City of Coconut Creek - File #: RES 2022-158

• 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

Date	Action By	Action	Result
8/25/2022	City Commission

AGENDA ITEM REPORT
TITLE:
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.

body
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 mut...