#5th Amendment 08/15/2012 L vQ
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DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: September 17,2012
TO: Elirabeih Wood, Senior administrator .
Sewer Projects
FROM: Isabel C. DeSanlis, D.C.
At the August 15, 2012, Board of County Commissioner's meeting, the Board approved
the following:
Item K3 4th Amendment to the Conch Key/Duck Key Interlocal Agreement to advance of
the sum of one million dollars (S1,000,000) for construction of County owned segments of the
Duck Key wastewater project.
Item K4 5th Amendment to Cudjoe Regional Interlocal Agreement to advance of the sum
of nine hundred fifty thousand dollars ($950,000) for planning, design and contracting for the
Cudjoe Regional wastewater project.
-Enclosed are duplicate originals 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
FIFTH AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
CUDJOE REGIONAL WASTEWATER SYSTEM
THIS FIFTH AMENDMENT TO INTERLOCAL AGREEMENT is entered into this
15th day of August, 2012, 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,
an independent special district,(FKAA).
WHEREAS, the County has committed by interlocal agreement 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 by the pledge of infrastructure tax; and to
provide funding to the FKAA for the administration, planning and construction of wastewater
projects owned by Monroe County;and
WHEREAS, on September 20, 2006, the County and the FKAA entered into an
interlocal agreement (ILA) for the County to provide funding for administration, planning 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
Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System;and
WHEREAS, on April 16, 2008, the parties entered into an amendment to the
Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System ILA to expand the service
area to include Big Pine Key through Ramrod Key and Lower Sugarloaf and increase the initial
design budget by $4.5 million for a total budget of$7.5 million so that unincorporated Monroe
County projects could be ready to proceed and eligible for grant funding;and
WHEREAS, on August 3, 2009, the parties amended the agreement, naming the
amendment "INTERLOCAL AGREEMENT SECOND AMENDMENT FOR THE
(EXPANDEDO 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," in order to expand
the project to include Onsite Sewage treatment and Disposal Systems for areas not in the Master
Plan and to expand the areas encompassed by the original agreement,as amended,to include No
Name Key and certain specified parcels on Boca Chica Key;and
WHEREAS, on September 16, 2009, the parties amended the agreement, through a
document titled "SECOND AMENDMENT TO INTERLOCAL AGREEMENT FOR THE
CUDJOE REGIONAL WASTEWATER SYSTEM," to revise County funding for the project;
and
WHEREAS,on April 18,2012,the BOCC approved a Fourth Amendment to provide the
funding needed for bid preparation related to the Cudjoe Regional Wastewater System project;
and
WHEREAS, it is now necessary to increase the funding FKAA to support the planning,
design, and contracting for construction of the Cudjoe Regional Wastewater System project;now
therefore
5th Amend Cudjoe Regional LA 1
J
IN CONSIDERATION of the mutual consideration and premises set forth below, the
parties agree as follows:
1. Section 1, COUNTY FUNDING, of the Summerland/Cudjoe/Upper Sugarloaf Regional
Wastewater System interlocal agreement dated September 20, 2006 (ILA), as previously
amended on April 16, 2008, August 3, 2009, September 16, 2009, and April 18, 2012, shall be
amended by adding the following sentence:
The County shall pay to the FKAA, no later than September 15, 2012, an advance of the
sum of nine hundred fifty thousand dollars ($950,000) for planning, design and
contracting for the Cudjoe Regional wastewater project.
3. All other provisions of the ILA dated September 20, 2006 for the
Summerland/Cudjoe/Upper Sugarloaf Regional Wastewater System, as amended April 16,2008,
August 3, 2009, September 16,2009, and April 18, 2012,not inconsistent herewith shall remain
in full force and effect.
4.This Agreement will take effect on the 15th day of August,2012.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and
year first above written.
(COAT)
DANNY L.KOLHAGE,CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA -n
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By. By:
Deputy Clerk Mayor/ rson - "O -1-1
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(SEAL)
ATT L:
Clerk
5th Amend Cudjoe Regional ILA 2