HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-073 3rd Amdt to Settlement AgmtTemp. Reso. #13813
July 13, 2022
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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
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July 13, 2022
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("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
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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
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July 13, 2022
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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.
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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
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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