Fort Walton Beach Resolution — 2011-11-BP Oil Spill — reading text

RESOLUTION 2011 -11 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A PARTIAL RELEASE AND COVENANT NOT TO SUE FOR RELEASED CLAIM NUMBERS 17- 185788 -05 -1, 17- 185788 -05 -2, 17- 185788 -05 -3 and 17- 185788- 05-4 RELATING TO THE OIL SPILL IN THE GULF OF MEXICO; AND SETTING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: The April 20, 2010 blowout of the Macondo Well, the sinking of Transocean' s Deepwater Horizon drilling rig, and the subsequent oil spill in the Gulf of Mexico ( the Incident ") resulted in lost revenues for the City. The City has submitted claims to BP Exploration & Production Inc. (` BP ") to recover these lost revenues. " Released Claims" include claims for lost revenues generated on or prior to September 30, 2010 and assigned numbers 17- 185788- 05- 1, 17- 185788 -05 -2, 17- 185788 -05 -3 and 17- 185788 -05 -4 for sales tax, golf fees and cart rentals, water and sewer revenues, and garbage and tipping fees for the revenue generation months of May, 2010 through September, 2010. The City Council finds that it is in the best interests of the citizens of Fort Walton Beach to execute BP' s Partial Release and Covenant Not to Sue in consideration of payment in the amount of $ 148, 570. Therefore, the City Council hereby authorizes the Mayor to execute BP' s Partial Release and Covenant Not to Sue. This Resolution shall take effect immediately upon approval by the City Council. Adopted:. / " ao Mike Anderson, Mayor Attest: Approved for form and legal sufficiency: Helen Spencef,City Clerk  PARTIAL RELEASE AND COVENANT NOT TO SUE 1. In consideration of payment in the amount of ONE HUNDRED FORTY - EIGHT THOUSAND FIVE HUNDRED SEVENTY and NO /100 DOLLARS ($ 148, 570.00), the City of Fort Walton Beach, Florida, hereinafter " Claimant", individually and on behalf of Claimant' s agencies, departments, components, or other instrumentalities of any kind, administrators, elected or unelected officials or officers, delegates, assigns, insurers, attorneys, or other agents of any kind ( collectively " Affiliates "), hereby releases and forever discharges, and covenants not to sue BP Exploration & Production Inc. (` BP ") and the other Released Parties for lost revenue claims related to Claimant' s sales tax, golf fees and cart rentals, water and sewer revenues, and garbage and tipping fees for the generation months of May, 2010 through September, 2010, assigned claim numbers 17- 185788 -05 -1, 17- 185788 -05 -2, 17- 185788 -05 -3 and 17- 185788 -05 -4, as defined in Attachment A (hereinafter, " Released Claims "). 2. This Partial Release and Covenant Not to Sue applies to all Released Claims regardless of the legal or equitable theory under which they are advanced ( including ( but not limited to) legal and equitable theories under federal, state, local, and international law, and including without limitation statutory law, regulation, common law, maritime law, strict liability, negligence, gross negligence, punitive damages, nuisance, trespass, and all other legal and equitable theories), whether existing now or arising in the future, arising out of or in any way relating to the Incident. Any Claims the Claimant may have other than the Released Claims are specifically reserved, but this Partial Release and Covenant Not to Sue is intended to prohibit any form of double recovery by the Claimant and its Affiliates for the Released Claims, without regard to the nomenclature used or legal theory invoked in an attempt to recover twice for the same Released Claim, and the parties intend that this Partial Release and Covenant Not to Sue will be interpreted in that fashion. 3. Released Parties means anyone who is or could be responsible or liable in any way for the Incident or any damages related thereto, including (but not limited to) those liable for the Released Claims, whether a person, company or governmental entity, including ( but not limited to) BP, the parties listed on Attachment ` B" hereto, the federal Oil Spill Liability Trust Fund and any state or local fund, and each of their respective Affiliates. 4. Claimant represents and warrants that its undersigned representative ( i) has authority to execute this Partial Release and Covenant Not to Sue; ( ii) has not received any payment from any insurer or other party (other than BP) in connection with the Incident; and ( iii) has not sold or otherwise transferred or assigned any of the Released Claims, or any interests in such Released Claims. 5. Claimant will dismiss with prejudice within 10 days of executing this Partial Release and Covenant Not to Sue any litigation concerning the Released Claims (in their entirety or to the extent necessary to end litigation to recover for the Released Claims) filed by or on behalf of Claimant against BP or any other Released Parties. Claimant also will withdraw from any existing and will not join any new class actions or similar procedural devices concerning the Released Claims ( in their entirety or to the extent necessary). 1263  6. This Partial Release is not intended to prevent any of the Released Parties from exercising their respective rights of contribution, subrogation, or indemnity under the Oil Pollution Act of 1990 ( " OPA ") or any other law. As this Partial Release is fully and completely resolving Claimant' s Released Claims under OPA, BP is hereby subrogated to any and all rights that Claimant has arising from the Incident for those Released Claims. 7. The payment( s) to Claimant is /are made without any admission of liability or wrongdoing by BP or any other Released Party. 8. The provisions of this Partial Release and all questions with respect to the construction and enforcement thereof and the rights and liabilities hereto shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida, without regard to conflicts of laws principles. 9. This Partial Release supersedes any and all other agreements, written or oral, between BP and Claimant with respect to such subject matter of this Partial Release. 10. Attachment " C" to this Partial Release and Covenant Not to Sue is a resolution authorizing Michael G. Anderson, Mayor of the City of Fort Walton Beach, to execute this Partial Release and Covenant Not to Sue on behalf of Claimant and Claimant' s Affiliates. The City of Fort Walton Beach, Florida: r April 12, 2011 B: Date: Vichael G. Anderso , Mayor ATTEST: Helen Spen r — City Clerk 2- 1263 Attachment " A" Released Claims" shall include all claims for lost revenues of any kind that should have been generated on or prior to September 30, 2010, including but not limited to the Claims filed and assigned numbers 17- 185788 -05 -1, 17- 185788 -05 -2, 17- 185788 -05 -3 and 17- 185788 -05 -4 for sales tax, golf fees and cart rentals, water and sewer revenues, and garbage and tipping fees for the revenue generation months of May, 2010 through September, 2010, that Claimant has or may have, whether known or unknown, whether direct or indirect, or whether legal or equitable arising from or relating in any way to the April 20, 2010 blowout of the Macondo Well, the sinking of Transocean' s Deepwater Horizon drilling rig, and the subsequent oil spill in the Gulf of Mexico (the " Incident "). 3- 1263 Attachment `B" Aerotek, Inc. Ameri -Force, Inc. Anadarko Petroleum Company Anadarko Petroleum Corporation Anadarko E &P Company LP Art Catering, Inc. Ashland BJ Services Company, USA BP America Inc. BP America Production Company BP Company North America Inc. BP Corporation North America Inc. BP Corporation North America Inc. Savings Plan Investment Oversight Committee BP Energy Company BP Exploration (Alaska) Inc. BP Global Special Products ( America) Inc. BP Holdings North America Limited BP plc BP Products North America Inc. Brett Robinson Gulf Corporation Cameron Corporation Cameron International Corporation f/k/a Cooper Cameron Corporation Cameron International Corporation d/ b /a/ Cameron Systems Corporation Center for Toxicology and Environmental Health L.L.C. Chouest Shorebase Services, LLC Clean Harbors Core 4 Kebawk, LLC Crowder /Gulf Joint Venture Crowder Gulf Disaster Recovery Diamond Offshore Company DOF Subsea USA, Inc. Drill -Quip, Inc. Entrix, Inc. Environmental Standards EPS Corporation ERG ES &H Environmental Services ESIS, Inc. Exponent Global Diving & Salvage, Inc. Gulf Offshore Logistics, LLC Gulf Offshore Logistics International, LLC Halliburton Energy Services, Inc. 4- 1263 Halliburton Company Hamilton Eng. Hepaco Hilcorp Energy Company Hyundai Heavy Industries Co. Ltd, Inc. Hyundai Motor Company In Rem Vessels Island Ventures II Jupiter Insurance Limited LaBorde Marine Services, LLC Lloyd' s of London Marine Spill Response Corporation MEG Energy Corp M -I L.L.C. M -I Drilling Fluids L.L.C. M -I Swaco Miller Environmental Group, Inc. Mitsui & Co. ( USA), Inc. Mitsui & Co. Ltd. Mitsui Oil Exploration Co. Ltd. Moran Environmental Recovery, LLC MOEX Offshore 2007 LLC Moex USA Corporation MV Monica Ann MV Pat Tilman MV Damon B. Bankston MV Max Chouest MV Ocean Interventions MV C. Express MV Joe Griffin MV Mr. Sidney MV Hilda Lab MV Sailfish MV Seacor Washington MV Seacor Vanguard Nalco Holding Company Nalco Finance Holdings LLC Nalco Finance Holdings Inc. Nalco Holdings LLC Nalco Company Nautical Ventures, LLC Nautical Solutions, LLC O' Brien' s Response Management, Inc. Ocean Runner, Inc. Oceaneering International, Inc. Offshore Cleaning Systems L.L.C. 5- 1263 Offshore Service Vessels, LLC Offshore Inland Marine & Oilfield Services, Inc. Ranger Offshore, Inc. Reel Pipe, LLC Schlumberger, Ltd. Seacor Marine, LLC Seacor Marine, Inc. Seacor Marine International, Inc. Siemens Financial, Inc. Seafairer Boat, LLC State Street Bank and Trust Company Subsea 7 LLC The Response Group, Inc. TestAmerica, Inc., Tiburon Divers, Inc. Tidewater Marine LLC Tiger Safety, LLC TL Wallace Transocean Inc. Transocean Deepwater, Inc. Transocean Drilling (U.S. A.) Inc. Transocean Enterprise Inc. Transocean Holdings Inc. Transocean Holdings LLC Transocean Ltd. Transocean Offshore Deepwater Drilling, Inc. Transocean Offshore USA, Inc. Triton Asset Leasing GmbH Triton Hungary Asset Management KFT Triton Hungary Asset Management Limited Liability Company USES /Construct Corps Weatherford International Ltd. Weatherford U.S. L.P. Worley Catastrophe Services, LLC Worley Catastrophe Response, LLC In 1263 Attachment " C" FWB Resolution 2011 - 11 7- 1263