HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-039TR12634
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R 2015-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE SETTLEMENT OF THE
LITIGATION STYLED CITY OF SUNRISE, ET. AL. VS. BROWARD
COUNTY; AUTHORIZING THE MAYOR AND CITY MANAGER TO
EXECUTE A SETTLEMENT AGREEMENT WITH BROWARD COUNTY;
AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A
SETTLEMENT PROCEEDS DISTRIBUTION AGREEMENT WITH THE
SETTLING MUNICIPALITIES; PROVI
PROVIDING FOR SEVERABILITY;
EFFECTIVE DATE.
DING FOR CONFLICTS;
AND PROVIDING FOR AN
WHEREAS, the CITY OF TAMARAC, (the "City") was a party to the November
1986 Interlocal Agreement with Broward County (the "County") for Solid Waste Disposal
Service, as amended (the "Interlocal Agreement"); and
WHEREAS, the Interlocal Agreement provided for the creation of the Broward Solid
Waste Disposal District (the "District") and required the participating governmental entities
to send the solid waste generated within their boundaries to be transported, delivered and
disposed of at designated District waste disposal facilities; and
WHEREAS, the participating governmental entities directed solid waste generated
within their boundaries to be disposed of at the designated District waste disposal facilities;
WHEREAS, the Interlocal Agreement expired on July 2, 2013; and
WHEREAS, Section .15.2 of the Interlocal Agreement provided for the equitable
distribution of the assets and liabilities of the District to the participating governmental
entities and the County upon the expiration of the Interlocal Agreement; and
WHEREAS, the participating governmental entities and the County disagreed as to
the identification and distribution of the assets and liabilities of the District; and
(00057255.1 2704-0501640 )
WHEREAS, the City, together with seventeen other participating governmental
entities, are plaintiffs (the "Plaintiff Municipalities") in the litigation styled City of Sunrise et
al. v Broward County, 17th Judicial Circuit Court Case No. CACE-013-015660 (the
"Litigation"), which seeks a declaration regarding the assets and liabilities subject to
equitable distribution; and
WHEREAS, on January 17, 2014, the parties to the Litigation held a joint public
meeting of elected officials pursuant to Chapter 164, Fla. Stat., and agreed to proceed
with mediation; and
WHEREAS, the Plaintiff Municipalities and the County participated in the
mediation process and initially reached an impasse; and
WHEREAS, thereafter, representatives of the parties to the Litigation entered into
negotiations regarding the terms of a possible settlement; and
WHEREAS, the Plaintiff Municipalities and the County have negotiated a
Settlement Agreement, attached as Exhibit "A", (the "Settlement Agreement") to settle
the Litigation under the terms and conditions set forth in the Settlement Agreement; and
WHEREAS, the Settlement Agreement provides for the County to make certain
payments into a trust account designated by the Plaintiff Municipalities (the "Trust
Account"),
and funds
deposited into the
Trust Account by the County (the "Trust
Account
Funds") are
to be distributed to
the Settling Municipalities pursuant to an
agreement among the Settling Municipalities that provides for pro rata allocation of
expenses and pro rata distribution of funds based upon the 2012 Tonnage Schedule;
and
WHEREAS, in order to implement the Settlement Agreement, the City and the
other participating governmental entities that approve and execute the Settlement
Agreement (collectively, the "Settling Municipalities") have negotiated a Settlement
Proceeds Distribution Agreement, attached as Exhibit "B", (the "Settling Municipalities
Agreement") to provide for the pro rats allocation of expenses and pro rata distribution
of Trust Account Funds under the terms and conditions set forth in the Settling
Municipalities Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Commission of the City of
Tamarac, Florida:
Section 1: The foregoing recitals contained in the preamble to this Resolution
are incorporated by reference herein.
Section 2: The City Commission authorizes the settlement of the Litigation
under the terms and conditions set forth in the Settlement Agreement.
Section 3: The Mayor and City Manager are authorized toeXaGUte the
Settlement Agreement with the County, attached as Exhibit "A " and*- the Settlin
Y g
Municipalities Agreement with the Settling Municipalities, attached as Exhibit "B",
together with such non -substantial changes as are acceptable to the Mayor and City
Manager and approved as to form and legal sufficiency by the City Attorney, including
the addition of the aerial photographs into Exhibits B through E of the Settlement
Agreement.
Section 4: The appropriate City officials are authorized to execute all
necessary documents and to take any necessary action to effectuate the settlement
authorized in this Resolution and the intent of this Resolution.
4
11C
Section 4: That all resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Section 5:
That if any clause, section, or 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.
Section 6: This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED BY THE Cl
FLORIDA THIS 12_ DAY OF
ATT � ST-:.
R
f
PATRICIA TEUFEL, CMC
CITY CLERK
HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
SAMUEL S. GOREN
CITY ATTORNEY
TY COMMISSION OF THE CITY OF TAMARAC,
, 2015.
CITY OF TAMARAC FLORIDA
HARWY DRESSLER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: V/M BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (the "Agreement") is made and entered into as of the
Effective Date (as defined below) by and between Broward County, Florida, a political subdivision
of the State of Florida, (the "County") and the City of Sunrise, the City of Weston, the City of
Hollywood, the City of Fort Lauderdale, the City of Lauderhill, the Town of Lauderdale -By -The —Sea,
the City of Lighthouse Point, the City of Tamarac, the Town of Davie, the City of Plantation, the
City of Coconut Creek, the City of Deerfield Beach, the City of Miramar, the City of Margate, the
City of Cooper City, the City of North Lauderdale, the City of Coral Springs, and the Town of
Southwest Ranches, all political subdivisions of the State of Florida, (individually each is a "Plaintiff
Municipality," collectively, the "Plaintiff Municipalities") and any non -plaintiff municipalities that
were party to the November 1986 Interlocal Agreement with Broward County for Solid Waste
Disposal Service, as amended, (the "Interlocal Agreement") that timely approve and execute this
Agreement (individually each is a "Non -Plaintiff ILA Municipality," collectively, the "Non -Plaintiff
ILA Municipalities") (collectively, the Plaintiff Municipalities and Non -Plaintiff ILA Municipalities
that timely approve and execute this Agreement are the "Settling Mu n ici pal ities").
RECITALS:
WHEREAS, the Interlocal Agreement provided for the creation of the Broward Solid Waste
Disposal District (the "District") and required the participating governmental entities to send the solid
waste generated within their boundaries to be transported, delivered, and disposed of at designated
District waste disposal facilities;
WHEREAS, the participating governmental entities directed solid waste generated within their
boundaries to be disposed of at the designated District waste disposal facilities;
WHEREAS, the tonnage directed to District waste disposal facilities in 2012 by the parties to
the Interlocal Agreement is reflected in the 2012 Tonnage Schedule, attached and incorporated into
this Agreement by this reference as Exhibit "A" (the "2012 Tonnage Schedule");
WHEREAS, the Interlocal Agreement expired on July 2, 2013;
WHEREAS, Section 15.2 of the Interlocal Agreement provided for the equitable distribution of
the assets and liabilities of the District to the participating governmental entities and the County
(including the unincorporated portions of Broward County) upon the expiration of the Interlocal
Agreement;
WHEREAS, the Plaintiff Municipalities and the County disagreed as to the identification and
distribution of the assets and liabilities of the District;
1
WHEREAS, on June 28, 2013, the Plaintiff Municipalities filed a lawsuit against the County in
the litigation styled
City of Sunrise
et. al. v
Broward
County, 17th Judicial
Circuit Court
Case No.
CACE-013-015660
(the "Litigation"),
which
sought a
declaration regarding
the assets and
liabilities
subject to equitable distribution;
WHEREAS, on January 17, 2014, the parties to the Litigation held a joint public meeting of
elected officials pursuant to Chapter 164, Fla. Stat., and agreed to proceed with mediation;
WHEREAS, the Plaintiff Municipalities and the County participated in the mediation process
and initially reached an impasse;
WHEREAS, thereafter, representatives of the parties to the Litigation entered into
negotiations regarding conceptual terms of a possible settlement; and
WHEREAS, the Settling Municipalities and the County desire to fully and finally settle the
Litigation under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the covenants contained herein and for other good
and valuable consideration, the receipt and sufficiency of which is acknowledged and agreed upon,
the parties agree as follows:
1. Recitals: The above recitals are true and correct and are incorporated into this
Agreement by this reference.
2. Real Property:
A. Identification of Properties.
1. South Resource Recovery Site including the Ash Monofill. The South Resource
Recovery Site including the Ash Monofill (which includes property appraiser parcel
numbers 504125200010, 504125200020, and 504125200021, and all property upon
which the south resource recovery facility, including the ash monof i I I, plant, and related
improvements are located), all as depicted in Exhibit "B" attached and incorporated into
this Agreement by this reference (the "Ash Monofill");
2. BIC Landfill. The Broward Interim Contingency Landfill a/k/a Southwest Regional
Landfill, including property appraiser parcel number 513903030010, as depicted in
Exhibit "C" attached and incorporated into this Agreement by this reference (the "BIC
Landfill");
3. Mitigation Properties. All mitigation properties associated with the Ash Monofill
and BIC Landfill, as set forth in the documents attached and incorporated into this
Agreement by this reference as Exhibit "D" (the "Mitigation Properties"); and
2
4. Alpha 250. Alpha 250 North, Parcel E, as shown in the plat for Alpha 250 North,
recorded in Plat Book 180 at page 14 of the Public Records of Broward County, Florida,
as depicted on the aerial attached and incorporated into this Agreement by this
reference as Exhibit "E" ("Alpha 250").
B. Treatment of Properties.
1. County Retained Properties. The Settling Municipalities and the County
acknowledge and agree that the Ash Monofill, BIC Landfill, and the Mitigation
Properties (collectively, the "Retained Properties") are owned and shall continue to be
owned by the County, and the Settling Municipalities renounce any right in and to the
Retained Properties, except as expressly stated in this Agreement and except for any
current, express, contractual right to use any Retained Property for solid waste disposal
for the length of the contractual period.
2. County Use of Retained Properties. As owner of the Retained Properties, the County
has the right to use the Retained Properties and any and all revenues derived therefrom,
to make the Retained Properties available for the use of others (including, for
consideration, under contracts for solid waste disposal), and to convey or dispose of the
Retained Properties (subject to the limitations and terms stated in Section 2(C) of this
Agreement) on the terms and conditions determined by the County in its sole discretion
(subject to any legal prohibitions or requirements).
3. Sale of Alpha 250. The Settling Municipalities and the County agree that Alpha 250
shall be sold (or paid for by the County) subject to the terms and conditions of Section 4
of this Agreement with all proceeds to be distributed as provided in Section 4.
C. Restriction on Sale of BIC Landfill. The County shall not sell the BIC Landfill within 10
years
after the Effective Date (as defined below), except with
the prior
written consent of
each
and every Settling Municipality. Any lease of over 50%
of the
BIC Landfill for a
period exceeding thirty (30) years (including renewal options) shall be deemed to be a
sale. Except with regard to a lease deemed to be a sale as provided in the preceding
sentence, the parties agree that nothing in this Agreement or in any prior agreement
between any of the parties hereto limits the Cou nty's right, at any time, to lease any
portion
of the
BIC
Landfill to generate revenue, provided that any
lease payments
received
within
ten
(10) years after the Effective Date shall be used to
pay for regional
solid waste
disposal
facilities (acquisition,
operation,
maintenance, etc.) or services
including, if
desired
by the County, regional
recycling
services. Within sixty (60) days
3
after the Effective Date, the County shall record, in the Official Real Property Records of
B roward
County,
Florida, a
Memorandum of Settlement Agreement
providing the
Effective
Date and
stating the
terms of this paragraph.
3. Cash Payment to Settling Municipalities: Within 30 days after the Effective Date,
the County shall pay $32,000,000
(Thirty -Two Million Dollars)
less the deductions
stated in Section
3(A) and (B) below ($32,000,000
minus the deductions stated
below is the "Cash
Amount") into a
trust account designated by the Plaintiff Municipalities, which funds shall be distributed as provided
in Section 3(C) below.
A. Unincorporated Area Deduction. The County's pro rata share allocation (1.2871 %)
for the unincorporated area based on the 2012 Tonnage Schedule shall be deducted and
retained by the County.
B. Non -Settling ILA Municipality Deduction. It is anticipated that some or all of the 8
municipalities that were a party to the I nterlocal Agreement that are not a party to the
Litigation will approve and execute this Agreement. For any of these eight municipalities
that do not timely approve and execute this Agreement, and, with regard to the waiver
referenced in Section 11(C) below, for any Plaintiff Municipality that does not timely
approve and execute this Agreement (each is a "Non -Settling ILA Municipality"), their pro
rata share (based on the 2012 Tonnage Schedule) shall be deducted and shall be retained
by the County (nothing herein restricts the County's right, or requires the County, to
distribute any of such funds to any Non -Settling ILA Municipality).
C. Distribution of Cash Amount. The Cash Amount shall be distributed to the Settling
Municipalities pursuant to the terms of a separate agreement among the Settling
Municipalities (which shall provide
for pro rata allocation of
expenses
and pro rata
distribution based upon the 2012
Tonnage Schedule) (the
"Settling
Municipalities
Agreement").
4. Alpha 250 Property Sale:
A. Alpha 250 is currently vacant and undeveloped, and has not been used for any solid
waste disposal purposes. If the County retains Alpha 250, it could potentially be used as a
transfer station. The parties acknowledge that the sale of Alpha 250 contemplated by this
Agreement would
make the
property
unavailable
for use by the
County as a future
transfer
station, although
any purchaser of
the Alpha
250 property
could potentially
put the
property to such use.
El.
B. Removal of Deed Restrictions. Within 45 days after the Effective Date (or at the first
County Commission public hearing thereafter if a delay is necessary due to a County
Commission recess), and in accordance with all public hearing requirements, the County
agrees to remove the deed restrictions placed on Alpha 250 pursuant to the Declaration of
Covenants and Restrictions dated June 4, 2013. Additionally, to the extent practicable, the
County shall work with the Settling Municipalities to address any and all other title
encumbrances or restrictions within the County's control that may negatively impact the
market value of Alpha 250.
C. Sale of Alpha 250. The County and the Settling Municipalities agree to use their
best efforts (and to take all reasonable steps),to sell Alpha 250. The County shall conduct
the sales process by sealed competitive bid to the highest responsive and responsible
bidder, with input (regarding the solicitation specifications) from the Mayors of Fort
Lauderdale, Hollywood, Miramar, Sunrise, and Weston, in accordance with Section 1-4 of
the Broward County Code and applicable state law. The County shall commence the sales
process within 60 days after the Effective Date. To the extent permissible under applicable
law, if a majority of the Mayors of Fort Lauderdale, Hollywood, Miramar, Sunrise, and
Weston notify the County in writing, by email to the County Administrator and Chief
Deputy County Attorney (Bertha Henry at bhen ryga broward.org with a copy to Andrew
Meyers at ameyers@a broward.org), within fifteen (15) business days after the bid opening
that they believe the sales price is inadequate, the County shall reject all bids as being too
low and otherwise not in the best interest of the County. If that occurs, a second and final
sales process shall commence between twelve and eighteen months thereafter (with the
timing determined by the County after consideration of input from the five Mayors). In the
first sales process (unless the majority of the Mayors of Fort Lauderdale, Hollywood,
Miramar, Sunrise, and Weston notify the County that they believe the sales price is too low
as referenced above) and, if applicable, in the second sales process, the County may reject
all bids consistent with applicable law and, instead of selling Alpha 250, agree to pay the
net amount that would have been realized through a sale to the highest responsible and
responsive bidder. Payment of that net sales amount shall fully satisfy the County's
obligations under this Agreement related to the sale of Alpha 250.
D. Payment of Alpha 250 Sales Proceeds. Within 30 days after the County's receipt of
the Alpha 250 sales proceeds (or within 30 days after the County's decision to purchase
Alpha 250 consistent with Section 4(C) above), the County shall pay into a trust account
5
designated by the Plaintiff Municipalities an amount equal to the net proceeds from the sale
(after deducting all sales related expenses, including appraisal costs), minus the County's
pro rata share for the unincorporated areas based on the 2012 Tonnage Schedule (and also
minus the pro rata allocation to any Non -Settling ILA Municipality). The funds paid into the
referenced trust account shall be distributed to the Settling Municipalities pursuant to the
terms of the Settling Municipalities Agreement (which shall provide for pro rata allocation of
expenses and pro rata distribution based upon the 2012 Tonnage Schedule).
E. Wetlands Mitigation Properties. Pursuant to a February 24, 2009 Irrevocable
License Agreement (the "License Agreement") between Broward County and Industrial
Developments International, Inc. ("IDI"), IDI is required to perpetually maintain, at its
expense, the wetlands mitigation properties associated with Alpha 250, which are not part
of the Mitigation Properties identified in Exhibit D. The County shall assign its rights in and
to the License Agreement to any purchaser of Alpha 250, and as part of the purchase
transaction that
purchaser
shall agree
to assume
such maintenance obligation that is
allocable to the
purchased
Alpha 250
parcel to
the extent IDI ceases to perform the
obligation.
5. Solid Waste and ILA related Funds in County's Possession: All remaining solid
waste and Interlocal Agreement related funds currently in the possession of the County, and all
future revenues generated by, resulting from, relating to, or received in connection with the
Retained Properties (and Alpha 250 if the County pays for and retains it consistent with the terms of
this Agreement) or generated by, resulting from, relating to, or received in connection with any
agreement expressly providing for the payment of any sums to the County in connection with solid
waste disposal services or facilities (except to the extent any provision of any such agreement
expressly provides for the payment of any sums to any Settling Municipality), belong to the County
for use by the County as it determines in its sole discretion.
6. Liabilities Related To Use of Retained Properties: Any and all liabilities resulting
from, related to, or in connection with the past, present, or future use of any of the Retained
Properties by any party to this Agreement shall be determined pursuant to applicable federal and
state laws and regulations, including without limitation RCRA, CE RCLA, and Chapters 376 and 403,
Florida Statutes, without regard to any provision in any prior agreement between the County and
that party (including any provision of the Interlocal Agreement or any amendment thereto).
C91
7. Release from Claims: Each Settling Municipality hereby releases the County, and
the County hereby releases each Settling Municipality, from all claims resulting from or arising out
of the Interlocal Agreement (except with regard to any claim for contribution or similar claim based
on any environmental contamination, which shall be addressed consistent with Section 6 above).
This release does not extend to any claim based on any contract currently in effect between the
County and any Settling Municipality related to solid waste disposal.
8. Settlement of Disputed Claims: The Settling Municipalities and the County
acknowledge that this Agreement represents a settlement of disputed claims and is not an
admission by either party of any wrongdoing.
9. Dismissal of Litigation: All Plaintiff Municipalities entering into this Agreement
agree to file a Notice of Voluntary Dismissal with Prejudice in the Litigation within 5 business days
after the County pays the Cash Amount in accordance with Section 3 of this Agreement.
10. Attorney's Fees and Costs: The Settling Municipalities and the County shall each
be responsible for their own respective attorneys' fees and costs (including their own respective
experts' costs) incurred as a result of the Litigation and this Agreement (except that the Settling
Municipalities' respective attorneys' fees and costs, and expert costs, shall be paid by the Settling
Municipalities as provided in the Settling Municipalities Agreement).
11.
Approval
Process;
Conditions Precedent; Effective Date:
A.
Approval
by Five
Plaintiff Municipalities. This Agreement shall be presented for
approval at public Commission meetings held by Fort Lauderdale, Hollywood, Miramar,
Sunrise, and Weston, and these five cities shall vote on the Agreement at public meetings
by March 20, 2015 (or no later than the first City Commission public meeting thereafter if a
delay is necessary due to a City Commission recess). Counsel for these municipalities shall
provide email notice of the outcome of each of these votes to Andrew Meyers at
ameyers@abroward.org within three (3) business days after the vote occurs.
B. County Commission Approval. If this Agreement is approved by all five cities in
accordance with Section 11(A) above, the County Commission shall vote on this Agreement
at a public meeting held within 30 days after formal approval of this Agreement by the last
of these five cities (or no later than the first County Commission public meeting thereafter if
a delay is necessary due to a County Commission recess). If approved by the County
Commission, this Agreement shall then be presented for approval at public
Commission/Council meetings at each of the remaining Plaintiff Municipalities and at each
7
other municipality that was a party to the I nterlocal Agreement that wishes to consider
joining this Agreement.
C. Condition Precedent; County Waiver. To be effective, this Agreement must be
approved and executed by all Plaintiff Municipalities and the County within one hundred
twenty (120) days after formal approval of this Agreement by the County Commission in
accordance with Section 11(B) above. If fewer than all Plaintiff Municipalities approve and
execute this Agreement, the County may waive this condition in writing within thirty (30)
days after such one hundred twenty (120) day period, in which event this Agreement shall
be effective with regard to all parties timely approving and executing this Agreement, and
the County shall retain the pro rata distributions that would otherwise have been provided
to the Plaintiff Municipality had it timely approved and executed this Agreement (without
any deduction for costs or attorneys' fees).
D. Effective Date. The date of the last approval and execution of this Agreement by a
Plaintiff Municipality, or, if not all Plaintiff Municipalities approve and execute, the date on
which the County waives the condition in writing as provided in Section 11(C), is the
"Effective Date" of this Agreement.
12. Notices: Except as otherwise specified in this Agreement, any notices required
under the terms and conditions of this Agreement shall be provided in writing and sent by U.S.
Mail, certified, return receipt requested, as follows:
As to County: Bertha Henry, County Administrator
Broward County
115 S. Andrews Avenue, Room 409
Fort Lauderdale, FL 33301
With a copy to: Andrew J. Meyers, Esq.
Chief Deputy County Attorney
Broward County Attorney's Office
115 S. Andrews Avenue, Room 423
Fort Lauderdale, FL 33301
As to Settling See Notice Recipient on each
Municipalities: Settling Municipality's signature page
With a copy to: Jamie Alan Cole, Esq.
Weiss Serota Helfman Pastoriza
Cole & Bon iske, P.L.
200 East Broward Blvd., Suite 1900
Fort Lauderdale, FL 33301
E'�
13. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties and supersedes and cancels any other agreement, representation, or communication,
whether oral or written, between the parties, relating to the transactions contemplated by or the
subject matter of the Agreement. This Agreement may not be amended, modified, or changed in
any respect except by an agreement in writing signed by the parties to this Agreement. This
Agreement
does not supersede
or
cancel any
contract currently in effect between the County and
any Settling
Municipality related to
solid waste
disposal.
14. Headings: The section and subsection headings in this Agreement are inserted for
convenience only and shall not affect in any way the meaning or interpretations of this Agreement.
15. Governing law: This Agreement shall be governed by, construed and enforced in
accordance with the laws of the State of Florida.
16. Counterparts: This Agreement may be executed simultaneously in two or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
17. Venue: If litigation shall be instituted between the parties regarding the provisions
of this Agreement, venue shall be in Broward County, Florida.
18. joint Preparation: The preparation of this Agreement has been a joint effort of the
parties hereto and the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against any party hereto.
19. Severability: In the event a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be effective and the
parties agree to negotiate in good faith to modify that portion of the Agreement in a manner
designed to effectuate the original intent of the parties.
20. Advice of Counsel:
Each party acknowledges and agrees that it has had the
opportunity to consult with and be represented by counsel of its choice in connection with the
negotiation and documentation of the settlement, this Agreement, and the Exhibits to this
Agreement.
21. Use of Funds Distributed Under This Agreement: Each recipient of funds
distributed under this Agreement has the right and the responsibility to use the funds as it
determines in its sole discretion subject to any legal prohibitions on or requirements regarding such
use.
9
SETTLEMENT AGREEMENT BETWEEN BROWARD COUNTY, FLORIDA AND THE SETTLING
MUNICIPALITIES RELATING TO THE RESOURCE RECOVERY BOARD ASSET LITIGATION
N WITNESS WHEREOF, the parties have made and executed this Agreement on the respective
dates under each signature: BROWARD COUNTY, signing by and through its Mayor or Vice -
Mayor, duly authorized to execute same by Board action on the day of , 2015, and
the SETTLING MUNICIPALITIES, signing by and through their respective Mayors, duly authorized
to execute same.
ATTEST:
Broward County Administrator, as
Ex-officio Clerk of the Broward County
Board of County Commissioners
BROWARD COUNTY
By:
i
BROWARD COUNTY, by and through
its Board of County Commissioners
0 r
Mayor
day of 12015
Approved as to form by
Joni Armstrong Coffey
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
Andrew J . Meyers
Chief Deputy County Attorney
day of 12015
14
CITY OF TAMARAC
OFFICE OF THE CITY CLERK
7525 N.W. 88T" AVENUE
TAMARAC, FLORIDA 33321
��� N1
ATTEST: R� ��-(P•..••..,, C
s
•• .00
re
..
beebj "
By:
PATRICIA TEUFEL, Cat CIS=r 10
'or be
•,
,// A lI D G ``,.
Approved as to form and legality:
B
AM GOREN, City Attorney
day of 2015
WITNESSES
SIGNATURE
Print Name
cu /0 hh-
day of
day
Print Name
of
14 a,--O 2015
i I
anager
lu4r4 2015
tl
ke.ianeloee
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged
9-4�1r a s of
41 4e,7
subdivision of the state of Florida, who is personallv known to me or who has produced
A114 ..... I -
as identification and did did not take an oath.
TINA M. WHEATLEY
Notary Public State of Florida
My Comm. Expires Aug 6. 2018
Commission N FF 135878
OWN 7ko* NVWW iy xy Assn.
My commission expires:
before me on
Florida, a
NOTARY PUBLIC
State of Florida at Large
M.
PRINTED Name of Notary
a
2015, by
07
political
EXHIBIT LIST
EXH I BIT "A" 2012 Tonnage Schedule
EXHIBIT "B" Ash Monofi I I Aerial and Legal Description
EXHIBIT "C" BIC Landfill Aerial and Legal Description
EXHIBIT "D" Mitigation Properties Aerials
EXHIBIT "E" Alpha 250 Aerial and Legal Descriptions
12
EXHIBIT "A"
2012 TONNAGE SCHEDULE
Tonnage
Creek
tt •
!li 1 M 0 0r
r 1 i 1 1e r•
8 i
lCooper City
20,r927.66
i 2.2449%
'Coral Springs
f3*66
.
Davie
74,625.55
8e4 r is
,Deerfield Beach
•.9.52
w" ° i,
Fort Lauderdale
153,135-43
ii i
,Hillsboro M Beach6
.
,Hollywood
79,r751.818
; i
,Lauderdale by the Sea
7,13 7i
0.0
0.7648%1
'Lauderdale Lakes
18,848*58
Lauderhill
!w 1
M M
lazy r
0.0000%
Lighthouseke
! •
Mar w
31.*122,46
i e
t'
M a
20
♦ ♦,
Lauderdale
23,328-83 1
2.5025%1
Pakland Park
32**619*62
3.4991%�
Ji
'Plantation'North
"'
M
st Ranches
8
!Sunrise
62,516,66
6.7061%
lamarac
8IW68,59:
3.0967%
West Park
5,650.36
« e
Weston
33,132-94
r
Wilton Manors
10,340.98:1
1.1093%
. I
l - r -
r
w
i -T i ya
y..
y, 504125200010 ur- rrx yw w.s
77
°..�p r b •rt''�.
� j r
* 7ivo
..j
. i
SOUTH RESOURCE RECOVERY SITE INCLUDING ASH MONOFILL
LEGAL DESCRIPTION
Parcel A and Parcel B, ROUTE 441 RESOURCE RECOVERY SITE according to the plat thereof,
recorded in Plat Book 132, at Page 41, lying within Section 24, Township 50 South, Range 41 East,
of the Public Records of B roward County, Florida, said land containing 185.91 acres, more or less.
15
I i i
1
I a �
I t
�"�-tom,--,-•�,�i 4 w
At
~two
-t
i,� . • !� �.• •N" • 1A � 1 aY • �.w . �4+1"1id l�'_J./fi�r
•.taa.1• Asa a�. r.... .^'�+�_i.._.�.rr .rilft s.Y.�"' i ••�•" • lmoee• ,�• .—+f
I
t i
q
;R
I it
� I
1
IL sf
� 4�
1
r
r
it
i
r
16
via*
mlzllM T
..
I
I
s
H
4
Ll91
. Ws.
s !- �+ .
st s z _ .,,u .`
WW
y _
a
■
� nw
139030300110,
BROr'ARD COUNTY INTERIM CONTINGENCY t f
SANITARY UANQFILL 135-7 B TRACT "A"
r f
{'or
Vat
All .�,.., .
* Mi 4N ------
BIC Southwest-• • •fill's legal description
i3includes county retained wetland mitigation areas.
Southwest Regional (BIC) Landfill (includes mitigation areas)
LEGAL DESCRIPTION
All that portion of the East 1/2 of Section 3, Township 51 South, Range 39 East, Broward
County, Florida, lying East of the Easterly Right of Way of U.S. 27, lying South of the
Southerly Right of Way of Stirling Road and North of the Northerly Right of Way of
Sheridan Street, being a portion of Everglades Land Company's Subdivision of said
Section 3, as recorded in Plat Book 2 at Page 1 of the Public Records of Dade County,
Florida.
�_T►M
All that portion of the Northwest Y4 of Section 2, Township 51 South, Range 39 East,
lying South of the Southerly Right of Way line of Stirling Road, LESS: The South 307
feet of the East Y2 of the N.W. % of said Section 2, being a portion of Everglades Land
Company's Subdivision as recorded in Plat Book 2 at Page 1 of the Public Records of
Dade County, Florida
All that portion of the West Y/ of the N.E. % of Section 2, Township 51 South, Range 39
East, lying South of the Southerly Right of Way line of Stirling Road, LESS: The South
307 feet of the West Y2 of the N.E. % of said Section 2, being a portion of Everglades
Land Company's Subdivision as recorded in Plat Book 2 at Page 1 of the Public
Records of Dade County, Florida.
AND
All that Portion of the West 1/2 of the S.W. % of Section 2, Township 51 South, Range 39
East, lying North of Northerly Right of Way line of Sheridan Street being a portion of
Everglades Land Company's Subdivision as recorded in Plat Book 2 at Page 1 of the
Public Records of Dade County, Florida.
Containing 588.49 Acres, more or less.
kv
I
WbAb
I j�
EXHIBIT "D"
MITIGATION PROPERTIES AERIALS
Additional Mitigation Areas not shown on other exhibits, as follows:
1.
Mitigation
Area 1,
Hacienda Flores
2.
Mitigation
Area 2,
Tree Tops Park
3.
Mitigation
Area 3,
East
Everglades
21
Mitigation Area 1
Hacienda Flores Mitigation Area
vam1B n& mp Is fw aoomplusl pwposos wV and should not be owoq tow Ipal bou"my 4d*w Abm
MITIGATION AREA 1
LEGAL DESCRIPTION
Lots 1, 21 31 47 57 69 7, 87 97 10, 11, and 12 of HACIENDA FLORES SUBDIVISION UNIT
NO. 1 according to the plat thereof, recorded in Plat Book 19, at Page 28 of the Public
Records of Broward County, Florida said land containing 16.16 acres, more or less.
22
11
ir
W
}
T—
a
504129010060
4
t
Y'
4
.-, .n ^a.,.df'X�."^il�' yiY r�...er•.<:'�>,'--L45vEsW"'O. +y�: +4 � . � _ �
'�:�.w.''��.5"�i°- +, �, a�.^.,�iH�° o....�,w�;: _ .. - � �orui.�. ,� ., �x-�..N S_ x�''• �-q�1�e�'�"!�Y;.
, ��: A���+ssw,i�' do'C�se: K:. "„�,. ,•t * — �'---___. - �:.:ii�,i..�....� _. :.,,+.....�..�a.,�s ,.2 ..max �' �' , 4- ,.. ; , ,..
r r /•i•
•
i f
•
f i P■■ a
i i• ■
1
•#r
itf
-
♦r"Triri.
� ♦ i 4 d *r♦T
« 1.
i•fdl+ -A �-i
�
w � t
war♦T
!
I
• i•i
r;rfrtit/
I 1`Tdt R+•
1
i
I
i
1
�
�
I11 i
1
Ii1
�
I
1
I
!i
1
I
1
j�
l
1
i
i
1
i
1
t
i
1
�>Npir s Auto 0
24
Mitigation Area 3
East Everglades Mitigation Area
� Legend
t County Owned
East Everglades
Mitigation Area I;
ij2"*=1S This MW is 1or=VA4 fuss PWWM 0"IY and Vam Pat Ce UWj W *0 wunawy cde"n�'
MITIGATION AREA 3
A portion of County -owned East Everglades site
LEGAL DESCRIPTION
Lengthy legal description within East Everglades site, see attached line drawing for the
outline of mitigation area.
25
Ion
Ali
11
ow
319
in
it
19
iFA
Ti
T.-'....
f, Pit
e
s
Y %t �•4 r $ + � <� 99L
Yk IT
t
484221120040
7-
.kSO rw C
r_
,f. �'•�aruy�tll
VA
e
ALPHA 250 NORTH
Legal Description of Property to be Conveyed
Folio Number 4842-21-12-0050
LEGAL DESCRIPTION
Parcel E, ALPHA 250 NORTH, according to the plat thereof, recorded in Plat Book 180,
at Page 14 of the Public Records of Broward County, Florida, said land containing 22.07
acres, more or less.
m
I
SETTLEMENT PROCEEDS DISTRIBUTION AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into as of the Effective Date (as
defined below), by and among the City of Sunrise, the City of Weston, the City of Hollywood, the
City of Fort Lauderdale, the City of Lauderhill, the Town of Lauderdale -By -The —Sea, the City of
Lighthouse Point, the City of Tamarac, the Town of Davie, the City of Plantation, the City of
Coconut Creek, the City of Deerfield Beach, the City of Miramar, the City of Margate, the City of
Cooper City, the City of North Lauderdale, the City of Coral Springs, and the Town of Southwest
Ranches, all political subdivisions of the State of Florida, (individually each is a "Plaintiff
Municipality," collectively, the "Plaintiff Municipalities") and any non -plaintiff municipalities that
were party to the November 1986 Interlocal Agreement with Broward County for Solid Waste
Disposal Services, as amended, (the "Interlocal Agreement") the Settlement Agreement with the
County regarding the Litigation concerning equitable distribution under the Interlocal Agreement
and approve and execute this Agreement (individually each is a "Non -Plaintiff ILA Municipality,"
collectively, the "Non -Plaintiff ILA Municipalities") (collectively, the Plaintiff Municipalities and
Non -Plaintiff ILA Municipalities are the "Settling Municipalities").
WITNESS:
WHEREAS, the Settling Municipalities and Broward County (the "County") were parties to the
Interlocal Agreement, which provided for the creation of the Broward Solid Waste Disposal District
("District") and required the participating governmental entities to send the solid waste generated
within their boundaries to be transported, delivered and disposed of at designated District waste
disposal facilities; and
WHEREAS, the Settling Municipalities directed solid waste generated within their boundaries
to be disposed of at the designated District waste disposal facilities; and
WHEREAS, the tonnage directed to District waste disposal facilities in 2012 by the parties to
the Interlocal Agreement is reflected in the 2012 Tonnage Schedule, attached and incorporated into
this Agreement by this reference as Exhibit "A" (the "2012 Tonnage Schedule"); and
WHEREAS, the Interlocal Agreement expired on July 2, 2013; and
WHEREAS, Section 15.2 of the Interlocal Agreement provided for the equitable distribution of
the assets and liabilities of the District to the Settling Municipalities and the County upon the
expiration of the Interlocal Agreement; and
WHEREAS, the Plaintiff Municipalities and the County disagreed as to the identification and
distribution of the assets and liabilities of the District; and
1
I
WHEREAS, on June 28, 2013, the Plaintiff Municipalities filed a lawsuit against the County in
the litigation styled City of Sunrise et. al. v Broward County, 17th Judicial Circuit Court Case No.
CACE-013-015660 (the "Litigation"), which sought a declaration regarding the assets and liabilities
subject to equitable distribution; and
WHEREAS, the Settling Municipalities and the County entered into a Settlement Agreement
(the "Settlement Agreement") to settle the Litigation, which provides for the County to make certain
payments into a trust account designated by the Plaintiff Municipalities, which is hereby designated
to be the Weiss Serota Helfman Cole Bierman & Popok, P.L. Attorney IOTA Trust (the "Trust
Account"); and
WHEREAS, pursuant to the Settlement Agreement, funds deposited into the Trust Account
by the County (the "Trust Account Funds") are to be distributed to the Settling Municipalities
pursuant to this Agreement among the Settling Municipalities that provides for pro rata allocation of
expenses and pro rata distribution of funds based upon the 2012 Tonnage Schedule; and
WHEREAS, the Settling Municipalities desire to enter into this Agreement to provide for the
pro rata allocation of expenses and pro rata distribution of Trust Account Funds under the terms
and conditions set forth herein.
NOW, THEREFORE, in consideration of the covenants contained herein and for other good
and valuable consideration, the receipt and sufficiency of which is acknowledged and agreed upon,
the parties agree as follows:
1. Recitals: The above recitals are true and correct and are incorporated into this
Agreement by this reference.
2. Cash Payment to Settling Municipalities: Within 30 days after the County deposits
the Cash Amount (as defined in the Settlement Agreement) into the Trust Account, each Settling
Municipality shall receive a distribution from the Trust Account (each is a "Settlement Payment")
equal to each Settling Municipality's pro rata share allocation of the Cash Amount deposited, based
on the 2012 Tonnage Schedule, minus each Settling Municipality's pro rata share of the costs and
expenses set forth in this Section 2, based on the 2012 Tonnage Schedule, plus a credit to a Settling
Municipality for all of such costs and expenses previously paid by it:
A. $119,736.08, which shall be paid to the City of Fort Lauderdale for the services of
its internal auditor provided to, and approved by, the governing board of the District (the
"RRB") but never paid by the County;
2
B. $14,104.00, which shall be paid to plaintiffs' counsel for the legal analysis provided
to, and approved by, the RRB but never paid by the County;
C. $294,955.69, which has been paid or is due from the Plaintiff Municipalities for
litigation expenses, including attorney fees, expert fees and costs to be reimbursed to the
Plaintiff Municipalities; and
D. $75,000.00 to plaintiffs' counsel to be held in the Trust Account to be used to pay
for attorneys' fees and costs incurred after December 31, 2014, including those related to
passage and implementation of the Settlement Agreement and this Agreement, and to
ensure compliance in the future. Any funds remaining from the $75,000.00 held in the
Trust Account after the Alpha 250 sale shall be distributed pro rata to the Settling
Municipalities based upon 2012 tonnage (and if there are insufficient funds they will be
deducted from the Alpha 250 sales proceeds prior to distribution).
3. Alpha 250 Property Sale Proceeds:
A. Sale of Alpha 250. Under the Settlement Agreement, the County and the Settling
Municipalities agree to use their best efforts (and to take all reasonable steps) to sell the
Alpha 250 site, as set forth in Section 2(A)(4) and Exhibit "E" of the Settlement Agreement
("Alpha 250").
B. Payment of Alpha 250 Sales Proceeds. Within 30 days after the County deposits the
net Alpha 250 sales proceeds (as defined in, and subject to the deductions provided in, the
Settlement Agreement) into the Trust Account (the "Alpha 250 Sales Proceeds"), each
Settling Municipality shall receive a distribution from the Trust Account (each is a "Alpha
250 Payment") equal to each Settling Municipality's pro rata share allocation of the
deposited Alpha 250 Sales Proceeds (minus unpaid expenses, if any) based on the 2012
Tonnage Schedule.
4. Conditions Precedent; Effective Date:
A. Conditions Precedent. To be effective, this Agreement is subject to (i) the
Settlement Agreement becoming effective, and (b) this Agreement being approved and
executed by all of the Plaintiff Municipalities.
B. Effective Date. The date of the last approval and execution of this Agreement by a
Settling Municipality is the "Effective Date" of this Agreement.
3
5. Entire Agreement: This Agreement, and the Settlement Agreement, constitute the
entire Agreement between the parties and supersedes and cancels any other Agreement,
representation, or communication, whether oral or written, between the parties, relating to the
transactions contemplated in it.
6. Headin s: The section and subsection headings in this Agreement are inserted for
convenience only and shall not affect in any way the meaning or interpretations of this Agreement.
7. Governing Law: This Agreement shall be governed by, construed and enforced in
accordance with the laws of the State of Florida.
8. Counterparts: This Agreement may be executed simultaneously in two or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
9. Venue: If litigation shall be instituted between the parties regarding the provisions
of this Agreement, venue shall be in B roward County, Florida.
10. joint Preparation: The preparation of this Agreement has been a joint effort of the
parties hereto and the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than the other.
11. Severability: In the event a portion of this Agreement is found by a court of
competent
jurisdiction to be invalid,
the remaining provisions shall
continue to
be
effective, and
the parties
agree to voluntarily amend
any portion of this Agreement
as necessary
to
comply with a
Court order.
12. Further Assurances: At any time, and from time to time, after the Effective Date of
this Agreement, each
party will execute
such additional instruments and
take such action as
may be
reasonably requested
by the other party,
to confirm or otherwise to carry
out the intent and
purpose
of this Agreement.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
AGREEMENT AMONG THE SETTLING MUNICIPALITIES RELATING TO THE DISTRIBUTION
OF THE RESOURCE RECOVERY BOARD ASSET LITIGATION SETTLEMENT PROCEEDS
IN WITNESS
WHEREOF, the parties
have made and executed this Agreement on
the respective
dates under
each si9 nature: the
SETTLING MUNICIPALITIES,
signing
by and
through their
respective Mayors, duly authorized to execute same.
CITY OF TAMARAC, FLORIDA
ATTEST: (11® 7'y
V ' •
may:
PATRICIA TEUFEL Citv Cl�r
. �. .
/ y
0'
/ 0 `�►
Approved as to form and legality:
SAM GOREN, City Attorney
f � day of 2015
HARRY DRESSLER, Mayor
d 0 day of
/V1 2015
MICHAEL C. CERNECH, City Manager
Rdayof
2015
STATE OF FLORIDA
COUNTY OF BROWARD
The fore oing instrument was acknowledged before
as4-prof � Florida, a
Florida, who is personally known to me or who has produced
and did (did not) take an oath.
TM M. WHEATUY
NO" PVMIC • State o1 Florida
my COW. Expiret A" 6. 2018
Con"Sim N FF 135878
801ded'Tbo*NVkMd f4aliffy Awn.
My commission expires:
me on 2015, by
political subdivision of the state of
as identification
NOTARY PUBLI+
State of Florida at Large
ee, 71--le
PRINTED Name of Notary
EXHIBIT "A"
2012 TONNAGE SCHEDULE
'Coconut
Coo -per City 20,927.66, 2.2449%1
r • #
„1k_
tDavie
Deerfield Beach 50,789.52 5,4482%
fort t Lauderdale„'„#
'Hillsboro
«`a*402,61 0.1505%
8,5549%1
'Hollywood «,
'Lauderdale b the
Y
18,848,581
Lauderdale #
#' ♦ R. '#
27
v • 37 •; i ! y
•zy r
,Lighthouse Point *741,42 0,8304%1,
ke 0.0000%j.
5*
Margate
!Miramar11
63,928.20 %
,North Lauderdale
23,328.83
0 !
s v d Park 32,619,62
49 N k
M
Pembroke Park 4J84*14 il
N► k►
%1
ntation 48,0241,40' 5.1748%
,Sea
Ranch Lakes i
i
*, ► i #
iSouth xst Ranches',Sunrise 62o516.66 • N
#
•
# # ` 59 N
Unincorporated 11,998.80 1.2871%i
Weston 33J32.94 3,5542%1
WiltfiManors k
4 0 �r�riM n�y�
OiY IM �i 1 R' r
7
7