HomeMy WebLinkAboutO-2020-IDA-135 Braskem America, INC.ORDINANCE NO. 2020-IDA-135
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH BRASKEM AMERICA, INC, A DELAWARE
CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 2020, AND ENDING
DECEMBER 31, 2031; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS
Section 1. Braskem America, Inc., a Delaware corporation, has executed an industrial
district agreement with the City of La Porte, Texas, for the term commencing January 1, 2020,
and ending December 31, 2031, a copy of which is attached hereto, incorporated by reference
herein, and made a part hereof for all purposes.
Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of
the City of La Porte, Texas, be and they are hereby, authorized and empowered to execute and
deliver on behalf of the City of La Porte, Texas, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required by law at all times during
which this ordinance and the subject matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its passage and approval,
and it is so ordered.
PASSED and APPROVED, this 101h day of February, 2020.
CITY OF TE, TEXAS
Lo is R Rigby, M y
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
NO. 2020 IDA-- I�
STATE OF TEXAS '
COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and BRASKEM AMERICA, INC.
a Delaware corporation, hereinafter
called "COMPANY".
W I T N E S S E T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures
from time to time as are permitted by law and which will tend to
enhance the economic stability and growth of the City and its
environs by attracting the location of new and the 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, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the • attached Exhibit "A" thereinafter
"Land"); and said Land being more particularly shown on a plat
attached as Exhibit "B", which plat describes the ownership
boundary lines; a site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the Land
previously annexed by the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth
of industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby
agree with each other as follows:
I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed
pursuant to the terms of this Agreement. Subject to the foregoing
and to the later provisions of this Agreement, City does further
covenant, agree and guarantee that such industrial district, to
the extent that it covers said Land lying within said District and
not now within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of
land, (b) prescribing any building, electrical, plumbing or
inspection code or codes, or (c) attempting to exercise in any
manner whatever control over the conduct of business thereon;
provided, however, 1) any portion of Land constituting a strip of
land 100' wide and contiguous to either Fairmont Parkway, State
Highway 225, or State Highway 146, shall be subject to the rules
and regulations attached hereto as Exhibit "C" and made a part
hereof, 2) intermodal shipping containers (including but not
limited to freight and tank containers) placed on Land belonging
to Company shall be permitted to be stacked only two containers in
height within the 100' wide portion of Company's Land contiguous
to either Fairmont Parkway, State Highway 225, or State Highway
146; beyond said 100' wide strip, intermodal shipping containers
shall be eligible to be stacked one additional container in height
within and for each successive 100' wide portion of Company's Land
behind and following the preceding 100' wide strip, up to a
maximum of six containers in height, regardless of distance from
Fairmont Parkway, State Highway 225, or State Highway 146; and 3)
it is agreed that City shall have the right to institute or
intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state
environmental laws, rules or regulations, to the same extent and
to the same intent and effect as if all Land covered by this
Agreement were not subject to the Agreement.
11.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S . B . 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended),
the appraised value for tax purposes of the annexed portion of
Land, improvements, and tangible personal property shall be
2
determined by the Harris County Appraisal District. The parties
hereto recognize that said Appraisal District has no authority to
appraise the Land, improvements, and tangible personal property in
the unannexed area for the purpose of computing the "in lieu"
payments hereunder. Therefore, the parties agree that the
appraisal of the Land, improvements, and tangible personal
property in the unannexed area shall be conducted by City, at
City's expense, by an independent appraiser of City's selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the
entire (annexed and unannexed) Land, improvements, and tangible
personal property.
Nothing herein contained shall ever be interpreted as lessening
the authority of the Harris County Appraisal District to establish
the appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
A. The properties upon which the "in lieu of" taxes are assessed
are more fully described in subsections 1, 2, and 3 of subsection
C, of this Paragraph III (sometimes collectively called the
"Property"); provided, however, pollution control equipment
installed on the Land which is exempt from ad valorem taxation
pursuant to the provisions of Sec. 11.31 of the Texas Property Tax
Code is exempt from ad valorem taxation and "in lieu of takes"
hereunder. Property included in this Agreement shall not be
entitled to an agricultural use exemption for purposes of
computing "in lieu of taxes" hereunder.
B. On or before the later of December 31, 2020, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2031, Company
shall pay to City an amount of "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year").
C. Company and City agree that the following percentages
("Percentage Amount'') shall apply during each of the Value
Years:
Value
Year
2020:
6406
Value
Year
2021:
6496
Value
Year
2022:
64o
Value
Year
2023:
64%
Value
Year
2024:
649.-
Value
Year
2025:
64%
Value
Year
2026:
640
Value
Year
2027:
64%
Value
Year
2028:
6416
Value
Year
2029:
640
Value
Year
2030:
64%
Value
Year
2031:
649.-
Company agrees to pay to City an amount of " in lieu of
taxes" on Company's land, improvements and tangible
personal property in the unannexed area equal to the sum
of .
1. Percentage Amount of the amount of ad valorem taxes
which would be payable to City if all of the Company's
Land and improvements which existed on January 1, 2020,
and each January 1 thereafter of the applicable Value
Year during the term of this Agreement, (excluding
amounts which would be so payable with respect to any
Substantial Increase in value of such Land and
improvements to which subparagraph 2, below applies),
had been within the corporate limits of City and
appraised each year by City's independent appraiser, in
accordance with the applicable provisions of the Texas
Property Tax Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2019, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation),
for each Value Year following completion of
construction in progress, an amount equal to
Thirty percent (3096), where construction is
completed in Value Years 2020 through 2031, of the
amount of ad valorem taxes which would be payable
to City if all of said new construction had been
within the corporate limits of City and appraised
by City's independent appraiser, in accordance
with the applicable provisions of the Texas
Property Tax Code. The eligible period for
application of said thirty percent (309c) "in
lieu" rate shall be for a total of six (6) Value
Years.
In the case of new construction which is completed
in Value Year 2028 or later, and provided,
further, that City and Company enter into an
Industrial District Agreement after the expiration
of this Industrial District Agreement, then, and
in such events, such new construction shall be
entitled to additional Value Years under the new
Agreement at a Thirty percent (309.) valuation
under this subparagraph (a), for a total of six
(6) Value Years, but not extending beyond Value
Year 2034.
In the case of new construction which was
completed in Value Years 2016 through 2019 in
accordance with the previous Industrial District
Agreement between City and Company, such -new
construction shall be subject to a Twenty percent
2096)valuation through Value Year 2022, and a
4
Thirty (300) valuation for any additional Value
Years beyond Value Year 2022, for a total of six
(6) Value Years.
(b) Application of the thirty percent (300-.) "in lieu"
rate for Substantial Increase in value of the
Land, improvements, and tangible personal property
dedicated to new construction is limited to new
construction purposed for or related to
manufacturing and processing uses. In no case
shall Company be entitled to application of the
thirty percent (3096) "in lieu" rate for
Substantial Increase in value of the Land,
improvements, and tangible personal property
dedicated to new construction where the new
construction is purposed for or related to uses
for warehousing, storage, distribution, and/or
general freight trucking and transportation, as
well as general commercial uses, such as truck
stops, rental facilities, or repair shops.
(c) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2019; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(d) If existing Property values have depreciated below
the Property value established on January 1, 2019,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2019,.value; and
Percentage Amount of the amount of ad valorem taxes
which would be payable to City on all of the Company's
tangible personal property of every description,
located in an industrial district of City, including,
without limitation, inventory, (including inventory in
a federal Foreign Trade Zone and including Freeport
exempted inventory), oil, gas, and mineral interests,
items of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of said
tangible personal property which existed on January 1,
2020, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement,
5
(excluding amounts which would be so payable with
respect to any Substantial Increase in value of such
tangible personal property to which subparagraph 2,
above applies), had been within the corporate limits of
City and appraised each year by the City's independent
appraiser, in accordance with the applicable provisions
of the Texas Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of City 's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
4. Notwithstanding the above, should City elect to grant
the freeport inventory exemption authorized by Article
VIII, Section 1-j of the Texas Constitution and Section
11.251 of the Texas Property Tax Code to taxpayers
within the City limits, then the freeport inventory
exemption shall apply to parties to this Agreement.
Further, should inventory or any other class or type of
property become exempt from taxation by constitutional
amendment or act of the Texas Legislature (including,
but not limited to, Article VIII, Section 1-n, of the
Texas Constitution and Section 11.253 of the Texas
Property Tax Code), such class or type of property
shall be exempt for purposes of this Agreement, unless
the City Council of the City of La Porte shall by
Ordinance provide for the continued taxation of such
property under the authority of any applicable
provisions of the Texas Constitution and Texas
Statutes.
5. City and Company acknowledge circumstances might
require the City to provide emergency services to
Company's Property described on Exhibit "A" attached
hereto. Emergency services are limited to fire,
police, and public works emergency services. If
Company is not a member of Channel Industries Mutual
Aid Association (CIMA), Company agrees to reimburse
City for its costs arising out of any emergency
response requested by Company to Company's property,
and to which City agrees to respond. If Company is a
member of CIMA, the obligations of Company and City
shall be governed by the CIMA agreement, to which
agreement City is a party.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2020, and continuing thereafter until December 31,
2031, unless extended for an 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 August 31, 2031, the agreement of
City not to annex property of Company within the District shall
terminate. In that event, City shall have the right to commence
immediate annexation proceedings as to all of Company's property
covered by this Agreement, notwithstanding any of the terms and
provisions of this Agreement.
Company agrees that if the Texas Local Government Code Section
Chapter 42.044 "Creation of Industrial District in
Extraterritorial Jurisdiction", or Texas Local Government Code
Chapter 43 "Municipal Annexation", is amended, or any new
legislation is thereafter enacted by the Legislature of the State
of Texas which imposes greater restrictions on the right of City
to annex land belonging to Company or imposes further obligations
on City in connection therewith after the annexation of such land,
Company will waive the right to require City to comply with any
such additional restrictions or obligations and the rights of the
parties shall be then determined in accordance with the provisions
of said laws as the same existed on January 1, 2019.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI,
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris
County Appraisal District for any year or years during the terms
hereof, 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.
Notwithstanding such protest by Company, and except as otherwise
provided in Article VI(B), Company agrees to pay to City on or
before the date therefore hereinabove provided, at least the total
of (a) the total amount of ad valorem taxes on the annexed
portions, plus (b) the total amount of the "in lieu of taxes" on
the unannexed portions of Company's hereinabove described property
which would be due to City in accordance with the .foregoing
provisions of this Agreement on the basis of renditions which
shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter
Company shall make payment to City of any additional payment due
hereunder, or City shall make payment to Company of any refund
due, as the case may be, based on such final valuation, together
with applicable penalties, interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II
above (which shall be given in writing to Company), Company shall,
within twenty (20) calendar days of receiving City's invoice, give
written notice to the City of such disagreement. In the event
Company does not give such written notice of disagreement within
such time period, the appraisal made by said independent appraiser
shall be final and controlling for purposes of the determination
of "in lieu of taxes" payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall
also submit to the City with such notice a written statement
setting forth what Company believes to be the market value of
Company's hereinabove described property. Both parties agree to
thereupon enter into good faith negotiations in an attempt to
reach an agreement as to the market value of Company's property
for "in lieu" purposes hereunder. If, after the expiration of
thirty (30) days from the date the notice of disagreement was
received by City, the parties have not reached agreement as to
such market value, the parties agree to submit the dispute to
final arbitration as provided in subparagraph 1 of this Article
VI (B) .
Notwithstanding any such disagreement by Company, Company agrees
to pay to City on or before December 31 of each year during the
term hereof, at least the total of (a) the ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu"
payments which would be due hereunder on the basis of Company's
written valuation,% statement submitted to City by Company
hereunder, or the total assessment and "in lieu of taxes" thereon
for the last preceding year, whichever is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a
written request that the Chief Judge of the U.S.
District Court for the Southern District of Texas
appoint the third arbitrator who, (as the "Impartial
Arbitrator") shall preside over the arbitration
proceeding. The sole issue to be determined in the
arbitration shall be resolution of the difference
between the parties as to the fair market value of
Company's property for calculation of the "in lieu"
payment and total payment hereunder for the year in
question. The Board shall hear and consider all
relevant and material evidence on that issue including
expert opinion, and shall render its written decision
as promptly as practicable. That decision shall then
be final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall
bear its own attorneys fees.
VII.
0
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes" payments hereunder, which shall .accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
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 operation of law, all or any part of the
property belonging to it within the territory hereinabove
described, and the agreements herein contained shall be held to be
covenants running with the land owned by Company situated within
said territory, for so long as this Agreement or any extension
thereof remains in force. Company shall give City written notice
within ninety (90) days, with full particulars as to property
assigned and identity of assignee, of any disposition of the Land,
and assignment of this Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
Without such agreement neither party hereto would enter into this
Agreement. 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 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.
X1.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
XII.
Notices by a party to the other party hereto, shall he mailed or
delivered as follows:
To the City of La Porte: City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
To Company: Braskem America, Inc.
(COMPANY)
Attention: Tax Department
1735 Market Street, Floor 28
Philadelphia, PA 19103
Company shall promptly notify City of any change of ownership of
Property, any assignment of this Agreement, and of any change of
billing address.
Company shall notify City annually, on or before June 1, of any
changes to the following information:
Plant Manager
Name: Jeremy Glisson
Addre s s : 8811 Strang Road
LaPorte, TX 77571
Phone: +1 (713) 703-8737
Fax:
Email:
Jeremy.Glisson@braskem.com
Tax Agent/Billing Contact
Name: Jeff Moore, Ryan LLC
Addre s s : 100 Congress Avenue, Ste. 1900
Austin, TX 78701
Phone: +1 (512)_ 960-1072
Fax:
Email: Jeff.Moore@braskem.com
ENTERED INTO effective the 1st day of January, 2020.
Braskem America, Inc..
"A�� (COMPANY)
By:
Name: Patrici Almuina
Title: Assistant Treasurer
Address: 1735 Market Street, Floor 28
10
Philadelphia, PA 19103
CIT PORTE TEXAS
By:
Lo is R. iMy
a or
APPROVED:
3E6i
ox W. Askins /
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
281.471.1886
281,471.2047 fax
knoxaskins@comcast.net
STATE OF IRBiEA '.
ph / 114- L<
COUNTY OF HARR�E '
a 0. ci��
x Alexander
City Manager
CITY OF LA PORTE, TEXAS
604 West Fairmont Parkway
La Porte, TX 77571
This instrument was acknowledged before me on the 6 day of
20J0 by Pa%riet,)
of 61-A corporation, a V S corporation,
on behalf of said entity.
otary Public, 8tate,f
COMMONWEALTH OF PENNSYLVAN_IA_
NOTARIALSEAL
Christine M. Pryszlak, Notary Public
City of Philadelphia, Philadelphia County
My Commission Expires June 8, 2021
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
11
STATE OF TEXAS
COUNTY OF HARRIS '
This instrument was acknowledged before me on the'DP\ day of
9o�rte,a
20X, by Louis R. Rigby, May of the Cinti
a
municipal corporation, on beh It of said
LEE WOODWARD No /jv
Sta exas
NOTARY PUBLIC
* STATE OF TEXAS
MY COMM. EXPP, 2119/21
NOTARY ID 12681012-9
12
"EXHIBIT A"
(Metes and Bounds Description of Land)
13
Braskem Plant
200.655 Acres
STATE OF TEXAS §
COUNTY OF HARRIS §
Enoch Brinson Survey
Abstract No. 5
A METES & BOUNDS description of a certain 200.655 acre tract of land situated in the Enoch Brinson
Survey, Abstract No. 5 in Harris County, Texas, being all of a called 40.30 acre tract to Aristech Chemical
Corporation by General Warranty Deed recorded under Clerk's File Number S224910 of the Harris County
Official Public Records of Real Property (H.C.O.P.R.R.P.), all of a called 8.765 acre tract to Aristech Chemical
Corporation by General Warranty Deed recorded under Clerk's File Number S224915 of the H.C.O.P.R.R.P.,
all of a called 100 acres (Parcel "B") and all of a called 15.7528 acres (Parcel "A") to Aristech Chemical
Corporation by Deed Without Warranty recorded under Clerk's File Number K881509 of the
H.C.O.P.R.R.P., and all of a called 35.0000 acre tract to Aristech Chemical Corporation by Deed Without
Warranty recorded under Clerk's File Number R619510 of the H.C.O.P.R.R.P.; said 200.655 acre tract being
more particularly described as follows with all bearings being based on the Texas Coordinate System,
South Central Zone, NAD 83;
BEGINNING at a found 1/2-inch iron rod at the most southerly southeast corner of said 15.7528 acres,
common with the southwest corner of a called 20.000 acres to Gulbrandsen Technologies, Inc. by Special
Warranty Deed recorded under Clerk's File Number S796293 of the H.C.O.P.R.R.P. and being in the
northerly right-of-way line of Strange Road (60-foot right-of-way) recorded under Volume 75, Page 22 of
the Harris County Deed Records (H.C.D.R.), from which a found 5/8-inch iron rod bears North 87 degrees
05 minutes 27 seconds East, a distance of 1087.67 feet;
THENCE, South 87 degrees 05 minutes 27 seconds West, along the southerly lines of said 15.7528 and 100
acre tracts, common with the northerly right-of-way line of said Strange Road, a distance of 1648.66 feet
to a found 3/4-inch iron rod at the southwest corner of said 100 acre tract, common with the southeast
corner of a called 8.179 acre tract to Commercial Net Lease Realty, LP by General Warranty Deed recorded
under Clerk's File Number Y266333 of the H.C.O.P.R.R.P., from which a found 5/8-inch iron rod bears
South 86 degrees 57 minutes 27 seconds West, a distance of 110.61 feet;
THENCE, North 02 degrees 57 minutes 57 seconds West, along the westerly line of said 100 acre tract,
common with the easterly line of said 8.179 acre tract, a distance of 761.18 feet to a found 4-inch concrete
monument at the northeasterly corner of said 8.179 acre tract, common with the southeasterly corner of
said 8.765 acre tract;
THENCE, South 87 degrees 08 minutes 04 seconds West, along the northerly line of said 8.179 acre tract,
common with the southerly line of said 8.765 acre tract, a distance of 504.42 feet to a found 5/8-inch iron
rod at the northwesterly corner of said 8.179 acre tract, common with the southwesterly corner of said
8.765 acre tract and being in the easterly line of said 40.30 acre tract;
THENCE, South 02 degrees 40 minutes 56 seconds East, along the easterly line of said 40.30 acre tract,
common with the westerly line of said 8.179 acre tract, a distance of 616.92 feet to a set 3/4-inch iron rod
(with cap stamped "JONES I CARTER PROPERTY CORNER") at the most southerly southeast corner of said
40.30 acre tract, common with the southwesterly corner of said 8.179 acre tract and being in the
northeasterly right-of-way line of State Highway 225 (right-of-way varies);
THENCE, North 72 degrees 51 minutes 26 seconds West, along the southwesterly line of said 40.30 acre
tract, common with the northeasterly right-of-way line of said State Highway 225, a distance of 516.77
Page 1 of 3
K:\16947\16947-0001-00 Braskem Chemical Plant Boundary Survey\1 Surveying Phase\Documents Created\200.655 AC MB.docx
Braskem Plant Enoch Brinson Survey
200.655 Acres Abstract No. 5
feet to a found 5/8-inch iron rod at the southwesterly corner of said 40.30 acre tract, common with the
southeasterly corner of a called 8.2779 acre tract to 3Ds Porte, LLC. by Special Warranty Deed recorded
under Clerk's File Number 20100023664 of the H.C.O.P.R.R.P.;
THENCE, North 02 degrees 56 minutes 37 seconds West, along the westerly line of said 40.30 acre tract,
common with the easterly lines of said 8.2779 acre tract, a called 13.2232 acre tract to DCT Laporte, LLC.
by Special Warranty Deed recorded under Clerk's File Number RP-2017-135299 of the H.C.O.P.R.R.P., and
a called 11.9839 acre tract to 3Ds Porte, LLC. by Special Warranty Deed recorded under Clerk's File
Number 20100023664 of the H.C.O.P.R.R.P., a distance of 2,402.56 feet to a point for corner, from which
a found 5/8-inch iron rod bears North 84 degrees 37 minutes 00 seconds West, a distance of 0.67 feet;
THENCE, North 87 degrees 05 minutes 02 seconds East, along the northerly lines of said 40.30 acre and
100 acre tracts, common with the southerly right-of-way line of a Southern Pacific Railroad right-of-way
recorded under Volume 2892, Page 710 of the H.C.D.R., passing at a distance of 933.54 feet a found 5/8-
inch iron rod, continuing for a total distance of 2,577.36 feet to a found 5/8-inch iron rod at the northeast
corner of said 100 acre tract, common with the northwest corner of said 35.0000 acre tract;
THENCE, North 87 degrees 08 minutes 17 seconds East, along the northerly line of said 35.0000 acre tract,
common with the southerly right-of-way line of said Southern Pacific Railroad right-of-way, a distance of
691.82 feet to a found 5/8-inch iron rod in said common line and being the beginning of a curve to the
right;
THENCE, continuing along said common line, with the arc of said curve to the right having a radius of
457.68 feet, a central angle of 89 degrees 50 minutes 34 seconds, an arc length of 717.67 feet, and a long
chord bearing South 47 degrees 56 minutes 26 seconds East, a distance of 646.37 feet to a set 3/4-inch
iron rod (with cap stamped "JONES I CARTER PROPERTY CORNER") at the southerly corner of said Southern
Pacific Railroad right-of-way, common with the northeasterly corner of said 35.0000 acre tract and being
in the westerly line of a called 13.045 acre tract to Houston Lighting and Power recorded under Volume
2643, Page 151 of the H.C.D.R., from which a found brass disk in concrete bears North 03 degrees 00
minutes 54 seconds West, a distance of 496.78 feet;
THENCE, South 03 degrees 01 minutes 09 seconds East, along the easterly lines of said 35.0000 and
15.7528 acre tracts, common with the westerly line of said 13.045 acre tract, passing at a distance of
910.51 feet a found 5/8-inch iron rod, continuing for a total distance of 1,466.29 feet to a found 5/8-inch
iron rod at the southeasterly corner of said 15.7528 acre tract, common with the northeasterly corner of
said 20.000 acre tract;
THENCE, South 87 degrees 05 minutes 00 seconds West, along the southerly line of said 15.7528 acre
tract, common with the northerly line of said 20.000 acre tract, a distance of 1087.81 feet to a found 5/8-
inch iron rod at the northwesterly corner of said 20.000 acre tract, common with an interior corner of said
15.7528 acre tract;
Page 2 of 3
K:\16947\16947-0001-00 Braskem Chemical Plant Boundary Survey\1 Surveying Phase\Documents Created\200.655 AC MB.docx
Braskem Plant
200.655 Acres
Enoch Brinson Survey
Abstract No. 5
THENCE, South 03 degrees 01 minutes 44 seconds East, along the easterly line of said 15.7528 acre tract,
common with the westerly line of said 20.000 acre tract, a distance of 800.91 feet to the POINT OF
BEGINNING, CONTAINING 200.655 acres of land in the Harris County, Texas, as shown on drawing number
14736 in the offices of Jones I Carter in Bellaire, Texas.
Jones I Carter
6330 West Loop South, Suite 150
Bellaire, Texas 77401
(713)777-5337
Texas Boardof rProfessionaf GandSurveying
W,egistration .No. 10046100
Acting By/Through Jeromy Alvin Chandler
Registered Professional Land Surveyor
No. 5755
JChandler@jonescarter.com
�i.• �
� O .cf+
ERO�AY ALVIN CHANOIEF
.....I. ..
-0 5755 ..:
FSS . 1-l�
Page 3 of 3
K:\16947\16947-0001-00 Braskem Chemical Plant Boundary Survey\S Surveying Phase\0ocuments Created\200.655 AC MB.docx
• 0
DEED WITHOUT WARRANTY - Lap=
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
KNOW ALL MEN BY THESE PRESENTS:
That USX Corporation, a Delaware corporation (hereafter sometimes
called "USX"), having an office at 600 Grant Street, Pittsburgh,
Pennsylvania 15230, for and in consideration of the sum of Ten Dollars
($10.00) and other valuable consideration paid to USX by ARISTECH CHEMICAL
CORPORATION, also a Delaware corporation (hereafter sometimes called
"Grantee"), having a place of business on the 28th Floor, 600 Grant Street,
Pittsburgh, Pennsylvania 1S219, the receipt of which is hereby acknowledged,
has granted, sold and conveyed and by these presents does grant, sell and
convey to Grantee, its successors and assigns, the following two parcels of
land in Harris County, Texas:
PARCEL A
Part of Lots 36, 37 and 38 out of the STRANG SUBDIVISION,
according to the Map or Plat thereof, recorded in Volume
75, Page 22, Deed Records, Harris County, Texas,
described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod found marking the
northwest corner of the ENOCH BRINSON SURVEY A-5 and
being in the east line of 150 foot H L & P FEE STRIP;
THENCE South 00. 01' 18" East along the west line of said
ENOCH BRINSON SURVEY and the east line of said H L & P
fee strip, at 94.47 feet passing a 5/8 inch iron rod, in
all a distance of 1237.17 feet to a 5/8 inch iron rod set
In the centerline of a 20 foot vide road as abandoned
under County Clerk's File Number E-621007, to a point for
corner;
THENCE South 89' SS' 31" East along said centerline of
abandoned road a distance of 1130.58 feet to 5/8 inch
iron rod for corner;
THENCE South 00' 01' 18" East a distance of 10.00 feet to
a 5/8 inch rod said rod marking the common north corner
of Lots 31 and 32 of the aforementioned STRANG
SUBDIVISION;
THENCE South B9. 58' 31" Eagt along the north line of
said STRANG SUBDIVISION and the mouth line of previously
said 20 foot wide abandoned road, a distance of 2088.85
feet to point for corner;
THENCE South On' 07' 12" East a distance of 160.14 feet
to a 5/8 Inch Iron rod set marking the northwest corner
and PLACE OF BEGINNING of the herein described tract;
THENCE continuing south 00. 07' 12" East a distance of
1356.65 feet to a 5/8 inch iron rod set for corner in the
north right-of-way line of STRANG ROAD (based on a width
of 60 feet);
THENCE South 89' 58- 57" East along the north line of
STRANG ROAD a distance of 60 feet to a 5/8 inch iron rod
set for corner;
330)1 CLS/b1c 12/2/86
THENCE North 00. 07' 12" West a distance of 800.59 feet
to a 5/8 inch iron rod set for interior corner of herein
described tract;
THENCE East a distance of 1087.51 feet to a 5/9 inch iron
rod set for corner in the west line of a T. 6 N. 0. R. R.
COMPANY 40 feet sight -of -way;
THENCE North 00' 06' 05" West along the west line of said
T. i N. 0. R. R. COMPANI right-of-way a distance of
556.08 feet to a 5/8 inch iron rod set marking the
northeast corner of the herein described tract;
THENCE West a distance of 1147.69 feet to the PLACE. OF
BEGINNING. Containing 15.7528 acres of land.
Field notes covering a tract of land containing 100
acres, more or less, being part of and out of Lots 33,
34, 35, and 36, Strang Subdivision, as per map or plat of
said Subdivision recorded in Vol. 75, Page 22, and Volume
1196, Page 725 of the Deed Records of Harris County,
Texas ■nd being also part of and out of Lots 12, 13, 14,
and 15, Blackwell's Subdivision of Perry's 307 Acres, as
per map or plat of said subdivision recorded in Volume
$3, Page 343, and Volume 1322, Page 350, of the Deed
Records of Harris County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a 3/4 inch iron rod on the northerly
line of Strang Road at the southwest corner of the herein
described tract of land, said point being S 89' 58' 57" E
a distance of 114.90 feet from a Texas Highway Department
concrete monument at the intersection of the northerly
line of Strang Road, 60 feet wide, and the northeasterly
line of State Highway 225, 370 feet wide;
THENCE S 89. 57' 59" E along the northerly line of
Strang Rd. a distance of 1384.77 feet to a 1/2 line iron
rod for corner;
THENCE N 0' 07' 00" W, at 1517.04 feet pass the
southerly line of a 20-foot wide dedicated road, in all a
total distance of 2,724.36 feet to a 1/2 inch iron rod
for corner;
THENCE N 89' 58' 31" W, along the south line of the
T. G N. 0. R. R. right-of-way, 40 feet wide, and
following a line parallel to and 40 feet south of the
north line of the Enoch Brinson Survey a distance of
1644.00 feet to a 1/2 inch iron rod for corner;
THENCE S 0' 07' 00" E a distance of 1,197.32 feet to
a 1/2 inch iron rod for corner in said 20-foot wide
dedicated road;
THENCE S 89. 58' 31" E along the northerly line of
said 20-foot wide dedicated road a distance of 61.74 feet
to a point for corner;
THENCE S 0. 01' 16" E along the Nettie N. Moody
tract of land described in deed recorded in Volume 2217,
Page 5 of the Deed Records of Harris County, Texas, on
the westerly line of Lot 33, on the easterly line of Lot
32, a distance of 1537.24 feet to the PLACE OF BECINNING.
-- - -. - --— -- I. 11e< 1 I)nDTC - 2 -
•
0
SUBJECT, with respect to Parcels A and B, to: all
restrictions, covenants, conditions, rights,: interests a'".
and estates of record and easements, rights of way and
utility easements whether or not of record to which USX's rights are subject.
The source of title to PARCEL A is the deed from '
Selected Land, Ltd. to USS Novamont, Inc, dated July 3,
1980 filed for record in the Official Public Records of
Real Property of Harris County, Texas under County
Clerk's File No. G592578 and recorded under Film Code No. `
161-89-0604 of the Official Public Records of Real
Property of Harris County, Texas.
The source of title to PARCEL B is the deed from
David M. Cummings Jr. to Novamont, Inc., a Delaware
corporation, dated August 14, 1975 and filed for record
in said records under County Clerk's File No, E514104 and
recorded under Film Code No. 125-11-2297 of said records.
By Restated Certificate of Incorporation filed in the office of the
Secretary of State of the State of Delaware on July 19, 1979 Novamont
Corporation changed its name to USS Novamont, Inc.
By Certificate of Ownership effective December 31, 1981 filed in
the office of the Secretary of State of the State of Delaware, USS Novamont,
Inc. merged into United States Steel Corporation, a Delaware corporation.
By Certificate of Ownership and Merger dated July 9, 1986 between
United States Steel Corporation (a Delaware corporation), and USX
Corporation (also a Delaware corporation and a wholly -owned subisidiary of
said United States Steel Corporation) and filed on July 9, 1966 in the
office of the Secretary of State of the State of Delaware, USX Corporation
was merged into United States Steel Corporation, which in the process
changed its name to USX Corporation. This merger and change of name were
evidenced by an amended Certificate of Authority issued to USX Corporation
on July 14, 1986 by the Secretary of State of the State of Texas.
To have and to hold the above described premises, together with all
and singular the rights and appurtenances thereto in any wise belonging,
unto said Grantee, its successors and assigns forever.
USX Corporation conveys the foregoing to Grantee without warranty
of title of any kind, express, implied or other and shall not be liable to
Grantee, its successors and assir.ns, for any title defect in, or lien or
encumbrances on the title to, the foregoing.
Witness the due execution on this -tt- day of bfe", 19b].
ATTEST:
USX CORPORATION
1'1" By
Assistant Secretary Senior Vice res ent- nance
"EXHIBIT B"
Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
14
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"EXHIBIT C"
Page 1 of 3
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146 shall be subject to the following rules and
regulations pertaining to new signage, screening, driveways and
median crossovers, as well as the stacking of intermodal shipping
containers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, State Highway 225, or State
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
(4- One freestanding identification sign shall be permitted
for each side of an industrial establishment that
fronts on an improved public right-of-way.
d Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
c4 One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights -of -way.
(4 Freestanding identification signs for multiple
businesses shall not exceed 350 square feet.
(4 Freestanding identification signs shall not exceed 45
feet in height.
(7- Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. Intermodal shipping containers (including by not limited to
freight and tank containers) shall be permitted to be stacked
only to a maximum of two (2) containers in height in the said
100' strip. In those instances where shipping containers are
placed within the said 100' wide strip, the screening
requirements established in paragraph 3 immediately below
shall apply.
3. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, State Highway
225, or State Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
15
etc. to provide a thorough and effective visual screening
"EXHIBIT C"
Page 2 of 3
of the development, Existing trees shall, together
with other vegetation and underbrush, create a
continuous visual screen.
b) The use of earthen berms with approximately 3:1 side
slopes, 50' wide at the base and 8' high. The berms
may be landscaped with a combination of trees, shrubs,
and ground cover. All berms and landscaping will be
maintained by the property owners.
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground
cover that after 5 years growth will be at least 20
feet in height and shall, together with shrubs and
ground cover, create a continuous visual screen.
Provided, however, in public utility easements or
rights -of -way, the vegetation shall be installed and
maintained in a manner which is acceptable to the
public utility company, and does not interfere with the
operation and maintenance of the public utility
facilities.
For items b and c above, the actual length of required
screening along the roadway will be equal to the length
of the new development that is parallel to the roadway.
Screening shall not be required for new development
that is to the rear of or behind existing facilities.
In all cases the 50' strip, along the entire roadway
frontage, shall be dedicated as a landscape easement
and shall be kept free from any improvements except for
approved driveway access and identification signs.
For cases of new development or improvements where a
50' landscape easement is not available or practical,
Company shall meet with City to determine a suitable
landscaping alternative.
d) In the case of land contiguous to Fairmont Parkway, in
addition to the other requirements of these Rules and
Regulations, Company shall dedicate to City by Plat a
ten foot (101) wide pedestrian and bicycle easement,
extending along Company's Fairmont Parkway boundary,
within the fifty foot (501) landscape easement. The
pedestrian easement shall not be within any pipeline
facility, except for necessary crossings.
4. Driveways opening from said strip of land onto State Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is
more restrictive.
16
"EXHIBIT C"
Page 3 of 3
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the City's Code of
Ordinances, whichever is more restrictive.
5. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
G. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
17
Wolny, Shelley
om: Moore, Jeff <Jeff. Moore@ Ryan.com >
bent: Wednesday, January 1, 2020 1:27 PM
To: Wolny, Shelley
Cc: Williams, Eric; Alexander, Corby
Subject: FW: Braskem IDA signed
Attachments: Braskem LaPorte IDA exhibits A and B for review.pdf
Shelley, attached is the signed agreement (without the exhibits) which I had emailed to you and Corby back in
November. Regarding the confirmation of the annexed portion of the site, I will also try to reach Hugh
Landrum. Without more information about the annexed portion, we won't be able to complete the exhibits. I assume
we can attach the exhibits once they are mutually agreed.
Thanks
Jeff
From: Moore, Jeff
Sent: Monday, November 18, 2019 6:19 PM
To: 'Alexander, Corby' <AlexanderC@laportetx.gov>
Cc: Williams, Eric <Eric.Williams@ryan.com>; Wolny, Shelley <WolnyS@laportetx.gov>
Subject: RE: Braskem IDA signed
Corby, as Braskem reviews and prepares the Exhibits, I want to clarify that on the plat map (attached, last page,
ovided by Shelley Wolny from the 2000 agreement) that the area marked as Parcel A represents the annexed portion
the site. When I look at the city boundary map on the City website, however, I do not see this area noted. There is an
area north of Highway 225 and west of the Braskem site which is within the City limits, but I don't see the area as noted
on the attached. Please help identify the annexed portion. Or perhaps Parcel A and Parcel B mean something different.
Thanks for your help.
Jeff
From: Moore, Jeff
Sent: Monday, November 18, 2019 5:38 PM
To: Alexander, Corby <AlexanderC@laportetx.gov>
Cc: Williams, Eric <Eric.Williams@rvan.com>
Subject: Braskem IDA signed
Corby, attached is the Industrial District Agreement with Braskem America which they have signed. We are working on
Exhibits A and B, and expect to have those soon.
If you need the original signature I can provide that, please let me know.
Please advise if you need anything else.
Thanks
Jeff
Jeff Moore
Principal
Property Tax - Complex
yan
)0 Congress Avenue
Suite 1900
Austin, Texas 78701
512.960.1072 Direct
512.716.9929 Mobile
--an.com
Wolny, Shelley
om: Moore, Jeff <Jeff.Moore@Ryan.com>
bent: Thursday, January 2, 2020 8:55 AM
To: Wolny, Shelley
Cc: Williams, Eric
Subject: FW: Braskem IDA signed
Attachments: Braskem City of La Porte IDA 2020 signed 11.19.19.pdf
Shelley, sorry for the confusion, attached is the signed agreement. Does the property owner's notary statement go at
the bottom of page 11? If so, I will get that taken care of. It wasn't clear (to me) that this was for the property owner
and not the City since it is after the City signatures.
Thanks
From: Moore, Jeff
Sent: Monday, November 18, 2019 5:38 PM
To: Alexander, Corby <AlexanderC@laportetx.gov>
Cc: Williams, Eric <Eric.Williams@ryan.com>
Subject: Braskem IDA signed
Corby, attached is the Industrial District Agreement with Braskem America which they have signed. We are working on
Exhibits A and B, and expect to have those soon.
If you need the original signature I can provide that, please let me know.
-'ease advise if you need anything else.
tanks
Jeff
Jeff Moore
Principal
Property Tax - Complex
Ryan
100 Congress Avenue
Suite 1900
Austin, Texas 78701
512.960.1072 Direct
512.716.9929 Mobile
ryan.com