2nd Amendment 04/18/2012 0
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: September I1, 2012
TO: Suzanne Hutton
County Attorney
ATTN: Kathy Peters
FROM: Isabel C. DeSantis, D.C.
At the BOCC meeting held on April 18, 2012, the following was approved:
Item M6 Second Amendment to the Interlocal Agreement dated as of September 6, 2005,
and amended September 19, 2007, between Monroe County and Florida Keys Aqueduct
Authority, setting forth the County responsibility to secure funding and the FKAA responsibility
to construct and operate wastewater systems in the unincorporated County, and changing the
system development fee for the Cudjoe Regional Wastewater Project to $5,700.
Enclosed is a duplicate original of the above-mentioned for your handling.
Should you have any questions, please feel free to contact this office.
cc: Finance
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SECOND AMENDMENT TO INTERLOCAL AGREEMENT
OR COOPERATION IN WASTEWATER SYSTEM
DEVELOPMENT
This Second Amendment C'Amedmenf) to an Interlocal Agreement dated as of
September 6,2005 (the"Interlocal Agreement"), is entered this I Sth day of April,2012, between
Monroe County, Florida ("County"), a political subdivision of the State of Florida, and Florida
Keys Aqueduct Authority("FKAA"),an independent special district.
WHEREAS, on September 6, 2005, the County and FKAA executed an Interlope)
Agreement agreeing to partner in the development of wastewater systems;and
WHEREAS,on September 19,2007, the County and the Authority amended 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 Interact! Agreement toward the completion of
wastewater projects in the Lower Keys;and
WHEREAS, in a separate Interlocal Agreement dated September 20, 2006, though
amendments on April 16, 20011, and September 16, 2009, the targeted project area of
Summerlard/CudjodJpper Sugarloaf was expanded to inchde from Big Pine Key through lower
Sugarloaf,calling the newly designated area project the Cudjoe Regional Wastewater Project and
WHEREAS, the Interlace) Agreement of September 6, 2005, as amended to date still
provides for S4,500 pa EDU system development fees to be assessed to the property owners;and
WHEREAS, estimates that the Cudjoe Regional Wastewater Project, due to changes in
costs over the years and the more rural nature of this project compered to other Keys wastewater
projects, will require an increase In the system development fees to be assessed to the property
owners in order to be able to complete the project;now therefore
IN CONSIDERATION of the premises and the covenants and conditions hereinafter
contained and for other god and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged,the parties hereto amend the Interlocal Agreement as follows:
Section I. Section 2.02 of the Interlocal Agreement, as amended on September 19, 2007, is
amended as shown by adding to the existing paragraph the following sentence:
"As of the date of this Amendment, the non-ad valorem special assessments per
EDU to be paid by the property owners for the Cudjoe Regional Wastewater Project shall
be limited to no mare than S5,700."
As amended,Section 2.02 shall read in its entirety as follows:
'7he 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 S4,500 per EDU in non-ad valorem special assessments.
9/19/07 Aam,d Ica 1
cow System D..o,
The County shall provide up to 531,800,000 for the costs of
acquisition, procumnent, 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 _ - cn n
responsibility of levying special assessments for wastewater projects. v
Lower Keys projects included under this Agreement are Big Coppitt _ —
area, Cudjoe-Sugarloaf area. and Blg Pine area. Other
unincorporated County projects am Duck Key and Long Key. The
County and FKAA understand and agree that the County may secure
state revolving loan funds horn the Department of Environmental - o n
Protection or(Inds from any other source lawiblly available to meet - o
the County's obligation toprovide (sending toward the cost of cn
acquisition, procurement, design and construction of wastewater
projects in the Lower Keys pursuant to this Interlocal Agreement As
of the date of this Amendment, the non-ad valorem special
assessments per EDU to be paid by the ceopetry owners lee the
Cudjoe Regions'Wastewater Project shall be limited to no more than
55,7007
Section 2. All of the terms of the September 6, 2005 Inmlocal Agreement, as previously
amended,not inconsistent herewith shall remain in full force and effect,
-Section 1 This Amendment to the Iutsdoal Agreement may be executed in several counterparts,
each of which shall 6e an original and all of which shall constitute but one and the same
instrument
IN WiTNBSS WHEREOF,the County and FKAA have caused this First Amendment to
the Interlaal Agreement to be duly executed as of the I W"day ofApd4 2012.
FLORIDA KEYS AQUEDUCT A MUTT BOARD OF COUNTY COMMISSIONERS
KEY WEST ' r RIDA OF MONROE CO `,FLORIDA
BY: I I BY:
irk Zuel •T ive Director Mayor David Rice
9- II -r2
DATE DATE y
ATTEST: ATTEST:
BY: C -y _if'Q,s,� , BY: L.K L� CE,CI ryE K'
DATE DATE
9/19107 Amend ILA 2
WW System Derpt
it V)
APPROVED AS TO FORM AND APPROVED AS TO FORM
BY. gYcli�htil
Fe an A. u
FKAA General Counsel Cou7 A
Date:
/,2rL
y
ATTEST:
BY: .lam
FKAA BOARD APPROVED: APRIL 25, 2012
9119N7 Amend ILA 3
WW System Devpl