HomeMy WebLinkAboutPR 15371: MOTIVA ENTERPRISES & BECHTEL-JACOBS CEP SETTLEMENT & RELEASE AGREEMENT (39TH STREET)Interoffice
MEMORANDUM
To:
From:
Date:
Subject
Mayor, City Council, and City Manager
Mark T. Sokolow, City Attorney r?~„t ~Pt/
August 7, 2009
P. R. No. 15371; Council Meeting August 11, 2009
Attached is P. R. No. 15371 authorizing the City
Manager to execute a Settlement and Release Agreement with
Motiva Enterprises, LLC, the Bechtel-Jacobs CEP Port Arthur
Joint Venture, and MV Transportation Incorporated as to 39th
Street.
MTS:ts
Attachment
cc: Verna Rutherford
External Affairs Manager
MOTIVA
Kevin Weido
SHELL
z.pr15371_memo
P. R. No. 15371
08/06/09 is
RESOLIITION N0.
A RESOLIITION AIITHORIZING THE CITY MANAGER TO
EXECIITE A SETTLEMENT AND RELEASE AGREEMENT
WITH MOTIVA ENTERPRISES, LLC, BECHTEL-JACOBS
CEP PORT ARTHIIR JOINT VSNTIIRE AND MV
TRANSPORTATION, INCORPORATED AS TO 39T" STREET
WHEREAS, the City Council deems it in the best interests of
the City to enter into a Settlement and Release Agreement with
Motiva Enterprises, LLC, Bechtel-Jacobs CEP PORT ARTHUR Joint
Venture, and MV Transportation Incorporated for $603,000.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THS CITY
OF PORT ARTHIIR:
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That the City Manager is herein authorized to
execute a Settlement and Release Agreement with Motiva Enterprises,
LLC, Bechtel-Jacobs CEP PORT ARTHUR Joint Venture, and MV
Transportation Incorporated, 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., 2009, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
Mayor
z.pr15371
Councilmembers
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
z.pr15371
EXHIBIT "A"
SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement ("Agreement") is made by and between Motive
Enterprises LLC, the Bechtel-Jacobs CEP Port Arthur Joint Venture and MV Transportation
Incorporated ("Released Parties"), and the City of Port Arthur, Texas ("City"), effective the 14
day of August, 2009.
Recitals
1. Whereas the City has represented that it owns 39`h Street.
2. Whereas City has alleged that the Released Parties caused deterioration to 39`h
Street (the "Dispute");
3. Whereas the Released Parties have denied allegations made against them;
4. Whereas in order to avoid uncertainfies, and to put behind them the annoyance
and expense of further negotiation, the Released Parties and the City have agreed, without any
party making any admission of fault or liability to any other party, to resolve this Dispute by
settlement; and
5. Whereas the City agrees to release the Released Parties of all claims that are the
subject of, or could have been asserted in, the Dispute.
6. Therefore, the parties enter into this Agreement in order to resolve the Dispute for
and in consideration of the following terms.
Agreements. Covenants and Releases
7. For and in consideration of the agreements, covenants and releases set forth
herein, upon receipt of this Agreement properly executed on behalf of the City and an invoice
from the City, the Bechtel-Jacobs CEP Port Arthur Joint Venture agrees to pay the City the sum
of Six Hundred and Three Thousand Dollars ($603,000.00) on behalf of the Released Parties.
Such payment will be made within thirty (30) days of the Bechtel-Jacobs CEP Port Arthur Joint
Venture's receipt of this Agreement so executed by City and an invoice.
8. In further consideration of the agreements, covenants and releases set forth herein,
the City, together with its directors, officers, employees, agents, attomeys, representatives, heirs,
assigns, affiliates, predecessors, successors, related entities, and subsidiary and parent
organizations, release the Released Parties from and against any and all claims, demands,
obligations, liabilities, and causes of action, of any nature whatsoever, at law or in equity,
asserted or unasserted, known or unknown, asserted in the Dispute or arising out of or relating to
the Dispute.
9. No party to this Agreement makes any acknowledgment or admission of any
liability to any other party to this Agreement, and all parties expressly agrees that this Agreement
is made for the sole purpose of compromising a claim that is disputed as to validity and amount.
10. Each party represents that it has carefully read and fully understands all of the
provisions of this Agreement, that it has been given the opportunity to fully discuss the contents
of this Agreement with independent counsel of its choice and has done so, that it is voluntarily
entering into this Agreement, and that it has all necessary power and authority to enter into and
perform this Agreement.
11. This Agreement may be executed in multiple counterparts, all of which, taken
together, shall constitute but a single agreement, and each of which shall be deemed an original.
12. This Agreement shall be governed and construed by the substantive laws of the
State of Texas, without regard to the choice of law rules of Texas or of any other jurisdiction.
13. Each party shall be responsible for and pay its own attorneys' fees, taxable costs
and actual costs related to the Dispute.
-2-
14. This Ageement reflects the entire agreement between the parties. There are no
other ageements, either written or oral, and the execution and delivery of this written Ageement
supersedes any and all prior representations, negotiations or ageements pertaining to the subject
matter thereof.
CITY OF PORT ARTHUR, TEXAS
BY:
PRINTED NAME:
TITLE:
MOTIVA ENTERPRISES LLC
BY:
PRINTED NAME:
TITLE:
BECHTEL - JACOBS CEP PORT ARTHUR
JOINT VENTURE
BY: BECHTEL CORPORATION,
General Partner
BY:
PRINTED NAME:
TITLE:
BY: JACOBS ENGINEERING CROUP,
INC., General Partner
BY:
PRINTED NAME:
TITLE:
-3-
MV TRANSPORTATION
INCORPORATED
BY:
PRINTED NAME:
TITLE:
-4-