HomeMy WebLinkAboutPR 14869: INDUSTRIAL DISTRICT AGREEMENT WITH PREMCOR REFINING GROUP FOR COEX EXPANSION PROJECT, GASIFICATION PROJECT AND THE EXISTING PREMCOR (VALERO) UNITSP. R. No. 14869
08/22/08 is u~pdate:d
RESOLUTION NO.
A RESOLUTION APPROVING i~N INDUSTRIAL DISTRICT
AGREEMENT WITH PREMCOR REFINING GROUP FOR THE
COEX EXPANSION PROJECT, GASIFICATION PROJECT
AND THE EXISTING PREMCOR: (VALERO) UNITS (2008-
2019)
WHEREAS, the City entered into a 1998 Industrial District
Agreement with Clark Refining and Marketing, Inc., per Resolution
No. 98-288; and
WHEREAS, the City entered into a 1998 Industrial District
Agreement with Clark Refining and Marketing, Inc. for a Heavy Oil
Upgrade Project, per Resolution No. 98-289; and
WHEREAS, the City entered a 2003 Industrial District Agx-eemen.t
with Chevron U.S.A. for the ethylene plant, per Resolution Info. 03-
355; and
WHEREAS, the City entered into a 2003 Industrial District
Agreement with the Premcor Refining Group, Inc. for th.e
Hydrotreater Refinery Expansion (50,000 BPSD gasoline hydro
processing unit), per Resolution No. 03-297; and
WHEREAS, the City entered into a 2005 Industrial District
Agreement with Premcor Refinery Croup and the Port Arthur Coker
Company, for the Refinery's Feed Rate Expansion Project and I>ecoke.r
Expansion, approved per Resolution No. 05-164; and
WHEREAS, the City entered into a 2005 Industrial District
Agreement with Premcor Refinery Group for the Tier II Diesel
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Project, per Resolution No. 05-16~i; and
WHEREAS, the City approved a partial assignment of the Clark
Refining and Marketing, Inc. "In. Lieu of Tax" Agreement as it
pertained to the Coke Handling Facility to Trans-Global Soluitions,
Inc., per Resolution No. 01-93; acid
WHEREAS, the City approved a~ partial assignment of the "In
Lieu of Tax" Agreement as it pertained to the HOUP Industrial
Agreement to the Port Arthur Coker Company, L.P., and i~o Air
Products and Chemicals, Inc. per Resolution No. 99-174; and.
WHEREAS, Clark Refining and Marketing, Inc. and affiliates
remained liable for the "In Lieu of Tax" payments to be paid; and
WHEREAS, Premcor (Valero) is planning a major refinery
expansion project and other improvements on a portion of they tract
that is owned by Premcor; and
WHEREAS, Premor (Valero) now desires to enter into a n.ew "In
Lieu of Tax" Agreement with the Cii~y in regards to a $2,400,000,000
COEX II Expansion Project, which is expected to include th.e
expansion of the refinery's Delayed Coker Unit, as well as th.e
construction of a new 50 MBPD Hydrocracker, the construction of a
new Saturate Gas Plant, the adciition of Oxygen Enrichment to
existing Sulfur Recovery Unit, and. the construction and/or upgrade
of various other related units, equipment, and re~finer~y
infrastructure; and
WHEREAS, Premcor is also planning a $2,000,000,000
Gasification project; and
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WHEREAS, it is deemed in the best interests of the citi~sens of
Port Arthur to approve an Industrial District
Agreement with Premcor Refining Group, Inc.
Expansion Project, Gasification Project and ex
(2008-2019), in substantially the same form as
Exhibit "A"; and
("In Lieu of Tax" )
for the COEX II
fisting Valero units
attached hereto as
WHEREAS, this does not include the Agreement for the Chevron
facilities, which still needs to be negotiated, as the Chevron
agreement, approved per Resolution No. 03-355, is expiring this
year or this area will be annexed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T~[E CIT'Y
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That the Industrial District ("In Lieu. of
Tax") Agreement with Premcor Refining Group, Inc. for the C:OEX II
Expansion Project, Gasification Project, and the existing Valero
units is approved (2008-2019), 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
A.D., 2008, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
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Mayor
NOES:
MAYOR
ATTEST:
TERRI HANKS, ACTING CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CIT MANA ER
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EXHIBIT "A"
TO THE RESOLUTION
STATE OF TEXAS §
COUNTY OF JEFFERSON §
INDUSTRIAL DISTF:ICT AGREEMENT
WITH REGARD TO THE PREMCOR REFINING GROUP INC.'S D/B/A
VALERO PORT ARTHUR REFINERSi' COEX EXPANSION PROJECT,
GASIFICATION PROJECT ANI) EXISTING VALERO UNITS
(2008-2019)
WHEREAS, the City of Port Arthur (hereinafter referred
to as the "City"), The Premcor Refining Group Inc., d/b/a
Valero Port Arthur Refinery, formerly known as C]Lark
Refining & Marketing, Inc. (hereinafter referred to as
"Premcor"), Port Arthur Coker Company L.P., and Chevron
U.S.A. (hereinafter referred to as "Chevron") have entE~red
into the following Industrial District Agreements as t=hey
relate to industrial projects on land owned by Premcor:
(1) 1998 Industrial District Agreement with Clark
Refining and Marketing, Inc. for the refinery
with existing improvements as of 1998, approved
per Resolution 98-288, with such agreernent
providing for the payment to the City of ]?ort
Arthur of $1,825,000 per year until October 15,
2008, with an infla1tion factor being added for
the years 2004 to 2008 with the expectation i~hat
the City will continue to be paid a negotiated
"in lieu of tax" payment thereafter. These
z.ida premcor coex expansion project 8.21.08 1
payments have been made except for the year 2008,
when $2,029,684 is due on October 15, 2008 with
the increase based on the CPI.
(2) 1998 Industrial District Agreement with C7_ark
Refining and Market=ing, Inc
Upgrade Project approved per
with such agreement providing
$698,000 per year i=rom 2001
payment of $872,000 per year
with the expectation that the
.. for Heavy Oil
Resolution 98--289
for the payment. of
to 2004 and the
from 2005 to 2008
City will cont_'~nue
to be paid a negotiated "in lieu of tax" paynnent
thereafter. These payments have been made except
for the year 2008, when $872,000 is due on
October 15, 2008.
(3) 2003 Industrial District Agreement with Chevron
U.S.A. for the ethylene plant with existing
improvements as of 2003 approved by Resolut=ion
No. 03-355 which is. leasing a portion of the
property described in Attachment "A" from C:1ark
Refining and Marketing, Inc., now known as The
Premcor Refining Group Inc. and affiliates, and
whereunder Chevron Yias agreed to pay the City
$1,185,000 per year until the year 2008 with the
expectation that thE~ City will continue to be
z.ida~remcor_coex expansion project_8.21.08 2
paid a negotiated "in lieu of tax" payment
thereafter. These payments have been made except
for the year 2008, when $1,185,000 is due on
October 15, 2008.
(4) 2003 Industrial District Agreement with The
Premcor Refining Group Inc. for the Prenncor
(Hydrotreater) Refinery Expansion (50,000 f3PSD
gasoline hydro processing unit) approved by
Resolution 03-297 with such agreement providing
for Premcor's yearly payment of amounts to the
City equal to 750 of the amount of taxes it would
have paid with respect to the project as if the
project had been constructed within the City's
corporate limits and had the City entered intro a
property tax abatement agreement with Premcor
with the same terms and conditions as those
contained in the December 23, 2002 agreement,
which Premcor reached with Jefferson County for
that same project, with such payments being made
by Premcor to the City from 2003 through 2010,
with the expectation that the City will continue
to be paid a negotiated "in lieu of tax" payment
thereafter. Payments have been received for the
years up to 2007 based on reports by the Company
z.ida_premcor_coex expansion project_8.21.08 3
to Jefferson County c-f percentages of Direct Fiire
of Local Labor (Schedule A) and Local
Subcontractors (Schedule B) that the Company has
retained. The Company has paid the City $0 in
2003, $0 in 2004, $?164,561 in 2005, $526,304 in
2006, and $354, 110 in 2007 . The City has re]Lied
on Jefferson County and the Company as to these
calculations. Payments have not been received
for 2008 to 2010, wh:Lch is due on October 15tk' of
each month.
(5) 2005 Industrial District Agreement with the
Premcor Refinery Group and with the Port Art=hur
Coker Company, L.P. :for the Refinery's Feed Rate
Expansion Project and Decoker Expansion approved
by Resolution No. 05-164 with such agreement
providing for Premcor's and Port Arthur Coker
Company's yearly payment of amounts to the City
equal to 750 of the amount of taxes it would have
paid with respect to the project as if the
project had been constructed within the Cii~y's
corporate limits and had the City entered intro a
property tax abatement agreement with Premcor and
with Port Arthur Coker Company with the :game
terms and conditions as those contained in the
z.ida~remcor_coex expansion project_8.21.08 4
November 30, 2004 agreement which Premcor and
Port Arthur Coker Company reached with Jefferson
County for that same project, with such paymE~nts
being made by Premcor and Port Arthur Coker
Company to the City from 2005 through 2014 vuith
the expectation that the City will continue to be
paid a negotiated "in lieu of tax" payment
thereafter. Payments have been received for the
years up to 2007 bas~sd on reports by the Com~>any
to Jefferson County of percentages of Direct Fiire
of Local Labor (Schedule A) and Local
Subcontractors (Schedule B) that the Company has
retained. The Company has paid the City $0 in
2005, $0 in 2006, and $969,053 in 2007. The (:ity
has relied on Jeffer~~on County and the Company as
to these calculations. Payments have not been
received for 2008 to 2014, which is due on
October 15th of each month.
(6) 2005 Industrial District Agreement with the
Premcor Refinery Group for the Tier II Diesel
Project for the years of 2005 through 2009 as
approved by Resolution No. 05-165 with :such
agreement providing for Premcor's yearly payment
of amounts to the City equal to 750 of the amount
z.ida~remcor_coex expansion project_8.21.08 5
of taxes it would have paid with respect to the
project as if the project had been constructed
within the City's corporate limits and had the
City entered into a property tax abatement
agreement with Premcor with the same terms and
conditions as those contained in the November 30,
2004 agreement which Premcor reached with
Jefferson County for that same project, with :such
payments being made by Premcor to the City i=rom
2005 through 2009 with the expectation that the
City will continue t:o be paid a negotiated "in
lieu of tax" payment. thereafter. Payments have
been received for the years up to 2007 based on
reports by the Company to Jefferson County of
percentages of Direct Hire of Local Labor
(Schedule A) and Local Subcontractors (Schedule
B) that the Company has retained. The Company
has paid the City $0 in 2005, $0 in 2006, and
$370,748 in 2007. The City has relied on
Jefferson County and the Company as to these
calculations. Payments have not been received
for 2008 to 2009, which is due on October 15t~' of
each month.; and
z.ida_premcor_coex expansion project_8.21.08 6
WHEREAS, the City of Port Arthur receives its "in lieu
of tax" payments during the current tax year. The C'.ity
receives its "in lieu of tax" payments in October of each
year, which is generally earlier than when other ta~:ing
entities receives its tax payments; and
WHEREAS, the City has approved the partial assignment
of the Clark Refining and Marketing, Inc. "in lieu of t:ax"
agreement as it pertains to tYie Coke Handling Facility to
Trans-Global Solutions, Inc. pursuant to Resolution No. 01-
93, wherein Clark Refining and Marketing, Inc. and
affiliates, remain liable for t:he "in lieu of tax" payments
to be paid; and
WHEREAS, the City has approved the partial assignment
of the "in lieu of tax" agreement as it pertains to the
HOUP Industrial Agreement to Port Arthur Coker Company,
L. P. and to Air Products and Chemicals, Inc., pursuant: to
Resolution No. 99-174, whE:rein Clark Refining and
Marketing, Inc. and affiliates remain liable for the "in
lieu of tax" payments to be paid; and
WHEREAS, Premcor plans a major refinery expansion
project and other improvements on a portion of the tract
that is owned by Premcor; and
WHEREAS, Premcor desires to enter into another "in
lieu of tax" agreement ("AgrE~ement") with the City with
z.ida_premcor_coex expansion project_8.21.08 7
regards to a new COEX II Expansion Project of
$2,400,000,000 which is expected to include the
construction of a new refinez-y's Delayed Coker Unit, as
well as the construction of a rlew 50 MBPD Hydrocracker, the
construction of a new Saturate: Gas Plant, the addition. of
Oxygen Enrichment to existing Sulfur Recovery Unit and the
construction and/or upgrade of various other related un~Lts,
equipment and refinery infrastructure; and
WHEREAS, the COEX II Exp<~nsion Project will increase
the crude oil refining capacity from 325,000 barrels per
day to 400,000 barrels per day; and
WHEREAS, Premcor currently employs over 800 regular
employees at the refinery; and
WHEREAS, the COEX II Expansion Project will create 40
net new full-time jobs relating to the operation of the
facility; and
WHEREAS, the COEX II Expansion Project will average
about 1,000 construction jobs, up to a peak of 2,500 ;jobs
(machinists, welders, electricians, engineers and
miscellaneous labor); and
WHEREAS, Premcor still owns the property described in
Attachment "A"; and
WHEREAS, Premcor plans t=o make a COEX II project
capital upgrade in the timetables and costs as estimateci in
z.ida_premcor_coex expansion project_8.21.08 g
Attachment "B" and on the land described in Attachment "A";
and
WHEREAS, it is anticipated that Premcor may also
commence a Gasification project of $2,000,000,,000
(hereinafter sometimes referred to as "the Gasification
project"), which is expected to include a new Petro7Leum
Coke Gasifier Unit, a new P-ir Separation Unit, a new
Sulphur Plant, a new Gas Turb:Lne, a new Hydrogen Recovery
Unit, a new Carbon Dioxide Sequestering System, a new Power
Recovery System, and associated smaller projects and
infrastructure improvements; and
WHEREAS, Premcor is also considering a Gasification
Project capital upgrade in the timetables and costs as
estimated in Attachment "C" and on the land described in
Attachment "A"; and
WHEREAS, the Gasification Project will average about
1,000 construction jobs, up to a peak of 2,500 ;jobs
(machinists, welders, electricians, engineers and
miscellaneous labor); and
WHEREAS, Premcor is a business that presently produce
the products described in Attachment "D" on the tract; and
WHEREAS, Premcor, or its assignees, presently has the
equipment and units, and the accompanying values thereof,
z.ida~remcor_coex expansion project_8.21.08 9
described in Attachment "E" for the property described. in
Attachment "A"; and
WHEREAS, the City and Premcor wish to address the
following: (1) health and safety issues on the land,
existing plant, and the proposed improvements described. in
Attachments "A","B" and "C" and at any existing plant or
any plant that may be built thereon and procedures for the
City's review thereof, (2) the needs of the City to have a
stable revenue source that is not materially affected by
appraisal litigation, (3) the need to define backup
services provided by the City, (4) employment opportunit=ies
for Port Arthur residents, minorities, and companies, and
(5) the terms of such Agreement; and
WHEREAS, the City and Premcor desire to enter into an
Industrial District Agreement with respect to the projects
described in Attachments "B" and "C" and on the property
described in Attachment ".A" that is within the
extraterritorial jurisdiction of the City; and
WHEREAS, the City and Premcor agree that there has
been full and adequate consideration for this Agreement;
and
WHEREAS, Premcor has previously obtained or is
obtaining tax abatements on the projects from Jefferson
County for the projects described in Attachments "B" and
z.ida_premcor_coex expansion project_8.21.08 10
"C" therefore, agree that these: projects constitute a major
capital upgrade or expansion for which Premcor is required
to pay additional "in lieu of tax" payments to the City of
Port Arthur; and
WHEREAS, this Agreement i_s authorized under Sections
42.044 and 212.172 Local Government Code, Vernon's Texas
Code Annotated and Article 1, Section 5 of the Cit:y's
Charter, and that the parties agree that the following
terms are reasonable, appY~opriate, and not unduly
restrictive of business activities; and
WHEREAS, all parties find that this Agreement as
delineated herein is beneficial to each party.
NOW, THEREFORE, in consideration of the promises and
the mutual agreements of the parties contained herein, the
City and Premcor agree with each other as follows:
Section 1-Payments by Premcor
(a) The City and Premcor hereby agree that, in
addition to covering the COEX II project and the
Gasification project as described in Exhibits "B" and "C",
this Agreement shall replace and supersede the following
prior agreements:
(1) The City's 1998 Industrial District
Agreement with Clark Refining and Marketing, CCnc.
approved by Resolution No. 98-288,
z.ida_premcor_coex expansion project_8.21.08 11
(2) The City's :1998 Industrial District
Agreement with Clark Refining and Marketing, ]:nc.
for a Heavy Oil Upgrade Project (including the
partial assignment to Port Arthur Coker Company)
approved by Resolutions No. 98-289 and 99-174,
(3) The City's 2003 Industrial District
Agreement with Premcor for the Premcor
(Hydrotreater) Refinery Expansion approved by
Resolution No. 03-297,
(4) The City's 2005 Industrial District
Agreement with Premcor and Port Arthur Coker
Company for the Refinery's Feed Rate Expansion
Project and DeCoke:r Expansion approved by
Resolution No. 05-164, and
(5) The City's 2005 Industrial District
Agreement with Premcor for the Tier II Diesel
Project approved by Resolution No. 05-165
(b) The Parties agree that for the years 2008 through
2019, Premcor shall pay to the City of Port Arthur the
following:
YEAR AMOUNT OWED TAX YEAR PAYME:NiT
DUE
1 $6,000,000 2008 10/15/2008
2 $6,000,000 2009 10/15/2009
z.ida_premcor_coex expansion project_8.21.08 12
3 $6,000,000 2010 10/15/2010
4 $6,000,000 2011 10/15/2011
5 $6,000,000 2012 10/15/2012
6 $6,000,000 2013 10/15/2013
7 $6,000,000 2014 10/15/2014
8 $6,000,000 2015 10/15/2015
9 $6,000,000 2016 10/15/2016
10 $6,000,000 2017 10/15/2017
11 $6,000,000 2018 10/15/2018
12 $6,000,000 2019 10/15/2019
With respect to the above annual payments, and
expressly subject to and o:n the condition that the
Gasification project is actually undertaken and completed
by Premcor, the parties agree that the amount of Premcor's
annual payments to the City shall include an additional
$1,000,000 payment relating to the Gasification. If the
Gasification project is actually undertaken and comple=ted
by Premcor, then this $1,000,000 additional annual paynnent
will be due and payable beginning with the first October
after twelve (12) full mont=hs have elapsed from the
Gasification project's groundbreaking with "groundbreaking"
being defined as the driving or pouring of the first pile
relating to the construction of the Gasifier Reactor. The
parties to this Agreement further specifically and
expressly agree that, in the event Premcor elects to not
z.ida_premcor_coex expansion project_8.21.08 13
undertake and construct the Gasification project, then
Premcor shall not be responsible for the additional
$1,000,000 annual payments.
(c) Premcor further agrees to pay an additional
$6,000,000 in September 2008 (car within 20 days of the ciate
upon which this agreement is executed) so that $12,000,000
will be paid in 2008.
(d) Once the agreement has been executed by all
parties, Premcor agrees to iriumediately commit to pay the
City $300,000 to assist in they funding of a new community
center. Premcor will retain this $300,000.00 until it is
actually needed by the City for funding of the new
community center; however, if the City fails to uti]_ize
this $300,000 toward the construction of the new community
center before the expiration •of this Agreement, then the
parties agree that Premcor will, not be obligated to pay the
$300,000 to the City.
(e) The City of Port Arthur is entering into t:his
agreement with the expectation that Premcor will use its
best efforts as to the usage of Port Arthur residents as
employees and as to the usage of Port Arthur contractors,
suppliers, and professionals. Premcor will post job
openings with the Texas Workforce in Port Arthur. Prenncor
will also request that its contractors and subcontract:ors
z.ida_premcor_coex expansion project 8.21.08 14
post its job openings with the Texas Workforce in Port
Arthur.
(f) The City shall not :refund or credit any monies
previously paid by Premcor prior to the date of execution
of this Agreement, either diY-ectly or indirectly to the
City. Also, once monies are paid to the City of ~?ort
Arthur in a tax year, the City shall not refund any of said
monies. The City of Port Arthur shall also not credit any
of said monies for previous tans: years or for any future tax
year.
(g) The City of Port Arthur reserves the right to
annex the property described ir.~ Resolution No. 03-355 if` an
agreement is not entered into with Chevron as to continue
to pay In Lieu of Tax Payments as the City deems
appropriate.
Section 2. If requests::d orally or in writing by
Premcor, the City's Fire Department shall provide bac}~-up
Fire Suppression Support as determined by the City's F?ire
Chief, and the City's Police Department shall assist in
providing an evacuation route and traffic control in the
case of a fire or a chemical release at Premcor's
facilities located in thE~ City's extraterritorial
jurisdiction. Nevertheless, Premcor shall abide by and
shall take such precautions as to prevent (1) p-~~~
z.ida_premcor_coex expansion project_8.21.08 15
fires, explosions and chemical releases and (2) the
imprudent discharge of storm water that contribute to
flooding on adjacent property. Premcor shall also provide
an evacuation as is expected in the industry, and as is
required by applicable federal and state laws, and the
health and safety laws of the City. Premcor shall employ
or provide sufficient primary fire suppression response, as
well as control and abate chemical releases. Premcor sYiall
provide the City's Fire Chief and Police Chief vaith
Emergency Response Plans for any plants, refineries,
chemical operations or other hazardous operations that take
place on the land described in Attachments "A" ~ "~". If
there is a fire and the Cii~y is requested to provide
initial and primary fire suppression services or if a c]_ean
up is required under the 2000 International Fire Code,
Premcor will pay to the City the costs and expenses
incurred by the City and any of its departments.
Section 3. Premcor shall promptly notify the
central dispatch office which Nerves the City's Fire Ch_Lef,
Police Chief and the City's Emergency Managernent
Coordinator of all incident: involving fires, ser_Lous
injuries, deaths, chemical releases and flooding that
create a health and safety hazard to the community or t=hat
z.ida~remcor_coex expansion project_8.21.08 16
exceed OSHA, TNRCC or EPA permissible exposure limits at
the plant fence lines.
Section 4. Annexation for Health, Safety and
Welfare Reasons. It is specifically stipulated ghat
nothing in this Agreement will in any manner limit or
restrict the authority of the City to annex all or part: of
said lands and facilities during the period of the
Agreement if the City should determine that such annexation
is reasonably necessary to promote and protect the general
health, safety and welfare of the persons residing within
or adjacent to the City, provided however, that the C"ity
agrees that such annexation foY• the land which contains the
Valero units described in Attachment "A" prior to October
1, 2019 will not be made for revenue purposes only.
Section 5. Annexation due to Legislative Action.
Notwithstanding the provisions of Section 4, the parties
agree and consent that the C_Lty may annex if a bill is
adopted by the State legislature which limits or restricts
the authority of the City to annex all or part of said 7_and
and improvements. In the event: of annexation, Premcor will
not be required to make further payments under this
Agreement for any calendar year- commencing after annexation
with respect to the property so annexed, but sYiall
nevertheless be obligated to make full payments for the
z.ida~remcor_coex expansion project 8.21.08 1~
year during which such annexation becomes effective if the
annexation becomes effective after January 1st of said year.
Premcor shall not be required to pay ad valorem taxes to
the City for the same period of: time they have already paid
an "in lieu of tax" payment, with respect to the propE~rty
described in Attachment "A" t:o this Agreement. If the
annexation laws are changed so that the City can no longer
annex the property of Premcor and if the parties cannot
reach an agreement on a new payment schedule or on a new
"in lieu of tax" agreement, ]?remcor agrees that it vuill
continue to pay to the City tYie "in lieu of tax" paymE~nts
delineated in Section 1 until L)ecember 31, 2019 and it will
thereafter continue to annually pay the City an "in lieu of
tax" payment of seventy-five percent (750) of its taxable
value times the City's tax rate for so long as it or its
assignees and successors or affiliates own the property as
described in Attachment "A". Payments will be due on
October 15th of each year. Pursuant to Sections 42.044 and
212.172 Local Government Code, Premcor agrees and con;~ent
that the City has the option in the City' s sole discretion
to extend this contract and that Premcor will continues to
pay the City "in lieu of tax" payments at the seventy-~°ive
percent (750) rate, as denoted above for successive periods
not to exceed 15 years each, for a total duration not. to
z.ida_premcor_coex expansion project_8.21.08 18
exceed 45 years. "Taxable value" is the value as determined
by the Jefferson County Appraisal District in appraisal
rolls after the completion of all litigation and appeals
(if any), of all property, industrial realty and
improvements, excluding the value of exempt pollution
control devices, owned by Premcor and located within the
extra-territorial jurisdiction of the City, as described in
Attachment "A". The "taxable value" also includes the
appraised value of any property that is located in a
foreign trade zone or in any other type of federal, state
or local zone.
Section 6. The parties agree that the City has the
sole discretion after August 1, 2019 to annex the property
in Attachment "A" or to enter into negotiations on the
payment by Premcor of additional "in lieu of tax" payments.
Section 7. The present: owners and lessees of the
property in Attachment "A" are described in Attachment "F".
The City reserves the right to annex that tract or parcel
with the minimum required adjacent area as per Chapter 43
Local Government Code if the owners or the lessees do not
pay an "in lieu of tax" paymE~nt for its interest in the
property and in the improvements. Nothing contained herein
shall be construed to prohibit or prevent Premcor i=rom
paying the other owners' or lessees' "in lieu of tax"
z.ida~remcor_coex expansion project_8.21.08 19
payment to prevent annexation by the City. If the City
annexes a tract or tracts, the total "in lieu of t.ax"
payment will be reduced by the same percentage as the
appraised value of the traci;.s under the contract are
reduced.
Section 8.
The City will not commence annexation
proceedings prior to August 1, 2019 for Premcor property as
delineated in Attachment "A" to this Agreement under
Chapter 43 of the Local Government Code or file litigation
in District Court to abate or prevent a nuisance or seek a
civil penalty under Sections 54.016, 54.017, and 217..042
Local Government Code for "health, safety and well=are
concerns" until written noticE~ of the concerns have been
delivered to Premcor, and they have had a reasonable
opportunity to respond and to address the City Council. in
open session.
Section 9. If, after having a reasonable
opportunity to respond and address the City Council in open
session in accordance with Section 8, there is still a
dispute as to whether there is a health, safety and welfare
concern for an event that occurred prior to August 1, 2019,
the matter may, at the request of any party, be submitted
to arbitration before an arbitrator selected from a panel
supplied by the American Arbitration Association. The
z.ida~remcor_coex expansion project_8.21.08 20
arbitration shall take place in Jefferson County or at such
other locations to which the parties agree. The request
for arbitration must be demanded in writing no later than
ten (10) days following the City Council meeting at which
Premcor had the opportunity to address the City Council in
accordance with Section 8, or the rights to arbitration
shall be waived unless the parties agree otherwise. The
costs of the arbitration shall be shared equally between
the parties. The arbitration process shall be completed
within forty-five (45) days from the date the ,~•'~; }'^,}~~~~
^~e~ arbitration is requested, and if it is not so
completed, any party may proceed with annexation or
litigation, as they so desire.
Section 10. Premcor shall use its best efforts to
hire Port Arthur residents for both the construction arork
and permanent jobs. Premcor shall also use its best
efforts to give Port Arthur companies a fair opportunity to
sell goods and services to Premcor. Premcor shall comply
with the following:
a) As a result of the PROJECT, maintain a job lErvel
of not less that 40 new full-time employees
(including, but not limited to, employees of
independent contractors) and/or independent
z.ida premcor coex expansion project 8.21.08 21
contractors during the remaining term of this
AGREEMENT;
b) report and certify the requisite job levels,
under (a ) above, to the City by March Igt of each
year;
c) construct the COEX II PROJECT with an estimated
investment of $2,400,000,000 and the Gasification
Project with an estimated investment of
$2,000,000,000 if and when the Gasification
Project is actually undertaken;
d) make available to the CITY information concerning
the details of contractor bids on the first ~~eek
of the first, second, third, and fourth quaz•ter
of each year during the construction phase of the
PROJECT, under the express understanding that the
COMPANY is providing the CITY such contractor bid
information on a strictly confidential basis as
to maintain the integrity of the competitive bid
process;
e) report and certify to the City the requisite ccost
of the PROJECT in the next quarterly report a!'ter
the completion of the PROJECT;
f) use its best efforts to identify and ensure ghat
PORT ARTHUR vendors, suppliers and subcontractors
z.ida~remcor_coex expansion project_8.21.08 22
are given the opportunity to bid on contracts for
the purchase of supplies and services in
connection with construction of the PROJECT and
any turn around project which is undertakers as
part of or in connection with this project during
the term of this Agreement;
g) report and certify to the City within 120 days
after the completion of the PROJECT the total
number of dollars spent on Port Arthur la]5or,
Port Arthur subcontractors, and Port Arthur
vendors/supplier in connection with the PROJEC'T';
(h) not in any way discriminate against or treat
disparately Port Arthur union contractors who
choose to participate in the competitive bid
process relating to work on the PROJECT, nor
discriminate against or treat disparately Port
Arthur union members who seek employment on the
PROJECT; and
(i) encourage and promote the utilization of PORT
ARTHUR Historically Underutilized Businesses
(HUBS) (also known as Disadvantaged Business
Enterprises, or DBEs) by the general contracrtor
engaged by OWNER to construct the PROJECT with
best efforts being made to give Port Arthur
z.ida_premcor_coex expansion project_8.21.08 23
HUB/DBE vendors and contractors an opportunity to
bid on contracts for supplies and services. For
purposes of the foregoing:
(i ) A HUB/DBE is a business owned or controlled
by Socially and Economically Disadvantaged
Individuals as defined by all applicable
federal or state laws and local policies,
including Black Americans, Hispanic
Americans, Native Americans, Asian-Pacific
Americans, Asian-Indian Americans, women,
and individuals with disabilities.
(ii) A HUB/DBE is one that is at least 51 percent
owned or controlled by one or more women or
Socially and Economically Disadvantaged
Individuals or, in the case of a publicly
owned business, one that at least 51 percrent
of the stock of which is controlled by one
or more women or Socially and Economically
Disadvantaged Individuals.
(iii) A business that has been certified a:s a
HUB/DBE by an agency of the fedearal
government or the State of Texas is presLUned
to be HUB/DBE fo.r purposes of this policy.
z.ida_premcor_coex expansion project_8.21.08 24
(iv) Only a HUB/DBE with its principal office in
PORT ARTHUR will be recognized as a HUB/DBE
for purposes of Y.his policy.
(j) As to the use of PORT ARTHUR and HUB/DBE vendors,
suppliers and sub-contractors, best efforts will
include, at a minimum..
(i) Consultation with chambers of commerce,
minority business associations, trade
associations and other regional economic
development organizations to identify FORT
ARTHUR and HUB/DBE vendors, suppliers and
sub-contractors;
(ii) notifying a reasonable number of PORT ARTHUR
and HUB/DBE vendors, suppliers and sub-
contractors, allowing sufficient time for
effective preparation to the planned work to
be sub-contracted, or materials, supplies or
equipment to be purchased;
(iii ) providing PORT ARTHUR and HUB/DBE vendors,
suppliers and sub-contractors who are
interested in bidding on a sub-contract or
contract for materials, supplies or
equipment, adequate information regarding
the project (i . e. , plans, specificatic>ns,
z.ida~remcor_coex expansion project_8.21.08 25
scope of work, bonding and insurance
requirements, and a point of contact within
the Prime Contractor);
(iv) use its best efforts to negotiate with
interested PORT ARTHUR and HUB/DBE vendors,
suppliers or sub-contractors, and awarding
sub-contracts or contracts for materials,
supplies or equipment to PORT ARTHUR or
HUB/DBE vendors, suppliers or sub-
contractors when they are the lowest
qualified responsive bidder who meets alI of
the applicable bid specifications; and
(v) include a provision in PREMCOR'S contz•act
with the general/prime contractor on the
PROJECT which requires the general/pz•ime
contractor to read and comply with the terms
of this AGREEMENT relating to the use of
Port Arthur union or non-union, local, and
HUB/DBE vendors, suppliers, or
subcontractors.
k) with respect to the capital expansions
contemplated in Attachments "B" and "C", and for
major new capital expansions on the ]_and
described in Attachment "A", Premcor shall also
z.ida premcor coex expansion project 8.21.08 26
meet on a quarterly basis or at other intervals
mutually agreed on with City officials to monitor
progress on hiring and hiring efforts and to try
to make adjustments in the recruitment process if
needed. Premcor will also have a local hiring
facility in Port Arthur or in Port Arthu.r's
Extraterritorial Jurisdiction for both the
retention/selection of new employees and
contractors. All employees, as well as contract
and construction workers, will be paid at least
the prevailing wage, as set by the City, in
accordance with Chapter 2258, Texas Government
Code, V.T.C.A. Premcor shall also be receptive
and responsive to SBE/MWBE projects and progz•ams
of the City.
1) That the City concurs with Premcor as to the
selection of the companies delineated in
Attachment "G" as these services, equipment,
units and/or goods are not readily available from
Port Arthur contractors or vendors.
Section 11. Premcor shall have the right to assign,
transfer or convey all, or any part of, its rights, title
and interest in this Agreement to any of its subsidiax-ies
or Premcor affiliates (with "Premcor affiliate" meaning any
z.ida~remcor_coex expansion project_8.21.08 27
entity that is controlled by or under common control of
Premcor or Valero Energy Corporation), in connection with
any transfer or conveyance of title to all or any part of
the properties subject to this Agreement at any time during
the term of this Agreement without the consent of the City.
Premcor shall be financially responsible for the "in lieu
of tax" payments for which it:~ subsidiaries or affiliates
may become responsible under this section of the Agreement.
If Premcor desires to sever its relationship to the
subsidiary or affiliate, they must seek the consent of the
City, which will not be unreasonably withheld, if they no
longer desire to remain financially responsible for the
subsidiary's or affiliate's "in lieu of tax" payments.
Premcor shall have the right to assign, transfer or convey
all, or any part of, its rights, title and interest in this
Agreement to any person other than one of its subsidiaries
or affiliates in connection with any transfer or conveyance
of title to all or any part of the properties subject to
this Agreement at any time during the term of this
Agreement, provided, however, that Premcor shall provide
written notice of such assignment and shall receive the
written consent of the City Council, by a duly adopted
Resolution, which will not be unreasonably withheld. If
Premcor desires to make an assignment to any person of=her
z.ida~remcor_coex expansion project_8.21.08 28
than a subsidiary or affiliate, they shall make a written
request to the City Council attaching (1) a description of
the new company, (2) a financial statement of the new
company, (3) the proposed contract between Premcor and the
new company, and (4) the portion or portions of the plant
or plants with respect to which rights and obligations are
to be assigned. If the assignment is approved by the City
Council, Premcor shall be relieved of its obligations under
this Agreement to the extent that an assignee expressly
assumes Premcor's obligations. Subject to the preceding,
this Agreement shall inure to t:he benefit of and be binding
upon the parties hereto and its respective successors and
assigns.
Section 12. The City encourages capital expan;~ion
on the land described in Attachment "A" and the City and
Premcor agree to act in good faith to negotiate reasonable
incentive programs with Premcor as such new projects are
contemplated. This includes rnajor new capital expansions
that are not presently delineated in Attachments "B" and
"C", i.e. an increase in capacity to process heavy oil
beyond 30,000 BPSD or beyond, since all parties agree ghat
reasonable incentive programs should be offered and ghat
Premcor expects to pay reasonable "in lieu of tax" payments
on major new capital projects. "Major new capital
z.ida_premcor_coex expansion project_8.21.08 29
projects" shall also mean any project for which Premcor
seeks a tax abatement from any t:axing entity.
Section 13. It is agreed by the parties to this
Agreement that Premcor and the City have the right to seek
equitable relief, including specific performance of this
Agreement.
Section 14. Premcor sha:11 allow a reasonable number
of authorized employees and/or representatives of the City
who have been designated and approved by the City Manager,
City Council, or Mayor to have access to Premcor land
and/or plants during the term of this Agreement to inspect
the plants and any improvements thereto to determine
compliance with the terms and conditions of the Agreement.
All inspections will be made at mutually agreeable times
and will only be conducted in such manner as to not
unreasonably interfere with safety standards and secuY•ity
standards and rules. All inspections will be made with one
or more representatives of Premcor and in accordance with
industry safety standards.
Section 15. Premcor shall certify the commencement
and completion date of the contemplated improvements
described in Attachments "B" and "C" herein. Additionally,
Premcor shall use its best efforts to furnish or make
available for inspection the following information or
z.ida~remcor_coex expansion project_8.21.08 30
written statements to the City at least every quarter
during the construction period of the project described in
Attachments "B" and "C" and of major capital improvements
on land described in Attachment "A":
(1) Statement by PremcoY~ describing the status of
construction of the contemplated improvemer.~ts,
percentage of construction completed,
construction schedule and Premcor's estimate of
cost or taxable value. of constructed improvements
on the date of the statement; and
(2) Statement by Premcor of numbers of Port Arthur
residents, minorities, and companies hired, the
amount of Port Arthur services and Port Arthur
goods purchased; and
(3) Any information, documents or records of any kind
reasonably necessary for the City's evaluation. of
Premcor's compliance with the terms and
conditions of this Agreement, provided ghat
Premcor shall MAKE AVAILABLE THE INFORMATION OR
DOCUMENTATION ON A STRICTLY CONFIDENTIAL BASIS SO
AS TO MAINTAIN THE INTEGRITY OF THE COMPETITIVE BID
PROCESS AND THE EMPLOYMENT PROCESS. At the
request of the City, Premcor will produce to the
City any information as to its performance and
z.ida~remcor_coex expansion project 8.21.08 31
hiring programs that has been made available to
Jefferson County under the Tax Abatement
Agreements.
Premcor's statements described above shall be verified
by Premcor's project managers or other appropriate
representatives.
Section 16.
Premcor agrees on a quarterly basis to
furnish information necessary for the City to evaluate
Premcor's compliance with the terms and conditions of this
Agreement. Premcor further agrees that on or before March
1st of each year of this Agreement, Premcor shall provide
the City an annual report/statement of compliance with this
Agreement.
Section 17. Currently, Premcor spends over $100,000
per year through the Port Arthur Industrial Group toward
assisting in the establishment of apprenticeship,
internship and/or education programs and projects for the
training of Port Arthur residents for permanent jobs in the
Port Arthur area. Premcor affirms its intention to
continue its participation in the Port Arthur Industrial
Group during the life of this Agreement (2008-2019) in
order to continue Premcor's efforts to assist in the
establishment of apprenticeship, internship anti/or
education programs and projects for the training of F>ort
z.ida_premcor_coex expansion project_8.21.08 32
Arthur residents for permanent jobs in the Port Arthur
area. Premcor further hereby agrees to request and
encourage the contractors and subcontractors which are
hired and will be hired to work on the projects described
herein to work toward establishing and funding their own
apprenticeship, internship and/or education programs and
projects for the training of Port Arthur residents for
permanent jobs in the Port Arthur area.
Section 18. Premcor has indicated that additional
construction jobs will be utilized in building the
improvements for the new projects, as described in
Attachments "B" and "C", and that new permanent jobs will
be created at the plant once the new projects are
completed. The City reserves the right to hire or contY•act
for a monitor as to inspect Premcor's records and hiY•ing
practices in accordance with this Agreement as to veY•ify
whether Premcor has complied and will continue to comply
with this Agreement. The City of Port Arthur and Premcor
agree to the following:
a. The definition of a Port Arthur resident i;s a
person who has an established residency periods of
6 months or more.
b. A residency verification form shall be included
on all applications for employment.
z.ida~remcor_coex expansion project_8.21.08 33
c. If all other ratings being equal, qualified
applicants who are also Port Arthur residents
shall be given priority in the hiring process.
d. Quarterly reports from Premcor and its
contractors shall reflect the total amount of
goods and services purchased and the name and
address of the major business providers.
e. The Company shall, on a quarterly basis, forecast
the major types of goods and services to be
required during the construction phase of the
projects, make the information available to Port
Arthur businesses, and provide a means for Fort
Arthur businesses to register as providers.
f. The Company shall provide quarterly reports to be
created from the employee data file as it
pertains to the information required to be
reported under this Agreement. This inclucLes,
but is not limited, to information as to total
applications received for announced positions,
total applicants meeting minimum qualificatic>ns,
total applicants invited to take in-house
tests/assessments, total applicants with
satisfactory scores on in-house assessments,
total applicants invited to interview, total
z.ida_premcor_coex expansion project_8.21.08 34
applicants completing the interview process,
total applicants deemed acceptable, total
applicants extended employment offers, total
applicants disqualified through drug screening,
total applicants disqualified through background
checks and total hires.
g. The Company and the City will meet on a quarterly
basis as to discuss its overall plans or
processes to hire Port Arthur residents, socially
and economically disadvantaged individuals and
contractors that are reasonably based on the
existing experience levels and capacities of the
Port Arthur population and contractors, with due
consideration for the needs of the Company. If
the Company provides a prospective hiring target,
plan, process, or a prospective list of
contractors and the City does not submit any
written objections within 30 days, then said
hiring target, plan, process, or prospective list
of contractors is deemed in compliance with this
Agreement.
Section 19. Premcor certifies that they have not
and will not knowingly employ an "undocumented worts;er"
which means an individual who, at the time of employment,
z.ida_premcor_coex expansion project_8.21.08 35
is not lawfully admitted for permanent residence to the
United States or authorized under law to be employed in
that manner in the United States. Premcor acknowledges
that it has reviewed Chapter 2264, Texas Government Code,
and hereby affirmatively agrees to repay the amount of any
incentive with interest at the rate of ten percent (10~)
per annum, not later than the 120th day after the date the
City notifies Premcor of a violation. Premcor acknowledges
the City may bring a civil action as to recover any amounts
owed under this Chapter, and further acknowledges that the
City may recover court costs and reasonable attorney's fees
incurred in bringing an action under Section 2264.1.01,
Texas Government Code.
Section 20. Electrical Usage. The Company has
indicated that the Premcor facilities presently obtain all
of their electricity purchased from Entergy from the Gulf
Oil Substation adjacent to Highway 82. The company has
also indicated that the Chevron facilities presently obtain
all of their electricity purchased from Entergy from the
Taylor Bayou Substation adjacent to Highway 87. The
Company will provide the City with information as to the
electrical consumption from Entergy or from any of:her
electric utilities, transmission and distribution utility,
municipally owned utility, electric cooperative or from any
z.ida_premcor_coex expansion project_8.21.08 36
other source as well as all metering locations that service
the area in Attachment "A". The company consents to the
City's annexation of the company's property that is being
used as Energy substations and metering sites and the
necessary adjacent land of the company as described in
Attachments "H" and "I" so that a strip or strips of at
least 1,000 feet can be annexed, as per Chapter 43 of the
Local Government Code. If other land is, or will be,
leased or utilized as substations or as metering locations,
the Company also agrees to the City's annexation of said
property and the nece
receive funds from
providers of Section
charge per kilowatt
$0.0016170 multiplied
delivered to each
:ssary adjacent land. The City will
Entergy or from other electrical
33.008 Utility Code payments oi` a
hour ("kWh"), which is currently
times the number of kilowatt hours
retail customer whose consuming
facility's point of delivery is located in the City
boundaries. Ordinance No. 06-90, dated October 29, 2006,
allowed for an incremental surcharge, which is currently
$0.0013777, to be assessed by Entergy, paid to the City of
Port Arthur, and collected from customers in the City of
Port Arthur. If the Company is required to pay this
incremental surcharge or additional ad valorem taxes to
the City based solely on the annexation of these
z.ida~remcor_coex expansion project_8.21.08 37
substations or metering sites, then the City will allow a
credit thereof as to the incremental charges and additional
City ad valorem taxes as to the substations or metering
sites against "In Lieu of Tax" payments for the year of
payment.
Section 21. Notice of Default. Notwithstanding
anything herein to the contrary contained, in the event of
any breach by Premcor of any of the terms or conditions of
this Agreement, the City shall give Premcor not less than
five (5) business days' written notice, specifying the
nature of the alleged default and manner in which the
alleged default may be satisfactorily cured. Thereafter,
Premcor will be afforded a reasonable time within which. to
cure the alleged default. Nevertheless, time is of the
essence on the payment schedule for the "in lieu of t:ax"
payments.
Section 22. Entire Agreement. This Agreement
constitutes the entire agreement of the parties with
respect to the projects described herein
and all prior understandings or oral or
between the parties respecting such sub;
as otherwise provided in the instruments
This Agreement may be amended only by
signed by all of the parties hereto.
and supersedes any
written agreements
ject matter, except
referenced herein.
written instrurnent
z.ida~remcor_coex expansion project_8.21.08 38
Section 23. Severability. If any term or provision
in this Agreement or the application thereof to any peY•son
or circumstance shall to any extent be held to be invalid
or unenforceable by a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any other
provision of this Agreement or the application theY•eof
which can be given effect without the invalid or
unenforceable provision or application, and the parties
agree that the provisions of this Agreement are and shall
be severable. Payment of the "in lieu of tax" payments is
an essential part of this Agreement.
Section 24. Remedies Cumulative. Except as other-
wise expressly provided herein, all rights, privileges and
remedies afforded the parties by this Agreement shall be
deemed cumulative and not exclusive, and the exercise of
any or more of such remedies shall not be deemed to be a
waiver of any other right, remedy or privilege provided for
herein or available at law or in equity.
Section 25. Governing Law. This Agreement sY:~all
be governed by and construed in. accordance with the laws of
the State of Texas. This Agreement is to be performed in
Jefferson County, Texas.
Section 26.
Authority. Each person executing
this Agreement on behalf of any party hereto represents
z.ida_premcor_coex expansion project 8.21.08 39
that he or she is duly authorized by all requisite actions
and consents to execute and deliver this Agreement on such
party's behalf.
Section 27. Counter arts. This Agreement 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 same instrument, which may be
sufficiently evidenced by one counterpart.
Section 28. By acceptance of this Agreement and./or
benefits conferred hereunder, Premcor represents and
warrants that its undersigned agents have complete and
unrestricted authority to enter. into this Agreement and to
obligate and bind Premcor to all of the terms, covenants
and conditions contained herein.
Section 29. Any notice provided for in this
contract shall be given in writing to the parties hereto by
certified mail, return receipt requested, addressed as
follows:
TO CITY: TO PREMCOR:
City Manager Refinery Manager
CITY OF PORT ARTHUR THE PREMCOR REFINING GROUP INC.
444 4th St. 1801 South Gulfway Drive
Port Arthur, TX 77640 Port Arthur, TX 77642
(409) 985-1000
(409) 985-1799 (facsimile)
z.ida_premcor_coex expansion project_8.21.08 40
WITH A COPY TO:
City Attorney
CITY OF PORT ARTHUR
444 4th St .
Port Arthur, TX 77640
(409) 983-8126
(409) 983-8124
WITH A COPY TO:
Tax Department
Valero Energy Corp.
P.O. Box 696000
San Antonio, Texas 78269-6000
(210) 345-2000
(210) 345-2495 (facsimile)
Section 30. This agreement is effective the day
of 2008, and shall expire on the 31St day of
December, 2019, unless extended by the City of Port Arthur,
as delineated in Section 5.
z.ida_premcor_coex expansion project_8.21.08 41
SIGNED AND AGREED to on the day of
2008.
THE PREMCOR REFINING GROUP INC.
BY:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
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 The Premcor
Refining Group Inc., formerly known as Clark Refining and
Marketing Inc., 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., 2008.
NOTARY PUBLIC, STATE OF TEXAS
z.ida~remcor_coex expansion project_8-07-08-1 42
SIGNED AND AGREED to on tree _ day of ,
2008.
CITY OF PORT ARTHUR, TEXAS
BY:
Stephen Fitzgibbons
City Manager
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared Stephen Fitzgibbons, 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., 2008.
NOTARY PUBLIC, STATE OF TEXAS
z.ida_premcor_coex expansion project_8.21.08 43
LIST OF ATTACHMENTS
• "A" Area of land owned by Premcor
• "B" Description of project and timetables for
COEX II PROJECT
• "C" Description of project and timetables for
Gasification Project
• "D" Products presently produced by the Company
• "E" Existing values of land, equipment and units
• "F" Description of owners of property
• "G" List of companies whose services, equipment,
units and/or goods are not readily available
from Port Arthur contractors or vendors
• "H" Area to be annexed pertaining to Entergy
Gulf Oil Substation and meters
• "I" Area to be annexed pertaining to Entergy
Taylor Bayou Substation and meters
z.ida~remcor_coex expansion project 8.21.08 44