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HomeMy WebLinkAboutPR 24469: ACCEPTANCE OF A DONATION FROM THE CHENIERE FOUNDATION INTEROFFICE MEMORANDUM Date: August 1, 2025 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: George Davis, Director of Pleasure Island RE: P.R. 24469—Acceptance of a donation from the Cheniere Foundation Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 24469 authorizing the City Manager to accept a donation from the Cheniere Foundation in the amount of$20,000.00 to support repurposing the Palms at Pleasure Island Golf Course. Background: The Department of Pleasure Island received a donation from the Cheniere Foundation in order to help with the costs of repurposing the Palms at Pleasure Island Golf Course. Funds from this donation will be used to purchase a side-by-side vehicle to perform tasks throughout the Pleasure Island golf course and as transportation for staff. More specifically, the side-by-side utility vehicle will significantly enhance mobility and accessibility across the golf course property, allowing staff to efficiently navigate various terrains and reach areas that may be difficult to access on foot. Budget Impact: None Recommendation: It is recommended that the City Council approve P.R.No. 24469 authorizing the City Manager to accept a donation from the Cheniere Foundation in the amount of$20,000.00 to support repurposing the Palms at Pleasure Island Golf Course. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P. R. # 24469 8/1/2025 gd RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION FROM THE CHENIERE FOUNDATION IN THE AMOUNT OF $20,000.00 TO SUPPORT THE REPURPOSING OF THE PALMS AT PLEASURE ISLAND GOLF COURSE WHEREAS, pursuant to Resolution 24-212, City Council authorized the City Manager to enter into a Memorandum of Understanding (MOU)with Lamar University of Beaumont, Texas, to explore repurposing the Palms at Pleasure Island Golf Course property, located at 1901 T.B. Ellison Parkway, Port Arthur, Texas 77640; and, WHEREAS, the Pleasure Island Department received a donation from the Cheniere Foundation in the amount of$20,000.00 as provided in Exhibit"A"; and, WHEREAS, the donation will be used to purchase a side-by-side utility vehicle to perform tasks throughout the Pleasure Island Golf Course and to provide transportation for staff. WHEREAS, side-by-side utility vehicle will significantly enhance mobility and accessibility across the golf course property, allowing staff to efficiently navigate various terrains and reach areas that may be difficult to access on foot. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is hereby authorized to accept a donation from the Cheniere Foundation in the amount of$20,000.00 to purchase a side-by-side utility vehicle for use in performing tasks throughout the Pleasure Island Golf Course and for staff transportation, as outlined in Exhibit "A"; and further authorized to execute a Release and Hold Harmless Agreement, in substantially the same form attached hereto as Exhibit"B". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. P. R. # 24469 8/1/2025 gd READ, ADOPTED AND APPROVED THIS day of , A.D., 2025, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote: AYES:(Mayor) Councilmembers: NOES: Charlotte M. Moses, Mayor ATTEST: APPROVED AS TO FORM: , _..........c..._-;-:..._._... ....,__ Sherri Bellard Roxann Pais,Cotroneo City Secretary City Attorney APPROVEST' TION: a i irInv. stA I 1 Ronald CP I, Geor a Da is, MA, CPM City Manager Director of Pleasure Island APPROVED AS TO THE AVAILABILITY OF FUNDS: 10/4 / IPALynda(Lyn) Boswell,MA, ICMA-CM Clifton E. Wil lams,Jr., Director of Finance Purchasing Manager P. R. # 24469 8/1/2025 gd Exhibit "A" CHENIERE /". FOUNDATION July 28, 2025 Mr. George Davis 444 Fourth St. Port Arthur, TX 77640 Tax ID#: 74-6001885 Dear Mr. Davis, At Cheniere we are proud of our long tradition of responsible corporate citizenship, and we are deeply committed to giving back to the communities where we live and work. Through the Cheniere Foundation, the company implements programs to positively impact local communities through volunteer efforts, financial contributions, and in-kind donations. As recommended by our Local Government and Community Affairs team at our Sabine Pass Liquefaction facility (SPL) in Cameron Parish, please find enclosed a donation in the amount of $20,000 (Check #1612) to support the Palms at Pleasure Island restoration project. We are pleased to be able to provide you with this support and wish you all the best in your efforts to bring Pleasure Island back to the thriving sector of Port Arthur that it once was. Please send an acknowledgement letter to the address below. Sincerely, Away M L LLe-r Amy Miller Local Government and Community Affairs Cheniere Energy, Sabine Pass Liquefaction cc: Wendy Craven Enclosure Cheniere Foundation • 845 Texas Ave. Suite 1250 • Houston,TX 77002 • phone:713.375.5000 •fax:713.375.6000 P. R. # 24469 8/1/2025 gd Exhibit "B" RELEASE AND HOLD HARMLESS AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § This Release and Hold Harmless Agreement ("Agreement") is made and entered into by and between the City of Port Arthur,Texas,a municipal corporation organized and existing under the laws of the State of Texas ("City"), and the Cheniere Foundation, its officers, directors, employees, agents, successors, and assigns(collectively referred to as "Cheniere"). RECITALS WHEREAS, the Cheniere Foundation has agreed to provide a monetary donation to the City in the amount of$20,000.00(the "Donation") for the limited purpose of enabling the City to purchase a side-by-side utility vehicle (the "Vehicle"); and WHEREAS,the City desires to accept said Donation and acknowledges that the purchase, operation, use, and maintenance of the Vehicle shall be its sole responsibility; NOW THEREFORE, for and in consideration of the Donation and the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Release of Liability. The City hereby fully and unconditionally releases and discharges the Cheniere Foundation from any and all claims, demands, liabilities,damages, losses, costs,and causes of action,whether known or unknown, arising out of or relating in any way to the Cheniere Foundation's donation of funds for the purchase of the Vehicle, including but not limited to the use, operation, maintenance, or condition of the Vehicle, and any incidents, accidents, injuries, or property damage arising therefrom. Indemnification and Hold Harmless. The City agrees to indemnify, defend, and hold harmless the Cheniere Foundation from and against any and all claims, demands, suits, actions, judgments, liabilities, damages, losses, costs, and expenses arising out of or relating to the City's ownership, operation, use, or maintenance of the Vehicle, or any act or omission by the City or its agents, employees, or representatives in connection with the Donation or the Vehicle. No Warranties.The Cheniere Foundation makes no representation or warranty,express or implied, regarding the intended purchase or performance of the Vehicle, and the City assumes full responsibility for selecting, purchasing, and maintaining the Vehicle. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any action arising under this Agreement shall lie exclusively in Jefferson County, Texas. Entire Agreement. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior negotiations or agreements, whether written or oral. IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates set forth below. ATTEST: CITY OF PORT ARTHUR, TEXAS Sherri Bellard, City Secretary Ron Burton, CPM, City Manager WITNESS: Cheniere Foundation By: BY Print Name: PRINT NAME: TITLE: I I a