In June 2015, Broward County (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, the Town of Southwest Ranches, the City of Wilton Manors, the Town of Hillsboro Beach, and the Village of Sea Ranch Lakes (collectively, the "Settling Municipalities") entered into a Settlement Agreement (the "Settlement Agreement") (Exhibit 1) that resolved the Resource Recovery Board Asset Litigation, which related to the distribution of assets and liabilities resulting from the expiration of the 1986 Interlocal Agreement for Solid Waste Disposal Services ("ILA"). The Settlement Agreement included a process for the sale of "Alpha 250," a vacant parcel of land not being used for any current solid waste disposal purposes, with the net proceeds from that sale to be distributed, pro rata, to municipal ILA participants.
In a 2016 First Amendment to the Settlement Agreement (the "First Amendment") (Exhibit 2), the County and the Settling Municipalities agreed to delay the sale of Alpha 250 for one year to enable a study to be conducted to evaluate and provide recommendations on: (1) how a 75% Countywide rec.ycling goal may be reached; (2) whether retaining public ownership of Alpha 250 would facilitate meeting such goal or other solid waste disposal goals; and (3) other solid waste disposal issues that might be identified through the study, including whether there are meaningful options regarding flow control and potential governance or contractual structures relating to collaborative solid waste disposal efforts. The First Amendment also provided for a potential additional one-year delay of the sale of Alpha 250 if approved by the County Administrator and the Mayors of Coconut Creek, Fort Lauderdale, Hollywood, Miramar, Sunrise, and Weston (collectively, the "Mayors"), which the County Administrator and the Mayors exercised in 2017, thereby extending the time period for the sale of Alpha 250 until October 11, 2018 (Exhibit 3).
In August 2018, the consulting team retained to conduct the above-mentioned study (the "Arcadis Team") issued its Solid Waste and Recycling Issues Study Interim Final Report (the "Interim Final Report"). The Interim Final Report summarizes the Arcadis Team's findings based on the study and includes its final evaluations and recommendations.
This proposed Second Amendment to the Settlement Agreement (the "Second Amendment") (Exhibit 4) would further delay the time period for the sale of Alpha 250 to enable the County and municipalities to adequately analyze the Arcadis Team's findings and to arrange for additional study and consideration of remaining issues. The initial delay would be until October 11, 2019, but it could be extended for up to three more years if approved by the County Administrator and the Mayors.
To be binding, the Second Amendment must (1) be approved by the County and each of the Settling Municipalities and (2) be consented to by the municipalities that were municipal ILA participants but that did not join the Resource Recovery Board Asset Litigation. The municipalities entered into separate distribution agreements entitling them to a pro rata share of the proceeds of any Alpha 250 sale.
For administrative convenience, the County will consider approval of the Second Amendment prior to consideration by the municipalities. The effectiveness of the Second Amendment, however, is contingent upon approval thereof by each of the required municipalities within 120 days after the County's execution.
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