1st Amendment 09/19/2007
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
October 10, 2007
TO:
Dave Koppel, County Engineer
Engineering Division
Pamela G. Hanc~
Deputy Clerk a
FROM:
At the September 19, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a First Amendment to Interlocal Agreement of Cooperation
in Wastewater System Development to the September 6, 2005 ILA between Monroe County and
the Florida Keys Aqueduct Authority.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finange
File.!
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
OF COOPERATION IN WASTEWATER SYSTEM
DEVELOPMENT
This First Amendment ("Amendment") to an Interlocal Agreement dated as of September 6,
2005 (the "Interlocal Agreement"), is entered this 19th day of September, 2007, between Monroe
County, F10rida ("County"), a political subdivision of the State of F1orida, and F10rida Keys
Aqueduct Authority ("FKAA"), an independent special district.
WHEREAS, on September 6, 2005, the County and FKAA executed an Interlocal
Agreement agreeing to partner in the development of wastewater systems; and
WHEREAS, the County and the Authority desire to amend Section 2.02 of the Interlocal
Agreement to clarify and broaden the sources of funds which the County may apply to satisfy its
monetary commitment in the Interlocal Agreement toward the completion of wastewater projects in
the Lower Keys; now therefore
IN CONSIDERATION of the premises and the covenants and conditions hereinafter
contained and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto amend the Interlocal Agreement as follows:
Section 1. Section 2.02 of the Interlocal Agreement is amended by adding the following sentence
at the end of such section:
"The County and FKAA understand and agree that the
County may secure state revolving loan funds from the Department
of Environmental Protection or funds from any other source to meet
the County's obligation to provide funding toward the cost of
acquisition, procurement, design and construction of wastewater
projects in the Lower Keys pursuant to this InterlocaI Agreement."
As amended, Section 2.02 shall read in its entirety as foIlows:
"The County, in addition to funds obtained from state and federal
sources, shall use its best efforts to obtain the funds necessary to
complete all wastewater projects so that citizens do not have to pay in
excess of $4,500 per EDU in non-ad valorem special assessments.
The County shall provide up to $31,800,000 for the costs of
acquisition, procurement, design, and construction of wastewater
projects in the Lower Keys. County commits to full faith and
diligence in working with the FKAA to provide funding to make
costs of system development and connections for the Big Coppitt and
all future projects reasonable to users. County shall have the
responsibility of levying special assessments for wastewater projects.
Lower Keys projects included under this Agreement are Big Coppitt
area, Cudjoe-Sugarloaf area, and Big Pine area. Other
unincorporated County projects are Duck Key and Long Key. The
9/19107 Amend lLA
WW System Devpt
1
County and FKAA understand and agree that the County may secure
state revolving loan funds from the Department of Environmental
Protection or funds from any other source lawfully available to meet
the County's obligation to provide funding toward the cost of
acquisition, procurement, design and construction of wastewater
projects in the Lower Keys pursuant to this Interlocal Agreement."
Section 2. All of the terms of the September 6, 2005 Interlocal Agreement not inconsistent
herewith shall remain in full force and effect.
Section 3. This Amendment to the Interlocal Agreement may be executed in several counterparts,
each of which shall be an original and all of which shall constitute but one and the same
instrument.
IN WITNESS WHEREOF, the County and FKAA have caused this First Amendment to
the lnterlocal Agreement to be duly executed as of the 19th day of September, 2007.
FLORIDA KEYS AQUED
KEY WEST,
AUTHORITY BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: ~~l}~ '
Mayor Mario DIGennaro
SEP 1 9 Z007
DATE DATE
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BY: A 0;/2.1-....(.... .,;;."i~;, ~.~
/iP~ ~ 7 .!JEP 192007
DATE' DATE u'
APPROVED AS TO FORM AND
LEGAL ~~FICIEZL 0 4-
BY: k~~
Kllk C. Zue
FKAA General Counsel
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B ~ ~y
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FKAA Board Approval 9-27-07
9/19/07 Amend lLA
WW System Devpt
APPROVED AS TO FORM
B~~~'~
e A. Hutto
County fttOj;y
Date: ~ ~ 7
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