File #: RES 2022-158    Name: 3rd Amendment to Resource Recovery Asset Settlement Agreement
Type: Resolution Status: Passed
File created: 6/23/2022 In control: City Commission
On agenda: 8/25/2022 Final action: 8/25/2022
Title: A RESOLUTION AUTHORIZING THE MAYOR, OR DESIGNEE, TO EXECUTE THE THIRD AMENDMENT TO THE RESOURCE RECOVERY ASSET LITIGATION SETTLEMENT AGREEMENT TO PROVIDE FOR EXTENSIONS IN THE TIME PROVIDED TO SELL THE ALPHA 250 PROPERTY.
Sponsors: City Attorney
Indexes: Amendment, Litigation, Resolution, Resource Recovery Board, Settlement, Solid Waste
Attachments: 1. RESOLUTION 2022-158-Third Amdmt-Resource Recovery Settlement Agrmt, 2. EXHIBIT A-Third Amdmt-Resource Recovery Settlement Agrmt, 3. BACKUP-Resolution 2015-114 (Resource Recovery Settlement Agrmt), 4. BACKUP-Resolution 2016-164 (1st Amdmt-Resource Recovery Settlement), 5. BACKUP-Resolution 2018-234 (2nd Amdmt-Resource Recovery Settlement), 6. BACKUP-Fully Executed Alpha 250 Extension to 2020, 7. BACKUP-Fully Executed Alpha 250 Extension to 2021, 8. BACKUP-Fully Executed Alpha 250 Extension to 2022

AGENDA ITEM REPORT

TITLE:

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A RESOLUTION AUTHORIZING THE MAYOR, OR DESIGNEE, TO EXECUTE THE THIRD AMENDMENT TO THE RESOURCE RECOVERY ASSET LITIGATION SETTLEMENT AGREEMENT TO PROVIDE FOR EXTENSIONS IN THE TIME PROVIDED TO SELL THE ALPHA 250 PROPERTY.

 

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BACKGROUND:

In June 2015, Broward County and twenty-one (21) cities and towns, including the City of Coconut Creek, entered into a settlement agreement to dispose of the litigation styled City of Sunrise, et al. v. Broward County, 17th Judicial Circuit Court Case No. CACE-013-015660 (hereinafter “settlement agreement”). As part of the settlement agreement, the parties contemplated a timeframe within which to sell a land-asset that was jointly owned by the parties, commonly known as the Alpha 250 property.

DISCUSSION:

Since that time, the parties to the litigation agreed to engage the services of an expert to study the ways in which the County could reach its 75% County-wide recycling goal, discern the impacts of retaining public ownership of the Alpha 250 property and the effects that would have on the recycling goal, and overall, to analyze the County-wide solid waste disposal plan and other general solid waste disposal issues that might be identified through the study. In June 2016, through the first amendment to the settlement agreement, the parties extended the timeframe to sell the Alpha 250 property to October 11, 2018, in order to complete the study. The study became final in August 2018. The second amendment to the settlement agreement extended the timeframe to sell the Alpha 250 property to October 11, 2019, with three (3) further extensions of up to one (1) year to October 11, 2022. In late 2019, the County, the Settling Municipalities, and other municipalities established a Solid Waste Working Group ("SWWG"), a group of elected municipal and county officials, to jointly develop recommendations for a regional solid waste management system based on shared principles and commitments, including a mutually agreed governance structure. The third amendment to the settlement agreement provides for an additional extension of such time to October 11, 2023, to provide the SWWG additional time to conduct its work and give the parties additional time before final action is taken with regard to the Alpha 250 property, and contemplates a maximum of three (3) further extensions of up to one (1) year, provided that any such additional extension is approved in writing by the County Administrator and the Mayors of Coconut Creek, Fort Lauderdale, Hollywood, Miramar, Sunrise, and Weston.

 

 

RECOMMENDATION:

Staff recommends approval of this resolution.

FISCAL IMPACT:  N/A