#2nd Amendment 09/16/2009DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE: November 23, 2009
TO: Elisabeth Wood, Senior AdministratorDirector
Sewer Projects
FROM Pamela G. Han ck,� . C.
At the September 16, 2009, Board of Count Commissi '
Y Commissioner s meeting the Board granted
approval and authorized execution of the Second Amendment to the September 20, 2006
Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater ter System Interlocal Agreement (ILA) and Florida K
between Monroe County Keys Aqueduct Authority to strategically are design reports, release funds
previously allocated to pre
p g p , plans and specifications for the Cud'oe Regional
expanded service area. g
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
Finance
File ✓
SECOND AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
CUDJOE REGIONAL WASTEWATER SYSTEM
THIS SECOND AMENDMENT TO INTERLOCAL AGREE '
AGREEMENT is entered into
this 16th day of September, 2009, pursuant to Sec. 163.01 FS. b and between Monroe County,
a political subdivision of the State of Florida, Count and the
( y), Florida Keys Aqueduct
Authority, Inc., an independent special district, FKAA .
WHEREAS, the County has committed b interlocal agreement Y gr dated September 6, 2005
and by Master Lease approved September 25, 2005 to seek funding through federal and state
grants and the issuance of revenue bonds backed b the pledge of infrastructure •
Y p g astructure tax, and to
provide funding to the FKAA for the administration lannin and '
p g construction of wastewater
projects owned by Monroe County; and
WHEREAS, on September 20, 2006, the Count and the F� '
Y entered into an interlocal
agreement (ILA) for the County to provide funding or administration planning g � p nning and construction
of a
wastewater collection system, transmission main and method of treatment to Advanced
Wastewater Treatment (AWT) standards to serve the residents '
and business in the Conch
Key /Duck Key Wastewater Service District; and
WHEREAS, on April 16, 2008, the parties entered into an am
. /U p amendment to the
Summerland /Cudjoepper Sugarloaf Regional Wastewater System ILA
y to expand the service
area to include Big Pine Key through Ramrod Key and Lower Sugarloaf and increase initial
b g e the initial
design budget by $4.5 million for a total budget of $7.5 million so that unincorporated rp rated Monroe
County projects could be ready to proceed and eligible for rant fundin •
g g g, and
WHEREAS, grants necessary to complete the funding plan for construction
g p of the CudJ oe
Regional Wastewater System have not yet been forthcoming nd commencement '
g ent of construction
is delayed while alternative funding plans are pursued; and
WHEREAS, the Cudjoe Regional Wastewater Project design has been
J gn prepared to the
extent necessary for the project to be considered "ready to roceed" and design p gn have
identified reasonable interim milestones from which the can finalize '
y porno f the design; and
WHEREAS, Municipal Service Taxing Unit Revenue for ear one '
Y of the Big Pine MSTU
and
Year 2 of the CudJ oe MSTU is anticipated to enerate sufficient rev '
design; and
g revenue to finalize the
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WHEREAS, FKAA has acquired a treatment plant on
p Duck Key for purposes of upgrade
and expansion to provide AWT to the area encompassing •
p g Duck Key, Indies Island, and Conch
Key, and has initiated design and other services to comm •
commence the Duck Key Protect; and
WHEREAS, System Development Fees have been collected from the Duck Key service
areas but additional revenue is necessary to complete the Du •
p Duck Key collection system funding
p lan; and
WHEREAS, the County and the FKAA desire to am •
end the Cudtoe Regional ILA to
de crease funding for design until such time as additional revenue •
s are available f or construct
allowing the amount previously allocated but not et spent '
y p to be diverted to the Duck Key project;
now therefore
IN CONSIDERATION of the mutual consideration '
and premises set forth below, the
parties agree as follows:
1. Section 1, COUNTY FUNDING, of the Summer
land /Cudtoe/Upper Sugarloaf Regional
Wastewater System Interlocal agreement dated September •
p er 2Q, 2006 (ILA), as previously amended
on April 16, 2008, shall be amended to read:
The County shall appropriate from any lawfully available source, a sum not to exceed
$3,200,000 for the preliminary design to add to the Summerland /Cudjoe Upper Sugarloaf
Regional Wastewaer System necessary collection systems to accommodate from Big Pine
Key to Lower Sugarloaf (expanded system), to be paid to the FKAA as reimbursement.
These funds are additional to the funds set forth in the Interlocal Agreement dated
September 20, 2006. Additional amendment(s) will be necessary to appropriate funds for
the final design of the expanded area. The amount of the funding may be changed by
written amendment to this Agreement by the parties.
2. Paragraph 2, Project, of the ILA dated September 20
p , 2006, as previously amended on
April 16, 2008, for the Summerland /Cud'oe/U er Sugarloaf J pp g Regional Wastewater System shall
be amended to read as follows:
The project shall include preliminary design and cost Y gn estimates to expand the
Summerland /Cudjoe/Upper Sugarloaf Regional Wastewater •
g System to encompass Big
Pine Key through Lower Sugarloaf, the final design
gn of the inner Islands
(Summerland Sugarloaf) s well as the treatment •
� ent plant and cost estimates
for the entire project. The parties will amend the original I
LA dated September 20, 2006,
include nclude planning, final design, and construction of those components p ents of the expanded
design to be incorporated into the Final Project.
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3. All other provisions of the ILA dated
September 20, 2006 for the
Summerland /Cudjoe/Upper Sugarloaf Regional Wastewater Sy stem, •
y m, as amended April 16, 2008
not inconsistent herewith shall remain in full force and effect.
4. This Agreement will take effect on the 16 day f September, 2
Y p 009.
y W. ITNESS WHEREOF, the parties hereto have set their hands and seals the day and
y
e written.
DAM
k
,. r RAGE CLERK
BOARD OF
COUNTY COMMISSIONERS
OF MO ROE COU TY, FLORIDA
Y• v B
Deput Clerk Ma or /Chaff
Y rP erson
THE FLORID
AUTHORITY
By: -T
James C. R n ds, Executive Director
(SEAL
A�'�TES
Cler
FKAA Board Approved: September 24,
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