HomeMy WebLinkAboutPR 22918: SECOND AMENDMENT TO THE IDA PORT ARTHUR LNG, LLC AND SUBSIDIARY, PALNG COMMON FACILITIES COMPANY, LLC P. R. No. 22918
11/30/22 ht/gt
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF THE SECOND
AMENDMENT TO THE INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF PORT ARTHUR, PORT ARTHUR LNG, LLC
AND ITS SUBSIDIARY, PALNG COMMON FACILITIES COMPANY,
LLC
WHEREAS, on June 4, 2019, the City Council adopted Resolution No. 19-245
authorizing an Industrial District Agreement (IDA) with Port Arthur LNG, LLC and its
subsidiary, PALNG Common Facilities Company, LLC (herein referred to collectively as
"PALNG"); and
WHEREAS, pursuant to Resolution No. 22-465, the First Amendment to the IDA
was executed to extend the commencement date from Tax Year 2023 to Tax Year 2026
(January 1, 2026), due to the onset the COVID-19 pandemic which constituted a "Force
Majeure Event" as provided in Section 20 of the agreement; and
WHEREAS, pursuant to Ordinance No. 22-83, the City disannexed 41.589 acres
of land owned by PALNG from the corporate limits into the extraterritorial
jurisdiction/industrial district of Port Arthur, Texas; and
WHEREAS, it is now deemed necessary to execute a Second Amendment with
PALNG pursuant to Sections 42.044 and 212.172 of the Texas Local Government Code,
and Article 1, Sections 5 and 6, of the City's Charter to include the disannexed property
in the IDA's "Affected Area".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council hereby authorizes the City Manager to execute
the Second Amendment to the Industrial District Agreement with Port Arthur LNG, LLC
and its subsidiary, PALNG Common Facilities Company, LLC (also referred to as"PALNG"),
in substantially the same form as attached hereto as Exhibit"A".
Section 3. That a certified copy of the executed Amendment shall be filed of
record in the public records of the Jefferson County Clerk.
Section 4. That a copy of the caption of this Resolution shall be spread upon
the Minutes of the City Council.
READ, ADOPTED, AND APPROVED, this day of December, 2022 AD, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following
vote: AYES:
Mayor:
Councilmembers:
NOES:
Thurman Bartle,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
.20660
Valecia R. Tiae
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton,
City Manager
Exhibit "A"
STATE OF TEXAS §
COUNTY OF JEFFERSON §
SECOND AMENDMENT TO INDUSTRIAL DISTRICT AGREEMENT
This SECOND AMENDMENT TO INDUSTRIAL DISTRICT AGREEMENT (this
"Amendment" ) is executed on the date set forth on the signature
pages attached hereto (the "Effective Date" ) , by and among the
City of Port Arthur (hereinafter referred to as the "City" ) , a
home rule municipality governed under the laws of the State of
Texas, on the one hand, and Port Arthur LNG, LLC, a Delaware
limited liability company (hereinafter referred to as the "Project
Company" ) and its subsidiary, PALNG Common Facilities Company,
LLC, a Delaware limited liability company (hereinafter referred to
as "PALNG" ) , on the other hand. Project Company and PALNG are
referred to collectively in this Amendment as "Property Owners" .
WHEREAS, City and Property Owners are parties to that certain
Industrial District Agreement dated to be effective June 4 , 2019
(the "Agreement" ) as first amended on October 11, 2022;
WHEREAS, City and Property Owners desire to amend certain
provisions of the Agreement as more particularly set forth in this
Amendment;
WHEREAS, this Amendment shall be effective and binding on the
parties hereto upon the Effective Date;
Port Arthur LNG,LLC Industrial District Agreement 1
SECOND AMENDMENT
WHEREAS, City and Property Owners acknowledge the following:
(1) that subsequent to the effective date of the Agreement PALNG
acquired certain real property within City limits that is adjacent
to and contiguous with the Affected Area which, upon Property
Owners petition, was disannexed by the City on November 22, 2022
by Ordinance No. 22-83 , and (2) that the real property disannexed
pursuant to such ordinance now lies within the City' s
extraterritorial jurisdiction; and
WHEREAS, City and Property Owners desire to include in the
Affected Area the real property disannexed pursuant to Ordinance
No. 22-83 ;
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein, City and
Property Owners agree with each other as follows as it pertains to
the Agreement :
1. Capitalized terms used in this Amendment have the same
meanings given to them in the Agreement unless otherwise
defined herein.
2 . City and Property Owners hereby agree that the Agreement
is amended as follows :
a. Exhibit 1 that is attached to and made a part of this
Second Amendment is hereby appended to, included in,
and made a part of Exhibit A of the Agreement .
Port Arthur LNG,LLC Industrial District Agreement 2
SECOND AMENDMENT
3 . All of the information recited in this Amendment is true
and correct in all respects .
4 . Except as set forth in this Amendment, all of the terms,
covenants, and conditions of the Agreement, and all the
rights and obligations of City and Property Owners
thereunder, shall remain in full force and effect and are
not otherwise altered, amended, revised, or changed.
5 . 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 same instrument .
(SIGNATURE PAGES FOLLOW]
Port Arthur LNG,LLC Industrial District Agreement 3
SECOND AMENDMENT
SIGNED AND AGREED to on the day of
20
PALNG COMMON FACILITIES COMPANY, LLC
BY:
NAME: James R. Asay
TITLE: Vice President - Tax
PORT ARTHUR LNG, LLC
BY:
NAME: James R. Asay
TITLE: Vice President - Tax
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 PALNG Common Facilities Company, 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. , 20 .
NOTARY PUBLIC, STATE OF TEXAS
Port Arthur LNG,LLC Industrial District Agreement 4
SECOND AMENDMENT
SIGNED AND AGREED to on the day of ,
20 .
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 , 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 Port Arthur LNG, 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. , 20 .
NOTARY PUBLIC, STATE OF TEXAS
Approved as to form and substance:
Valecia R. Tizeno, City Attorney
RETURN TO:
Valecia R. Tizeno
City Of Port Arthur
P.O. Box 1089
Port Arthur, TX 77641-1089
Port Arthur LNG,LLC Industrial District Agreement 5
SECOND AMENDMENT
EXHIBIT 1
•
TBPE Firm No.F-5755
•
TBPLS Firm No.10123800
LA EF.0005711
-w. 3737 Doctors
Port Arthur,Texas 77Drive642
SURVEYORS&ENGINEERS Office(409)983.2004
Fax(409)983.2005
TRACT I
38.23 ACRES OF LAND
PART OF THE JOHN BENNETT SURVEY
ABSTRACT NO. 71
JEFFERSON COUNTY,TEXAS
BEING 38.23 acres of land, part of the John Bennett Survey, Abstract No. 71, Jefferson County, Texas;
being part of a (Called 120.757)acre tract of land, known as Round Lake, described in a deed to PALNG
Common Facilities Company, LLC,recorded in File No. 2019005328, Official Public Records, Jefferson
County, Texas; said 38.23 acre tract being more fully described by metes and bounds as follows, to wit:
Note: Bearings, distances and acreage are based on the Texas Coordinate System of 1983, South Central
Zone, US Survey Feet, and are referenced to those tracts described in a deed to Port Arthur LNG Holdings,
LLC, recorded in File No. 2006017390, Official Public Records, Jefferson County, Texas.
Note: This document was prepared under 22 TAC 0663.21, does not reflect the results of an on the ground
survey, and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared.
COMMENCING at a concrete monument,marked "Gulf Oil Corp.". found on the West line of Abstract
No. 71, for the Northeast corner of Abstract No. 251, the Southeast corner of Abstract No. 486, and the
Northeast corner of a tract of land. known as Tract 3, described in a deed to Port Arthur LNG Holdings,
LLC, recorded in File No. 2006017390, Official Public Records, Jefferson County, Texas; said concrete
monument having coordinates of N: 13879643.68. E: 3565680.68;
THENCE, South 87 deg. 02 min. 32 sec. West, on the common line of Abstracts No. 251 and 486, the
North line of Tract 3, and the North line of Tract 14, described in that same deed to Port Arthur LNG
Holdings, LLC, at 356.82' passing a 5/8" steel rod, capped and marked "WORTECH", found on the
Southwest right-of-way line of State Highway 87, for the Northwest corner of Tract 14, and the Northeast
corner of Tract 1,described in that same deed to Port Arthur LNG Holdings,LLC,continuing on the North
line of Tract 1, a total distance of 1530.26' to a point on the West line of City of Port Arthur Annexation
Ordinance Nos. 78-43 & 79-33;
THENCE.South 22 deg. 14 min.00 sec.East,on the southwesterly line of City of Port Arthur Annexation
Ordinance Nos. 78-43 & 79-33, a distance of 5742.95' to a point on the common line of Tract 1 and the
(Called 120.757) acre tract, for the POINT OF BEGINNING. and most westerly corner of the herein
described tract;
THENCE,the following bearings and distances,on the common line of Tract 1 and the (Called 120.757)
acre tract,to points for corner:
1
North 63 deg. 25 min. 27 sec. East, 219.22'
North 84 deg. 58 min. 25 sec. East, 66.44'
South 68 deg. 25 min. 17 sec. East, 94.90'
South 45 deg. 20 min. 34 sec. East. 476.70"
South 33 deg. 46 min. 16 sec. East, 566.27'
South 26 deg. 37 min. 43 sec. East, 764.31'
South 20 deg. 38 min. 54 sec. East, 523.17'
South 06 deg. 13 min. 23 sec. East, 273.78'
South 23 deg. 09 min. 15 sec. East, 67.83'
South 79 deg. 40 min. 16 sec. West, 54.31'
South 79 deg. 32 min. 55 sec. West, 171.16'
South 04 deg. 58 min. 04 sec. East, 88.52'
South 60 deg. 10 min. 57 sec. West, 147.57'
South 51 deg. 13 min. 05 sec. West, 56.70'
South 67 deg. 11 min. 40 sec. West, 80.62'
North 89 deg. 48 min. 06 sec. West, 93.82'
THENCE, South 74 deg. 51 min. 58 sec. West,continuing on the common line of Tract 1 and the(Called
120.757) acre tract, a distance of 5.69' to a point on the southwest line of City of Port Arthur Annexation
Ordinance Nos. 78-43 & 79-33, for the most Southwesterly corner of the herein described tract;
THENCE,North 22 deg. 14 min. 00 sec. West, on the southwest line of City of Port Arthur Annexation
Ordinance Nos. 78-43 & 79-33, a distance of 2716.35' to the POINT OF BEGINNING, and containing
38.23 acres of land, more or less.
1
4
I If
III il
JJbF
1 R tic—cw„•,`„e\ bR E !/
t � 9 .' — - _ 1 d
}E� b. j•
a 2 T
liA il
t ; "VA /, Q . �nI vai1 :
9 ` 5
•I
@;
ay1 :, Ia
\
/ a
,.12 I AaQ e.% le
\''I
E- 1
5y
:i
61. "Iv 4 1 f'v
Vg
"V Ili
',1,
2
IF"gam
1.§§ram
s§fo e
'$ dr.$ s"s Ei5isscsss...1
w
1.41
i "1 s t .
4. 411110111'U' l' i
I
sgegc
1 x -
x 8
i
•
TRACT II
3.359 ACRES OF LAND
PART OF THE JOHN BENNETT SURVEY
ABSTRACT NO. 71
JEFFERSON COUNTY,TEXAS
BEING 3.359 acres of land, part of the John Bennett Survey. Abstract No. 71, Jefferson County, Texas;
being part of a (Called 5.344) acre tract of land, described in a deed to PALNG Common Facilities
Company, LLC, recorded in File No. 2019005328, Official Public Records, Jefferson County, Texas, all
of a(Called 0.222) acre tract of land described in a deed to PALNG Common Facilities Company, LLC,
recorded in File No. 2020027835, Official Public Records, Jefferson County, Texas, and part of the old
right-of-way of State Highway 87 prior to its rerouting; said 3.359 acre tract being more fully described
by metes and bounds as follows, to wit:
Note: Bearings, distances and acreage are based on the Texas Coordinate System of 1983, South Central
Zone, US Survey Feet, and are referenced to those tracts described in a deed to Port Arthur LNG Holdings,
LLC, recorded in File No. 200601 7390, Official Public Records, Jefferson County, Texas.
Note: This document was prepared under 22 TAC 0663.21, does not reflect the results of an on the ground
survey, and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared.
COMMENCING at a concrete monument, marked"Gulf Oil Corp.", found on the West line of Abstract
No. 71, for the Northeast corner of Abstract No. 251, the Southeast corner of Abstract No. 486, and the
Northeast corner of a tract of land. known as Tract 3, described in a deed to Port Arthur LNG Holdings,
LLC, recorded in File No. 2006017390, Official Public Records. Jefferson County, Texas; said concrete
monument being the Northeast corner of a (Called 430.3) acre tract of land described in a said concrete
monument having coordinates of N: 13879643.68. E: 3565680.68;
THENCE, South 87 deg. 02 min. 32 sec. West, on the common line of Abstracts No. 251 and 486, the
North line of Tract 3, and the North line of Tract 14, described in that same deed to Port Arthur LNG
Holdings, LLC, at 356.82' passing a 5/8" steel rod, capped and marked "WORTECH", found on the
Southwest right-of-way line of State Highway 87, for the Northwest corner of Tract 14, and the Northeast
corner of Tract 1,described in that same deed to Port Arthur LNG Holdings,LLC,continuing on the North
line of Tract 1, a total distance of 1530.26' to a point on the West line of City of Port Arthur Annexation
Ordinance Nos. 78-43 & 79-33;
THENCE, South 22 deg. 14 min. 00 sec. East, on the southwest line of City of Port Arthur Annexation
Ordinance Nos. 78-43 & 79-33. a distance of 8629.15' to a point on the Southeast line of Tract 1 and a
Northwesterly line of the (Called 5.344) acre tract, for the POINT OF BEGINNING. and most westerly
corner of the herein described tract;
THENCE,North 53 deg. 33 min. 23 sec. East,on the Southeast line of Tract 1, a distance of 887.27' to a
point for the most southerly Southeast corner of Tract 1;
I
THENCE.North 36 deg. 25 min. 08 sec. West, a distance of 251.01' to a point for corner;
THENCE. North 53 deg. 35 min. 38 sec. East, a distance of 305.21' to a concrete monument, found on
the Southwest right-of-way line of State Highway 87,prior to its rerouting,and the Southwest line of Tract
14, for the most easterly Southeast corner of Tract 1, and the most northerly corner of the (Called 0.222)
acre tract;
THENCE,North 68 deg. 27 min. 29 sec. East, on the Southwest line of Tract 14, a distance of 70.00' to
a point on the centerline of State Highway 87, prior to its rerouting, for the most northerly corner of the
herein described tract;
THENCE.South 21 deg. 32 min.49 sec.East,on the centerline of State Highway 87,prior to its rerouting,
and the Southwest line of Tract 14, a distance of 311.29' to a point for the most easterly corner of the
herein described tract:
THENCE, South 68 deg. 27 min. 29 sec. West, a distance of 70.03' to a concrete monument, found on
the Southwest right-of-way line of State Highway 87,prior to its rerouting,and the Southwest line of Tract
14, for the most northerly corner of Tract 2N, described in that same deed to Port Arthur LNG Holdings,
LLC.and the most easterly corner of the(Called 5.344) acre tract;
THENCE, South 53 deg. 33 min. 23 sec. West, on the northwesterly line of Tract 2N, a distance of
1125.20' to a point on the southwest line of City of Port Arthur Annexation Ordinance Nos. 78-43 & 79-
33, for the most southerly corner of the herein described tract;
THENCE, North 22 deg. 14 min. 00 sec. West, on the southwesterly line of the corporate limits of the
City of Port Arthur, a distance of 51.59' to the POINT OF BEGINNING, and containing 3.359 acres of
land,more or less.
This description is based on the Land Survey made under the direct supervision of Randall Alvey Creel,
Registered Professional Land Surveyor No. 6678 on April 20, 2022.
City of Port Arthur
22-0727
A
ili 1I
110 ,
i liZ II i.
//
Of 1 Il
1
s
op N
i F4Tt 1
il
i
lik�' =i{a 41
�1
1 Q 4 ; 1
O 1., .
11- - 'I iitf l
Ni 11
§.?, g t. '‘ !NI -4:.* 1:
g ,i ;�� x awe $
z' '1 I
;z 1
Ao
;oE
1
9 •4 f e
NA