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HomeMy WebLinkAbout024774 ORD - 02/19/2002Page 1 of 3 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT, EFFECTIVE AS OF FEBRUARY 12, 2002, WITH CORPUS CHRISTI LIQUID, INC. AS LESSEE AND IMPROVEMENTS OWNER, PURSUANT TO § 42.044 TEXAS LOCAL GOVERNMENT CODE AND PURSUANT TO ORDINANCE NO. 022360, AND TO FILE THE AGREEMENT IN THE OFFICIAL RECORDS OF NUECES COUNTY, TEXAS; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. WHEREAS, the City Council has determined that this ordinance would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute an Industrial District Agreement with CORPUS CHRISTI LIQUID, INC., AS LESSEE AND IMPROVEMENTS OWNER, pursuant to § 42.044 TEXAS LOCAL GOVERNMENT CODE and Ordinance No. 022360. This Industrial District Agreement shall be effective on February 12, 2002, and the City Manager shall file the Agreement and a certified copy of this ordinance in the Official Records of Nueces County, Texas. A copy of said agreement is attached as Exhibit "A". SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose unless said holding has the effect of diminishing the revenue payable to the City under any agreement entered into under this ordinance. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\LEG-DI R\DoyleDC u rtis~vlYDOCS~ 002\O RD2002.100\Ordinanc.es\lndDist. Ag hOrdinance\Corpus. Christi. Liquid,I nc. Ord.wpd 024774 Page 2 of 3 SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the..12t'h day of February, 2002. ATTEST: THE CITY OF CORPUS CHRISTI A~ecretary LEGAL FORM APPROVED 6 February 2002 James R. Bray, Jr. City AttoJ:qey ~ _ Doyle [~iCCu rtis Senior Assistant City Attorney H:\LEG-DIR\DoyleDCu rtis~vlYDOCS~002\O RD2002.100\Ordina n c. e s\l n d D i st .Ag r\O rd ina n ce\Corpu s. C h r isti. L iqu id, In c. O rd .wpd Page 3 of 3 Corpus Christi, Texas TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, The City of Corpus Christi Councilmembers The above ordinance was passed by the following vote: Samuel L. Neal, Jr., Mayor Rex A. Kinnison Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly John Longoria Jesse Noyola Mark Scott H:\LEG~D~R\D~y~eDCurtis\MYD~CS~2\~RD2~2`1~\~rdinanc.es\~ndDist.Agr\~rdinan~e\C~rpus.Christi.Liquid~nc.~rd~wpd 024774 Page I of 12 INDUSTRIAL DISTRICT AGREEMENT NO. --- THE STATE OF TEXAS § COUNTY OFNUECES § CITY OF CORPUS CHRISTI § This Agreement made and entered into by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation of Nueces County, Texas, hereinafter called "CITY", and Corpus Christi Liquid, Inc.,hereinafter called Lessee and Improvements Owner, a [state] corporation, Owner of Improvements on, and Lessee of land owned by, the Port of Corpus Christi Authority of Nueces County, Texas, hereinafter collectively called "COMPANY". WITNESSETH: WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law which will tend to enhance the economic stability and growth of the City and its environs and which will attract the location of new and expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, Company is the owner or lessee of land or owner of improvements on land within the extraterritorial jurisdiction of the City of Corpus Christi, which land shall upon execution of this agreement by the City be known as "Corpus Christi Industrial District No. ," and which land is more particularly described in Exhibit "A" attached hereto, and incorporated herein for all purposes, herein called "said land" and upon which Company has either constructed (and/or contemplates) the construction or expansion of improvements; and WHEREAS, pursuant to said policy and the provisions of Section 42.044, Texas Local Government Code, City has enacted Ordinance No. 15898, as amended, including without limitation amendments by Ordinance Nos. 022092 and 022360, incorporated for all purposes, indicating its willingness to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating areas located in its extraterritorial jurisdiction as industrial districts, herein collectively called 'Districts', and Ordinance No. 15949 designating land areas as Corpus Christi Industrial Development Area No. I and Corpus Christi Industrial Development Area No. 2, if such industries no later than December 15, 1995, (or later for subsequently acquired land as provided in the ordinance) submit substantially complete executed contracts to the City Manager; and WHEREAS, City desires to encourage the updating, expansion and growth of industries within said Districts and for such purpose desires to enter into this Agreement with Company. NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein contained and pursuant to the authority granted under Section 42.044, H:\LEG-DI R\DoyleDC u rtis\MYDOCS~002\ORD2002.100\O rd in an c, e s\l n d D i st Ag r~Ag re ement\Corpus. Christi. L iq u id,lnc,Ag r.wpd Page 2 of 12 Texas Local Government Code, and the Ordinances of City referred to above, City and Company hereby agree as follows: City covenants and agrees that during the term of this Agreement, and subject to the terms and provisions hereof, said land shall retain its extraterritorial status as an industrial district and shall continue to retain such status until and unless the same is changed pursuant to the terms of this Agreement. Except as herein provided City further covenants and agrees that said land shall be immune from annexation. During the term hereof City shall have no obligation to extend to said land any City services except fire protection in the event Company makes additional payments to City under Article III(d) hereof, and such other City services as are being provided to and paid for by Company on the date hereof. Further, City and Company agree that during the term hereof, City shall not require with respect to said land compliance with its rules or regulations (a) governing zoning and platting of said land or any additions thereto outside the City limits and in an industrial district; provided, however, Company further agrees that it will in no way divide said land or additions thereto without complying with State law and City ordinances governing subdivision of land, including the provisions of Article XI of this Agreement; (b) prescribing any building, electrical, plumbing or inspection code or codes; or (c) prescribing any rules governing the method of operations of Company's business, except as to those regulations relating to the delivery of utility services and industrial waste disposal through City owned facilities. Company covenants and agrees that during the term hereof, Company will not use, or permit the use of, the land and improvements covered by this Agreement for purposes not included within the term "industry" as defined in Section 2 of Ordinance No. 15898, as amended. Holding said land and improvements for future "industry" use, without using same for non-industry purposes, does not violate this paragraph. II. The term of this Agreement shall be ten (10) years beginning on the first day of January 1995, and continuing until December 31, 2004, unless extended for additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before March 31 of the final calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the term; provided, however, the effective date and time of such annexation shall be no earlier than midnight of December 31 of such final year of the term. H:\LEG-DIR\DoyleDCurtis'WIYDOCS~002\ORD2002,100\Ordinanc.es\lndDist. Agr~Ag reernent\Co rpus,Christi. Liquid, Inc. Agr.wpd Page 3 of 12 III. Each year during the term hereof, Company shall pay to City: (a) An amount in lieu of taxes on said land (excluding improvements and personal property located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the market value of said land which would otherwise be payable to City by Company if said land were situated within the city limits of City. With respect to any new land acquired by Company after January 1, 1981, located in the extraterritorial jurisdiction of City, and the use of which relates directly to the primary use of the parent tract, such new land shall be included in Company's land known as said land, and shall be considered in calculating the in lieu of tax payment on said land as of January I of the first year following the date which such new land is acquired by Company. In addition, Company shall provide City a revised Exhibit "A" which includes a complete description of such new land. (b) An amount in lieu of taxes on improvements (excluding personal property) located on said land equal to sixty percent (60%) of the amount of ad valorem taxes which would otherwise be payable to City by Company if said improvements were situated on land within the city limits of City. "Improvements" shall be as defined in Section 1.04(3) of the Texas Tax Code, and shall also include petroleum and/or chemical refining, processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by the Company. On or before March 31 of each year during the term of this Agreement, Company shall provide to City's Collection Section a written statement of its opinion of the market value sworn to by an official of Company authorized to do the same. (c) With respect to any new improvements or facilities, which are hereby defined as those being completed after January 1, 1974, Company shall pay to City six percent (6%) each for the first and second years of use, seven percent (7%) each for the third and fourth years of use, and eight percent (8%) for each year of use thereafter rather than the percentages of the amount of ad valorem taxes as calculated in paragraph (b) above, i.e., 12% the second year in use, 19% the third year in use, 26% the fourth year in use, 34% the fifth year in use, etc. Payments under this provision shall never exceed sixty percent (60%). The first year of use for purposes of this new improvements payment shall be deemed to commence on the first day of January next following the date which the new improvements are placed in use. This provision shall apply to construction of new improvements or facilities and to the expansion of existing improvements or facilities on said land. New improvements or facilities not included within this paragraph (c) shall be deemed to be included within the provisions of paragraph (b) above. (d) An additional amount for City fire protection equal to fifteen percent (15%) of the amount which would be payable on 100% of assessed value of improvements located in H:\LEG~D~R\D~y~eD~ur~is\MYD~S~2\~RD2~2~1~\~rdinanc~es\~ndDist~Agr~Agreement\~rpus~hristLLiquid~nc~Agr~wpd Page 4 of 12 said land notwithstanding the provisions of paragraph (b) above; provided, however, that if and as long as Company is a member in good standing of the Refinery Terminal Fire Company, or its successor, it shall not be obligated to pay the additional amount provided by this paragraph (d). (e) At the request of Company, as an alternative to the method of calculation set forth in paragraphs (a) through (d) above, the Company may make a payment which is determined by considering, using the method of calculation set forth in paragraphs (a) through (d) above, said land and all other lands contiguous to said land, or forming an integral part of Company's primary operation located on said land, owned by Company inside the city limits as if all the value of Company's lands above described and improvements thereon were outside the city limits, and deducting from the amount which would otherwise be due from such calculation the property taxes actually due to City resulting from the assessed values of land and improvements, excluding personal property, located inside the City. If Company selects such alternative procedure, the amount due to City under this section shall be the resulting difference. In addition, Company shall provide City, by attaching hereto as Exhibit "B", a complete description of the lands contiguous to said land, or forming an integral part of Company's primary operation located on said land, owned by Company inside the city limits. With respect to any new land acquired by Company after January 1, 1981, located inside the city limits, which is contiguous to said land, or forms an integral part of Company's primary operation located on said land, such new land may be considered in the alternative method of calculating the in lieu of tax payment as stated above, as of January 1 of the first year following the date which such new land is acquired by Company. Company shall provide City a new or revised Exhibit "B" which includes a complete description of such new land. Provided, however, this provision can only be used by a Company that was utilizing this provision on December 31, 1994, only with respect to Land reflected in Exhibit "B" to that Company's Industrial District Agreement with City as of said date, and only for so long as the alternate in this paragraph is continuously used. IV (a) Company agrees to pay to City on or before January 31 of the year following each year during the term hereof all payments in lieu of taxes provided for hereunder without discount for early payment. The present ratio of ad valorem tax assessment used by City is one hundred percent (100%) of the fair market value of property. Any change in such ratio used by City shall be reflected in any subsequent computations hereunder. This Agreement and the method of determining and fixing the amount of in lieu of taxes payments hereunder shall be subject to all provisions of law relating to determination of market value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization and appeal. (b) In determining all amounts in lieu of taxes to be paid by the Company under this Agreement, the calculation shall be made without reference to the exemption for pollution control property in Section 11.31, Texas Property Tax Code, and Article VIII, Section 1-1, H:\LEG-D~R\D~y~eD~urtis\MYD~2~2\~RD2~2~1~\~rdinanc.es\~ndDist~Agr~Agreement\C~rpus~Christi~Liquid~nc~Agr~wpd Page 5 of 12 Texas Constitution, as same presently exist or may be hereafter amended. In addition, all such amounts shall be calculated without reference to any new tax exemption or any increase in an existing tax exemption enacted after January 1, 1995. V In the event Company elects to protest the valuation set on any of its properties by City for any year or years during the term hereof, it is agreed that nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same as if such property were located within the City, except with regard to the exemptions in Part IV(b). Notwithstanding any such protest by Company, Company agrees to pay to City an initial in lieu of tax payment on or before the date therefor hereinabove provided, of at least the amount of the payment in lieu of taxes on said land and improvements which would be due by Company to City hereunder on the basis of renditions filed by Company with City's Collection Section for that year or on the basis of the assessment thereof for the Past preceding year, whichever is higher. When the valuation on said property has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days thereafter Company shall make to City any additional payment due based on such final valuation. If as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the valuation of Company's property is established as an amount less than the amount used to compute the initial in lieu of tax payment for such year by Company, then within thirty (30) days thereafter City shall make to Company any payment due based on the difference between the initial payment and that which is computed based on the final settlement. W (a) In the event Company fails or refuses to comply with all or any of the terms, conditions and obligations herein imposed upon the Company, then this Agreement may be terminated at the option of City and/or the City may elect to sue to recover any sum or sums remaining due hereunder or take any other action which in the sole discretion of the City it deems best. In the event the City elects to sue to recover any sum due under this Agreement, the same penalties, interest, attorney's fees, and cost of collection shall be recoverable by the City as would be in a suit to recover delinquent ad valorem taxes. If the Company is an industry covered by the third paragraph of Section 2 of Ordinance 15898, as amended, failure to comply with the terms of that paragraph shall constitute grounds for termination of this Agreement, provided however, that the Company shall be given wdtten notice of the grounds for termination and if within sixty (60) days the Company complies or demonstrates a satisfactory plan of compliance (where compliance requires more than sixty (60) days) the Agreement shall not be terminated. (b) City shall be entitled to a tax lien on said land and improvements, in the event of default in payment of in lieu of taxes payments hereunder, which may be enforced by City in the same manner as provided by law for the collection of delinquent ad valorem taxes. H:\LEG~D~R\D~y~eDCurtis\MYD~CS~2\~RD2~2.1~\~rdinanc.es\~ndDist`Agr~Agreement\C~rpus.ChristLLiquid~nc`Agr~wpd Page 6 of 12 (c) In the event City breaches this Agreement by annexing or attempting to pass an ordinance annexing any of said land, Company shall be entitled to enjoin City from the date of its breach for the balance of the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement. If Company elects to pursue this remedy, then so long as City specifically performs its obligations hereunder, under injunctive order or otherwise, Company shall continue to make the annual payments required by this Agreement. (d) In the event Company uses, or permits use of, the land and improvements covered by this Agreement for purposes not included within the term "industry" as defined in Section 2 of Ordinance 15898, as amended, the payment in lieu of taxes to be paid by Company under this Agreement shall be increased to an amount equal to one hundred percent (100%) of the amount of ad valorem taxes on land, improvements, and personal property sited on the land which would otherwise be payable to City by Company if said improvements were situated on land within the city limits of City. Such increase shall be immediately effective for all payments from the inception of this Agreement, and Company shall transmit to the City within 10 days of being notified by City of the determination of a non-industrial use, an amount equal to said one hundred percent (100%) of ad valorem taxes from the inception of this Agreement, less any amounts previously paid, plus penalties and interest as if such amounts were delinquent taxes. City shall be entitled to its attorneys fees and other costs in collecting any such amounts. In addition, City shall have the right, in its sole and absolute discretion: (1) to obtain an injunction from a court of competent jurisdiction, upon the court's determination that the use ds not an "industry" use, requiring that the use be permanently discontinued, or (2) to annex the land covered by this Agreement. Until the land is annexed, Company shall continue to make payments equal to said one hundred percent (100%) of ad valorem taxes. VII Company agrees to provide to City at Company's expense, a survey plat and field note description of said land. With respect to Company's acquisition of new land, as described in Article Ill(a) above, which becomes included in said land, Company agrees to provide to City at Company's expense, a survey plat and field note description of such new land. VIII If any attempt to annex any of said land owned, used, occupied, leased, rented or possessed by Company, is made by another municipality, or if the incorporation of any new municipality should be attempted so as to include within its limits such land or property, the City shall seek a temporary and permanent injunction against such annexation or incorporation, with the cooperation of Company, and shall take such other legal action as may be necessary or advisable under the circumstances. The cost of any such legal action shall be borne equally by the parties hereto; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. H:\L E G- D IR\D o y l e DC u rtis ~M Y DO C S~ 002 \O R D 2002.100\O rd in a n c. e s\[n d D i st .Ag r~Ag tee me n t\C o r p u s. C h r isti. L iq u id, In c. Ag r.wpd Page 7 of 12 In the event City and Company are unsuccessful in obtaining a temporary injunction enjoining such attempted annexation or incorporation, Company shall have the option of (1) terminating this Agreement, effective as of the date of such annexation or incorporation, or (2) continuing to make the Jn lieu of taxes payments required hereunder. Such option shall be exercised within thirty (30) days after the application for such temporary injunction is denied. In the event Company elects to continue such in lieu of taxes payments, the City shall place future payments hereunder together with part of the payment for the calendar year in which such annexation or incorporation is attempted, prorated to the date such temporary injunction or relief is denied, in a separate interest-bearing escrow account which shall be held by City subject to the following: (a) In the event final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding such annexation or incorporation, then all such payments and accrued interest thereon shall be refunded to Company; or (b) In the event final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating such annexation or incorporation, then all such payments and accrued interest thereon shall be retained for use by City. IX The benefits accruing to Company under this Agreement shall also extend to Company's "affiliates" and to any properties presently owned or acquired by said affiliates within the area described in Exhibit "A" to this Agreement, and where reference is made herein to land, property and improvements owned by Company, that shall also include land and improvements presently owned by its affiliates. The word "affiliates" as used herein shall mean (1) all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent (50%) or more of the stock having the right to vote for the election of directors; or (2) all corporations which are members of a "controlled group of corporations" (as that term is defined in Section 1563(a) of the Internal Revenue Code of 1954, as amended) of which the Company is a member. X This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of said land, and the agreements herein contained shall be held to be covenants running with said land for so long as this Agreement or any extension thereof remains in force. H:\LEG-DIR\DoyleDCurtis\MYDOCS~002\ORD2002.100\Ordina nc.es\lndDist. Agr~Ag reement\Corpus. Ch risti. Liquid,lnc. Agr.wpd Page 8 of 12 Xl (a) Whenever the Company sells a contiguous portion of said land to another industry as defined in Ordinance No. 15898, as amended, then platting of such property may be deferred under the following conditions: (i) The seller shall submit for approval by the City Council a site plan indicating the proposed water, sewer, drainage, access, and street plans for said land; and (ii) Both the buyer and the seller shall enter into an agreement with the City requiring the platting of said land in the event the buyer's use of the property materially changes from the permitted uses described above, or if the Company's industrial district agreement terminates without extension. The seller shall remain solely responsible for any payments in lieu of taxes attributable to the buyer's holdings on the property unless the buyer has entered into a supplemental industrial district contract with the City concerning such holdings. (b) Whenever the Company properly plats, subdivides and conveys to a buyer other than an affiliate a portion of the lands described in Exhibit "A" and/or Exhibit "B", company shall furnish to the City's Collection Section a revised Exhibit "A" and/or Exhibit "B", which revised exhibit or exhibits shall constitute an amendment to this Agreement, effective for the calendar year next following the calendar year in which the conveyance occurred. Seller shall remain solely responsible for any payments in lieu of taxes for the calendar year in which the conveyance occurred. Thereafter, the buyer shall be responsible for such payments including any rollback payments under Part VI(d). In the event the Company improperly plats, subdivides or conveys a portion of the lands described in Exhibit "A" or Exhibit "B", Company shall remain solely responsible for any payments in lieu of taxes applicable to such property, including improvements thereon, and including any rollback payments under Part VI(d), as if no such conveyance had occurred. Xll Except for industrial districts in the Gulf of Mexico created pursuant to Section 11.0131 of the Texas Natural Resources Code, if City enters into an agreement with any other landowner, within the extraterritorial jurisdiction of the City, engaged in a similar industry, as classified by Major Group according to the Standard Industrial Classification Manual 1987 or enters into a renewal of any existing industrial district agreement with an industry of the same classification which contains in lieu of tax payment terms and provisions more favorable to such landowner than those in this Agreement, Company and its assigns shall have the right to either terminate this Agreement, or amend th is Agreement to contain such more favorable in lieu of tax payment terms and provisions. "Similar industry" shall not include any tourist-related business or facilities under Section 42.044, Texas Local Government Code. H:\L E G- D IR\Doyle D C u rt i s~l Y D O C S~2002 \O R D 2002.100\O rd in a n c. e s\l nd Dis t. Ag r~Ag r ee m e n t\C o r p u s. C h r isti. L i q u id, In c. Ag r. w pd Page 9 of 12 XIII In all of its procurements, including, but not limited to, procurements of supplies, materials, equipment, service contracts, construction contracts, and professional services contracts, the Company shall use reasonable efforts to procure same from businesses located within Nueces and San Patricio Counties unless same are not reasonably and competitively available within said area. The Company shall make reasonable efforts to determine local availability and competitiveness but shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. XIV In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby, unless such holding has the effect of diminishing the revenue~ payable to City hereunder. XV Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said land shall terminate. This Agreement may be executed in multiple counterparts, each of which is deemed an original. ENTERED into this __ day of ,20 ATTEST: .[name of entity] LANDOWNER Name: Title: ATTEST: Name: Title: By Name: Title: .[name of entity] LESSEE AND IMPROVEMENTS OWNER By: Name: Title: H:\LE G- D IR\Doyle DC u rt is WIY DOC S ~2002\0 R D 2002.100 \O rd in a n c.es\l n d Dis t. A g r'~Ag r ee m e n t\C o r p u s. C h r isti. L iq u id,in c. A g r.wpd ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa, City Secretary David R. Garcia, City Manager LEGAL FORM APPROVED 6 February 2002 Jame,.~ Bray, J£., CI'~ ATTO~RNEY DoyenS). Curtis, Senior Assistant City Attorney Page 10 of 12 H:\LEG-DIR\DoyleDCurtis\MYDOCS~002\ORD2002.100\Ordinanc.es\lndDist. Ag r~Ag reement\Corpus. Christi. Liquid,lnc. Agr.wpd Page 11 of 12 LANDOWNER ACKNOWLEDGMENT THE STATE OF § COUNTY OF § Before me (name of notary), notary public of the state of on this day personally appeared , known to me and proved to me through his/her driver's license number , to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. [Seal] Given under my hand and seal of office this __ day of 2000. Notary Public, State of Printed Name: My Commission expires: LESSEE AND IMPROVEMENTS OWNER ACKNOWLEDGMENT THE STATE OF § COUNTY OF § Before me [name of notary], notary public of the state of , on this day personally appeared , known to me and proved to me through his/her driver's license number , to be the person whose name is subscribed to the foregoing instrument as the of Corpus Christi Liquid, Inc., a [state] corporation, and acknowledged to me that he/she executed the same in the capacity therein stated for the purposes and consideration therein expressed and on behalf of said corporation. [Seal] Given under my hand and seal of office this __ day of 2000. Notary Public, State of Printed Name: My Commission expires: H:iL E G-D IR iD o y le D C u rti siM Y D OCS ~ 002iO R D2002.100lO rd in a n c. es il n d Dist. Ag r~Ag me m e n tiC o rp u s, C h r isti. L iq u id, In c. Ag r, w pd Page 12 of 12 CITY OF CORPUS CHRISTI ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OFNUECES § This instrument was acknowledged before me on ,200_, by David R. Garcia, City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Printed Name: My Commission expires: OWNED REAL ESTATE: None REAL ESTATE LEASED REAL ESTATE: 5.83 acre tract ofinnd leased from the Port of Corpus Christi Authority of Nueces County, Tmas, pttm,nm to a lease dated January 16, 1996, panio,t~rly descn~ by the field notes below aaa ~ ~ by plat shown on ~ "A" _,~__~ched hex~to, including all improvements situated tlmmaa. BEING a 5.83 acre tract of land (not based on aa on the ground survey) in Nueces Colaay, Te~ma, of the Port of Corpus Christi Authority, located approximntely 1.5 miles Northwest ofthe Comfy Courthouse and bounded on the Hast by the Sigmor Road, the South by Navigation Blvd., and the West and East by other PCCA vacant Land and more particularly descn'oed by metes and boL~ds as follows: BEGINNING at a point along CC'FA Rnnroad Track N-tuber 800(5) at CCTA Sta6__on 39 + 0.58; THENCE, N. I deg. 24' W., 75 feet to a po~t, said po~t b~-~ng the Southeast comer of~*tr~ct ,--a POINT OF BEGINNING. THENCE, N. I deg. 24' W., 392.5 feet to a point, said point being the Northeast comer ofl ~ THENCE, S. 88 deg. 36' W., 646.4 feet to a point, said point being the Northwest comer of~t~is THENCE, S. I deg. 24' E, 392.5 feet to a point, said point being the Southwest corner oftl~tract4 THENCE, N. 88 deg. :56' E, 315 feet to the POINT OF BEGINNING ofthla tract, sainl ~ containing 5.83 acres of land, more or lesa Tnnir No. 1306 needs a new floor as has been revetled to Purchs~. As pr~iously revealed to Pur~k~:r, the Port of Corpus Ch~ti Lease restrves th~ ~ to the Port to require the Lessee to remove the former Texaco tanks at the t~s,~t:...Mion of the least ma~nit~n~a12~ch~108-1 I-OO N DIAMOND SHAMROCK LEASE 3.398 ACRES S 88' 36' W 64.6.5' 5.02 ACRES o [] 0 C.C. TURNING EASIN PORT OF' CORPUS CHRISTI. AUTHORITY CORPUS CHRISTI LIQUIDS 5.85 ACRE LEASE