Broward County Commission Regular Meeting
Director's Name: Joseph Morris
Department: Port Everglades Division: Business Development
Information
Requested Action
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(This is the first of two required public hearings. The second public hearing will be held on September 10, 2026.)
MOTION TO APPROVE Marine Terminal Lease and Operating Agreement among Broward County, as lessor, H.T. Shipping, Inc., as lessee, and Hybur Ltd., as guarantor, for a 6.97-acre marine terminal in the Midport area of Port Everglades, with a term retroactively commencing on July 1, 2026, for a term of ten years with one five-year renewal option term.
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Why Action is Necessary
Pursuant to Chapter 94-429, Laws of Florida, and Section 32.5 of the Broward County Administrative Code, two Public Hearings are required.
What Action Accomplishes
Allows for the consideration of the Marine Terminal Lease and Operating Agreement among Broward County, as lessor, H.T. Shipping, Inc. (“H.T. Shipping”), as lessee, and Hybur Ltd. (“Hybur”), as guarantor. This is the first of two Public Hearings. The second public hearing will be held on September 10, 2026. No action is required on this motion.
Goal Related Icon(s)
Yes County Commission
N/A Go Green
N/A MAP Broward
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 “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.”
H.T. Shipping has operated a 6.97-acre marine terminal in the Midport area of Port Everglades since 1995 (see Exhibit 2). On May 10, 2011 (Item No. 1-PH), the Board approved H.T. Shipping’s most recent Marine Terminal Lease and Operating Agreement, which established a ten-year term, commencing on July 1, 2011, with one five-year renewal option. On January 26, 2021 (Item No. 5), the Board approved the First Amendment to the agreement, implementing the five-year renewal option and extending the agreement through June 30, 2026.
H.T. Shipping advised Port staff of its interest in continuing to operate a marine terminal at the same location it had occupied since 1995. A number of fact-finding meetings were held by Port staff with H.T. Shipping to discuss their current operations and future business plans for the terminal leasehold in advance of negotiations.
A sunshined negotiation meeting was held with H.T. Shipping on May 6, 2026, to discuss the terms of a new Marine Terminal Lease and Operating Agreement. Participants included representatives from H.T. Shipping, Port Everglades staff, and the Broward County Attorney’s Office. Pursuant to Section 315.18, Florida Statutes, the meetings were closed to the public. The prior lease agreement expired on June 30, 2026, but H.T. Shipping remains on the premises with County’s consent while Board action is taken on the new agreement.
A separate item is on the agenda recommending that the Board waive the competitive selection requirements in Section 32.4.h of the Broward County Administrative Code for good cause.
The primary business terms of the proposed new agreement (the “Agreement”) are:
• Term: An initial term retroactively beginning on July 1, 2026, and ending on June 30, 2036, with one five-year renewal option term contingent upon the parties agreeing to specific economic terms that would apply to the extension term.
• Leasehold: Leasehold will remain at 6.97 acres.
o Adjoining Land: If any portion of the parking lot immediately south and adjacent to the leasehold becomes available for lease during the term, the Port Everglades Department shall provide H.T. Shipping with written notice thereof. The parties shall then commence discussions regarding the possible leasing of such additional acreage. County shall have sole and absolute discretion with respect to whether to enter into any such amendment and the terms thereof.
o Relocation: County may require H.T. Shipping to relocate to different, additional, or reduced areas within the Port upon at least 365 days’ written notice, at County expense, with corresponding proportional adjustments to rent and MAG obligations.
• Land Rent: Land rent will be $1.4935 per square foot for Lease Year 1 and will increase annually thereafter by the greater of the Miami/Fort Lauderdale Consumer Price Index (“CPI”) or 3%, capped at 4%.
• Minimum Annual Guarantee (“MAG”): For each year during the Initial Term, H.T. Shipping guarantees cargo wharfage payments based on 140,000 short tons of throughput, at the prevailing container cargo wharfage rate provided in Port Everglades Tariff No. 12, Item No. 535 (currently $4.052 per ton).
• MAG Shortfall: Within forty-five (45) days after the end of each Lease Year, County shall invoice H.T. Shipping for any MAG Shortfall, if any, for that Lease Year. H.T. Shipping shall pay the invoiced amount within ninety (90) days after the end of the applicable Lease Year.
• Marine Services: Marine services will continue to be billed in accordance with Port Everglades Tariff No. 12 fees. However, all charges invoiced by County to H.T. Shipping for container crane rental fees pursuant to Item No. 710 of the Tariff, as amended, shall be subject to a fifteen percent (15%) discount.
• Preferential Berthing and Crane: County will provide H.T. Shipping with use of Berth 16 and one container gantry crane on a preferential basis upon timely receipt of the required Berth Application and/or Gantry Crane Order, provided that such use is not precluded by prevailing cruise vessel operations. If H.T. Shipping is required to conduct vessel operations during overtime hours (5:00 PM to 8:00 AM) due to berth unavailability associated with cruise vessel operations, crane usage during such overtime hours will be billed at straight time container gantry crane rental rates.
• Maintenance: A new Exhibit is added to clearly define the distribution of leasehold maintenance and repair responsibilities between the County and H.T. Shipping.
• Security Deposit: Increases from $87,500 in the prior agreement to $141,820 in Lease Year 1, and thereafter will be adjusted annually to an amount equal to 25% of the MAG.
• Guarantor: In consideration of County entering into this Agreement with H.T. Shipping, Hybur absolutely, irrevocably, and unconditionally guarantees to County the full and timely payment, performance, and observance of all obligations, covenants, agreements, liabilities, and conditions required to be paid, performed, or observed by H.T. Shipping under the Agreement.
H.T. Shipping remains one of the most efficient and productive marine terminals at Port Everglades. Over the past ten Fiscal Years, H.T. Shipping has handled more than 3.13 million short tons of cargo, generating approximately $39 million in revenue for Port Everglades. In Fiscal Year 2025 alone, H.T. Shipping handled 321,011 short tons of cargo.
By the end of the term, the economic impact of the proposed Agreement is estimated to support 500 total jobs, of which 173 are direct jobs, 167 are indirect jobs, and 160 are induced jobs. A total of $51,323,000 in annual personal income is expected to be generated from these jobs. The annual impact on business services revenue is projected to be approximately $75,622,000. State and local taxes of $5,356,000 are expected to be generated annually. The economic impact is based on the MAG and will increase for any shipmoves exceeding the MAG (see Exhibit 3).
The Notice of Public Hearing for this public hearing was published twice (August 10, 2026, and August 17, 2026) pursuant to the applicable provisions of Chapter 94-429, Laws of Florida.
The Agreement has been reviewed and approved as to form by the Office of the County Attorney.
Source of Additional Information
Jorge A. Hernández, Director of Business Development, Port Everglades Department, (954) 468-3501
Stacie Warren, Real Property Administrator, Business Development, Port Everglades Department, (954) 468-3706
Fiscal Impact
Fiscal Impact/Cost Summary
The total guaranteed revenue from the Effective Date through the term of the Agreement is estimated to be $11,701,557, including land rent and MAG payments. Any throughput exceeding the MAG will generate additional revenue.