Broward County Commission Regular Meeting


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AI-29084 11.       
Meeting Date: 05/21/2019  
Director's Name: Glenn Wiltshire (Acting Director)
Department: Port Everglades Division: Director's Office

Information
Requested Action
MOTION TO APPROVE ten-year License Agreement between Broward County and TransMontaigne Terminals L.L.C. for Bulk Petroleum Product Pipelines at Port Everglades, effective upon execution; and authorize the Mayor and Clerk to execute same.

(Per the Tuesday Morning Memorandum, Signature Pages have been received.)

ACTION:  (T-10:33 AM)  Approved.

VOTE:  9-0.
Why Action is Necessary
License Agreements with a term that exceeds one year require approval by the Broward County Board of County Commissioners.
What Action Accomplishes
Approves a new License Agreement that replaces the existing ten-year Bulk Petroleum License Agreement between TransMontaigne Terminals L.L.C. and Broward County expiring on June 1, 2019.
Is this Action Goal Related
 
Previous Action Taken
None.
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.

This action supports the Broward County Board of County Commissioners' ("Board") Value of "Ensuring economic opportunities for Broward's diverse population and businesses" and the Goal to "Increase the economic strength and impact of revenue-generating County enterprises balancing economic, environmental, and community needs."

TransMontaigne Terminals L.L.C. (TransMontaigne) and its predecessor companies have operated underground pipelines, including a pipeline system for ship fueling, on Port property over the past eighty years subject to a series of agreements with Port Everglades that provide a right-of-way for the installation, maintenance, and operation of bulk petroleum pipelines. On June 2, 2009 (Item No. 68), the Board approved a ten-year License Agreement between Broward County and TransMontaigne Product Services Inc. providing for the installation of a bunker (ship fueling) pit and its associated pipelines at Berth 4 in the Northport area of Port Everglades. On March 1, 2016 (Item No. 6), the Board approved a Consent to Assignment and Transfer of Interest in the License Agreement from TransMontaigne Product Services LLC (successor by corporate reformation to TransMontaigne Product Service, Inc.) to TransMontaigne Terminals L.L.C.

While no additional revenue will be directly generated by this license agreement, the Port generates revenues from dockage, wharfage and other fees applicable to the bunker fuels as they are received into the Port. Approval of the new, non-exclusive License Agreement would replace the agreement expiring on June 1, 2019, and would extend the relationship for another ten years, consistent with license agreements with other petroleum terminal operators to provide rights-of-way for pipelines between the berths and the petroleum distribution terminals.

The License Agreement has been reviewed by the Port Everglades Risk Manager and approved as to form by the Office of the County Attorney. The agreement is pending final execution by TransMontaigne, and signature pages will be noted in the Monday Night Memo, prior to the Commission meeting.
Source of Additional Information
Glenn A. Wiltshire, Acting Port Director, Port Everglades Department, (954) 468-3504
Neil J. Kutchera, Assistant Port Director, Petroleum, Port Everglades Department, (954) 468-3520

Fiscal Impact
Fiscal Impact/Cost Summary:
No additional revenue will be directly generated by this license agreement; however, the Port generates revenues from dockage, wharfage and other fees applicable to the bunker fuels as they are received into the Port.
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - TransMontaigne License Agreement
Exhibit 3 - Map


    

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