Broward County Commission Regular Meeting


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AI-27963 6.       
Meeting Date: 01/29/2019  
Director's Name: Steven Cernak
Department: Port Everglades Division: Business Administration

Information
Requested Action
MOTION TO ADOPT Resolution No. 2019-026 directing the County Administrator to publish Notice of Public Hearings to be held on February 12, 2019, and February 26, 2019, in the County Commissioners’ Meeting Room (Room 422), Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, Florida, to consider the approval of the Second Amendment to Marine Terminal Lease and Operating Agreement between Broward County and Crowley Liner Services, Inc. (Crowley) to provide for a revised description of the premises, modified container (shipmoves) rate schedule and minimum annual guaranteed payments, modified rent credit provision, and modified early termination rights of Crowley.

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

ACTION:  (T-11:05 AM)  Approved. 

VOTE: 9-0.    
Why Action is Necessary
Pursuant to Chapter 94-429 Laws of Florida, two public hearings are required.
What Action Accomplishes
This action directs the County Administrator to publish Notices of Public Hearings.
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."

As the first tenant of the Southport container terminal complex at Port Everglades, Crowley entered into a lease agreement with the Port Everglades Authority, predecessor in interest to Broward County, effective January 22, 1990, for a ten-year term. Crowley's most recent Marine Terminal Lease and Operating Agreement was approved by the Board on June 14, 2016 (Item No. PH-5). This agreement combined two separate terminals under a single agreement after Crowley's acquisition of SeaFreight Agencies (USA), Inc (SeaFreight). The agreement had an initial term of ten years with two five-year options, with an effective date retroactive to May 1, 2016. The new leasehold consisted of 99 acres, which combined Crowley’s 74-acre terminal with SeaFreight’s 25-acre terminal. Since Crowley anticipated that they would gain efficiencies from the combined terminal operations, the Agreement provided Crowley with the option to reopen negotiations to return a portion of the leasehold at any time before or within one year of completion of the Southport Turning Notch Extension (SPTNE). The Agreement authorized the Port Everglades Chief Executive/Port Director to execute any resulting amendment to the Agreement.

As result of negotiations completed on September 19, 2017, on November 2, 2017, the Port Everglades Chief Executive/Port Director executed the First Amendment to the Agreement reducing the size of Crowley’s leasehold to 78 acres, consisting of a 73.8-acre parcel and a separate non-contiguous 4.2-acre parcel. It also modified the Shipmove Rates and Minimum Annual Guaranteed Shipmoves based upon the amount of acreage surrendered.

On May 23, 2017 (Item No. 66), the Board approved an Agreement between Broward County and Moss/Kiewit, a Joint Venture, for Managing General Contractor for the Port Everglades SPTNE. Construction on this project began in March 2018, and will continue until 2023. This is a delay from the original estimated completion date of December 31, 2019.

During the negotiations with the Southport container terminal operators in 2015 and 2016, leaseholds that accounted for the land required for the SPTNE construction were agreed to by all parties. However, those leaseholds were not optimal due to the need to reduce the size of both the Florida International Terminal, LLC (FIT), and King Ocean Services Limited (Cayman Islands) Incorporated (King Ocean) leaseholds.

On October 12, 2018, representatives from Crowley, FIT, and King Ocean met with Port staff to propose modifying their respective leasehold parcels to better accommodate their operations during the construction of the SPTNE. It was agreed that separate sunshine negotiations would be held with each terminal operator. This agenda item addresses Crowley. Separate agenda items address FIT and King Ocean.

Sunshined negotiations were held with Crowley on November 7, 2018, to discuss a Second Amendment to the Marine Terminal Lease and Operating Agreement, including representatives for Crowley, Port Everglades staff, and the Office of the County Attorney.

The major elements of the proposed Amendment terms are as follows:

  • Consolidation of the two separate parcels into a single 78-acre parcel with an effective date of March 1, 2019 (see  Exhibit 5)
  • The Minimum Annual Guaranteed Container Shipmoves for contract years four through seven is reduced from 171,600 to 165,126 shipmoves to account for delays in the SPTNE completion date that affect berth and crane availability
  • County will provide Crowley with a one-time lump sum rent credit in the amount of $735,000 to compensate Crowley for the permanent improvements to the non-contiguous 4.2-acre parcel being surrendered and being made part of King Ocean's new Interim Premises, valued at $1.35M (depreciated)  
  • Due to delays in the projected completion date for the SPTNE, the Agreement’s provision granting Crowley the ability to terminate the Agreement if the SPTNE is not completed within six months of the projected completion date is modified to reflect the new completion date of December 31, 2022
Crowley operates the largest container terminal in Port Everglades. In Fiscal Year 2018, Crowley transported 355,211 TEUs (20-foot equivalent units) through the Port, handling more than 37% of the Port's Container Revenue Center cargo volume. This equated to $13,091,139 in revenue.
  
The amendment has been reviewed and approved as to form by the Office of the County Attorney. Signature pages are still being finalized and once received, will be noted in the Monday Night Memo prior to the Commission meeting.
Source of Additional Information

Glenn A. Wiltshire, Deputy Port Director, Port Everglades Department, (954) 468-3504
Jorge Hernández, Enterprise Director of Administration, Port Everglades Department, (954) 468-3501


Fiscal Impact
Fiscal Impact/Cost Summary:
Total revenues for the ten-year agreement are estimated to be $127,122,415 based on the Minimum Annual Guarantees for container shipmoves, building rent, and security fees. Based on Crowley's current level of activity above their Minimum Annual Guarantee, the total revenue is estimated to be $134,208,036 over the ten-year term.
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - Resolution
Exhibit 3 - Notice to Publish
Exhibit 4 - Agreement
Exhibit 5 - Location Map


    

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