 to the Amended and Restated Industrial District Agreement on October 28, 2019, pursuant to Resolution No. 19-487; and WHEREAS, the City Council of the City of Port Arthur deems it in the best interest of the citizens of Port Arthur to amend the Amended and restated Industrial District Agreement with Motiva Enterprises, LLC. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: s.pr21305 Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City of Port Arthur hereby authorizes the City Manager to execute on behalf of the City of Port Arthur Amendment No. 3 to the Amended and Restated Industrial District Agreement with Motiva Enterprises, LLC, in substantially the same form as attached hereto as Exhibit "A". 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 March, A.D., 2020, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Thurman Bill Bar-tie, Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Val Tizeno City Attorney s.pr21305 APPROVED FOR ADMINISTRATION: Ronald Burton City Manager s.pr21305 EXHIBIT "A" s.pr21305 STATE OF TEXAS § § COUNTY OF JEFFERSON § THIRD AMENDMENT TO AMENDED AND RESTATED INDUSTRIAL DISTRICT AGREEMENT WITH MOTIVA ENTERPRISES LLC This Third Amendment to Amended and Restated Industrial District Agreement with Motiva Enterprises LLC (this "Amendment") is made and entered into by and between the City of Port Arthur, Texas (the "City") and Motiva Enterprises LLC (the "Company"). The City and the Company are each hereinafter sometimes referred to individually as a"Party" and collectively as the "Parties." Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed to such terms in the Agreement (as hereinafter defined) unless otherwise stated. RECITALS WHEREAS, the City and the Company are parties to that certain Amended and Restated Industrial District Agreement entered into effective as of October 1, 2005 (the "Original Amended and Restated Agreement"); and WHEREAS, the Original Amended and Restated Agreement was amended by (i)that certain Amendment to the Amended and Restated Industrial District Agreement with Motiva Enterprises LLC executed by the City on March 28, 2007, and executed by the Company on April 16, 2007 (the "First Amendment"), and (ii) that certain Second Amendment to the Amended and Restated Industrial District Agreement with Motiva Enterprises LLC executed by the City and the Company on October 28, 2019 (the "Second Amendment") (the Original Amended and Restated Agreement, as amended by the First Amendment and the Second Amendment, is referred to herein as the "Agreement"); and WHEREAS, the Parties desire to amend Section 2 of the Agreement to delete the portions thereof that refer to a Standard Fire Prevention Code that is out-of-date, obsolete and unusable, all as more fully provided for herein; AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual undertakings contained herein, the Parties hereby amend the Agreement as follows: 1 1. Section 2 of the Agreement is hereby amended to read in its entirety as follows: "Section 2. If requested by the Company, the City of Port Arthur's Fire Department shall provide backup fire suppression support and the City of Port Arthur's Police Department shall assist in providing an evacuation route in the case of a fire or a chemical release at the Company plant located in the City's extraterritorial jurisdiction. Nevertheless, the Company shall be primarily liable for taking such precautions as is expected in the industry and as is required by federal and state law to prevent fires, explosions and chemical releases and to provide an evacuation. The Company shall employ or provide sufficient fire suppression personnel and equipment to provide an initial and primary fire suppression response as well as to control and abate chemical releases. The Company shall provide the City's Fire Chief and Police Chief with Emergency Response Plans for any plants,refineries, chemical operations or other hazardous operations that take place on the land described in Exhibits "A"and"B". If there is a fire and the City is requested to provide initial and primary fire suppression services, the Company will pay to the City the costs and expenses incurred by the City and any of its departments." 2. Except as expressly amended herein, all other terms and conditions of the Agreement shall remain in full force and effect and are hereby ratified and confirmed. All references to "the Agreement" or "this Agreement" contained in the Agreement shall be deemed to be references to the Agreement, as amended by this Amendment. 3. This Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which taken together, shall constitute but one and the 2 same instrument, and this Amendment shall become effective when one or more counterparts have been signed by each of the Parties and delivered to the other Party. 4. A copy of this Amendment that is signed and transmitted by facsimile transmission,by electronic mail in"portable document format"(".pdf') form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing the original signature. 5. This Amendment shall be governed by and construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, each of the Parties has executed this Amendment on the date indicated above its signature line below. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK [SIGNATURE PAGES FOLLOW] 3 SIGNED AND AGREED to on the day of , 2020. MOTIVA ENTERPRISES LLC BY: NAME: TITLE: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned Notary Public, on this day personally appeared , known to me to be the person whose name is ascribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Motiva Enterprises LLC for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE day of , A.D., 2020. NOTARY PUBLIC, STATE OF TEXAS PRINT NAME: COMMISSION EXPIRES: 4 SIGNED AND AGREED to on the day of , 2020. CITY OF PORT ARTHUR, TEXAS BY: Ronald Burton, City Manager ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Ronald Burton, City Manager of the City of Port Arthur, known to me to be the person whose name is ascribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Port Arthur, for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE day of , A.D., 2020. NOTARY PUBLIC, STATE OF TEXAS PRINT NAME: COMMISSION EXPIRES: APPROVED AS TO FORM AND SUBSTANCE: Valecia R. Tizeno, City Attorney 5