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MEMORANDUM
To: Mayor, City Secretary, and City Manager
From: Mark T. Sokolow, City Attorney ~ ~
Date: July 13, 2007
Subject: P. R. No. 14233; Council Meeting July 13, 2007
Attached is P. R. No. 14233 approving Amendment No. 1 to the
Industrial District Agreement with Golden Pass LNG Terminal LLC.
MTS:ts
Attachment
z. pr 14233_memo
RESOLUTION NO.
P.R. No. 14233
07/13/07 ts
A RESOLUTION APPROVING AMENDMENT NO. i TO
THE INDUSTRIAL DISTRICT AGREEMENT WITH
GOLDEN PASS LNG TERMINAL LLC
WHEREAS, per Resolution No. 05-259,
the City entered into
an Industrial District Agreement with Golden Pass LNG Terminal
LLC for an LNG project; and
WHEREAS, the City and Golden Pass LNG Terminal LLC desire
to amend the Industrial District Agreement, attached hereto as
Exhibit "A", to include additional tract of land,
approximately 180 acres, as described in Exhibit "A-I", and
approximately 26 acres of submerged land, as described in
Exhibit "A-2", to this Industrial District Agreement.
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 herein authorized
to execute Amendment No. 1 to the Industrial District
Agreement with Golden Pass LNG Terminal LLC for the LNG
Project, in substantially the same form as attached hereto as
Exhibit "A".
z.pr14233
Section 3. That a copy of this
upon the minutes of the City Council.
P~_~%D, ADOPTED A~DAPPROVED on this
Resolution be spread
the day of
, 2007, at a Regular meeting of the City Council
of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor ;
City Councilmembers ,
NOES:
ATTEST:
EVANGELINE GREEN, CITY SECRETARY
A~PROVED AS TO FORM
MARK T. SOKOLOW, CITY ATTORNEY
APPRO%'ED FOR ADMINISTP~TION:
MAYOR
STEPHEN FITZGIBBONS, CITY MANAGER
z .pr14233
EXHIBIT "A"
STATE OF TEXAS
COUNTY OF JEFFERSON
AMENDMENT NO 1
TO THE
INDUSTRIAL DISTRICT AGREEMENT
WITH REGARD TO THE GOLDEN PASS LNG PROJECT
WHEREAS, the City of Port Arthur, hereinafter referred
to as the "City" and the Golden Pass LNG Terminal LP, now
known as Golden Pass LNG Terminal LLC~, hereinafter referred
to as the "Company", entered into an Industrial District
Agreement with regard to the Golden Pass LNG project; and
WHEREAS, this Industrial District Agreement was
effective on September 1, 2005 and shall expire on the 31st
day of December 2015, unless extended by the City of Port
Arthur; and
WHEP~AS, the City and the Company desire to amend the
Industrial District Agreement to include additional tract
of land, approximately 180 acres, as described in Exhibit
"A-i" and approximately 26 acres of submerged land, as
described in Exhibit "A-2" to this Industrial District
Agreement.
1 Effective June 9, 2006, Golden Pass LNG Terminal LP changes its form
of legal entity and name to Golden Pass LNG Terminal LLC. Thus, Golden
Pass LNG Terminal LLC will now proceed as Golden Pass LNG Terminal LLC,
a Delaware limited liability company. Under Delaware law, Golden Pass
LNG Terminal LLC represents a continuation of Golden Pass Terminal LP,
including all of its rights and obligations.
z.lng_amendment no. 1 1 1
NOW THEREFORE, in consideration
the mutual agreements of the parties
City and the Company agree as to the
of the promises and
contained herein, the
following:
Section 1 Property subject to the Agreement.
Exhibit "A" to the Industrial District Agreement shall
also include the tract of land as more specifically
described in Exhibit "A-i" and Exhibit "A-2", attached
hereto and made a part hereof.
Section 2. This Amendment No. 1 shall be effective
on July 17, 2007.
z.lng_amendment no. 1 1 2
SIGNED AND AGREED to on the day of ,
2007.
GOLDEN PASS LNG TERMINAL LLC
By:
Its:
President
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned Notary Public, on this day
personally appeared ,
known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he
executed the same as the act and deed of Golden Pass LNG
Terminal 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., 2007.
Notary Public, State of Texas
z.lng_amendment no. 1 1 3
SIGNED AND AGREED to on the day
, 2007 .
CITY OF PORT ARTHUR, TEXAS
BY:
Stephen Fitzgibbons,
City Manager
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared Stephen Fitzgibbons, City Manager,
known to me to be the person whose name is subscribed 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., 2007.
of
Notary Public State of Texas
z.lng_amendment no. 1 1 4
EXHIBIT "A-I"
TO THE AMENDMENT NO. I
TRACT ONE
178.2 ACRES OF LAND
PART OF DIVISION A, DENNIS GAHAGAN LEAGUE, ABSTRACT NO. 123,
JEFFERSON COUNTY, TEXAS
A tract of land containing 178.2 acres of land out of and part of Divisions A, Dennis
Gahagan League, Abstract No. 123; said Division being according to the partition of the
Dennis Gahagan League as shown on a map or plat recorded in Vol. T, Page 181, Deed
Records, Jefferson County, Texas; said tract being more fully described by metes and
bounds as follows, to wit:
COMMENCING at a common comer of Division B and Division 8 on the South line of
Division A; said comer being marked by a concrete monument with a brass disc set by.
Houston Oil Company in March 1939 and identified as G-71;
THENCE North 70 deg., 03 min., 15 sec., East, on the common line of said Divisions A
and 8, a distance of 758.40' to a Houston Oil Company concrete monument found and
identified as G-72;
THENCE North 7I deg., 30 min., 39 sec., West, a distance of 7865.00' to a point;
THENCE South 08 deg., 00 min., 00 sec., West, a distance of 273.44' to a point for
comer of the POINT OF BEGINNING on the Southerly bank l'ine of the Sabine Neches
Ship Channel; said point for comer being the Northeast comer of the herein described
tract;
THENCE South 08 deg., 00 min., 00 sec., West, a distance of 54.3Y passing a ½" steel
rod, capped and marker "SOUTEX", found for reference point; continuing for a total
distance of 2674.77' to a '/2" steel rod found, capped and marked "SOUTEX", found for
comer;
THENCE South 84 deg., 00 min., 00 sec., East, a distance of 2981.70' to a point for
comer for the Southeast comer of the herein described tract; from which a Houston Oil
Company concrete monument found and identified as G-61 bears South 84 deg., 00 min.;
00 sec., East, a distance of 607.90';
THENCE West, a distance of 4724.56' to a ¼" steel rod set, capped and marked
"SOUTEX" on the Easterly right of way line of a dedicated mad named State Highway
87; said 1/2" steel rod being the Southwest comer of the herein described tract;
THENCE on the Easterly right of way line of said State Highway 87, 'on the arc of a
curve to the right having a radius of 2804.79', on arc length of 572.45', a chord beating of
North I0 deg., 04 min., 08 sec., West, a chord distance of 571.46' to a ¼" steel rod set,
capped, and marked "SOUTEX" for comer;
THENCE North 04 deg., 13 min., 19 sec., West, continuing on the Easterly right of way
line of said State Highway 87, a distance of 2612.47' to a ¼" steel md set, capped, and
marked 'SOUTEX" for comer;
THENCE continuing on the Easterly tight of way line of said State Highway 87, on the
arc of a curve to the left having a radius of 2924.79', an arc length of 739.27', a chord
beating of North 11 deg., 25 min., 52 sec.i West, a chord distance of 737.30' to a ¼" steel
rod set, capped and marked 'SOUTEX" for the Northwest comer of the herein described
tract;
THENCE South 59 deg., 40 min., 00 sec., East, a distance of 1403.61' to a 1" steel pipe
found for comer;
THENCE North 27 deg., 39 min., 24 sec., East, a distance of 543.75' passing a ¼" steel
rod set, capped, and marked "SOUTEX" for reference point; continuing for a total
distance of 638.86' to a point for comer on the Southerly bank line of said Sabine Neches
Ship Channel;
THENCE on the Southerly bank line of said Sabine Neches Ship Channel:
South 40 deg., 29 min., 12 sec., East, a distance of 15~.04' to a point for comer;
South 50 deg., 38 min., 39 seC., East, a distance of 122.83' to a point for comer;
South 56 deg., 37 min., 20 sec., East, a distance of 332.84' to a point for comer;
South 35 deg., 23 min., 13 sec., East, a distance of 142.19' to a point for comer;
South 50 deg., 13 min., 11 sec., East, a distance of 237.49' to a point for comer;
South 66 deg., 09 min., 57 sec., East, a distance of 356.69' to the POINT OF
BEGINNING and containing 178.2 acres of land.
Note: All bearings and distances are based upon State Plane Coordinate Grid System,
NAD 83, Texas South Central Zone, Scale Factor = 0.999891228
Note: All of the Divisions referred to above are according io the partition of the Dennis
Gahagan League, Abstract No. 123, Jefferson County, Texas, as shown on a map or plot
recorded in Volume T, Page 181, Deed Records, Jefferson County, Texas.
This ~lescription is bases on the Land Title Survey made by Anthony M. Leger,
Registered Professional Land Surveyor No. 5481, on October 12, 2005
Golden Pass LNG Terminal LP
LS -05-1004
EXHIBIT "A-2"
TO THE AMENDMENT NO. 1
TRACT TWO
25.76 ACRES OF LAND ( SUBMERGED )
PART OF DIVISION A, DENNIS GAHAGAN LEAGUE, ABSTRACT NO. 123~
JEFFERSON COUNTY, TEXAS
A tract of land 25.76 acres of land, being submerged land out of and part of Divisions A,
Dermis Gahagan League, Abstract No. 123; said Division being according to the partition
of the Dennis Gahagan League as shown on a map or.plat recorded in Vol. T, Page 181,
· Deed Records, Jefferson County, Texas; said tract being more fully described by metes
and bounds as follows, to wit:
COMMENCING at a common comer of Division B and Division 8 on the South line of
Division A; said comer being marked by a concrete monument with a brass disc set by
Houston Oil Company in March 1939 and identified as G-71;
THENCE North 70 deg., 03 min., 15 sec., East, on the common line of said Divisions A
and 8, a distance of 758.40' to a Houston Oil Company concrete monument found and
identified as G-72;
THENCE North 71 deg., 30 min., 39 sec., West, a distance of 7865.00' to a point for
comer for the POINT OF BEGINNING and being an angle point on the Easterly line of
the herein described tract;
THENCE South 08 deg., 00 min., 00 sec., West, a distance of 273.44' to a point for
comer on the Southerly bank line of the Sabine Neches Ship Channel; said point for
comer being the Southeast comer of the herein described tract;
THENCE on the Southerly bank line of said Sabine Neches Ship Channel:
North 66 deg., 09 min. 57 sec., West, a distance of 356.69' to a point of comer;
North 50 deg., 13 min., 11 sec., West, a distance of 237.49' to a point for comer;
North 35 deg., 23 min., 13 sec., west, a distance of 142.19' to a point for comer;
North 56 deg., 37 min., 20 sec., West, a distance of 332.84' to a point for comer;
North 50 deg., 38 min. 39 sec., West, a distance of 122.83' to a point for comer;
North 40 deg., 29 min. 12 sec., West, a distance of 150.04' to a point for comer for the
Southwest comer of the herein described tract;
THENCE North 27 deg., 39 min., 24 sec., East, a distance of 762.62' to a point for comer
on the called centerline of said Sabine Neches Ship Channel; said point for comer being
the Northwest comer of the herein described tract;
THENCE on the called centerline of said Sabine Neches Ship Channel, on the am of a
curve tO the left having a radius of 9573.41' on am length of 944.77', a chord bearing of
South 68 deg., 28 min., 54 see., East, a chord distance of 944.38' to a point for comer;
THENCE South 71 deg., 30 min., 39 sec., East, continuing on the centerline of said
Sabine Neches Ship Channel, a distance of 141.95' to a point for comer for the Northeast
comer of the herein described tract;
THENCE South 18 deg., 29 min., 21 sec., West, a distance of 843.99' to the POINT OF
BEGINNING and containing 25.76 acres of land, being submerged l.and.
Note: All bearings and distances are based upon State Plane Co6rdinate Grid System,
NAD 83, Texas Sou!h Central Zone, Scale Factor = 0.999891228.
Note: All of the Divisions referred to above are according to the partition of the Dermis
Gahagan League, Abstract No. 123, Jefferson County, Texas, as shown on a map or plot
recorded in Volume T, Page 18 I, Deed Records, Jefferson County, Texas.
This description is bases on the Land Title Survey made by Anthony M. Leger,
Reg/stered Professional Land Surveyor No. 5481, on October 12, 2005
Golden Pass LNG Terminal LP
LS-05-1004A
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