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Home My WebLink AboutPR 23860: TEMPORARY RIGHT OF ENTRY OF PLEASURE ISLAND PROPERTY FOR DILIGENCE OFFSHORE SERVICES, LLC City of ort mbar Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: July 19, 2024 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Sherry Vital,Assistant City Attorney RE: P.R. No. 23860 - Temporary Right of Entry of Pleasure Island Property for Diligence Offshore Services, LLC Introduction: Diligence Offshore Services,LLC is requesting that a real estate right-of-entry be granted to Diligence Offshore Services, LLC and its contractors, to enter onto the City's property. This Right-of-Entry is required to conduct surveys and field investigations that will help further the engineering design of their proposed Port Arthur Offshore Wind Hub on Pleasure Island. Background: Diligence Offshore Services, LLC of Houston,Texas is currently working on developing plans to develop a Port Arthur Offshore Wind Hub and Wind Farm on Pleasure Island. The project will require the company to lease a 600-acre tract of raw land and energy areas sited inside the Sabine Lake. The purpose of the project is to create a steady stream of renewable energy in the region and contribute to the reduction of carbon emissions. Budget Impact: None. Recommendation: It is recommended that the City Council approve Proposed Resolution No. 23860,approving the temporary right of entry for Diligence Offshore Services,LLC,as discussed/outlined above. P.R. No. 23860 07/19/2024 sv RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT OF ENTRY FOR SURVEY AND FIELD INVESTIGATION AGREEMENT WITH DILIGENCE OFFSHORE SERVICES,LLC FOR TEMPORARY ACCESS TO CONDUCT SURVEY AND FIELD INVESTIGATIONS THAT WILL HELP FURTHER THE ENGINEERING DESIGN OF THE PORT ARTHUR OFFSHORE WIND HUB AND WIND FARM PROJECT ON PLEASURE ISLAND. WHEREAS, on April 9, 2024, Diligence Offshore Services, LLC made a presentation to the Port Arthur City Council concerning the proposed development of the Port Arthur Offshore Wind Hub and Wind Farm on Pleasure Island; and, WHEREAS, the project requires a 600-acre tract of raw land and up to 20 site specific wind energy areas sited inside the Sabine Lake, along with the rights of ways and right of use easements as depicted in Exhibit"A"; and, WHEREAS, Diligence Offshore Services, LLC is requesting that a temporary right-of- entry be granted to Diligence Offshore Services, LLC, and its contractors, to enter onto the City's property; and, WHEREAS, this Right-of-Entry, Exhibit "B", is required to conduct survey and field investigations that will help further the engineering design of the Port Arthur Offshore Wind Hub and Wind Farm on Pleasure Island project. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinion in the preamble are true and correct; and, THAT, the City Manager of the City of Port Arthur is hereby authorized to execute a Right of Entry for Diligence Offshore Services, LLC and its contractors, in substantially the same form as Exhibit"B". P. R. No. 23860 07/19/24 gd/spv THAT a copy of the caption of this resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of , 2024 at a Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES: Mayor ; Councilmembers: NOES: . Thurman Bartie, Mayor ATTEST: Sherri Bellard, City Secretary P. R. No. 23860 07/19/24 gd/spv AP "OVED AS TO FO • J. - M. Black, In - ► City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager, CP P. R. No. 23860 07/19/24 gd/spv EXHIBIT "A" .. ( 05,1 ,,, 1-1:,. : , ,., ...,, --:-... , N . 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',!..•,.• ::, 4 yr 7,".„,,Y,......,- i.• ....; ‘,.0.4:1 ... +.0 • .4. • ,•-:,..: ' ''• . 'S".', /**4'1%.AA,.:4?tki i ''-.. '„ .„;" AL.Peakili:/- P. R. No. 23860 07/19/24 gd/spv EXHIBIT "B" CITY OF PORT ARTHUR RIGHT OF ENTRY FOR SURVEY AND FIELD INVESTIGATIONS Diligence Offshore Services, LLC Port Arthur Offshore Wind Hub and Wind Farm on Pleasure Island Project The undersigned, hereinafter called the "Owner", Hereby grants to Diligence Offshore Services, LLC, hereinafter called the "Company" a right-of-entry upon the following terms and conditions: 1. The Owner hereby grants to the Company a revocable right to enter upon the lands hereinafter described at any time within a period of twelve (12) months from the date of this instrument, in order to survey, execute field investigations and carry out such other work as may be necessary to complete their investigations being made of said lands by the Company. 2.This right-of-entry includes the right of ingress and egress on other lands of the Owner not described below, provided such ingress and egress is necessary and not otherwise conveniently available to the Company, and does not otherwise unreasonably interfere with the Owner' s ingress and egress. 3.All tools, equipment, and other property taken upon or placed upon the land by the Company shall remain the property of the Company and may be removed by the Company at any time within sixty (60) days after the expiration of this right-of-entry. 4. If any action of the Company's employees or agents in the exercise of this right-of-way results in damage to the real property, the Company will, at its option, either repair such damage or make an appropriate settlement with the owner. In no event shall such repair or settlement exceed the fair market value of the fee interest of the real property at the time immediately preceding such damage. The provisions of this clause are without prejudice to any rights the Owner may have to make a claim under applicable laws for any other damages than provided herein. 5. The land affected by this right-of-entry is located in the State of Texas County of Jefferson and is shown in Exhibit " A". CITY OF PORT ARTHUR RIGHT OF ENTRY FOR SURVEY AND FIELD INVESTIGATIONS THIS RIGHT OF ENTRY, TOGETHER WITH ALL APPENDICES ATTACHED HERETO AND INCORPORATED HEREIN CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER COVERED IN THIS RIGHT OF ENTRY. THERE IS NO OTHER COLLATERAL ORAL OR WRITTEN AGREEMENT BETWEEN THE PARTIES THAT IN ANY MANNER RELATES TO THE SUBJECT MATTER OF THIS RIGHT OF ENTRY. Executed this day of , 2024. Diligence Offshore Services,LLC City of Port Arthur Company Owner BY BY Printed Name: Ronald Burton, CPM, City Manager Title: EXHIBIT "A" Vj 13h 2 C - ; i' .;,..,,,,,',-,y4• \,,,,,,. -k. w' 1 ii! =E: ---- y- Ai ' .b , !::/ t /' 40 a r ' 1. ,, - 1' • • // g* / • • '-'/7 ''•'I: 1 . 'AO d4 i,,, ,_, ; �J .. - ,, ''./:•..-"-": ' Ill ' ti ',., I.- - '-'; - i i 7,A.,,t.-:..„-.41, ,71'' .• :‘*.***--:,..4.,,..,..,./.4, 1, ._ ._ --,,, -,, ..,,,,4,...4v, .:,.,. '4'. ,''.*:01 2;1'4:', ._..w./ '- \ Y d S w '-,,.;-:-,--,-----./-...^,,'-:-.-.-^'.-^./..--„-?. --„;er.4-;,:-t-,,,:A....,.,.4,.,.,.-.,-;,•••,_. 1! :„: , i • cam. dk�4 F4 . in r =. ; /, y.,r �, A3 x 7 1 1.