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HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-073 3rd Amdt to Settlement AgmtTemp. Reso. #13813 July 13, 2022 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2022 - 0'13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE THIRD AMENDMENT TO THE SETTLEMENT AGREEMENT WITH BROWARD COUNTY FOR THE LITIGATION STYLED CITY OF SUNRISE ET. AL. VS. BROWARD COUNTY; AUTHORIZING THE EXECUTION THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Broward County (the "County") and several Broward municipalities entered into a Settlement Agreement to settle the litigation styled City of Sunrise et. al. vs. Broward County, 17th Judicial Circuit Court Case No. CACE-013-015660 (the municipalities defined in the Settlement Agreement as the Settling Municipalities shall be collectively referred to herein as the "Settling Municipalities"); and WHEREAS, on May 13, 2015, the City Commission of the City of Tamarac (the "City") adopted Resolution No. R-2015-39 authorizing the settlement of the litigation styled City of Sunrise, et. al. vs. Broward County; authorizing the City Manager to execute a Settlement Agreement with Broward County; and authorizing the City Manager to execute a Settlement Proceeds Distribution Agreement with the settling municipalities, a copy of Resolution No. R-2015-39 is incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, the Settlement Agreement provided for the County and the Settling Municipalities to agree to use their best efforts (and to take all reasonable steps) to sell the parcel of land known as Alpha 250, as further described in the Settlement Agreement Temp. Reso. #13813 July 13, 2022 Page 2 of 5 ("Alpha 250"); and WHEREAS, the Settlement Agreement was Amended to allow for a joint independent study regarding several issues related to how to reach a County -wide 75%, whether retaining public ownership of Alpha 250 would facilitate the recycling goal or would provide other benefits in connection with solid waste disposal within Broward County, and the formation of a regional solid waste management system; and WHEREAS, on July 13, 2016, the City Commission adopted Resolution No. R- 2016-77, approving the First Amendment to the Settlement Agreement, to delay the sale of Alpha 250, a copy of Resolution No. R-2016-77 is incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, consistent with the First Amendment to the Settlement Agreement, the County Administrator and six designated mayors (the "Mayors") provided Written Approval of Extension of Sale Delay Period Under First Amendment to Settlement Agreement until October 11, 2018, that further extended the sale delay period until October 11, 2018; and WHEREAS, in August 2018, at the conclusion of the joint independent study the County and the Settling Municipalities desired to amend the Settlement Agreement to further extend the Sale Delay Period until October 11, 2019, and which was subsequently extended for the three (3) additional one-year periods provided for by the Second Amendment to the Settlement Agreement, which was approved by the City Commission of the City of Tamarac via Resolution No. R-2018-140, dated October 24, 2018, incorporated herein by reference and on file in the Office of the City Clerk; and Temp. Reso. #13813 July 13, 2022 Page 3 of 5 WHEREAS, the current delay period is set to expire on October 11, 2022, and to provide additional time to develop, establish, and implement a regional solid waste management system that is based upon a long-term comprehensive plan to provide for efficient, effective, and environmentally sensitive means by which to dispose of solid waste, yard waste, and recyclable materials, the proposed Third Amendment to the Settlement Agreement is required to further amend the Settlement Agreement to extend the Sale Delay Period for Alpha 250, a copy of the Third Amendment to the Settlement Agreement is hereto attached as "Exhibit 1 "; and WHEREAS, the Acting Director of Public Services and the Acting Assistant Director of Public Services recommend the City Commission of the City of Tamarac approve the Third Amendment to the Settlement Agreement, and authorize the appropriate City Officials to execute said Amendment; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve and execute the Third Amendment to the Settlement Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All Exhibits attached hereto are incorporated herein and made a Temp. Reso. #13813 July 13, 2022 Page 4 of 5 specific part hereof. SECTION 2: The City Commission HEREBY approves and authorizes the Third Agreement to the Settlement Agreement, attached hereto as "Exhibit 1 ". SECTION 3: The City Manager is HEREBY authorized to execute the Third Amendment to the Settlement Agreement with the County, together with such non - substantial changes as are acceptable to the City Manager and approved as to form and legal sufficiency by the City Attorney. SECTION 4: The appropriate City officials are HEREBY authorized to execute all necessary documents and to take any necessary action to effectuate the intent of this Resolution. SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. "The remainder of this page is left blank intentionally" Temp. Reso. #13813 July 13, 2022 Page 5 of 5 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this )Sly" -day of 2022. ATTEST: KIMBERL.Y DILLON, CMC ACTING CITY CLERK kl� 9N --- [MICHELLE J. CZrMEZ MAYOR RECORD OF COMMISSION VOTE. - MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: V/M GELIN DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. JO N R. HERI , JR. CITY ATTORNEY— THIRD AMENDMENT TO SETTLEMENT AGREEMENT BETWEEN BROWARD COUNTY AND SETTLING MUNICIPALITIES This is a Third Amendment ("Third Amendment") to the Settlement Agreement by and between Broward County, Florida, a political subdivision of the State of Florida ("County"), and the Cities of Sunrise, Weston, Hollywood, Fort Lauderdale, Lauderhill, Lighthouse Point, Tamarac, Plantation, Coconut Creek, Deerfield Beach, Miramar, Margate, Cooper City, North Lauderdale, Coral Springs, and Wilton Manors, and the Towns of Lauderdale -By -The -Sea, Davie, Southwest Ranches, and Hillsboro Beach, and the Village of Sea Ranch Lakes (each individually, a "Settling Municipality"; and collectively, the "Settling Municipalities") (each of the foregoing is sometimes referred to as a "Party" or collectively as the "Parties"). RECITALS A. In June 2015, the County and the Settling Municipalities entered into a settlement agreement to settle the litigation styled City of Sunrise, et al. v. Broward County, 17th Judicial Circuit Court Case No. CACE-013-015660 (the "Original Settlement Agreement"). B. The Original Settlement Agreement provided for the County and the Settling Municipalities to sell the parcel of land known as Alpha 250, as further described in the Original Settlement Agreement ("Alpha 250"). C. The cities of Lauderdale Lakes, West Park, and Oakland Park, and the Town of Pembroke Park, all municipal corporations (each individually, a "Consenting Municipality"; and collectively, the "Consenting Municipalities"), did not join the above -referenced litigation or the Original Settlement Agreement but instead entered into Interloca) Agreements Regarding Distribution of Solid Waste Disposal District Assets with the County, pursuant to which they have received and will receive their respective pro rata shares of proceeds distributed under the terms of the Original Settlement Agreement, including their respective shares from any sale of Alpha 250. D. Subsequent to the effective date of the Settlement Agreement, the Parties entered into two amendments thereto, extending the sale date of Alpha 250 through and including October 11, 2022 (the Original Settlement Agreement and two amendments thereto are collectively referred to as the "Settlement Agreement"). E. 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. F. The County and the Settling Municipalities desire to further amend the Settlement Agreement to extend the Sale Delay Period for Alpha 250 and provide the SWWG additional time to conduct its work. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Third Amendment shall retain the meaning ascribed to such terms in the Settlement Agreement. 2. Notwithstanding any provision to the contrary in the Settlement Agreement, the Parties hereby agree to extend the Sale Delay Period (as defined in the Settlement Agreement) until October 11, 2023. The Sale Delay Period may be further extended for up to three (3) additional periods, each for up to one (1) year, provided that any such additional extension be approved in writing by the County Administrator on behalf of County, and the Mayors of the Cities of Coconut Creek, Fort Lauderdale, Hollywood, Miramar, Sunrise, and Weston (collectively, the "Mayors"), on behalf of the Settling Municipalities. 3. This Third Amendment shall be approved by the Parties in the following manner: a. Once executed by the County Administrator, this Third Amendment shall be presented for approval at public Commission/Council meetings at each of the Settling Municipalities and Consenting Municipalities (County shall communicate this requirement to the Consenting Municipalities). b. By October 7, 2022, this Third Amendment shall: (1) be approved and executed by all Settling Municipalities; and (2) be consented to by each of the Consenting Municipalities either through a separate written instrument between County (by and through the County Administrator) and each of the Consenting Municipalities in which each of the Consenting Municipalities agrees to the terms of the Third Amendment, or a resolution adopted by the Commissions/Councils of the Consenting Municipalities agreeing to the terms of this Third Amendment. The October 7, 2022, deadline may be extended by the County Administrator and five (5) of the Mayors listed in paragraph 2 above for: (i) up to an additional twenty-one (21) days for any reason or (ii) up to an additional forty-five (45) days provided at least two-thirds (2/3) of the Settling Municipalities have approved this Third Amendment. 4. This Third Amendment shall be effective on the date of the last approval and execution of this Third Amendment by a Settling Municipality, or the date of the last execution of a written instrument reflecting the consent of a Consenting Municipality, whichever occurs last. Third Amendment to Settlement Agreement 12 5. Except as otherwise revised in this Third Amendment, the terms and conditions of the Settlement Agreement shall remain in full force and effect. In the event of any conflict or ambiguity between this Third Amendment and the Settlement Agreement, the Parties agree that this Third Amendment shall control. The Settlement Agreement, as amended herein by this Third Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Settlement Agreement as amended in this Third Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 6. The preparation of this Third Amendment has been a joint effort of the Parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against any Party. In the event a portion of this Third Amendment is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective and the Parties (and all Consenting Municipalities) agree to negotiate in good faith to modify that portion of this Third Amendment in a manner designed to effectuate the original intent of the Parties. 7. This Third Amendment may be executed in multiple originals, and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement (The remainder of this page is intentionally left blank.) Third Amendment to Settlement Agreement 1 3 IN WITNESS WHEREOF, the Parties have made and executed this Third Amendment to the Settlement Agreement on the respective dates under each signature: BROWARD COUNTY, signing by and through its County Administrator, duly authorized to execute same by Board action on the 14th day of June, 2022, and each of the Settling Municipalities, signing by and through their respective Mayors or other representatives duly authorized to execute same. COUNTY BROWARD COUNTY, by and through its County Administr r By County Adininistrator ht'day of ��1� 20ic C,O M M 1 ti Z CREATED R' Approved as to form by OCT 15t 2 Andrew J. Meyers U % 0, Broward County Attorney �'. ••✓9 O COUNT v �`� •' 115 South Andrews Avenue, Suite 423 '�, • • • • Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Dlgltally signed by Matthew Matthew Haber Haber By Date: 2022.06.16 15:18:04-04'00' Matthew Haber (Date) Assistant County Attorney M H/tb Third Amendment to Settlement Agreement 06/01/22 Third Amendment to Settlement Agreement 14 THIRD AMENDMENT TO SETTLEMENT AGREEMENT BETWEEN BROWARD COUNTY AND SETTLING MUNICIPALITIES ATTEST: Muni46�Cl rk • __ • c :- . PP'g63 �9 SETTLING MUNICIPALITY MUNICIPALITY: City of Tamarac By: MaOlAuthorized Repre&ntative Print Name/Title day of 1 U Ly _, 20`- I HEREBY CERTIFY that I have approved this Agreement as to form and legal sufficiency to execution by thg parties: Attorney Third Amendment to Settlement Agreement 15