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Ordinance No. 15,982 ORDINANCE NO. 15,982 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE RENEWAL OR EXTENSION OF THE INDUSTRIAL DISTRICT AGREEMENT WITH ENERGY TRANSFER GC NGL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of Baytown, Texas, hereby authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to the renewal or extension of the Industrial District Agreement Energy Transfer GC NGL. A copy of said agreement is attached hereto, marked Exhibit"A"and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City council of the City of Baytown,this 1911, day of November, 2024. NDON C E ILLO,M or ' TEST: ° ANGELAO JACK9 ,ity 8.. ° APPROVED ASIO OF 'C C r SCOTT LE ND, City Attorney EXHIBIT "A" FIRST AMENDMENT TO INDUSTRIAL DIS 1 IUCT AGREEMENT This First Amendment to Industrial District Agreement (the "Amendment") is made and entered into by and between the City of Baytown, Texas, a municipal corporation in Harris and Chambers Counties, Texas, hereinafter also referred to as the "City," and Energy Transfer GC NGL (formerly Lone Star NGL Asset II Holdings Fractionator V), hereinafter referred to as the "Property Owner,"and is effective and executed on the dates of execution of this Agreement as set forth immediately above the respective signatures of the City and the Property Owner below. The City and the Property Owner are hereinafter sometimes referred to individually as a "Party" and collectively as the"Parties." WHEREAS,the Parties entered into an Industrial District Agreement with an effective date of April 131h, 2017 (the "Agreement"). WHEREAS, the Parties now desire to renew the Agreement and extend the termination date for a period of fifteen (15) years, adjusted to account for any time that has already elapsed since the original termination date of the lapsed contracts. The extension shall be calculated as fifteen(15) years minus the period that has already commenced under the lapsed contract terms. NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, it is agreed by and between the City and the Property Owner as follows: 1. Add the following sentence to Article III entitled "Term": The term of this Agreement is extended for fifteen (15)tax years beginning on December 3151, 2023, and ending at 11:59 p.m. on December 3 V1, 2038, unless this Agreement is sooner terminated under the provisions hereof. 2. The chart under Article V (A)(1) shall be amended to include the following rows: 2024 $244,093,000.00 2025 $244,093,000.00 2026 $244,093,000.00 2027 $244,093,000.00 2028 $244,093,000.00 2029 $244,093,000.00 2030 $244,093,000.00 2031 $244,093,000.00 2032 $244,093,000.00 2033 $244,093,000.00 2034 $244,093,000.00 2035 $244,093,000.00 2036 $244,093,000.00 2037 $244,093,000.00 2038 S244,093,000.00 3. The chart under Article V (A)(2) shall be amended to include the following rows: Year Yearly Nymeiit R�ite 2024 .66 2025 .66 2026 .66 2027 .66 2028 .66 2029 .66 2030 .66 2031 .66 2032 .66 2033 .66 2034 .66 2035 .66 2036 .66 2037 .66 2038 .66 4. The chart under Article V (A)(4) shall be amended to include the following rows: 2024 .66 2025 .66 2026 .66 2027 .66 2028 .66 2029 .66 2030 .66 2031 .66 2032 .66 2033 .66 2034 .66 2035 .66 2036 .66 2037 .66 2038 .66 5. The chart under Article V (B)(2) shall be amended to include the following rows: 2024 .66 2025 .66 2026 .66 2027 .66 2028 .66 2029 .66 2030 .66 2031 .66 2032 .66 2033 .66 2034 .66 2035 .66 2036 .66 2037 .66 2038 .66 6. Except as expressly amended by this Amendment, the Industrial District Agreement is hereby reaffirmed and shall remain in full force and effect. 7. This Amendment may be executed in any number of counterparts,each of which shall be deemed to be an original instrument,and all of which,taken together,shall constitute the executed Amendment. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK /SIGNATURE PAGES FOLLOW/ EXECUTED and effective on 20 CITY OF BAYTOWN, TEXAS By: Name: Title: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned Notary Public, on this day personally appeared , of the City of Baytown, Texas, known to me to be the person whose name is ascribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Baytown, Texas, for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 20_ — NOTARY PUBLIC FOR THE STATE OF TEXAS Printed Name: My Commission Expires: EXECUTED and effective on 20 ENERGY TRANSFER GC NGL By: Name: Title: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned Notary Public, on this day personally appeared of , known to me to be the person whose name is ascribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 120 NOTARY PUBLIC FOR THE STATE OF TEXAS Printed Name: My Commission Expires: