Broward County Commission Regular Meeting
Director’s Name: Joseph M. Morris
Department: Port Everglades Division: Business Development
Information
Requested Action
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(This is the second of two required public hearings. The first public hearing was held on October 22, 2024)
A. MOTION TO APPROVE Amendment No. 1 to Lease Agreement between Broward County and the United States of America for real property located at 3700 McIntosh Road, Hollywood, Florida, consisting of approximately 34,783.1 square feet of land and improvements at Port Everglades, to extend for an additional one-year term, retroactively commencing on October 1, 2024, with 14 automatic one-year renewal terms; and authorize the Mayor and Clerk to execute same.
ACTION: (T-11:15 AM) Approved. (Refer to minutes for full discussion.)
VOTE: 9-0.
B. MOTION TO APPROVE Amendment No. 1 to Lease Agreement between Broward County and the United States of America for real property located at 1801 Eller Drive, Hollywood, Florida, consisting of approximately 70,373.7 square feet of land and improvements at Port Everglades, to extend for an additional one-year term, retroactively commencing on October 1, 2024, with 14 automatic one-year renewal terms; and authorize the Mayor and Clerk to execute same.
ACTION: (T-11:15 AM) Approved. (Refer to minutes for full discussion.)
VOTE: 9-0.
C. MOTION TO APPROVE Amendment No. 1 to Lease Agreement between Broward County and the United States of America for real property located at 4325 McIntosh Road, Hollywood, Florida, consisting of approximately 34,443.3 square feet of land and improvements at Port Everglades, to extend for an additional one-year term, retroactively commencing on October 1, 2024, with 14 automatic one-year renewal terms; and authorize the Mayor and Clerk to execute same.
ACTION: (T-11:15 AM) Approved. (Refer to minutes for full discussion.)
VOTE: 9-0.
D. MOTION TO APPROVE Amendment No. 1 to Lease Agreement between Broward County and the United States of America for real property located at 2090 SE 42nd Street, Hollywood, Florida, consisting of approximately 43,485.1 square feet of land and improvements at Port Everglades, to extend for an additional one-year term, retroactively commencing on October 1, 2024, with 14 automatic one-year renewal terms; and authorize the Mayor and Clerk to execute same.
ACTION: (T-11:15 AM) Approved. (Refer to minutes for full discussion.)
VOTE: 9-0.
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Why Action is Necessary
Pursuant to Section 32.5. of the Broward County Administrative Code, the County must hold two Public Hearings before any Port Everglades property outside the Restricted Use Zone can be leased for a term in excess of ten years.
What Action Accomplishes
Approves Amendment No. 1 for four Lease Agreements between Broward County and the United States of America for the U.S. Customs and Border Protection (“CBP”) to continue to provide and operate radiation portal monitors at three locations in Port Everglades, and one location where CBP provides cargo inspection services.
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Previous Action Taken
The first public hearing was held on October 22, 2024 (Item No. 53).
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This action supports the Broward County Board of County Commissioners’ (“Board”) Value of “Building partnerships and working collaboratively with others to meet shared objectives,” and the Goal of “Ensuring economic opportunities and a sustainable economy, with an emphasis on Broward’s lower and middle class.”
The U.S. Customs and Border Protection (“CBP”) currently occupies three sites at Port Everglades equipped with radiation portal monitors (“RPMs”) operated by CBP to provide container inspection services. These sites are located on northbound McIntosh Road (34,783.1 SF), just after the exit from Southport; on Eller Drive (70,373.7 SF), just before the Eller Drive exit; and in Southport (34,443.3 SF), at the international entrance to the Intermodal Container Transfer Facility (“ICTF”) (see Exhibit 1). The total area occupied by these sites is approximately 139,600 square feet. The Board previously approved three no-cost leases for these parcels on March 10, 2020 (Item No. 7), all of which expired on September 30, 2024. CBP is currently operating under a holdover period pending approval of these amendments. The land for the RPMs and the associated booth complexes are used for the non-intrusive inspection of imported ocean shipping containers and trailers for radioactive sources before exiting Port Everglades into the commerce of the United States. The amendments extend each of the three leases for an additional one-year term, retroactively commencing on October 1, 2024, with 14 automatic one-year renewal terms unless the United States of America provides written notice at least 30 days in advance of its intent not to renew.
In addition to the three RPM sites, CBP currently occupies 43,485.1 square feet of land in Southport for CBP operations, including the non-intrusive inspection of the cargo contents of imported ocean shipping containers and trailers after arrival at Port Everglades, pursuant to a lease approved by the Board on March 10, 2020 (Item No.7) that expired on September 30, 2024. CBP is currently operating under a holdover period pending approval of this amendment. The amendment extends this lease for an additional one-year term, retroactively commencing on October 1, 2024, with 14 automatic one-year renewal terms unless the United States of America provides written notice at least 30 days in advance of its intent not to renew.
Due to these leases' governmental use and public purposes, rental payments have been waived pursuant to Section 32.6.d of the Broward County Administrative Code. The amendments have been reviewed and approved as to form by the Office of the County Attorney. CBP requires that the County execute the lease amendments before the federal government.
The Notice of First Public Hearing was published twice (October 11, 2024, and October 18, 2024), and the notice for this public hearing will be published twice (November 1, 2024, and November 8, 2024), pursuant to the applicable provisions of Chapter 94-429, Laws of Florida (see Exhibit 6).
Source of Additional Information
Jorge A. Hernández, Director of Business Development, Port Everglades Department, (954) 468-3501
Stacie Warren, Assistant Port Property Manager, Business Development Division, Port Everglades Department, (954) 468-3706
Fiscal Impact
Fiscal Impact/Cost Summary
None. These are no-cost lease agreements for governmental use and public purposes. Thus, the Port will not receive any revenue from these leases. Port staff will carry out the maintenance responsibilities under the leases.