THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTION.
On April 29, 2008 (Item No. 35), the Board approved a Third Amendment to the Agreement between Broward County and Florida East Coast Railway, L.L.C. (FEC) for the operation and maintenance of the Port Everglades railroad track. Motion B of this item also authorized the Port Director to execute, on behalf of Broward County, Third Party User Agreements between the County, FEC, and various rail users utilizing the railroad track and services from FEC.
Pursuant to Section 5 of the Third Amendment to the Agreement, each Third Party User Agreement requires rail users to pay the County a fee of $25 per loaded rail car shipped to or from the rail track. On June 9, 2008, the Port Director executed a Third Party User Agreement between the County and Florida East Coast Railway, L.L.C. (FEC), and Motiva Enterprises LLC providing for the shipment and delivery of Fuel Grade Ethanol utilizing the rail facilities. In addition to these fees, the Third Amendment to the Agreement also requires the FEC to pay the County $25 for every loaded rail car in excess of 1,500. The fees are to be held by the County and used to defray costs associated with maintenance of the rail crossing system. A new unit has been established in the Port Operating Fund to facilitate the tracking of these revenues and associated maintenance expenses as they are incurred.
The Resolution adopted as Exhibit 1 recognizes the rail fees due from the FEC and Motiva Enterprises LLC for ethanol rail activity occurring from July 1, 2013 to December 13, 2013. |