HomeMy WebLinkAboutPR 18592: INDUSTRIAL DISTRICT AGREEMENT WITH GT LOGISTICS LLC AND GOLDEN TRIANGLE PROPERTIES P. R. NO. 18592
10/01/14 gt
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH GT
LOGISTICS LLC AND GOLDEN TRIANGLE PROPERTIES
WHEREAS, the City Council of the City of Port Arthur deems it
in the best interests of the citizens of Port Arthur to enter into
an Industrial District Agreement with GT Logistics LLC and Golden
Triangle Properties 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.
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 an Industrial District Agreement with GT
Logistics LLC and Golden Triangle Properties, in substantially the
same form as attached hereto as Exhibit "A" .
Section 3 . That GT Logistics LLC and Golden Triangle
Properties shall sign and return the Agreement by the close of
business on Thursday, October 16, 2014, or this Resolution is null
and void and the property described herein is annexed, effective
December 31, 2014 at 11 : 59 p.m.
s.pr18592
Section 4 . 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. , 2014 , at a Meeting of the City Council of the City of Port
Arthur, by the following vote : AYES :
Mayor:
Councilmembers :
NOES :
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
/Ad 72)
C rTY ATTOR I EY,
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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EXHIBIT "A"
s.pr18592
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
INDUSTRIAL DISTRICT AGREEMENT
This INDUSTRIAL DISTRICT AGREEMENT (this "Agreement" ) is
made and entered into by and between the City of Port Arthur
(hereinafter referred to as the "City" ) , a home rule
municipality governed under the laws of the State of Texas and
. GT Logistics LLC and Golden Triangle Properties (hereinafter
referred to as the "Property Owner" ) . The Property Owner owns
and/or leases real and tangible personal property and operates a
terminal facility (the "Facility" ) that is located in the City' s
extraterritorial jurisdiction.
WHEREAS, pursuant to Section 42 . 001 of the Texas Local
Government Code, the Legislature declares it the policy of the
State of Texas to designate certain areas as the
extraterritorial jurisdiction of municipalities to promote and
protect the general health, safety, and welfare of persons
residing in and adjacent to the municipalities; and
WHEREAS, the extraterritorial jurisdiction (hereinafter
referred to as the "ETJ" ) of the City is the unincorporated area
that is contiguous to the corporate boundaries of the City and
that is located within 3-1/2 miles of the boundaries of the
City; and
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WHEREAS, pursuant to Section 42 . 044 of the Texas Local
Government Code (the "TLGC" ) , the governing body of a
municipality may designate any part of its extraterritorial
jurisdiction as an industrial district and may treat the
designated area in a manner considered by the governing body to
be in the best interests of the municipality; and
WHEREAS, the Property Owner owns and/or leases land that is
located in the ETJ of the City, which was previously designated
as an industrial district and Exhibit "A" represents a true,
correct and complete legal description and/or map depiction of
said land (hereinafter referred to as the "Affected Area" ) ; and
WHEREAS, pursuant to Section 42 . 044 of the Texas Local
Government Code, the City may make written agreements with the
owners of land in an industrial district; and
WHEREAS, this Agreement is authorized under Sections 42 . 044
and 212 . 172 of the Texas Local Government Code, Vernon' s Texas
Code Annotated and Article I, Sections 5 and 6 of the City' s
Charter, and the parties agree that the terms of this Agreement
are reasonable, appropriate, and not unduly restrictive of
business activities; and
WHEREAS, this Agreement includes provisions concerning said
real and tangible personal property owned and/or leased by the
Property Owner in the Affected Area; and
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WHEREAS, the Property Owner and the City have previously
. entered into industrial district agreements related to the
Affected Area; and
WHEREAS, in previous industrial district agreements, the
City has articulated its concern regarding the unemployment rate
of Port Arthur residents in an effort to maximize job
opportunities for Port Arthur residents and contracting
opportunities for Port Arthur businesses and contractors; and
WHEREAS, the City created the Port Arthur Business
' Enterprise (PABE) program, with a goal of improving
opportunities for its residents and businesses; and
WHEREAS, the City is interested in working with industry to
obtain information on current hiring and procurement efforts,
including results, and to increase employment opportunities for
Port Arthur residents and procurement for Port Arthur
businesses; and
WHEREAS, the Property Owner agrees to provide written
reports to the City regarding its hiring and procurement
practices on a semi-annual basis; and
WHEREAS, the City desires to offer an incentive to the
Property Owner if it participates in an Employment and Training
Roundtable Program and meets certain milestones based on
increases in the hiring of Port Arthur residents and the
contracting opportunities afforded Port Arthur businesses; and
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WHEREAS, this Agreement shall be effective and binding on
the parties hereto upon execution hereof on behalf of all
parties to this Agreement, and effective January 1, 2015, this
Agreement supersedes any prior existing Industrial District
Agreement between the Property Owner and the City relating to
the subject matter hereof and governing City' s contractual
relationship with the Property Owner; and
WHEREAS, the City finds that the provisions set forth in
this Agreement are in the best interests of the City and
beneficial to the general health, safety, and welfare of its
residents; and
WHEREAS, the Property Owner finds that this Agreement is
beneficial to its business operations .
NOW THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein, the City and
the Property Owner, agree with each other as follows :
Section 1: ETJ Status, City Services and Code Enforcement
(a) Pursuant to Section 42 . 044 of the TLGC, and subject to
the terms and provisions of this Agreement, the City agrees and
guarantees that during the term of this Agreement, the Affected
Area shall be immune from annexation and shall continue to
retain its status as part of the City' s ETJ, except as otherwise
expressly provided herein.
(b) The Property Owner and the City agree that the City
shall have no obligation to provide City services to the
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Property Owner in the Affected Area and that the City will not
extend any services to Property Owner in the Affected Area
(unless otherwise provided herein) . The City will not require
the Property Owner to adhere to City codes such as the
regulation of plats and subdivisions of land, the imposition of
building, electrical, or plumbing inspections, and related code
requirements . The Property Owner agrees not to imprudently
discharge storm water or contribute to flooding on adjacent
property.
Section 2 . Description of Affected Area and Reports
(a) The City hereby designates the portion of the City' s
ETJ described and depicted on Exhibit "A" , which contains all of
the land owned and/or leased by the Property Owner in the City' s
ETJ, as an Industrial District . The Property Owner hereby
certifies that Exhibit "A" represents a true, correct and
complete legal description and map depiction of all of the land
owned and/or leased by the Property Owner in the "Affected
Area" .
(b) On or before May 1 of each year during the term of
this Agreement, the Property Owner shall furnish to the City a
written report listing the names and addresses of all persons
and entities who store any tangible personal property on the
. land in the Affected Area with the Property Owner (hereinafter
referred to as "products in storage" ) , and are in the possession
or under the management of Property Owner on January 1 of such
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year, and further giving a description of such products in
storage . The Property Owner shall file all reports required by
the chief appraiser of the Jefferson County Appraisal District
( "JCAD" ) under Section 22 . 04 of the Texas Property Tax Code
relating to (i) third parties' property that is in the Affected
Area and in the Property Owner' s possession or under the
Property Owner' s management by bailment, lease, consignment, or
other arrangement, and (ii) storage space leased or otherwise
provided to third parties for storage of personal property in
the Affected Area.
Section 3 . Payments by the Property Owner
(a) The City levies ad valorem taxes for general revenue
purposes on the value of land, improvements, and certain
personal property located within its corporate limits .
If the Affected Area were located within the corporate
limits of the City, it would be subject to such levy.
As part of the consideration for the City' s agreements
contained herein, the Property Owner agrees to make a payment to
the City in lieu of taxes (hereinafter referred to as "In Lieu
of Payment" ) for each "Tax Year" (as hereinafter defined) during
the term of this Agreement as provided herein. As used herein,
the term "Tax Year" has the meaning assigned to that term in
Section 1 . 04 of the Texas Property Tax Code (i . e . , the calendar
year) .
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(b) On or before October 15th of each Tax Year during the
term of this Agreement, and except as otherwise provided in
Sections 4 , 7 and 20, the Property Owner will remit to the City
an "In Lieu of Payment" equal to eighty percent (800) of the
. "Taxable Value" (as hereinafter defined) for such Tax Tear
multiplied by the City' s property tax rate for such Tax Year.
(c) On or before October 1st of each Tax Year during the
term of this Agreement, the City will submit to the Property
Owner a statement setting forth the calculation of the In Lieu
of Payment due from the Property Owner for such Tax Year.
(d) For the purposes of this Agreement, "Taxable Value"
means, for any Tax Year, the appraised value of the Property
Owner' s real property, tangible personal property or mixed that
is situated on the Affected Area as determined for such Tax Year
by the chief appraiser of JCAD for the property tax purposes of
Jefferson County, Texas as of January 1 of such Tax Year, less
the exempt value of pollution control property as so determined.
The appraised value also includes the appraised value of any
property that is located in a foreign trade zone or any other
type of federal, state or local zone .
Additionally, the Property Owner' s Taxable Value for the
purposes of this Agreement for any such Tax Year will include
the Taxable Value of all tangible personal property located and
stored on the Affected Area that is owned by third parties and
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is in the possession or under the management of the Property
Owner by bailment, lease, consignment, or any other arrangement
with the Property Owner ( "products in storage" ) on January 1 of
such Tax Year.
(e) For illustration purposes only, assume for a Tax Year
during the term of this Agreement that the Taxable Value is
$15, 000, 000 and that the City' s property tax rate for such Tax
Year is $ . 792 per $100 of Taxable Value . Subject to the
provisions of Sections 4 and 7, the In Lieu of Payment for such
Tax Year would be $95 , 040 . 00 calculated as follows :
80o X $15, 000, 000 X $ . 792/$100 = $95, 040 . 00
Section 4 . Treatment of Certain Fluctuations in Value
In the event there are any fluctuations of l00 or more in
the "Contract Value" (as hereinafter defined) , the parties agree
that there shall be a floor and ceiling applied in order to
calculate the payment for each year. Therefore, the parties
agree to place a cap on the variance in the amount of the
payment from the previous year of plus or minus loo based on the
Property Owner' s Contract Value for the previous year.
The intent of the 10o provision is to limit fluctuations in
payments to the City to no more than 10o up or 10o down each
year. This is accomplished by specifically defining the
Contract Value for the purpose of this contract each year
(hereinafter referred to and defined as the "Contract Value" ) .
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Notwithstanding anything contained herein to the contrary, if
for any Tax Year during the term of this Agreement, the Taxable
Value for such current Tax Year is either ten percent (10%) more
or less than the "Contract Value" (as herein defined) for the
immediately preceding Tax Year, then subject to the provisions
of Section 7 , the In Lieu of Payment for such current Tax Year
shall be an amount equal to eighty percent (80%) of either:
• 110% (if the Taxable Value for such current Tax Year
is ten percent (10%) more than the Contract Value for
the immediately preceding Tax Year) , or
• 90% (if the Taxable Value for such current Tax Year is
ten percent (10%) less than the Contract Value for the
immediately preceding Tax Year)
of the Contract Value for the immediately preceding Tax Year
multiplied by the City' s property tax rate for such current Tax
Year.
As used herein, the term "Contract Value" means :
(i) for the Tax Year 2015, the Taxable Value for the Tax
Year 2014 ; and
(ii) for any Tax Year during the term of this Agreement
after the Tax Year 2015, the Taxable Value or the Contract
Value, as the case may be, used to calculate the In Lieu of
Payment for the immediately preceding Tax Year.
a. Calculation of the Contract Value if there is a Decrease in
Value of More than 10%
In the event there is a fluctuation which results in a
decrease in the Taxable Value for 2015 of more than 10% of the
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Taxable Value for 2014 , the Contact Value for 2015 will be an
amount equal to minus 10% (i . e . , 90% of the Taxable Value for
the immediately preceding year [2014] ) .
In the event there is a fluctuation which results in a
decrease in the Taxable Value for 2016 of more than 10% of the
Contract Value for 2015, the Contact Value for 2016 will be an
amount equal to minus 10% (i .e. , 90% of the Contract Value for
the immediately preceding year [2015] ) .
In the event there is a fluctuation which results in a
decrease in the Taxable Value for 2017 of more than 10% of the
Contract Value for 2016 , the Contact Value for 2017 will be an
amount equal to minus 10% (i . e . , 90% of the Contract Value for
the immediately preceding year [2016] ) .
b. Calculation of the Contract Value if there is an Increase
in Value of More than 10%
In the event there is a fluctuation which results in an
increase in the Taxable Value for 2015 of more than 10% of the
Taxable Value for 2014 , the Contact Value for 2015 will be an
amount equal to plus 10% (i . e . , 110% of the Taxable Value for
the immediately preceding year [2014] ) .
In the event there is a fluctuation which results in an
increase in the Taxable Value for 2016 of more than 10% of the
Contract Value for 2015 , the Contact Value for 2016 will be an
amount equal to plus 10% (i . e. , 110% of the Contract Value for
the immediately preceding year [2015] ) .
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In the event there is a fluctuation which results in an
increase in the Taxable Value for 2017 of more than 1096 of the
Contract Value for 2016, the Contact Value for 2017 will be an
amount equal to plus 10%- (i . e . , 1100 of the Contract Value for
the immediately preceding year [2015] ) .
c. Chart
The following chart further illustrates the treatment of
various fluctuations :
1 Subject
to
Contract Contract City
Tax Value Value Contract Property
Year Taxable Value % Change % Limitation Value Applicable %* Tax Rate
2013 100.00 N/A N/A 100.00 N/A N/A
2014 80.00 -20% -10% 90.00 80% 72.00
2015 80.00 -11% -10% 81.00 80% 64.80
2016 110.00 36% 10% 89.10 80% 71.28
2017** 110.00 23% 10% 98.01 80% 78.41
2018** 90.00 -8% 0% 90.00 80% 72.00
* Subject to potential reduction for performance based incentives under Section 7.
** Assumes this Agreement is extended under Section 30.
Section 5 . Port Arthur Local Business Enterprise Program
The City recognizes that proactive steps must be taken to
help ensure that Port Arthur local business enterprises thrive
and continue to benefit our community economically and socially.
Therefore, the City created the Port Arthur Local Business
Enterprise Program (the "PABE Program" ) which is designed to
promote spending with qualified Port Arthur local business
enterprises (each an "LBE" as such term is defined below) by
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companies that have industrial district agreements with the
City, as well as to increase the diversity of Port Arthur
businesses from which such companies procure goods and services
so that the pool of such businesses is representative of the
business community at large . The Property Owner agrees to
participate in the PABE Program.
As used herein, "LBE" means a Port Arthur business
(including, but not limited to, a Port Arthur minority and/or
women owned business enterprise ( "MWBE" ) , a Port Arthur
historically underutilized business ( "HUB" ) , and a Port Arthur
disadvantaged business enterprise ( "DBE" ) that has been
certified as a LBE under the procedures and criteria specified
in the PABE Program as determined by the City Council of the
City, but such term shall not include any Port Arthur business
that has ceased to be so certified.
The City and the Property Owner agree, in conjunction with
other companies that have entered into industrial district
agreements with the City, to set up an advisory board to
implement the goals and objectives for the PABE program. The
advisory board will meet as needed and will be facilitated by an
outside source (Lamar State College of Port Arthur or other
mutually agreeable party) (referred to herein as the "PABE
Facilitator" ) . The PABE Facilitator will be paid a stipend
which shall be prorated equally among the parties to the
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industrial district agreements, and the Property Owner agrees to
pay its prorated share of such stipend, provided that the
Property Owner' s prorated share of such stipend shall not exceed
$250 . 00 per year.
Notwithstanding anything contained in this Agreement to the
contrary, the Property Owner shall in no event be obligated
under any provision of this Agreement (i) to amend or otherwise
change, or attempt to amend or otherwise change, any agreement
to which the Property Owner is a party as of the date hereof, or
(ii) to hire or retain any person, or to award any contract for
materials, supplies, equipment or services to any vendor,
supplier, professional, contractor or subcontractor, unless, in
the Property Owner' s sole discretion, (A) such person is
qualified, is willing to perform the work, and satisfies all of
the Property Owner' s normal standards for employment, and (B)
such vendor, supplier, professional, contractor or subcontractor
is qualified, financially sound, has an adequate safety record,
is willing to perform the work, or provide the materials or
services, in the time required and in a competitive manner, and
is the lowest qualified responsive bidder who meets all the
applicable bid specifications .
The Property Owner agrees that it will participate in the
PABE Program during the term of this Agreement and strongly
consider the use of certified Port Arthur businesses to
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facilitate the goals of the PABE Program. The terms and
conditions of the PABE Program are delineated on the City' s
official website .
The Property Owner, together with the City' s staff, will
also participate in a Quarterly Employment Roundtable Program
facilitated by the City. The goal of the Quarterly Employment
Roundtable Program is to address employment and training issues
that are essential to the hiring of Port Arthur residents as
employees of the Property Owner and it' s Nested Contractors (as
hereinafter defined) . The Quarterly Employment Roundtable
Program will also address issues related to improving the
workforce within the City to meet the needs of industry.
As used herein, the term "Nested Contractor" means an
employer that regularly operates full time at the Affected Area
providing personnel or services under contract with the Property
Owner.
Section 6 . Reporting Requirements
(a) For each of the Tax Years 2015 through 2016 (and, if
this Agreement is extended under Section 30, each of the Tax
Years 2017 and 2018) , the Property Owner agrees to submit on a
semi-annual basis a report (each, a "Report" ) in accordance with
the procedures, and providing the information specified, herein
with respect to the hiring of qualified Port Arthur residents by
the Property Owner and its Nested Contractors, and the retention
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of LBE' s by the Property Owner, as the same relate to the
Affected Area.
(b) The Report due for the six-month period ending on June
30th of each of such Tax Years shall be submitted on or before
the July 31st immediately following the end of such six-month
period, and the Report due for the six-month period ending on
December 31st of each of such Tax Years shall be submitted on or
before the January 31st immediately following the end of such
six-month period; provided, however, that upon the written
request of the Property Owner, the deadline for submitting a
Report shall be extended for thirty (30) days . The six-month
period covered by any Report is referred to herein as the
"Report Period. "
(c) The Reports shall be sent to the Office of the City
Manager and copied to the City Attorney substantially in the
format delineated in Exhibit "B" . Each of the Reports will be
reviewed for compliance by the City or its representative as to
the following:
(i) With respect to the hiring of qualified Port
Arthur residents by the Property Owner at the Facility, such
Report shall set forth the following information for the Report
Period covered by such Report :
(A) Total number of employees employed by the
Property Owner at the Facility on the last day
of such Report Period who were Port Arthur
residents on such date;
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•
(B) Total number of employees employed by the
Property Owner at the Facility on the last day
of such Report Period;
(C) Total number of new hires employed by the
Property Owner at the Facility during such
Report Period who were Port Arthur residents
on their first day of employment with the
Property Owner;
(D) Total number of new hires employed by the
Property Owner at the Facility during such
Report Period; and
(E) Total number of applicants completing the
interview process for employment with the
Property Owner at the Facility during such
Report Period.
(ii) With respect to the hiring of qualified Port
Arthur residents by the Property Owner' s Nested Contractors for
projects at the Facility, the Property Owner will use
commercially reasonable efforts to obtain the information set
forth below for inclusion in such Report for the Report Period
covered thereby:
(A) Total number of employees employed by the
Property Owner' s Nested Contractors for
projects at the Facility on the last day of
such Report Period who were Port Arthur
residents on such date;
(B) Total number of employees employed by the
Property Owner' s Nested Contractors for
projects at the Facility on the last day of
such Report Period;
(C) Total number of new hires employed by the
Property Owner' s Nested Contractors for
projects at the Facility during such Report
Period who were Port Arthur residents on their
first day of employment with the Property
Owner' s Nested Contractors;
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(D) Total number of new hires employed by the
Property Owner' s Nested Contractors for
projects at the Facility during such Report
Period; and
(E) Total number of applicants completing the
interview process for employment with Property
Owner' s Nested Contractors for projects at the
Facility during such Report Period.
(iii) With respect to the retention of "Designated
. LBE' s" (as defined in Section 7 (e) ) , such Report shall set forth
the following information for the Report Period covered by such
Report :
(A) Total number of Designated LBE' s that :
• (i) were on the approved vendor list of the
Property Owner at any time during such
Report Period, and/or
(ii) were invited by the Property Owner during
such Report Period to bid on contracts
for goods and/or services;
(B) Total number and dollar amount of contracts
awarded by the Property Owner during such
Report Period for goods and/or services that
the Property Owner determines could have
potentially been obtained from Designated
LBE' s; and
(C) Total number and dollar amount of the
contracts described in Section 6 (c) (iii) (B)
immediately above that were awarded to
Designated LBE' s during such Report Period.
(d) The information provided by the Property Owner
to the City in any Report shall be held confidential by the City
to the fullest extent permitted under applicable law. If the
City receives a request for such information, the City will
notify the Property Owner, and the Property Owner will be
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afforded an opportunity to file a brief with the Texas Attorney
General setting forth the reasons for exclusion of all or any
portion of such information from the requirement to be released
pursuant to the Texas Public Information Act .
Section 7 . Performance Based Incentives for Discounts as an
Economic Incentive Program pursuant to Chapter 380 of the
Texas Local Government Code
In General
(a) The calculation of the In Lieu of Payment under
Sections 3 and 4 is based in part upon the application of a
percentage equal to eighty percent (80%) (the "Discounted
Rate" ) . For any Tax Year during the term of this Agreement, the
Discounted Rate may be reduced as provided in this Section 7
upon verification and approval by the governing body of the City
that one or more of the performance-based milestones described
in this Section 7 were reached for the Report Period or Report
Periods covered by the Report or Reports applicable for such Tax
Year as designated below (such period or periods for any Tax
Year being referred to herein as the "Milestone Period" as
designated below) :
Tax Report Period or Report Periods
Year Ending on the following: Milestone Period
2015 December 31, 2014, and June 30, 2015 07/01/2014 - 06/30/2015
2016 December 31, 2015, and June 30, 2016 07/01/2015 - 06/30/2016
2017* December 31, 2016, and June 30, 2017 07/01/2016 - 06/30/2017
2018* December 31, 2017, and June 30, 2018 07/01/2017 - 06/30/2018
* If this Agreement is extended under Section 30.
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Hiring Milestones
(b) For purposes of this Agreement, the term "Report
Period Hiring Percentage" means, for any Report Period during
the term of this Agreement, a percentage equal to the quotient
determined by dividing (X) by (Y) where :
(X) = an amount equal to the sum of :
(i) the total number of employees employed by
the Property Owner at the Facility on the
last day of such Report Period who were
Port Arthur residents on such date; plus
(ii) the total number of employees employed by
the Property Owner' s Nested Contractors for
projects at the Facility on the last day of
such Report Period who were Port Arthur
residents on such date; and
(Y) = an amount equal to the sum of :
(i) the total number of employees employed by
the Property Owner at the Facility on the
last day of such Report Period; plus
(ii) the total number of employees employed by
the Property Owner' s Nested Contractors for
projects at the Facility on the last day of
such Report Period.
(c) For purposes of this Agreement, the term "Milestone
Hiring Percentage" means :
(i) for the Milestone Period applicable to the Tax
Year 2015, the Report Period Hiring Percentage
for the Report Period ending June 30, 2015 ; and
(ii) for the Milestone Period applicable to any of the
Tax Years 2016, 2017 and 2018 , the sum of the
Report Period Hiring Percentages for the Report
Periods included in such Milestone Period divided
by two (2) .
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(d) Upon verification and approval by the governing body
of the City that one of the Hiring Milestones (as hereinafter
defined) was reached for the Milestone Period applicable to a
Tax Year, the Discounted Rate for such Tax Year shall be reduced
by up to five (5) percentage points (5%-) based upon the
following schedule (the "Hiring Milestones" ) :
Milestone Hiring Percentage Point
Percentage for the Reduction*
Milestone Period
applicable to such Tax
Year
10%-20% 2%
21%-35% 3%
36%-49% 4%
50% or greater 5%
* For example, a percentage point reduction of 2% reduces
the Discounted Rate to 78% (i.e. , 80% minus 2% = 78%) .
LBE Milestones
(e) Prior to the first day of each Report Period, the City
shall cause the PABE Facilitator to provide the Property Owner
with a list of certain LBE' s for such Report Period selected and
compiled by the PABE Facilitator in accordance with the next
sentence (such LBE' s for any such Report Period being referred
to herein as the "Designated LSE' s" ) . In preparing the list of
the Designated LBE' s for any Report Period, the City shall cause
the PABE Facilitator:
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(i) to categorize the LBE' s on such list as either
commercial, industrial, or both commercial and
industrial;
(ii) in the case of LBE' s categorized as commercial,
to only include LSE' s that specialize in retail
trade, service, professional, office or similar
goods and/or services that can be utilized by
the Property Owner at the Facility; and
(iii) in the case of LBE' s categorized as industrial,
to only include LSE' s whose primary business
activity is classified under the North American
Industry Classification System (NAICS) to an
industry that provides goods and/or services
that can be utilized by the Property Owner at
the Facility.
(f) For purposes of this Agreement, the term "Report
Period LBE Percentage" means, for any Report Period during the
term of this Agreement, a percentage equal to the quotient
determined by dividing (X) by (Y) where :
(X) = an amount equal to the total number of Designated
•
LSE' s for such Report Period that :
(i) were on the approved vendor list of the
Property Owner at any time during such
Report Period, and/or
(ii) were invited by the Property Owner during
such Report Period to bid on contracts
for goods and/or services; and
(Y) = an amount equal to the total number of Designated
LBE' s on the list of Designated LBE' s provided by
the PABE Facilitator to the Property Owner for
such Report Period under Section 7 (e) .
(g) For purposes of this Agreement, the term "Milestone
LBE Percentage" means :
(i) for the Milestone Period applicable to the Tax
Year 2015 , the Report Period LBE Percentage for
the Report Period ending June 30, 2015 ; and
s.ida_gt logistics_2015-2016 Page 21
(ii) for the Milestone Period applicable to any of the
Tax Years 2016, 2017 and 2018 , the sum of the
Report Period LBE Percentages for the Report
Periods included in such Milestone Period divided
by two (2) .
(h) Upon verification and approval by the governing body
of the City that one of the LBE Milestones (as hereinafter
defined) was reached for the Milestone Period applicable to a
Tax Year, the Discounted Rate for such Tax Year shall be reduced
by up to five (5) percentage points (5%) based upon the
following schedule (the "LBE Milestones" ) :
Milestone LBE Percentage Percentage Point
for the Milestone Period Reduction*
applicable to such Tax
Year
10%-20% 2%
21%-35% 3%
36%-49% 4%
50% or greater 5%
* For example, a percentage point reduction of 2% reduces
the Discounted Rate to 78% (i.e. , 80% minus 2% = 78%) .
Notifications
(i) For each Tax Year during the term of this Agreement,
the City will verify the Report or Reports (as applicable)
submitted by the Property Owner for the Report Period or Report
Periods (as applicable) included in the Milestone Period
applicable to such Tax Year. If for any such Tax Year the City
s.ida_gt logistics_2015-2016 Page 22
determines that such Report or Reports fail to substantially
comply with the reporting obligations under Section 6, then the
City shall provide the Property Owner with a written notice of
the facts which the City believes have caused such Report or
Reports to fail to substantially comply with such reporting
obligations, and the Property Owner shall have thirty (30) days
to cure such failure . If the City does not provide any such
written notice with respect to the Report or the Reports for the
Report Period or Report Periods included in a Milestone Period
within ninety (90) days after the last day of such Milestone
Period, then for purposes of this Agreement (including Section
30) , such Report or Reports shall be deemed to be in substantial
compliance with the reporting obligations under Section 6 .
On or before October 1 of each such Tax Year, the City
shall notify the Property Owner whether it met any of the Hiring
Milestones and LBE Milestones . The information compiled by the
City in connection with any such verification shall be made
available to the Property Owner upon request .
Section 8 . Back-up Fire and Police Assistance
If requested orally or in writing by the Property Owner,
the City' s Fire Department may provide back-up Fire Suppression
Support as determined by the City' s Fire Chief, and the City' s
Police Department may assist in providing an evacuation route
and traffic control, in the case of a fire or a chemical release
s.ida_gt logistics_2015-2016 Page 23
at the Property Owner' s facilities located in the Affected Area,
at no cost or expense to the Property Owner. Nevertheless, the
Property Owner agrees to abide by and shall take such
precautions as to prevent (1) fires, explosions and chemical
releases and (2) the imprudent discharge of storm water that
contributes to flooding on adjacent property. The Property
Owner shall have in place an evacuation plan for the Property
Owner' s facilities located in the Affected Area that is
consistent with industry standards and/or is required by
applicable federal and state laws, and the health and safety
laws of the City of which the Companies have been notified by
the City. The Property Owner shall employ or provide sufficient
primary fire suppression response, as well as control and abate
chemical releases . The Property Owner shall provide the City' s
Fire Chief and Police Chief with Emergency Response Plans for
any plants, refineries, chemical operations or other hazardous
operations that take place in the Affected Area. If there is a
fire and the City is requested to provide initial and primary
(as opposed to back-up) fire suppression services or if a
cleanup is required of the City, the Property Owner agrees to
pay to the City the costs and expenses incurred by the City and
any of its departments or of any of its affiliated providers,
i . e . , ambulance companies that are called to the scene .
s.ida_gt logistics_2015-2016 Page 24
The Property Owner shall immediately notify the central
dispatch office which serves the City' s Fire Chief, Police
Chief, and the City' s Emergency Management Coordinator of all
incidents involving fires, serious injuries, deaths, chemical
releases and flooding that create a health and safety hazard to
the community or that exceed permissible exposure limits under
applicable state or federal laws .
Section 9 . Annexation for Health, Safety and Welfare
Reasons
It is specifically stipulated that 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 this 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 City agrees that any annexation of the land in the Affected
Area will not be made for revenue purposes only.
Section 10 . Annexation Due to Legislative Action
Notwithstanding any other provision in this Agreement, the
parties agree and consent that the City may annex the Affected
Area if a bill is enacted by the Texas Legislature which limits
or restricts the authority of the City to annex all or part of
the land and improvements in the Affected Area. In the event of
s.ida_gt logistics_2015-2016 Page 25
annexation under this Section 10 or Section 9, (i) the Property
Owner will not be required to make further payments under this
Agreement for any Tax Year commencing after annexation with
respect to the property so annexed, but shall nevertheless be
obligated to make full payments for the Tax Year during which
such annexation becomes effective if the annexation becomes
effective after January 1st of such Tax Year, and (ii) the
Property Owner 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 Payment with respect to the Affected Area. If for
any reason the City is prevented from annexing the Affected Area
and if the parties cannot reach an agreement on a new payment
schedule or on a new "in lieu of tax" agreement, then unless the
City has extended this Agreement under the circumstances
described in the last sentence of this Section 10, the Property
Owner agrees that it will continue to pay to the City the In
Lieu of Payments delineated in this Agreement until December 31,
2016 (and, if this Agreement is extended under Section 30, until
December 31, 2018) , and will, for each Tax Year thereafter,
continue to annually pay the City an "in lieu of tax" payment
equal to eighty percent (800) of the Taxable Value of the
Property Owner' s real and tangible personal property located in
s.ida_gt logistics_2015-2016 Page 26
the Affected Area as determined by JCAD for such Tax Year
multiplied by the City' s property tax rate for such Tax Year for
so long as the Property Owner or its assignees and successors or
affiliates own such property. Payments will be due on October
15th of each year. In the event the City is prevented from
annexing the Affected Area in the legislative circumstances
described in the first sentence of this Section 10, then
pursuant to Sections 42 . 044 and 212 . 172 Local Government Code,
the Property Owner agrees and consents that the City has the
option, in the City' s sole discretion, to extend this Agreement
and that the Property Owner will continue to annually pay the
City "in lieu of tax" payments at the eighty (80%) rate, as
denoted above, for successive periods, for a total duration not
to exceed 45 years, or the maximum period allowed by law,
whichever is longer.
Section 11. Electrical Usage
The Property Owner will provide the City with information
as to the Property Owner' s electrical consumption at the
Affected Area from Entergy or from any other electric utilities,
transmission and distribution utility, municipally owned
utility, electric cooperative, or from any other source, as well
as all metering locations that service the Affected Area.
The information provided by the Property Owner to the City
regarding such electrical consumption and metering locations
shall be held confidential by the City to the fullest extent
s.ida_gt logistics_2015-2016 Page 27
permitted under applicable law. If the City receives a request
for such information, the City will notify the Property Owner
and the Property Owner will be afforded an opportunity to file a
brief with the Texas Attorney General setting forth the reasons
for exclusion of all or any portion of such information from the
requirement to be released pursuant to the Texas Public
Information Act .
Section 12 . Right to Annexation at the Expiration of this
Agreement
The parties agree that the City has the sole discretion,
after October 1, 2016 (or, if this Agreement is extended under
Section 30 , after October 1, 2018) , to annex the property in the
Affected Area or to enter into negotiations with the Property
Owner regarding an industrial district agreement covering
periods after the expiration of this Agreement .
If for any reason any portion of the Affected Area is
annexed prior to December 31, 2016 (or, if this Agreement is
extended under Section 30, prior to December 31, 2018) , and as
an economic incentive program as allowed under Chapter 380 of
the Texas Local Government Code, the City will promptly remit to
the Property Owner the portion of the property taxes paid to the
City with respect to such annexed property that are in excess of
the In Lieu of Payment that would have been paid to the City
with respect to such annexed property if such annexation had not
s.ida_gt logistics_2015-2016 Page 28
occurred. This partial remission of taxes (Chapter 380 Economic
Incentive Program) will only be applicable until December 31,
2016 (or, if this Agreement is extended under Section 30, until
December 31, 2018) .
Section 13 . Right to Annexation pursuant to Chapter 43 of
the Texas Local Government Code
The present owners and lessees of the land, improvements,
units, equipment, inventory, and all other property located in
the Affected Area and pertaining to the Facility are described
in Exhibit "C" , except for any owner or lessee of such property
the aggregate Taxable Value of which is not reasonably expected
as of the date of this Agreement to exceed $250, 000 . 00 (the
"Excluded Persons" ) . The City reserves the right to annex any
tract or parcel with the minimum required adjacent area, as per
Chapter 43 of the Texas Local Government Code, if any of such
owners or lessees other than the Excluded Persons do not pay an
In Lieu of Payment for its interest in such land, improvements,
units, equipment, inventory, and all other property located in
the Affected Area and pertaining to the Facility. Nothing
contained herein shall be construed to prohibit or prevent the
Property Owner from paying the other owners' or lessees' In Lieu
of Payment required by this Agreement to prevent annexation by
the City. If the City annexes a tract or tracts, such annexed
tract or tracts shall be deleted from the description of the
s.ida_gt logistics_2015-2016 Page 29
Affected Area set forth on Exhibit "A" for all purposes of this
Agreement, and the total In Lieu of Payment will be reduced
accordingly to accurately reflect such annexation.
Section 14 . Assignment
If the Property Owner desires to assign all or a portion of
this Agreement to any person, the Property Owner shall provide
written notice of such assignment to the City and shall receive
the written consent of the City Council, by a duly adopted
Resolution, which will not be unreasonably withheld, delayed or
conditioned. The Property Owner shall provide a description of
the assignee and such other information as is reasonably
requested by the City to indicate that the assignee will operate
the Facility as a reasonably prudent operator, act as a good
corporate citizen, and will fully abide by the terms of this
Agreement . If the assignment is approved by the City Council,
the Property Owner shall be relieved of its obligations under
this Agreement to the extent that an assignee expressly assumes
the Property Owner' s obligations hereunder. Subject to the
preceding, this Agreement shall inure to the benefit of and be
binding upon the parties hereto and its respective successors
and assigns .
s.ida_gt logistics_2015-2016 Page 30
Section 15 . Other Relief Granted
It is agreed by the parties to this Agreement that the
Property Owner and the City have the right to seek equitable
relief, including specific performance of this Agreement .
Section 16 . Inspections
The Property Owner shall allow a reasonable number of
authorized employees and/or representatives of the City who have
been designated and approved by the governing body of the City
to have access to the Affected Area during the term of this
Agreement to inspect the property and any improvements thereon
to determine compliance with the terms and conditions of this
Agreement . All such inspections will be made at mutually
agreeable times and will only be conducted in such manner as
complies with the Property Owner' s safety and security standards
and rules . All such inspections will be made with one or more
representatives of the Property Owner. The Property Owner may
require any person conducting such an inspection to execute a
confidentiality agreement before entering the Affected Area.
The information provided by the Property Owner to the City
or otherwise obtained by the City in connection with any such
inspection shall be held confidential by the City to the fullest
extent permitted under applicable law. If the City receives a
request for such information, the City will notify the Property
Owner and the Property Owner will be afforded an opportunity to
s.ida_gt logistics_2015-2016 Page 31
file a brief with the Texas Attorney General setting forth the
reasons for exclusion of all or any portion of such information
from the requirement to be released pursuant to the Texas Public
Information Act .
Section 17 . Port Arthur Industrial Group
The Property Owner agrees that it will participate in the
. Port Arthur Industrial Group during the term of this Agreement
and for so long as the Port Arthur Industrial Group is a viable
organization in order to assist in the establishment of
apprenticeship, internship, mentoring and/or educational
programs and projects for the training of Port Arthur residents
for permanent jobs in the Port Arthur area. The Property Owner
further agrees to request and encourage its Nested Contractors
to establish and fund their own apprenticeship, internship,
mentorship and/or education programs and projects for the
training of Port Arthur residents for permanent jobs in the Port
Arthur area.
Section 18 . Inspection of Records
The City reserves the right to review the Property Owner' s
records to ascertain the accuracy of reports filed by the
Property Owner in accordance with this Agreement .
s.ida_gt logistics_2015-2016 Page 32
Section 19 . Undocumented Workers
The Property Owner certifies that it has not, and will not,
knowingly employ an "undocumented worker, " which means an
individual who, at the time of employment, is not (i) lawfully
admitted for permanent residence to the United States, (ii) a
temporary resident lawfully permitted to be employed in the
United States or (iii) or authorized under law to be employed in
that manner in the United States . The Property Owner
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 the Property Owner of a violation. The Property Owner
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 . 101, Texas
Government Code . The Property Owner will also promptly report
to the City any "undocumented worker" that is improperly
retained by its contractors or subcontractors at the Facility.
Section 20 . Property Tax Information, Credits and Refunds
With respect to the land, improvements, units, equipment
and all other property located in the Affected Area for each of
s.ida_gt logistics_2015-2016 Page 33
the Tax Years 2015 through 2016 (and, if this Agreement is
extended under Section 30 , for each of the Tax Years 2017 and
2018) , the Property Owner will, to the extent such property has
not been annexed by the City, provide to the Director of Finance
• of the City, at the address specified in Section 28 , no later
than September 15th of such Tax Year, a copy of the non-
privileged/non-confidential rendition which the Property Owner
filed with the Jefferson County Appraisal District . The Property
Owner shall also provide the following to the Director of
Finance of the City at such address with respect to such Tax
Years :
• each notice of appraised value received by the
Property Owner from the Jefferson County
Appraisal District with respect to such property;
• any notice of protest filed by the Property Owner
with the Jefferson County Appraisal Review Board
( "ARB" ) with respect to such property within
thirty (30) days after such filing;
• any informal settlement or final ARB order
determining protest with respect to such
property;
• any pleadings filed by the Property Owner as a
petition for review of an order determining
protest of the ARB with respect to such property;
and
• any settlement, final judgment or other final
disposition on appeal or otherwise of any such
lawsuit .
s.ida_gt logistics_2015-2016 Page 34
Pending final determination of any tax protest filed by the
Property Owner with the ARB, or appeal thereof, with respect to
any Tax Year during the term of this Agreement, the Property
Owner shall pay to the City, on or before October 15th of such
Tax Year, an amount equal to the In Lieu of Payment paid to the
City for the immediately preceding Tax Year. Upon the final
determination of such protest or appeal thereof, the Property
Owner' s In Lieu of Payment liability hereunder for such Tax Year
shall be calculated based on the Taxable Value for such Tax Year
that reflects such final determination. If the In Lieu of
Payment so calculated for such Tax Year exceeds the In Lieu of
Payment previously paid by the Property Owner for such Tax Year,
then the City shall submit to the Property Owner a statement
setting forth the calculation of such excess, and the Property
Owner shall pay the amount of such excess, without interest or
penalty, to the City within thirty (30) days after the Property
Owner' s receipt of such statement . If the In Lieu of Payment so
calculated for such Tax Year is less than the In Lieu of Payment
previously paid by the Property Owner for such Tax Year, then
the City shall credit dollar-for-dollar toward future In Lieu of
Payments the difference between the amount actually paid
hereunder and the amount for which the Property Owner is
determined to be liable, without interest, it being understood
s.ida_gt logistics_2015-2016 Page 35
and agreed that to the extent there are insufficient future In
Lieu of Payments under this Agreement against which to credit
such difference, the remaining balance of such difference shall
be carried forward and credited dollar-for-dollar against any in
lieu of tax payments and other amounts due to the City under any
industrial district agreement between the Property Owner and the
City covering a period or periods after the expiration of this
Agreement until utilized in full .
Section 21. Notice of Default
Notwithstanding anything to the contrary contained in this
Agreement, in the event of any breach by the Property Owner of
any of the terms or conditions of this Agreement, the City shall
give the Property Owner 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, the Property Owner will be afforded a
reasonable time (but in no event less than 60 days) within which
to cure the alleged default . Nevertheless, time is of the
essence on the payment schedule for the In Lieu of Payments on
October 15th of each year. If the Property Owner does not pay
the In Lieu of Payment on October 15th of each year, the City can
immediately commence annexation proceedings and sue for all
damages provided for herein. In the case of litigation for
s.ida_gt logistics_2015-2016 Page 36
breach of this Agreement and to encourage timely payments, the
City can seek 100% of all monies that the City would have
received from the Property Owner if it been within the corporate
limits, which include 100% of all taxes, building permit fees,
sales or use taxes, and all franchise fees on cable and
electrical usage, interest and penalty thereon, attorney' s fees,
and court costs .
Section 22 . Entire Agreement
This Agreement constitutes the entire agreement of the
parties with respect to the subject matter hereof and supersedes
any and all prior understandings or oral or written agreements
between the parties respecting such subject matter, except as
otherwise provided in the instruments referenced herein. This
Agreement may be amended only by written instrument signed by
all of the parties hereto.
Section 23 . Severability
If any term or provision in this Agreement, or the
application thereof to any person 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 thereof, which can be given effect without the
invalid or unenforceable provision or application, and the
s.ida_gt logistics_2015-2016 Page 37
parties agree that the provisions of this Agreement are and
shall be severable; provided however, that for the avoidance of
doubt, payment of the In Lieu of Payments, the provisions of
Section 1 (a) of this Agreement, and the confidentiality
provisions of this Agreement are essential parts of this
Agreement .
Section 24 . Remedies Cumulative
Except as otherwise 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 shall 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 . Counterparts
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 .
s.ida_gt logistics_2015-2016 Page 38
Section 27 . Authority
By acceptance of this Agreement and/or benefits conferred
hereunder, the Property Owner represents and warrants that its
undersigned agent has complete and unrestricted authority to
enter into this Agreement and to obligate and bind the Property
Owner to all of the terms, covenants and conditions contained
herein.
Section 28 . Notice
Any notice provided in connection with this Agreement shall
be given in writing to the parties hereto by certified mail,
return receipt requested, addressed as follows :
TO CITY: TO PROPERTY OWNER:
City Manager Bart Owens
CITY OF PORT ARTHUR Vice-President/General Manager
444 4th St . GT LOGISTICS LLC
Port Arthur, TX 77640 1998 Hwy 73 West
Port Arthur, TX 77640
Steve Birdwell
GOLDEN TRIANGLE PROPERTIES
President
10 Oaklawn Drive
Houston, Texas 77024
WITH A COPY TO: WITH A COPY TO:
City Attorney Hubert Oxford III
CITY OF PORT ARTHUR BENCKENSTEIN & OXFORD, LLP
444 4th St . 3535 Calder, Ste 300
Port Arthur, TX 77640 Beaumont, TX 77706
(409) 983-8126
(409) 983-8124
s.ida_gt logistics_2015-2016 Page 39
Section 29 . Cancellation
If the Property Owner permanently ceases operation of the
Facility during the term of this Agreement, then the Property
. Owner shall have the right, at is sole option, to cancel this
Agreement with ninety (90) days written notice in which case the
Property Owner shall be relieved of all its obligations under
this Agreement, except as to payment of the In Lieu of Payment
for the year of such cancellation.
Section 30 . Term
This Agreement is effective the 1st day of January, 2015,
and shall expire on the 31st day of December, 2016 ; provided,
however, that this Agreement may be extended until December 31,
2018 (thereby extending this Agreement to cover the Tax Years
2017 and 2018) at the City' s option if the City determines there
has been improvement in the hiring of Port Arthur residents, and
the contracting opportunities afforded Port Arthur businesses,
by the Property Owner and its Nested Contractors . The City' s
option shall be exercised by the City giving written notice of
such exercise and extension to the Property Owner before
December 31, 2016 .
In addition to the foregoing, this Agreement may be
extended by the City as delineated in Section 10 .
s.ida_gt logistics_2015-2016 Page 40
Section 31. Favored Nations
If after the date this Agreement is signed by the Property
Owner and while this Agreement is in effect, the City enters
into a new agreement with any other person with respect to an
existing facility on land in an industrial district, and such
new agreement contains terms and provisions more favorable to
such person than those in this Agreement, then the Property
Owner shall have the right to amend this Agreement, and the City
agrees to amend this Agreement, to embrace such more favorable
terms of such agreement . This provision does not apply to
agreements related to expansions or new projects or to any
automatic renewal or extension of an existing agreement on
substantially the same terms and conditions .
[SIGNATURE PAGES FOLLOW]
s.ida_gt logistics_2015-2016 Page 41
SIGNED AND AGREED to on the day of
2014 .
Property Owner
BY:
Steve Birdwell
Golden Triangle Properties
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared Steve Birdwell, 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 Golden Triangle Properties 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. , 2014 .
NOTARY PUBLIC, STATE OF TEXAS
s.ida_gt logistics_2015-2016 Page 42
SIGNED AND AGREED to on the day of
2014 .
Property Owner
BY:
Bart Owens
GT Logistics LLC
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared Bart Owens, 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 GT Logistics 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. , 2014 .
NOTARY PUBLIC, STATE OF TEXAS
s.ida_gt logistics_2015-2016 Page 43
SIGNED AND AGREED to on the day of
2014 .
CITY OF PORT ARTHUR, TEXAS
BY:
John A. Comeaux, P. E. ,
Interim City Manager
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared John A. Comeaux, P.E. , Interim 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. , 2014 .
NOTARY PUBLIC, STATE OF TEXAS
RETURN TO:
VAL TIZENO, CITY ATTORNEY
CITY OF PORT ARTHUR
P. O. BOX 1089
PORT ARTHUR, TX 77641-1089
s.ida_gt logistics_2015-2016 Page 44
Exhibit "A"
Legal Description and Map Depiction of the Affected Area
(Attached as the next pages of this Exhibit "A" )
s.idat logistics_2015-2016 Page 45
April 30, 2008
METES AND BOUNDS DESCRIPTION OF
A 1,116.39 ACRE TRACT OF LAND IN THE
T & NO RAILROAD SURVEY, SECTION 276, ABSTRACT 414,
THE T& NO RAILROAD SURVEY, SECTION 275,ABSTRACT 316,
THE BBB & C RAILROAD CO. SURVEY, SECTION 390, ABSTRACT 93,
THE W. KYLE SURVEY, ABSTRACT 414, THE WILLIAM H. VORIS SURVEY,
ABSTRACT 382, AND THE R. A. GREER SURVEY, ABSTRACT 666
PORT ARTHUR, JEFFERSON COUNTY, TEXAS
A 1,116.39 acre (48,630,066 square feet) tract of land In the T & NO Railroad Survey,
Section 276, Abstract 414, the T & NO Railroad Survey, Section 275, Abstract 316, the
BBB & C Railroad Co. Survey, Section 390, Abstract 93, the W. Kyle Survey, Abstract
414, the William H. Voris Survey, Abstract 382, and the R. A. Greer Survey, Abstract
666, Port Arthur, Jefferson County, Texas, and being comprised of a called 1101.94
acre tract of land (called Parcel 1) conveyed to'Equistar Chemicals, LP and described in
a deed to National Distillers and Chemical Corporation, as recorded under Jefferson
County Clerk's File Number 8403467, a called 2.02 acre tract of land (called Parcel N)
described in a deed to National Distillers and Chemical Corporation, as recorded under
Jefferson County Clerk's File Number 8403467, and a called 9.49 acre tract of land
described in a deed to National Distillers and Chemical Corporation, as recorded under
Jefferson County Clerk's File Number 8414481, said 1,116.39 acre tract being more
particularly described as follows (bearings based on the Texas State Plane Coordinate
System, South Central Zone, derived by GPS observations from TXBM, TXCN, and
TXGA (TXDOT COR Stations)):
COMMENCING at a 3/8-inch iron rod found at the northwest corner of a called 1.345
acre tract of land described in a deed from Equistar Chemicals, LP to Lakeside Palomar
Community Development, Inc., as recorded under Jefferson County Clerk's File Number
2001004526, the intersection of the southerly right-of-way line of State Highway 73
(width varies), and the easterly right-of-way line of Lakeside Plaza:
THENCE, South 85 degrees 12 minutes 34 seconds East, along the southerly right-of-
way line of said State Highway 73, a distance of 139.60 feet, to a 3/8-inch iron rod found
at the northeast corner of said called 1.345 acre tract, the most northerly corner of said
called 1101.94 acre tract, and the most northerly corner and POINT OF BEGINNING of
the herein described tract of land;
THENCE, South 75 degrees 27 minutes 26 seconds East, along the southerly right-of-
way line of said State Highway 73, a distance',of 636.46 feet, to a 5/8-inch iron rod with
"CLR" cap set at a northeasterly corner of the herein described tract, the intersection of
the southerly right-of-way line of said State Highway 73 and the westerly right-of-way
line of F.M. 823 (100 feet wide);
F:lsurvey107043001DOCSIM&1116.doc 1116 Ac Page 1 of 10
THENCE, South 34 degrees 49 minutes 10 seconds East, along the westerly right-of-
way line of said F.M. 823, a distance of 846.39 feet, to a 5/8-inch iron rod with "CLR„
cap set at a point of curvature;
THENCE, Southeasterly, along said curve to the left, through a central angle of 10
degrees 25 minutes 43 seconds, to a 5/8-inch iron rod with "CLR" cap set at a point of
tangency, said curve having a radius of 1,687.07 feet, an arc length of 307.07 feet, and
a chord which bears South 40 degrees 02 minutes 02 seconds East, a distance of
306.65 feet;
THENCE, South 45 degrees 06 minutes 25 seconds East, a distance of 59.59 feet, to a
5/8-inch iron rod with "CLR" cap set at an interior corner of the herein described tract;
THENCE, North 47 degrees 31 minutes 22 seconds East, a distance of 100.11 feet, to a
1-inch iron pipe found at an interior corner of the herein described tract, and lying in the
easterly right-of-way line of said F.M. 823;
THENCE, North 45 degrees 06 minutes 25 seconds West, along the easterly right-of-
way line of said F.M. 823, a distance of 64.31 feet, to a 5/8-inch iron rod with "CLR" cap
set at a point of curvature;
THENCE, Northwesterly, along a curve to the right, through a central angle of 10
degrees 25 minutes 59 seconds, to a 5/8-inch iron rod with "CLR" cap set at a point of
tangency, said curve having a radius of 1,587.07 feet, an arc length of 288.99 feet, and
a chord which bears North 40 degrees 02 minutes 10 seconds West, a distance of
288.59 feet;
THENCE, North 34 degrees 49 minutes 10 seconds West, a distance of 742.18 feet, to
a 1-inch iron pipe found at a northwesterly corner of the herein described tract;
THENCE, North 29 degrees 49 minutes 53 seconds East, a distance of 61.31 feet, to a
1-inch iron pipe found at a northwesterly corner of the herein described tract, and lying
in the southerly right-of-way line of said State Highway 73;
THENCE, South 85 degrees 05 minutes 29 seconds East, along the southerly right-of-
way line of said State Highway 73, a distance of 75.01 feet, to a 5/8-inch iron rod with
"CLR" cap set at a northeasterly corner of the herein described tract;
THENCE, South 30 degrees 56 minutes 15 seconds East, a distance of 1,073.07 feet,
to a 1-inch iron pipe found at an interior corner of the herein described tract;
THENCE, North 43 degrees 45 minutes 45 seconds East, a distance of 123.97 feet, to a
5/8-inch iron rod with "CLR" cap set at a northeasterly corner of the herein described
tract;
F:\survey\07043001DOCS\M13-1116.doc 1116 Ac Page 2 of 10
f
THENCE. South 30 degrees 54 minutes 24 seconds East, a distance of 4,363.53 feet,
to a 5/8-inch iron rod with "CLR" cap set at an angle point in the easterly line of the
herein described tract;
THENCE, South 32 degrees 16 minutes 49 seconds East, a distance of 400.39 feet, to
a broken concrete monument found at the most northerly corner of the aforementioned
called 9.49 acre tract;
THENCE, Southeasterly along a non-tangent curve to the left through a central angle.of
01 degrees 34 minutes 14 seconds, to a 5-inch concrete monument found at the most
easterly corner of said called 9.49 acre tract,said curve having a radius of 5,779.65
feet, an arc length of 158.43 faat, and a chord which bears South 34 degrees 37
minutes 50 seconds East, a distance of 158.40 feet;
l[HEN|CE. South 36 degrees 37 minutes 44 seconds West, a distance of 2,716.64 feet,
to a 1-inch iron pipe found at the most southerly corner of said called 9.49 acre tract and
an interior corner of the herein described tract;
THENCE, South 64 degrees 42 minutes 06 seconds East, a distance of 1,434.17 feet,
to a 5-inch concrete monument found at an easterly corner of the herein described tract,
and lying in the in an easterly line of the herein described tract;
THENCE, South 14 degrees 26 minutes 02 seconds E8st, a distance of 389.11 feet, to
a point in the northerly bank of Taylor Bayou, at the southeasterly corner of the herein
described tract;
.
THENCE, North 89 degrees 54 minutes 00 seconds West, along the northerly bank of
Taylor Bayou, a distance of 88.44 feet, to a point for corner;
7[HENCE, North 76 degrees 03 minutes 49 seconds West, along the northerly bank of
Taylor Bayou, a distance of 88.58 feet, to a point for corner;
THENCE, North 84 degrees 22 minutes 39 seconds West, along the northerly bank of
Taylor Bayou, a distance of 59.83 fant, to a point for corner;
7[HENCE. South 88 degrees 58 minutes 36 seconds West, along the northerly bank of
Taylor Bayou, a distance of 59.73 feet, to a point for corner;
l[HENCE. South 86 degrees 45 minutes 53 seconds West, along the northerly bank of
Taylor Bayou, a distance of 38.1 3 feet, to a point for corner;
THENCE, North 13 degrees 41 minutes 30 seconds East, a distance of 11.39 feet, to a
point for corner;
FAnunmy\070*300\oocS\Me'111e.uv: 1116 Ac Page 3 of 10
THENCE, North 01 degrees 38 minutes 12 seconds East, a distance of 23.09 feet, to a
point for corner;
THENCE, North 07 degrees 36 minutes 37 seconds West, a distance of 14.64 feet, to a
point for corner;
THENCE, North 57 degrees 12 minutes 26 seconds West, a distance of 30.60 feet,to a
point for corner;
THENCE, South 65 degrees 32 minutes 21 seconds West, a distance of 29.18 feet,to a
point for corner;
THENCE, South 22 degrees 23 minutes 51 seconds West, a distance of 48.68 feet,to a
point for corner;
THENCE, North 88 degrees 16 minutes 09 seconds West, along the northerly bank of
Taylor Bayou, a distance of 286.98 feet, to a point for corner;
THENCE, North 89 degrees 45 minutes 37 seconds West, along the northerly bank of
Taylor Bayou, a distance of 182.99 feet, to a point for corner;
THENCE, South 68 degrees 20 minutes 56 seconds West, along the northerly bank of
Taylor Bayou, a distance of 223.09 feet, to a point for corner;
THENCE, North 15 degrees 55 minutes 19 seconds West, a distance of 32.56 feet, to a
point for corner;
THENCE, South 79 degrees 59 minutes 40 seconds West, a distance of 43.90 feet,to a
point for corner;
THENCE, South 19 degrees 20 minutes 41 seconds West, a distance of 64.42 feet,to a
point for corner;
THENCE, South 62 degrees 40 minutes 57 seconds West, along the northerly bank of
Taylor Bayou, a distance of 337.26 feet, to a point for corner,
THENCE, South 85 degrees 56 minutes 10 seconds West, a distance of 1,098.26 feet,
to a point for corner;
THENCE, North 36 degrees 37 minutes 44 seconds East, a distance of 49.73 feet, to a
point for corner;
THENCE, South 85 degrees 24 minutes 44 seconds West, a distance of 545.00 feet, to
a point for corner,
F:\survey\07043001DOCS\MB-1116.doc 1116 Ac Page 4 of 10
THENCE, North 06 degrees 30 minutes 08 seconds West, a distance of 53.66 feet, to a
point for corner;
THENCE, North 76 degrees 15 minutes 31 seconds West, a distance of 48.62 feet, to a
point for corner;
THENCE, North 22 degrees 38 minutes 15 seconds West, a distance of 140.59 feet,
along the northeasterly bank of Taylor Bayou, to a point for corner;
THENCE, North 33 degrees 05 minutes 13 seconds West, along the northeasterly bank
of Taylor Bayou, a distance of 96.41 feet,to a point for comer,
THENCE, North 60 degrees 35 minutes 09 seconds West, along the northerly bank of
Taylor Bayou, a distance of 281.92 feet, to a point for corner;
THENCE, North 78 degrees 00 minutes 48 seconds West, along the northerly bank of
Taylor Bayou, a distance of 123.30 feet, to a point for corner;
THENCE, South 82 degrees 22 minutes 05 seconds West, along the northerly bank of
Taylor Bayou, a distance of 112.91 feet, to a point for corner;
THENCE, South 54 degrees 28 minutes 06 seconds West, along the northerly bank of
Taylor Bayou, a distance of 157.98 feet, to a point for corner;
THENCE, South 76 degrees 30 minutes 13 seconds West, along the northerly bank of
Taylor Bayou, a distance of 76.71 feet, to a point for corner;
THENCE, South 46 degrees 35 minutes 51 seconds West, along the northerly bank of
Taylor Bayou, a distance of 402.96 feet, to a point for corner;
THENCE, South 38 degrees 51 minutes 09 seconds West, along the northerly bank of
Taylor Bayou, a distance of 65.50 feet, to a point for corner,
THENCE, South 16 degrees 59 minutes 01 seconds West, along the northerly bank of
Taylor Bayou, a distance of 80.03 feet, to a point for corner;
THENCE, South 16 degrees 35 minutes 00 seconds West, along the northerly bank of
Taylor Bayou, a distance of 132.26 feet, to a point for corner,
THENCE, South 27 degrees 14 minutes 01 seconds West, along the northerly bank of
Taylor Bayou, a distance of 468.77 feet, to a point for corner;
THENCE, South 40 degrees 46 minutes 37 seconds West, along the northerly bank of
Taylor Bayou, a distance of 350.04 feet, to a point for corner;
F:\survey10704300\DOCS\M8-1116.doc 1116 Ac Page 5 of 10
THENCE, South 46 degrees 28 minutes 54 seconds West, along the northerly bank of
Taylor Bayou, a distance of 237.05 feet, to a point for corner;
THENCE, South 62 degrees 42 minutes 00 seconds West, along the northerly bank of
Taylor Bayou, a distance of 196.52 feet,to a point for corner;
THENCE, South 79 degrees 33 minutes 00 seconds West, along the northerly bank of
Taylor Bayou, a distance of 105.88 feet,to a point for corner;
THENCE, North 08 degrees 41 minutes 43 seconds West, along the northerly bank of
Taylor Bayou, a distance of 59.02 feet, to a point for corner;
THENCE, North 89 degrees 24 minutes 01 seconds West, along the northerly bank of
Taylor Bayou, a distance of 123.82 feet, to a point for corner;
THENCE, South 04 degrees 20 minutes 03 seconds East, along the northerly bank of
Taylor Bayou, a distance of 33.27 feet, to a point for corner;
THENCE, North 87 degrees 33 minutes 19 seconds West, along the northerly bank of
Taylor Bayou, a distance of 107.49 feet, to a point for corner;
THENCE, North 81 degrees 22 minutes 14 seconds West, along the northerly bank of
Taylor Bayou, a distance of 167.37 feet, to a point for corner;
THENCE, North 58 degrees 34 minutes 35 seconds West, along the northeasterly bank
of Taylor Bayou, a distance of 233.42 feet, to a point for corner;
THENCE, North 52 degrees 36 minutes 32 seconds West, along the northeasterly bank
of Taylor Bayou, a distance of 416.40 feet, to a point for corner;
THENCE, North 45 degrees 04 minutes 29 seconds West, along the northeasterly bank
of Taylor Bayou, a distance of 334.26 feet, to a point for corner;
THENCE, North 41 degrees 12 minutes 18 seconds West, along the northeasterly bank
of Taylor Bayou, a distance of 279.62 feet, to a point for corner;
THENCE, North 38 degrees 01 minutes 24 seconds West, along the easterly bank of
Taylor Bayou, a distance of 338.36 feet,to a point for corner;
THENCE, North 29 degrees 27 minutes 09 seconds West, along the easterly bank of
Taylor Bayou, a distance of 425.91 feet, to a point for corner;
THENCE, North 15 degrees 26 minutes 41 seconds West, along the easterly bank of
Taylor Bayou, a distance of 338.77 feet, to a point for corner;
F:lsurvey107043001DOCSIMB-1116.doc . 1116 Ac Page 6 of 10
THENCE, North 11 degrees 04 minutes 11 seconds West, along the easterly bank of
Taylor Bayou, a distance of 341.81 feet,to a point for corner;
THENCE, North 05 degrees 50 minutes 15 seconds West, along the easterly bank of
Taylor Bayou, a distance of 471.18 feet,to a point for corner;
THENCE, North 12 degrees 00 minutes 33 seconds West, along the easterly bank of
Taylor Bayou, a distance of 249.38 feet, to a point for corner;
THENCE, North 19 degrees 47 minutes 46 seconds West, along the easterly bank of
Taylor Bayou, a distance of 118.89 feet, to a point for corner;
THENCE, North 19 degrees 25 minutes 05 seconds West, along the easterly bank of
Taylor Bayou, a distance of 172.13 feet,to a point for corner;
THENCE, North 35 degrees 29 minutes 15 seconds West, along the easterly bank of
Taylor Bayou, a distance of 314.01 feet, to a point for corner;
THENCE, North 38 degrees 03 minutes 21 seconds West, along the easterly bank of
Taylor Bayou, a distance of 348.90 feet, to a point for corner;
THENCE, North 12 degrees 31 minutes 53 seconds West, along the easterly bank of
Taylor Bayou, a distance of 120.92 feet, to a point for corner;
THENCE, North 00 degrees 45 minutes 58 seconds East, along the easterly bank of
Taylor Bayou, a distance of 157.80 feet, to a point for corner;
THENCE, North 14 degrees 11 minutes 10 seconds East, along the easterly bank of
Taylor Bayou, a distance of 281.70 feet,to a point for corner;
THENCE, North 28 degrees 59 minutes 24 seconds East, along the easterly bank of
Taylor Bayou, a distance of 582.04 feet, to a point for corner;
THENCE, North 43 degrees 40 minutes 13 seconds East, along the easterly bank of
Taylor Bayou, a distance of 389.34 feet, to a point for corner;
THENCE, North 25 degrees 34 minutes 14 seconds East, along the easterly bank of
Taylor Bayou, a distance of 336.16 feet, to a point for corner;
THENCE, North 08 degrees 04 minutes 22 seconds East, along the easterly bank of
Taylor Bayou, a distance of 220.47 feet, to a point for corner;
THENCE, North 14 degrees 38 minutes 23 seconds West, along the easterly bank of
Taylor Bayou, a distance of 273.06 feet, to a point for corner;
F:\su vey10704300\DOCS\MB-1116.doc 1116 Ac Page 7 of 10
1 '
THENCE, North 27 degrees 28 minutes 48 seconds West, along the easterly bank of
Taylor Bayou, a distance of 465.55 feet, to a point for comer;
THENCE, North 28 degrees 46 minutes 03 seconds West, along the easterly bank of
Taylor Bayou, a distance of 417.94 feet, to a point for corner;
THENCE, North 04 degrees 24 minutes 55 seconds West, along the easterly bank of
Taylor Bayou, a distance of 125.95 feet, to a point for corner;
THENCE, North 52 degrees 02 minutes 00 seconds West, along the easterly bank of
Taylor Bayou, a distance of 67.85 feet, to a point at the northwest corner of the herein
described tract, and lying in the southerly bank of Tiger Bayou;
THENCE, leaving the easterly bank of Taylor Bayou, and along the southerly bank of
Tiger Bayou, as follows;
THENCE, North 54 degrees 32 minutes 23 seconds East, a distance of 251.63 feet,to a
5/8-inch iron rod with"CLR" cap set at a northerly corner of the herein described tract;
THENCE, North 51 degrees 22 minutes 50 seconds East, a distance of 242.28 feet,to a
5/8-inch iron rod found at a northerly corner of the herein described tract;
THENCE, North 24 degrees 29 minutes 19 seconds East, a distance of 395.65 feet,to a
5/8-inch iron rod with "CLR" cap set at a northerly comer of the herein described tract;
THENCE, North 52 degrees 35 minutes 33 seconds East, a distance of 603.19 feet,to a
5/8-inch iron rod found at a northerly corner of the herein described tract;
THENCE, North 68 degrees 18 minutes 18 seconds East, a distance of 273.23 feet,to a
5/8-inch iron rod with "CLR" cap set at a northerly corner of the herein described tract;
THENCE, North 78 degrees 40 minutes 42 seconds East, a distance of 196.73 feet,to a
5/8-inch iron rod found at a northerly corner of the herein described tract;
THENCE, South 80 degrees 02 minutes 00 seconds East, a distance of 151.51 feet, to
a 5/8-inch iron rod found at a northerly corner of the herein described tract;
THENCE, North 82 degrees 58 minutes 03 seconds East, a distance of 584.69 feet,to a
5/8-inch iron rod found at a northerly corner of the herein described tract;
THENCE, North 77 degrees 22 minutes 04 seconds East, a distance of 236.38 feet,to a
5/8-inch iron rod with "CLR" cap set at a northerly corner of the herein described tract;
F:lsurvey107043001DOCS\MB-1116.doc 1116!Ac Page 8 of 10
THENCE, North 83 degrees 54 minutes 58 seconds East, a distance of 928.06 feet,to a
5/3-inch iron rod with "CLR" cap set at a northerly re-entrant corner of the herein
described tract;
THENCE, leaving the southerly bank of Tiger Bayou, North 08 degrees 36 minutes 40
seconds West, a distance of 933.50 feet, to a 3/8-inch iron rod in concrete found at a
northwesterly corner of the herein described tract;
THENCE, North 87 degrees 08 minutes 10 seconds East, a distance of 114.31 feet,to a
1/2-inch iron rod found at a northerly re-entrant corner of the herein described tract;
THENCE, North 09 degrees 21 minutes 06 seconds West, a distance of 227.73 feet, to
a 1/2-inch iron rod found at a northwesterly corner of the herein described tract;
THENCE, South 85 degrees 30 minutes 28 seconds East, a distance of 124.46 feet, to
a 1/2-inch iron rod found at a northerly re-entrant corner of the herein described tract;
THENCE, along a non-tangent curve to the left, dbrouQh a central angle of 12 degrees
16 minutes 36 seconds, to a 1/2-inch iron rod found at a northwesterly corner of the
herein described tract, lying in the westerly right-of-way line of Lakeside Plaza Dhve,
said curve having a radius of 258.42 feet, an arc length of 55.37 f8e1, and a chord which
bears North 01 degrees 06 minutes 08 seconds West, a distance of 55.27 feet,;
THENCE, South 85 degrees 09 minutes 10 seconds East, a distance of 59.76 feet, to a
5/8-inch iron rod with ^CLR" cap set at a northerly re-entrant corner of the herein
described tract, and lying the easterly right-of-way line of said Lakeside Plaza Drive;
THENCE, with the easterly right-of-way line of said Lakeside Plaza Drive, North 04
degrees 48 minutes 08 seconds East, a distance of 114.86 feet, to a 1/2-inch iron rod
found at the southwest corner of the aforementioned called 1.345 acre tnuct, and a
northwesterly corner of the herein described tract;
T8ENCE. South 85 degrees 13 minutes 23 seconds East, a distance of 139.54 feet, to
a 1/2-inch iron rod found at the southeast corner of said called 1.345 acre tract, and a
northerly re-entrant corner of the herein described tract;
1110.doc 1116 Ac Page 9 of 10
}
THENCE, North 04 degrees 48 minutes 39 seconds East, a distance of 420.04 feet, to
the POINT OF BEGINNING and containing a computed area of 1,116.39 acres
(48,630,066 square feet) of land.
$ 4: \, o4i('V
' PAUL Raita
t'0.
.•.4646 t .r
\Pp stOY Paul R. Smith, RPLS
• SURVti� Registered Professional Land Surveyor
Texas Registration Number 4646
A separate survey map was prepared in conjunction with this description.
Revised February 2, 2010
F.\survey\07043001DOCSIMB-1116.doc 1116 Ac Page 10 of 10
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Exhibit "B"
Form of Industrial District Agreement Report
Industrial District Agreement Report
Property Owner's Name
Date of this Report
Report Period (semi-annual
period covered by this Report) From / /201_To / /201_
a st* w^s & '� ` z 4' y�! �+Y` at r�yn .n
*�;ic.+Yaa='*�"`�+'c a ' d4 .P: g talk �
Property Nested
Owner Contractors
(A) Total number of employees employed on the last day of the Report Period
who were Port Arthur residents on the last day of the Report Period
(B) Total number of all employees employed on the last day of the Report
Period
(C) Total number of new hires employed during the Report Period who were
Port Arthur residents on their first day of employment
(D) Total number of all new hires employed during the Report Period
(E) Total number of applicants completing the interview process during the
Report Period
(A) Total number of Designated LBE's that:
• were on the approved vendor list of the Property Owner at any time
during the Report Period, and/or
• were invited by the Property Owner during the Report Period to bid
on contracts for goods and/or services
(B) Total number and dollar amount of contracts awarded by the Property
Owner during the Report Period for goods and/or services that the
Property Owner determines could have potentially been obtained from
Designated LBE's:
Total Number of Contracts:
Total Dollar Amount of Contacts: $
(C) Total number and dollar amount of contracts described immediately
(above in II (B)that were awarded to Designated LBE's during the
Reporting Period:
Total Number of Contracts:
Total Dollar Amount of Contacts: $
This Report contains confidential or privileged information. Unauthorized use of this communication is strictly prohibited.
This Report is to be submitted to the Office of the City Manager and copied to the City Attorney during the months of January
and July for the immediately preceding 6 months. The due date(January 3ft or July 31St)for submitting a Report may be
extended for thirty(30)days upon the written request of the Property Owner.
s.ida_gt logistics_2015-2016 Page 46
Exhibit "C"
List of Present Owners and Lessees of Property Located in the
Affected Area and Pertaining to the Facility, Except for
Excluded Persons
s.ida_gt logistics_2015-2016 Page 47