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2017 March April Marina World

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City of Antibes FRENCH

City of Antibes FRENCH REPUBLIC DEPARTEMENT OF ALPES-MARITIMES ARRONDISSEMENT OF GRASSE VILLE D’ANTIBES Notice of the awarding of a public contract AGREEMENT CONCERNING THE PUBLIC PORT SERVICE DELEGATION CONTRACT FOR THE OPERATING, MANAGING AND MAINTENANCE OF THE PLEASURE-BOAT HARBOUR PORT GALLICE SECTION I: DELEGATING AUTHORITY I.1) Name and address Ville d’Antibes Juan-les-Pins – DGA Ressources Prospective - Hôtel de Ville - Cours Masséna - BP 2205 - 06600 Antibes - France. General address of the delegating authority: http://www.antibesjuanlespins.com/. I.2) Nature of the delegating authority Commune d’Antibes-Juan les Pins. (Municipality) SECTION II: PURPOSE OF PUBLIC SERVICE DELEGATION CONTRACT II.1) Title of the public service delegation contract Agreement for the operating, managing and maintenance of the pleasure-boat harbour PORT GALLICE. II.2) Text whose application governs the agreement The awarding of operating agreements is governed by the procedure set out in articles L. 1411-1 and those which follow in the Code Général des Collectivités Territoriales (French local government code of practice). II.3) Purpose of the delegation The Town (Ville) has decided to entrust a subcontractor with the carrying out of activities destined to meet the needs of the public port service. Duration: The current operating agreement covers a period of 15 years. It will take effect on 1st January 2018 and will end on 31st December 2032. Main place of implementation: 06600 Antibes-Juan les Pins. NUTS Code: FR823. II.4) Information on the estimated total amount of the agreement 85 111 K€. II.5) CPV Classification 63721000-9 « Port and waterway operation services and associated services ». SECTION III: PROCEDURE III.3) Awarding criteria The offers were analysed by taking into account the following criteria: – Quality of service rendered and means employed to this end (evaluated in particular with regard to service quality combined with new technologies; commitment in favour of sustainable development; activities and appeal of the port; strict compliance with rules on social issues, in particular regarding crews); – Quality of installations and works proposed, in terms of practicality and architectural considerations, with all the ensuing investments (evaluated in particular with regard to landscape and environmental integration and the future new port, especially in liaison with the old town); – Economic stability of the delegation (evaluated in particular with regard to the operating estimates and their reliability and the different rates offered) and the amount of the proposed payouts to the municipality; SECTION IV: AWARDING OF DELEGATION OF PUBLIC SERVICE IV.1) Date of the signature of the agreement by the delegating authority The town council approved the choice of delegatee and authorised the Mayor to sign the operating agreement on 17th December 2016, and the aforementioned agreement was signed on 29th December 2016. IV.2) Name and address of the economic operator in favour of whom a decision to award the public service delegation has been taken La SAS GALLICE 21, Boulevard Baudoin port Gallice, à ANTIBES 06600 SECTION V: ADDITIONAL INFORMATION Once signed, public contracts and documents pertaining to these are considered as administrative documents which can be communicated. This right to obtain information, benefitting not only the companies not selected but also any other person who makes the request, must however be exercised with due respect for confidentiality regarding industrial and commercial matters. V.3) Appeal procedures V.3.1) The authority in charge of appeal procedures Tribunal administratif de Nice - 33, boulevard Franck-Pilatte - 06359 Nice - E-mail : greffe.ta-nice@juradm.fr - Tél. +33 (0)4-92-04-13-13 – Fax: +33 (0)4-93-55-78-81 - URL : http://nice.tribunal-administratif.fr. V.3.2) Introduction of appeals -contractual emergency interim proceedings: L. 551-15 of the Code de justice administrative (the French Code of Administrative Justice) Deadline for introducing the appeal: one can have recourse to the law at the latest on the thirty-first day following the publication of this notice (art. R. 551-7 of the Code de justice administrative). V.4) Send date of this notice: 17 January 2017. SECTION VI: CONSULTATION OF THE AGREEMENT VI.1) Department in which the agreement can be obtained or consulted Direction de la Commande publique - Service des Activités déléguées, Bâtiment “Orange bleu “ 4ème étage - 11, Boulevard Chancel - 06600 Antibes E-mail : commandepub-act.deleguees@ville-antibes.fr - Tel. +33 (0)4-92-90-52-76 - Fax: +33 (0)4-92-90-54-55 - URL : http://www. antibesjuanlespins.com.

NEWS FOCUS “Brewer has got a bunch of really great folks.” For many boaters, the Brewer name means consistent and personal yard service across properties. As Domenie stated in the abovementioned article, “When someone comes to Brewer Dauntless [where Domenie was manager], I don’t look at them as Deep River customers, I look at them as Brewer customers from Deep River. I take care of them as I would one of my own customers.” “We inherited an incredible legacy and a remarkable brand with Brewer and feel fortunate to be stewards of that brand,” Underwood added. “We have every intention of preserving it. It would be hard to say we could ‘improve’ upon that because Jack and his team have done such an incredible job developing best-inclass service for boaters in New England.” When pressed, Underwood admitted Safe Harbor could definitely increase the size of the network that Brewer boaters can access. Safe Harbor has already branded five more marinas from its existing portfolio as “Brewer” yards and the new regional managers will guide those newly branded yards into the world of service. In return, the existing BYY managers will learn from the Safe Harbor team some sophisticated financials. The portfolio As the company name implies, Safe Harbor Marinas is clearly focused on limiting its financial liability. (‘Safe harbor’ is a legal term that denotes a provision that protects management from liability for making financial projections and forecasts in good faith). By diversifying its property Covering 50 acres (20ha), Brewer Pilots Point Marina in Westbrook, Connecticut, offers 870 slips tucked around three yards. portfolio, the company protects itself from some of the regional whims of marina ownership. “Our portfolio in North America is incredibly diversified,” Underwood stated. “We are already seeing the benefits of that national footprint with less exposure to any particular geographic weather or economic event. Trends in migration throughout the country don’t affect us as much as they would for someone regionally based. We have much greater stability.” He paused. “One plus one equals three.” Jack Brewer had a little more to say about it. “The complications today of being in business…it’s more difficult than it was 10 years ago,” he said. “Permitting, dredging, real estate, personal property taxes. It’s not as easy as it used to be.” “Being part of a larger organisation will be helpful. We do things better jointly than we did by ourselves,” he added. As for his role as the new CEO during this acquisition, Underwood said, “My over arching objective is to build a company that is worthy of the legacy they have built that continues to serve boaters in the US on a larger scale, consistent with the excellent service, going back as many as 50 years. That’s my meta goal. “We don’t want to manage just a one-off marina. We want to manage with excellence from every level of the organisation,” Underwood concluded. “We see lots of opportunity to grow the organisation here in North America.” MLP or REIT? A Master Limited Partnership (MLP) is similar to a Real Estate Investment Trust (REIT) in that both focus on investing in diversified portfolios. US marina industry professionals are likely familiar with CNL Lifestyle Properties, a REIT that recently sold many of its marina properties, several of which are now owned by Safe Harbor. Not incidentally, Safe Harbor CEO Baxter Underwood worked with CNL for nine years and considers the acquisition of these properties as something of a “homecoming.” Much of the following information is taken from Investopedia. According to that site, the two entities differ in how they operate and how they are regulated. An MLP exists in the form of a publicly traded limited partnership with two types of partners: limited partners and general partners. The former are considered investors who purchase units (or shares) in the MLP to provide capital for operations. The latter manage the day-to-day operations and receive compensation. A REIT, on the other hand, is more of a security and vehicle for real estate investment (comparable to a mutual fund). This type of security invests in real estate through owning the properties or owning the mortgages. REITs own, and in some cases operate, commercial properties such as apartment complexes, hospitals, office buildings, timber land, warehouses, hotels and shopping malls. MLPs are more common in the energy industry, such as oil and gas, but are also growing within real estate investment. While MLPs must earn 90% of their income from qualifying activities related to natural resources, American Infrastructure MLP Funds (or AIM) - the group that includes Safe Harbor Marinas - makes a strong case for broadening its portfolio with real estate. www.marinaworld.com - March/April 2017 25

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