Loading...
HomeMy WebLinkAboutMinutes Port Of Corpus Christi Authority Of Nueces County, Tx - 03/28/2019 OFFICIAL MINUTES OF PORT COMMISSION MEETING March 28, 2019 The Port Commissioners of the Port of Corpus Christi Authority convened at the Solomon P. Ortiz International Center, 402 Harbor Drive, Corpus Christi, Texas, on Thursday, March 28, 2019 at 1:00 p.m., for the special called meeting of the Port Commission. Present: Mr. Charles Zahn Mr. Richard Valls Mr. Richard L. Bowers Mr. Wayne Squires Ms. Catherine Hilliard Absent: Mr. David P. Engel Mr. Wes Hoskins Present: Mr. Sean Strawbridge Mr. Dennis DeVries Mr. Omar Garcia Mr. Jarl Pedersen Mr. Clark Robertson Mr. Kent Britton Ms. Rosie Collin Mr. Sam Esquivel Mr. Tyler Fuhrken Ms. Sarah Garza Chief Eric Giannamore Mr. David Krams Mr. Tom Mylett Mr. Jeff Pollack Ms. Lynn Angerstein Mr. Bland Chamberlain Ms. Sherry DuBois Mr. Bennie Benavides Ms. Tana Neighbors Others Present: Mr. Leo J. Welder, Jr. Mr. Dane Bruun Others Present: Mr. & Mrs. John Thompson Mr. Charles Stovall Mr. Scott Holt Mr. Mark Grosse Ms. Kimberly Smith 3-28-19.min Pg. 1 of 5 Ms. Carol Loeb Mr. Charles Plunkett Ms. Jo Krueber Ms. Lorna Reilly Ms. Luke Dailey Mr. John Morris Ms. Cameron Pratt Mr. Ric Pratt Mr. Dwight Burdick Ms. Cathy Fulton Mr. Marty Vera Ms. Priscilla Vera Mr. Michael Amos Ms. Sylvia Compos Mr. William Shannon Port Aransas Residents Mr. Rod Pullen Howard Energy Mr. Kevin Gibson Mr. Tim McCallum Mr. Jonathon Thielemann Signet Maritime Mr. Joelle Francois AECOM Capt. Kevin Monaco Capt. Bobby Grumbles Capt. Rick Casas Capt. Stephen Conway Capt. Mike Kershaw Aransas/CC Pilots Assn. Mr. Ferris Hussain The Carlyle Group Mr. Jerry Ashcroft Lone Star Ports 1. Meeting called to order. 2. Safety briefing presented. 3. Pledge of Allegiance recited. 4. Invocation given. 5. Conflict of Interest Affidavits: None were submitted. 6. Open Session Agenda: 3-28-19.min Pg.2 of 5 6a. Lease Agreement with Lone Star Ports, LLC: Staff recommended approval of a Lease Agreement for up to 50 years with Lone Star Ports, LLC (a joint venture involving The Carlyle Group and Berry Lone Star Ports, LLC) for land on Harbor Island related to marine terminal and associated facilities. After staff's presentation, Mr. Bowers moved the adoption of the following Resolution and Mr. Squires seconded the motion: RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE PORT OF CORPUS CHRISTI AUTHORITY, AS LANDLORD, AND LONE STAR PORTS LLC, AS LESSEE, FOR 200 ACRES OF LAND ON HARBOR ISLAND TO BE USED AS A CRUDE OIL EXPORT TERMINAL WHEREAS, a lease agreement for up to fifty (50) years between the Port of Corpus Christi Authority of Nueces County, Texas ("PCCA"), as lessor, and Lone Star Ports, LLC ("Lone Star Ports"), as lessee (the "Lease Agreement'), has been presented to PCCA's Port Commission ("Port Commission") for consideration and approval at this meeting; and WHEREAS, under the terms of the Lease Agreement, PCCA will lease 200 acres of its land on Harbor Island to Lone Star Ports (the "Leased Premises") for the development of a crude oil export terminal thereon; and WHEREAS, Sections 60.101, 60.120 and 62.107 of the Texas Water Code authorize PCCA to make long-term leases of its land in connection with and for the purpose of the industrial and business development of PCCA's property and waterways and in aid of navigation related commerce in PCCA's ports and on its waterways, and the operation and industrial and business development of ports and waterways are a public purpose and a matter of public necessity; and WHEREAS, the Port Commission, acting on behalf of PCCA, wishes to lease the Leased Premises to Lone Star Ports on a long-term basis in connection with the industrial and business development of PCCA's property and waterways and for the purposes and in the manner more particularly described in the Lease Agreement; and WHEREAS, the Port Commission desires to adopt this Resolution to evidence it approval of the Lease Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE PORT COMMISSION THAT Section 1. The findings and determinations contained in the recitals to this Resolution are hereby found and determined to be true and correct, and the findings, determinations and definitions contained in the recitals are incorporated herein for all purposes. 3-28-19.min Pg.3 of 5 Section 2: The Port Commission hereby approves the Lease Agreement in substantially the form presented to this meeting. Section 3: PCCA's Chief Executive Officer is hereby authorized and directed, for and on behalf of PCCA, to execute the Lease Agreement in substantially the form presented to this meeting, with such changes therein as he shall approve, his execution thereof to constitute conclusive evidence of such approval. Section 4. The Chief Executive Officer is hereby authorized and directed, for and on behalf of PCCA, to approve, accept and execute, if necessary, the Carlyle Guarantee described in Section 3.9(a) of the Lease Agreement, the updated Exhibits described in Section 19.16 of the Lease Agreement, and any other documents or agreement to be delivered to PCCA pursuant to the terms of the Lease Agreement. Section 5. The Chief Executive Officer is hereby authorized and directed, for and on behalf of PCCA, to execute, attest, seal, and deliver any and all additional certificates, documents, or other papers and to do any and all things he deems necessary or prudent to carry out the intent and purposes of this Resolution and the Lease Agreement. Chairman Zahn called for Public Comments on this agenda item. The following persons spoke in opposition to the Lease Agreement with Lone Star Ports: Mr. Charles Plunkett Ms. Jo Krueber Ms. Lorna Reilly Ms. Carol Loeb Ms. Luke Dailey Mr. John Morris Ms. Cameron Pratt Mr. Ric Pratt Mr. Barney Farley Mr. Scott Holt Mr. Dwight Burdick Mr. Mark Grosse Ms. Cathy Fulton Ms. Kimberly Smith Mr. Marty Vela Ms. Ila Vera Mr. Andrew Reichert Mr. Michael Amos Ms. Sylvia Compos 3-28-19.min Pg.4 of 5 Mr. Charlie Stovall Mr. John Thompson Mr. William Shannon The following persons spoke in favor of the Lease Agreement: Capt. Mike Kershaw Capt. Kevin Monaco Capt. Bobby Grumbles Mr. Ferris Hussain Mr. Jerry Ashcroft Action: The members of the Commission present at the meeting unanimously adopted the foregoing: RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE PORT OF CORPUS CHRISTI AUTHORITY, AS LANDLORD, AND LONE STAR PORTS LLC, AS LESSEE, FOR 200 ACRES OF LAND ON HARBOR ISLAND TO BE USED AS A CRUDE OIL EXPORT TERMINAL 7. Executive Session: The Commission did not convene in Executive Session. 8 Open Session (continued): 8a. Amendments to Chief Executive Officers'employment contract: Action: On motion made by Mr. Valls and seconded by Mr. Bowers, the Commission tabled consideration of this item. 9. Adjourn: On motion duly made and seconded, the meeting adjourned at 2:16 p.m. 3-28-19.min Pg.5 of 5