#2nd Amendment 08/03/2009 (Expanded)DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: July 26, 2010
TO: Elizabeth Wood, Senior Administrator
Sewer Projects
FROM Pamela G. Hanc c , C.
At the August 3, 2009, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of an Interlocal Agreement - Second Amendment for the
(Expanded) Cudjoe Regional Wastewater System Including Big Pine Key, Ramrod Key,
Summerland Key, Cudjoe Key, The Torch Keys (Little, Middle and Big), and Upper and Lower
Sugarloaf Keys between Monroe County and 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
Finance
File
INTERLOCAL AGREEMENT
SECOND AMENDMENT
FOR THE
(E7tPANDED) CUDJOE REGIONAL WASTEWATER SYSTEM
INCLUDING
BIG PINE KEY, RAMROD KEY, SUMMERLAND KEY, CUDJOE KEY,
THE TORCH KEYS (LITTLE, MIDDLE AND BIG), AND
UPPER AND LOWER SUGARLOAF KEYS
THIS AMENDMENT TO INTER.LOCAL AGREEMENT is entered into the P day of
August, 2009, pursuant to Sec. 163.01, FS, by and between Monroe County, a political subdivision
of the State of Florida, (County), and the Florida Keys Aqueduct Authority, Inc., an independent
special district, (FKAA).
WHEREAS, on September 20, 2006, the parties entered into an interlocal agreement (ILA)
for the purpose of funding the costs associated with the administration, planning and development of
a regional wastewater project; and
WHEREAS, on April 16, 2008 the County approved an amendment to the ILA to expand the
areas encompassed in the Cudjoe Regional wastewater System, which amendment was approved by
FKAA on April 24, 2008; and
WHEREAS, it has been determined that there are a high proportion of properties in the area
of the Cudjoe Regional Wastewater System which are not slated for centralized sewer but which will
have to upgrade their onsite sewage treatment and disposal systems (OSTDS) at a similar per EDU
cost as the centralized system; and
WHEREAS, it has been determined that it is equitable to include the OSTDS in the Cudjoe
Regional area in the overall project to enable the FKAA to enter into installation and maintenance
agreements and to allow the same degree of subsidization to those costly projects which are on a par
with centralized system EDU costs; now, therefore
IN CONSIDERATION of the mutual consideration and promises set forth below, the parties agree
as follows:
1. Paragraph 2, Project, of the Inter -local Agreement (ILA) dated September 20, 2006, for the
Summerland, /Cudjoe/Upper Sugarloaf Regional Wastewater System, as previously amended on April
16, 2008, shall be amended as follows:
The Project shall be called the Cudjoe Regional Wastewater System and consist of
centralized collection systems, transmission mains and method of treatment to Advanced
Wastewater Treatment standards sufficient to serve the needs of the residents and businesses
included for centralized systems in the Master Wastewater Plan in the Wastewater Service
Districts from Big Pine Key through Lower Sugarloaf Key, and Onsite Sewage Treatment
And Disposal Systems for which owners of properties not in the Master Plan but located in
the Cudjoe Regional area from No Name Key through Lower Sugarloaf Key, plus Boca
Chiica Key parcels identified as RE# 1 22880 - 000000,122890- 000000, and 122870-000000,
contract with FKAA for installation and maintenance. The Project may be developed in
phases in accordance with availability of funding. Both FKAA and County shall perform
their respective obligations under the interlocal agreement dated September 6, 2005.
2. All other provisions of the ILA dated September 20, 2006, for the
Summerlarid/Cudjoe/Upper Sugarloaf Regional Wastewater System, as previously amended, not
inconsistent herewith shall remain in full force and effect.
3. This Agreement will take effect on the 3rd day of August, 2009,
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
FLORIDA KEYS
KEY WEST, FLT
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ATTEST:
BY: Pu-4
BOARD OF COUNTY COMMISSIONERS
OF MONROE COU FLORIDA
BY:�
Mayor Sylvia J. Murphy
A UG 3 2009
AUTHORITY
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
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FKAA eral Counsel
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DATE
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APPROVED AS TO FORM
BY:
nne A. Hutton
County Attorney -n
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BY:
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County Attorney -n
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