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2nd Amendment to Amended & Restated 01/16/2008 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: February 20, 2008 TO: Dave Koppel, County Engineer Engineering Division ATTN: FROM: Liz Wood Pamela G. Hanco~ Deputy Clerk At the January 16, 2008, Board of County Commissioner's meeting the Board granted approval and authorized execution of the Second Amendmdnt to the Amended and Restated lnterlocal Agreement between Monroe County and the Key Largo Wastewater Treatment District expanding the "North Components", as defined in the ILA, to include the Key Largo Regional Wastewater Project described in Tab I of the April 2006 KL WTD Facilities Plan. Enclosed is a copy of the lnterlocal Agreement for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File"''' SECOND AMENDMENT TO THE AMENDED AND RESTATED INTER LOCAL AGREEMEINT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND THE KEY LARGO WASTEWATER TREATMENT DISTRICT ~~ J~, 2008 Page 1 of 4 SECOND AMENDMENT TO THE AMENDED AND RESTATED INTERLOCAL AGREEMENT THIS SECOND AMENDMENT ("AMENDMENT") TO THE AMENDED AND RESTATED INTERLOCAL AGREEMENT, dated July 20, 2005 (the "Interlocal Agreement") is entered into pursuant to section 163.01, Florida Statutes, by and between Monroe County, a political subdivision of the State of Florida (the "County"), and the Key Largo Wastewater Treatment District, an independent special district existing as a local government agency under the laws of the State of Florida (the "District"), to amend the Interlocal Agreement to amend and clarify the defined term "North Components." WITNESSETH: WHEREAS, on July 20, 2005, the District and the County entered into the First Amended and Restated Interlocal Agreement to advance the provision of central wastewater services to be provided in Monroe County and for the other purposes and reasons stated in the findings set forth in the Interlocal Agreement; and WHEREAS, the District and County amended the Interlocal Agreement on August 16, 2006 (the First Amendment), to provide increased advance funding; and WHEREAS, the County and the District have determined to amend and clarify the meaning of the defined term "North Components." NOW, THEREFORE, in consideration of the mutual covenants herein, the Interlocal Agreement is hereby amended to read as follows: SECTION 1. WORDS AND TERMS. The words and terms used herein shall have the same meanings as set forth in the Interlocal Agreement. 2d Amend. Jan. 2008 Page 2 of 4 SECTION 2. NORTH COMPONENTS. The term "North Components" is clarified and amended to expressly include, in addition to the District's Collection Basins A and D, the North Transmission Line (from MM 106 to MM 100.5), and the Regional Treatment Plant located at MM 100.5, all other facilities described in the District's Facilities Plan as submitted to the Florida Department of Environmental Protection, and including any amendments to the Facilities Plan. SECTION 3. APPENDIX A. Appendix A to the Amended and Restated Interlocal Agreement is revised to read as follows: APPENDIX A PROJECT DESCRIPTION The District's North Components include a wastewater treatment plant with a design capacity of 2.25 million gallons per day average daily flow; transmission lines and collection facilities described in the KLWTD Facilities Plan and any amendments thereto. Effluent quality will meet AWT standards and effluent and sludge disposal will be accomplished consistent with applicable law. SECTION 4. FILING AND EFFECTIVE DATE. A copy of this AMENDMENT shall be filed with the Clerk of the Circuit Court of Momoe County and this Agreement will take effect on the date such copy executed by both parties is so filed. 2d Amend. Jan. 2008 Page 3 of 4 IN WITNESS WHEREOF, the parties have caused this AMENDMENT to be executed on their behalf by the County Chairman and the District Chairman. BOARD OF COUNTY COMMISSIONERS OF MONROE COl:lNTY, FLORIDA By: Danny L. Kolhage, Clerk BG.L~ Deputy Clerk Dale UZA 'E 1\ ! ,'1 fON CO~~~;r ~\\II\III"'1/lll" ~\\ 1\0 Wast. :t/~ ~'\ ~;'."""""~/P~ ~~.., "C-;~~ ~~SEAL) .....~% - . S 1'- ~: ea : ~ - .. '.. -- - . .. ...", S ... .: ;: ~A.. .':!-...~ ~/':... ,...~c:,,~ ~ 6>.;>. ..... ..': .,,'\.\ ~ ~u~ \II. ~\~ A'fl"'IllRil,ill\\\\ KEY LARGO WASTEWATER TREAT T DISTRICT By: Chairman ~~~~ Clerk 2d Amend. Jan. 2008 Page 4 of 4 :J: 0 o :P :z: _ ;:1.Jnf:~~; gr:< . ;.>: c")- ro' on:.. ~~\~~:: :<;-,oi::t_-; ~; r- J> ~ <::> CO> ..,., I"'" CO N o -0 ::It N .. w ~ '.. "y,,: .., P~) _:-j '':;'1