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Item O02BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 5/20/15 — KL Division: County Attorney Bulk Item: Yes XX No Staff Contact: Bob Shillinger, 305-292-3470 AGENDA ITEM WORDING: Approval of interlocal agreement with the Key Largo Wastewater Treatment District to re -sequence the distribution of Mayfield Grant Funding and authorization to jointly file suit with the District to validate the agreement under Chapter 75, Florida Statutes. ITEM BACKGROUND: The State of Florida has authorized up to $200 million in grant funding to assist Keys' wastewater entities to complete central sewer and related projects. The local governmental entities with wastewater jurisdiction have entered into an interlocal agreement establishing a distribution schedule for those funds. That agreement allows for individual entities to agree to redistribute their respective allocations amongst themselves by side agreement, such as this. Under the proposed agreement, the KLWTD would assign its $17 million grant allocation from the Year 2 of 4 distribution schedule to the County in exchange for the County repaying those funds over time. The proposed ILA also contemplates assignment of future distributions in Years 3 and 4 if the County can still use those funds at that time. The County will repay the funds to the KLWTD using infrastructure sales surtax proceeds which may be lawfully used to finance or refinance existing debt. The County benefits from the agreement by reducing the borrowing costs for the Cudjoe Regional Wastewater Treatment project. By accepting the Mayfield grant funds from the KLWTD, the County avoids having to borrow funds from the State Revolving Fund. The savings on interest on the $17 million Year 2 allocation are estimated to exceed $5.5 million. The KLWTD also benefits from the agreement by being able to use the funds it receives from the County to reduce its outstanding debt. In order to provide protection and predictability to both the County and the District, the proposed ILA contemplates filing a bond validation proceeding under Chapter 75, Florida Statutes. The County and District would jointly file a bond validation proceeding in the Circuit Court for the 161h Judicial Circuit. The County and District would split the costs of the validation proceeding including attorney's fees for bond counsel, which are estimated will total about $50,000.00. PREVIOUS RELEVANT BOCC ACTION: 2/20/2013 (N-7) approved State Wastewater Funding Distribution Agreement for "Year Two of Four " 9/17/2013 (0-7) approved Amendment to "State Wastewater Funding Distribution Agreement for "Year Two of Four " CONTRACT/AGREEMENT CHANGES: Re -sequences the distribution of Mayfield Grant Funding for "Year 2 of 4" to benefit both Monroe County and KLWTD. STAFF RECOMMENDATIONS: Approval TOTAL COST: Net savings INDIRECT COST: staff time TBD BUDGETED: n/a DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: Net savings SOURCE OF FUNDS: Ad valorem for validation 304 Fund for repayment REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/P rchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 Above This Line For Official Use Only INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE KEY LARGO WASTEWATER TREATMENT DISTRICT TO RE -SEQUENCE THE DISTRIBUTION OF MAYFIELD GRANT FUNDING THIS INTERLOCAL G EMENT ("ILA" or "Agreement") is made and entered into this St day of A, 2015, to redistribute or reallocate shares to be distributed pursuant to the 'STATE WASTEWATER FUNDING DISTRIBUTION AGREEMENT FOR `YEAR TWO OF FOUR,"' ("Year Two of Four ILA" or "Year Two of Four Agreement") dated the 20th day of February 2013, as amended by a subsequent interlocal agreement ("Amendment ILA" or "Amendment Agreement") dated the 17th day of September, 2013. This ILA is made by and between the following (the "Parties"): MONROE COUNTY ("County"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Suite 205, Key West, FL 33040; and THE KEY LARGO WASTEWATER TREATMENT DISTRICT ("District" or "KLWTD"), an independent special district established under the Laws of Florida, whose address is P.O. Box 491, Key Largo, FL 33037. WITNESSETH: WHEREAS, in 2008, the State Legislature approved a modification to FS 215.619 authorizing the issuance of up to $200 million of Everglades restoration bonds ("Mayfield Grant Funds"), to help defray the cost of mandated but unfunded sewer projects in the Florida Keys; and WHEREAS, in March of 2012, the State Legislature appropriated, and the Governor subsequently approved, the first of four $50 million yearly allocations of the $200 million in anticipated Mayfield Grant Funds; and WHEREAS, on February 20, 2013, the Parties hereto, along with other governmental entities in Monroe County, entered into the Year Two of Four Agreement, which provides for the Page 1 of 12 distribution of the anticipated $50 million "Year Two of Four" of Mayfield Grant Funds among the entities; and WHEREAS, on September 17, 2013, the Parties hereto, along with other entities in Monroe County, entered into the Amendment Agreement, which provides for the distribution of "Year Two of Four," "Year Three of Four," and "Year Four of Four" of Mayfield Grant Funds among the entities; and WHEREAS, pursuant to the Year Two of Four Agreement, KLWTD received a "Year Two" allocation of $17 million; and WHEREAS, pursuant to the Amendment Agreement, KLWTD will receive a "Year Three" allocation of $12.5 million, and a "Year Four" allocation of $13.5 million; and WHEREAS, in 2014, the State Legislature appropriated, and the Governor subsequently approved, the second of four $50 million yearly allocations of the $200 million in anticipated Mayfield Grant Funds; and WHEREAS, the legislation appropriating the said second of four $50 million yearly allocation specified that the funds be distributed according to the Year Two of Four Agreement, as amended by the Amendment Agreement; and WHEREAS, the Mayfield Grant, as administered by the Florida Department of Environmental Protection allows participating entities located within Monroe County to reassign grant interests among themselves; and WHEREAS, the Amendment Agreement provides at paragraph "6" that "two or more parties to the agreement may agree by a separate agreement to redistribute or reallocate their respective shares of the anticipated funds as set forth in the schedule in paragraph 5(a) of the Amendment Agreement by written instrument, which only needs to be executed by the parties to that separate agreement, subject to appropriate State approvals;" and WHEREAS, KLWTD has remaining projects that involve the construction, reconstruction, and improvement of public wastewater facilities that would qualify as new construction for which its share of the Mayfield Grant funds could be used; and WHEREAS, KLWTD's remaining construction projects, while necessary improvements to KLWTD's infrastructure, are not time -sensitive; and WHEREAS, the County has current, on -going projects that involve the construction, reconstruction, and improvement of public wastewater facilities that would qualify as new construction for which Mayfield Grant funds could be used; and WHEREAS, the majority of the County's remaining wastewater project costs are scheduled to be funded by through the issuance of debt; and Page 2 of 12 WHEREAS, it is in the public interest for the County to reduce its debt service costs for its wastewater projects; and WHEREAS, the Parties recognize that it would be in the best interest of all of the residents of Monroe County, including those who reside within KLWTD's service area, for the KLWTD to assign to the County its Mayfield Grant Funds in exchange for an obligation from the County to repay such assignment of KLWTD's Mayfield Grant Funds over time without interest cost; and WHEREAS, the Parties now desire to amend the terms of the original Year Two of Four Agreement, as amended by the Amendment Agreement, by assigning the funds to which KLWTD is entitled under the Year Two of Four Agreement as amended by the Amendment Agreement to the County to be applied by the county for new and/or current County wastewater projects, in exchange for the County's obligation to repay such amounts over time. NOW THEREFORE, in consideration of the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is acknowledged by both of the Parties, and pursuant to Section 163.01, et. seq., Florida Statutes, the Florida Interlocal Cooperation Act of 1969, the Parties hereto agree as follows: 1. DEFINITIONS. Terms defined in Paragraph "1" of the Year Two of Four Agreement, as amended by the Amendment Agreement, have the same meaning in this Agreement unless otherwise specified herein or unless the context clearly requires a different meaning. 2. RECITALS. The recitals set forth above are true and correct and are hereby incorporated in this Agreement. 3. EFFECTIVE DATE, TERM, AND TERMINATION. a) Effective Date: This ILA shall take effect on the date it is fully executed by an authorized officer of both of the Parties. b) Term and Termination: 1) This ILA shall continue in full force and effect until the County has satisfied all of its payment obligations hereunder. 2) This ILA may be terminated by the mutual consent of both of the Parties, in writing. Page 3 of 12 4. . PURPOSE a) It is the purpose of this ILA to make the most efficient possible use of the Mayfield Grant Funds for the benefit of all residents of Monroe County, including those residing within the KLWTD service area and to improve the health, safety and welfare of those residents. b) It is also the purpose of this ILA to provide the County with an alternative, less expensive source of funding, which shall replace financing already secured by the County, for new and/or current wastewater construction projects or other such projects as permitted by law, while at the same time providing KLWTD with a mechanism for receiving the distribution of funding that it has been allocated and to which it is entitled pursuant to and in accordance with the Year Two of Four Agreement, as amended by the Amendment Agreement. c) It is the further purpose of this ILA to amend the terms of the Year Two of Four Agreement, as amended by the Amendment Agreement, for the KLWTD to assign to the County KLWTD's Mayfield Grant Funds for new and/or current County wastewater construction projects and to provide for the replacement of those Funds through the County's repayment obligation to KLWTD as described herein. 5. CONSIDERATION. a) The County agrees: 1) To pay KLWTD the full amount received by the County from the assignment of each portion of KLWTD's allocation of the Mayfield Grant Funds up to an aggregate principal amount of $43,000,000 (each an "Obligation" and collectively, the "Obligations"), under the following terms: (a) The Obligations will not bear any interest. (b) The principal amount of each Obligation shall equal the principal amount of each Mayfield Grant Funds allocation assigned by KLWTD to the County. (c) Each Obligation shall have a term of 10 years commencing upon receipt of the applicable Mayfield Grant Funds. (d) Subject to the provisions of Section 5(a)(1)(f) hereof, each Obligation shall be payable in equal annual amounts on April 1 of each year, commencing on the April 1 that immediately succeeds the receipt of an allocation of KLWTD's Mayfield Grant Funds by at least 60 days. The County and KLWTD shall mutually agree to each repayment Page 4 of 12 schedule prior to the receipt by the County of any allocation of Mayfield Grant Funds. (e) Notwithstanding anything herein to the contrary, at no time during the first three (3) years of this Agreement shall the County be required to pay more than One Million ($1,000,000.00) Dollars in payments in any one fiscal year of the County pursuant to this Agreement. (f) The County may prepay any portion of the Obligation at anytime without penalty or premium. (g) The principal balance shall decrease by the amount of any prepayments made by the County and shall increase by the amount of any payments made by the County which are less than the required amounts hereunder and the remaining repayment schedule shall be adjusted accordingly. (h) The County may pay any portion of the Obligation with any legally available funds of the County; provided however, regardless of the source of such payments, KLWTD shall not be bound by any restrictions the County may otherwise have had with respect to such source of funds. (i) The Obligation under this Agreement shall constitute a "bond or certificate of indebtedness" within the meaning of Section 75.01, Florida Statutes 2) That said Obligation shall be secured by the Infrastructure Sales Surtax Revenues (as defined in Resolution No.. 077-2003 of the County adopted by the Board of County Commissioners of the County on February 19, 2003, as amended and supplemented (collectively, the "Bond Resolution")); provided, however, the Obligation and the County's repayment obligations hereunder shall be subordinate and junior in all respects to the County's obligations with respect to any Bonds heretofore or hereafter issued under the Bond Resolution and the County's obligations under any heretofore or hereafter entered loan agreements with the State of Florida, including but not limited to the Department of Environmental Protection. 3) That the County will comply with all applicable State and Federal laws, regulations, and rules with respect to the use of the funds assigned herein. 4) That the County agrees to accept funds under this agreement under the following terms: Page 5 of 12 (a) The County agrees to accept KLWTD's Year Two of Four allocation of $17,000,000 in its entirety upon acceptance of this agreement. (b) The County agrees to accept KLWTD's Year Three of Four allocation of $12,500,000 in its entirety or, should the total Mayfield allocation be less than $50 million for that year, the proportional amount that would be allocated to KLWTD in accordance with the provisions of paragraph 5(b) of the Amendment Agreement, if and when such allocation is available and if such funds are still needed by the County to complete any projects lawful under the statutes. The County agrees to accept KLWTD's Year Four of Four allocation of $13,500,000 in its entirety or, should the total Mayfield allocation be less than $50 million for that year, the proportional amount that would be allocated to KLWTD in accordance with the provisions of paragraph 5(b) of the Amendment Agreement if and when such allocation and is available and if such funds are still needed by the County to complete any projects lawful under the statutes. b) KLWTD agrees: 1) To assign to the County any unused portion of its "Year Two of Four," "Year Three of Four" and "Year Four of Four" distributions of its Mayfield grant award. c) Both Parties agree: 1) The total amount of $43,000,000 currently allocated to KLWTD in accordance with the Year Two of Four Agreement as amended by the subsequent Amendment Agreement shall not be altered by this Agreement other than by those amounts included in the principal portion of the Obligation incurred by the County pursuant to this Agreement. Any portions of KLWTD's distribution allocated in accordance with the Year Two of Four Agreement as amended by the subsequent Amendment Agreement which exceeds the amounts transferred to the County by KLWTD pursuant to this Agreement, shall remain allocated to KLWTD. 2) That the County shall have the option, at its sole discretion, to accept the transfer of additional allocations, beyond the Year Three of Four allocation in paragraph 4)(b) above, with the following provisions. (a) Both Parties agree to amend this ILA to cover those additional allocations. Page 6of12 (b) In no event shall either Party be required to agree to a change of any other terms or conditions of this Agreement or the Obligation incurred pursuant hereto at that time of such amendment. (c) Such additional transferred allocations shall be included as part of the Obligation incurred hereunder. (d) In such event, the County agrees to notify the District of its intent to accept the transfer of such additional allocations not later than June 15, 2016. Should the County not have notified KLWTD of its intent to accept the transfer of such additional allocations by June 15, 2016, then the remaining allocations shall be available to KLWTD. d) Each party shall be responsible for its own counsel's fees up to the point where the parties have agreed upon and accepted the terms and conditions of this ILA. e) Fees for Chapter 75 validation proceeding shall be split equally between the Parties and paid equally by the Parties. f) The County and its counsel shall be authorized and required to institute appropriate proceedings for validation of this Agreement and the Obligation herein authorized pursuant to Chapter 75, Florida Statutes. Neither party shall be required to perform under this Agreement until the Agreement and the Obligation have not been so validated. g) In the event the Parties are unable to agree on mutually acceptable terms and conditions of the Obligation, then and in that event, this Agreement shall be null and void and neither party shall have any recourse against the other. h) Each party shall maintain at its respective place of business all books, documents, papers, and other evidences pertaining to this Agreement. Such record shall be available at any time that the other party reasonably requests inspection and copying of said records. i) The parties shall allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, and the Constitution of the State of Florida and which have been made or received by either party in conjunction with this Interlocal Agreement. 6. SEVERABILITY. a) If any provision or a part of a provision of this Agreement relating to the Obligation, or the provisions of paragraph 5 above, is found by a court, arbitrator or other authority of competent jurisdiction to be void or unenforceable, this entire Agreement shall be null, void, unenforceable, and without effect. Page 7of12 b) If any provision or part of a provision of this ILA, other than a provision relating to the Obligation, or the provisions of paragraph 5 above, is found by a court, arbitrator or other authority of competent jurisdiction to be void or unenforceable, that provision or part of a provision is to be deemed deleted from this ILA and the remaining provisions to continue in full force and effect. The Parties shall, in this event, seek to agree upon a valid and enforceable provision or part of a provision to replace the provision or part of a provision found to be void and unenforceable. 7. THIRD PARTY RIGHTS. a) This ILA is made for the benefit of KLWTD and the County and not for any other entity or person. b) No provision of this ILA is be construed as creating any rights enforceable by a third party, and all third party rights implied by law are, to the extent permissible by law, excluded from this ILA. 8. JOINT PREPARATION. The preparation of this ILA has been a joint effort of the Parties, and this ILA has been carefully reviewed by the Parties. Therefore, this ILA shall not, solely as a matter of judicial interpretation, be construed more severely against one of the Parties than the other. 9. COUNTERPARTS. This ILA may be executed in counterparts and by each Party on separate counterparts, each of which, when so executed and delivered, shall be an original and all of which shall together constitute one and the same Agreement. Signature pages may be detached from the various counterparts and attached to a single copy of this document to physically form one document. A facsimile version of any signature shall be deemed an original for all purposes. 10. GENERAL PROVISIONS. a) This ILA shall be recorded in the Office of the Clerk of Monroe County upon its execution by all parties hereto. This ILA shall also be filed with the Florida Department of Environmental Protection and govern the disbursement of all future Mayfield Grant Funds. b) This ILA may be modified and amended only by written instrument duly executed by the Parties hereto. c) The laws of the State of Florida shall control and govern this Agreement. Page 8 of 12 d) The subject headings of the paragraphs are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. e) Any provision of this Agreement that is continuing in nature or imposes an obligation that extends beyond the expiration or termination of this Agreement shall survive its expiration or termination. f) No delay or omission on the part of either Party in exercising any right hereunder shall operate as a waiver of such rights or any other right and waiver on any one or more occasions shall not be construed as a bar to or waiver of any right or remedy on any future occasion. 11. CERTIFICATION OF AUTHORITY. The Parties do hereby certify that any and all necessary resolutions of their respective governing boards that may be required to effectuate and validate the terms of this Agreement have been duly made and adopted. 12. ENTIRE AGREEMENT. This Agreement, the Amendment Agreement, and the original Year Two of Four Agreement embody the entire agreement between the Parties with reference to the distribution of the balance of the $150 million of Mayfield Grant Funds. In the event of any conflict or inconsistency between the provisions of the Original ILA and/or the Amendment Agreement, and this Agreement, the provisions of this Agreement shall control and govern as between the Parties. This Agreement may be modified and amended only by written instrument executed by the Parties hereto. 13. PRIOR ILA'S REMAIN IN FULL FORCE AND EFFECT. Except as specifically modified and amended herein, all of the terms, provisions, requirements and specifications contained in the Year Two of Four Agreement dated the 20th day of February 2013, as amended by the Amendment Agreement dated the 17th day of September, 2013 shall remain in full force and effect. Except as otherwise expressly provided herein, the parties do not intend to, and the execution of this Agreement shall not, in any manner impair the Year Two of Four Agreement as amended by the Amendment Agreement. 14. JOINT COOPERATION. In accordance with paragraph "7" of the Original Year Two of Four Agreement, the Parties agree to cooperate and to use their best efforts and their joint resources to advocate for the appropriation of the balance of the $100 million of Mayfield Grant Funds, and the Page 9 of 12 distribution of those said funds directly to the Parties in accordance with the distribution schedule as set forth in that Agreement. 15. TRANSFERABILITY This Agreement is made and entered into by and between the County and the KLWTD, inter alia, to assign to the County KLWTD's anticipated share of the funds generated by the issuance of the Everglades restoration bonds administered by the Florida Communities Trust, known as the "Mayfield Grant Funds," in accordance with the Year Two of Four Interlocal Agreement dated February 20, 2012, entered into by various governmental entities in Monroe County, as amended by the subsequent Amendment Agreement dated September 17, 2013. Should the remaining Mayfield Grant Funds be replaced by, transferred to, reconfigured as, or incorporated into some other act, law, or program authorized and funded by the State of Florida, it is understood and agreed by and between the parties that KLWTD will be entitled to the same amounts from the new act, law, or program and agrees to transfer those amounts to the County under the provisions of this ILA and any amounts os transferred will become a part of the Obligation set forth herein. In the event of such a replacement, transference, or incorporation, this ILA will remain in full force and effect and in all places where this ILA makes reference to the "Mayfield Grant" or "Mayfield Funds," the name or title of the new law, act, or program will be deemed to be substituted therefor, and all the terms and conditions of this ILA shall apply to the funds associated with that said new law, act, or program. 16. DECLARATION OF FUNDING PARITY KLWTD acknowledges that, as of the date of this agreement and subject to the full funding of the Mayfield Grant and all provisions of this ILA and the Obligation described herein, good and satisfactory efforts have been made by the County to address any claim of funding inequity. IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed by their Authorized Officers and have affixed their corporate seals hereon. [SIGNATURES ON FOLLOWING PAGES] Page 10 of 12 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Danny Kolhage, Mayor (SEAL) ATTEST: Amy Heavlin, Clerk Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Robert B. Shillinger, County Attorney Page 11 of 12 BEY LARGO, WASTEWATER TREATMENT DISTRICT L)avid Asdourian, Chairman (SEAL) ATTEST: Mar ela Montedeoea, Clerk APPROVED AS TO FORM AND LEGAL. SUFFICIENCY: Rey Giglio, General Counsel Page 12 of 12 1. 2. ADDITIONAL BACK-UP: 2/20/13 State Wastewater Funding Agreement for "Year Two of Four" 9/17/13 Amendment to "State Wastewater Funding Agreement for "Year Two of Four" STATE WASTEWATER FUNDING DISTRIBUTION AGREEMENT FOR "YEAR TWO OF FOUR" THIS AGREEMENT ("Agreement") made and entered into this 20th day of February , 2013, by and between the following Parties for the distribution of the second of four $50 million yearly allocations of State funding from the Save Our Everglades Trust Fund. PARTIES: CITY OF KEY COLONY BEACH (hereinafter referred to as "Key Colony Beach'), a municipal corporation of the State of Florida, whose address is P.O. Box 510141, Key Colony Beach, FL 33051-0141;and CITY OF KEY WEST (hereinafter referred to as "Key West"), a municipal corporation of the State of Florida, whose address is 3132 Flagler Avenue, Key West, FL 33040, and CITY OF MARATHON (hereinafter referred to as "Marathon"), a municipal corporation of the State of Florida, whose address is 9805 Overseas Highway, Marathon, FL 33050; and FLORIDA KEYS AQUEDUCT AUTHORITY (hereinafter referred to as "FKAA), an independent special district established under the Laws of Florida, whose address is 1100 Kennedy Drive, Key West, FL 33040; and KEY LARGO WASTEWATER TREATMENT DISTRICT (hereinafter referred to as "KLWTD"), an independent special district established under the Laws of Florida, whose address is P.O. Box 491, Key Largo, FL 33037; and ISLAMORADA, VILLAGE OF ISLANDS (hereinafter referred to as "IslamoraM ), a municipal corporation of the State of Florida, whose address is 86800 Overseas Highway, Islamorada, FL 33036; and MONROE COUNTY (hereinafter referred to as "County"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Suite 205, Key West, FL 33040; and WITNESSETH: WHEREAS, Monroe County contains a National Marine Sanctuary (Florida Keys National Marine Sanctuary), several Federal and State Parks, and State Aquatic Preserves (Coupon Bight Aquatic Preserve and Lignumvitae Key Aquatic Preserve); and WHEREAS, Monroe County and Key West were determined by the State Legislature to be areas containing, or having a significant impact upon, environmental or natural resources of regional or statewide importance that is so environmentally sensitive and fragile, that Monroe Page 1 of 15 February 11, 2013 Revision County and Key West were designated by the State as Areas of Critical State Concern pursuant to Sections 380.05, Florida Statutes; and WHEREAS, the Florida Department of Environmental Protection has determined that excessive nutrients are a primary contributor to water quality degradation in the Florida Keys, leading to depressed oxygen levels, increased algae and an imbalance in the number and diversity of native aquatic life, and WHEREAS, in 1999, the State Legislature established binding treatment and disposal requirements for all wastewater management facilities in Monroe County; and WHEREAS, the County, FKAA, Key Colony Beach, Key West, KLWTD, Islamorada, and Marathon (collectively, the "Parties"), are all engaged in efforts to provide centralized wastewater treatment plants and collection systems throughout the Florida Keys and to upgrade and improve existing wastewater treatment systems to protect the fragile ecosystem of the Florida Keys and to comply with the requirements of Chapter 99-395; and WHEREAS, the responsibility for financing the construction or upgrade of wastewater management facilities in the Florida Keys resides with the Parties to this Agreement and the business owners, homeowners, and property owners in the areas served by the Parties; and WHEREAS, in 2008 the State Legislature approved a modification to Section 215.619, Florida Statutes, authorizing the issuance of $200 million of Everglades restoration bonds for the purpose of implementing the Florida Keys Area of Critical State Concern protection program under Sections 380.05 and 380.0552, Florida Statutes; and WHEREAS, the Florida Keys Area of Critical State Concern protection program calls for the restoration and conservation of natural systems through, among other things, the implementation of state -mandated wastewater management projects identified in the Keys Wastewater Plan, dated November 2007, and submitted to the Florida House of Representatives on December 4, 2007; and WHEREAS, the $200 million generated by the issuance of Everglades restoration bonds is administered by the Florida Communities Trust (the "Mayfield Grant Funds'); and WHEREAS, in March of 2012, the State Legislature appropriated and the Governor subsequently approved, the first of four $50 million yearly allocations of the $200 million in Mayfield Grant Funds; and WHEREAS, the first of four $50 million yearly allocations of Mayfield Grant Funds was disbursed with the stipulation that 60% of the said $50 million be distributed to the County for the Cudjoe Regional Wastewater Project and that 40% be distributed to Islamorada; and WHEREAS, the Parties anticipate the State will disburse the second or Year Two of Four distribution of Mayfield Grant Funds -in Fiscal Year 2013; and Page 2 of 15 February 11, 2013 Revision WHEREAS, this Agreement details and specifies the Year Two of Four distribution of Mayfield Grant Funds that the Parties have determined to be, and have agreed would be fair and equitable to all Parties. NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement, and other valuable consideration, the sufficiency and receipt of which is acknowledged by all of the Parties, the Parties hereby agree as follows: 1. DEFINITIONS - As used herein, the following terms shall have the following meanings, unless the context clearly otherwise requires: Agreement shall mean this Interlocal Agreement. Authorized Officer shall mean the Mayors of the County, Key Colony Beach, Key West, Islamorada, and Marathon, and the Chairperson of the Boards of the FKAA and the KLWTD. Fiscal Year shall mean the State of Florida fiscal year, i.e., the period commencing on July 1 of each year and continuing through the next succeeding June 30, or such other period as may be prescribed by law. Fund, Funds or Funding shall mean the Mayfield Grant Fund, Mayfield Grant Funding, or State Wastewater Funding. Mayfield Grant Fund or State Wastewater Fund shall mean the $200 million authorized by the State Legislature pursuant to Section 215.619, Florida Statutes and distributed by the State to the Parties pursuant to Section 215.619(1)(a)2, Florida Statutes. Party or Parties shall mean the signatories to this Agreement, individually or collectively (to wit: the County, FKAA, Key Colony Beach, Key West, KLWTD, Islamorada, and Marathon. State shall mean the State of Florida. Wastewater shall mean sewage or effluent of any nature or originating from any source. Year Two of Four shall mean the second of four $50 million yearly allocations of Mayfield Grant Funds. 2. RECITALS. The recitals set forth above are true and correct and are hereby incorporated in this Agreement. Page 3 of 15 February 11, 2013 Revision 3. EFFECTIVE DATE AND TERM. (a) This Agreement shall take effect on the date it is fully executed by the Authorized Officer of all of the Parties. (b) This Agreement shall continue in full force and effect until: 1) All of the anticipated Year Two of Four Mayfield Grant Funding has been distributed to the Parties in accordance with this Agreement and there are no additional Year Two of Four Mayfield Grant Funds available to be distributed; or 2) This Agreement is terminated by the mutual consent of all of the Parties, in writing. 4. DISTRIBUTION OF FUNDS. (a) If the State appropriates the anticipated Year Two of Four $50 million allocation of Mayfield Grant Funds, all such Funding so received shall be distributed to the Parties in accordance with and pursuant to the distribution schedule set forth below. YEAR TWO of FOUR STATE WASTEWATER FUNDING SCHEDULE Wastewater Project (Recipient) Amount County $0 FKAA $5 000 000 Key Colony Beach $1000,000 Key West $4 000 000 KLWTD $20,000,000 Islamorada $0 Marathon $20,000 000 TOTAL $50 000 000 (b) In the event the State appropriates less than the anticipated $50 million Year Two of Four allocation of Mayfield Grant Funds, all such Funding received shall be distributed to the Parties on a pro rata basis pursuant to the distribution schedule as set forth in paragraph 4. (a) above. (c) In the event the State appropriates less than the anticipated $50 million Year Two of Four allocation Annual Appropriation, the State subsequent appropriation of the Year Three, Four, Five, etc., of the Mayfield Grant shall continue to be distributed on a prorate basis predicated on the Paragraph 4a distribution schedule until such time as all parties have received the allocation amount specified in Paragraph 4a. Page 4 of 15 Febmaazy 11, 2013 Revision 5. UTILIZATION OF FUNDING. (a) Any Mayfield Grant Funds received by the Parties from the State shall be utilized by the Parties to finance or refinance the cost of constructing sewage collection, treatment, and disposal facilities; or any other lawful purpose in accordance with the laws, statutes, rules, and regulations promulgated by the State with reference to the expenditure of any such Funds. 6. NO GUARANTEED DISTRIBUTION AMOUNT. The amount of Funding to be received by each Party pursuant to this Agreement is dependent upon (a) the amount of Funding actually received from the State, (b) the restrictions and requirements set forth in Section 215.619, Florida Statutes, as well as the bonding, appropriations, and distribution processes of the State, and (c) Paragraph 4 of this Agreement. i. JOINT COOPERATION The Parties agree to cooperate and to use their best efforts and their joint resources to advocate for the appropriation and distribution of the $50 million Year Two of Four allocation of Mayfield Grant Funds to the Parties. Toward that end: (a) The parties agree to utilize their state lobbyist(s) (if applicable) to request the State Legislature and the Governor to approve and appropriate the Year Two of Four allocation of Mayfield Grant Funds to the Parties pursuant to Paragraph 4a and in accordance with this Agreement. (b) The parties agree to coordinate their lobbying efforts and to work in good faith with each other. In exercising "good faith", a party shall not lobby against the interests of the other parties as it pertains to Year 2 of 4 allocation of Mayfield Grants. Each party shall make reasonable efforts to keep the other parties advised of their own lobbying activities as it relates to State wastewater funding. (c) Each Party shall keep the other Parties informed of all meetings, trips, telephone calls, and developments in a timely fashion. Each Party shall provide such information with enough notice to enable the other Parties to participate in and/or attend such meetings, trips, or telephone calls, if appropriate. H. RECORDS —ACCESS AND AUDITS. All Parties shall maintain adequate and complete records for a period of four years after each Annual Allocation. Each Party, its officers, employees, agents and contractors shall, upon proper request, have access to the books, records, and documents of the other Parties, related to this Agreement. The access to and inspection of such books, records, and documents by the Parties shall occur at a reasonable time upon reasonable notice. Page 5 of 15 February 11, 2013 Revision 9. ASSIGNMENT. No Party may assign this Agreement or any of its obligations under this Agreement without the approval of the other Parties. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns of all of the Parties. 10. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United States, and the State of Florida, whether in effect on commencement of this agreement or adopted after that date. 11. INCONSISTENCY. If any item, condition or obligation of this Agreement is in conflict with other items in this Agreement, the inconsistencies shall be construed so as to give meaning to those terms which limit the responsibility and liability of each Party. 12. NOTICES. Unless otherwise specified, all Notices must be sent by certified mail to the following: FLORIDA KEYS AQUEDUCT Key West, FL 33040 AUTHORITY Executive Director ISLAMORADA VILLAGE OF ISLANDS: 1100 Kennedy Drive Village Manager Key West, FL 33040 868000 Overseas Highway Islamorada, Florida 33036 KEY COLONY BEACH: City Attorney, Thomas D. Wright 9711 Overseas Highway Marathon, FL 33051 City Administrator P.O. Box 510141 Key Colony Beach, FL 33051-0141 KEY LARGO WASTEWATER TREATMENT DISTRICT: General Manager PO Box 491 Key Largo, Florida 33037 KEY WEST: City Manager 3132 Flagler Avenue MARATHON: City Manager 9805 Overseas Highway Marathon, FL 33050 MONROE COUNTY: County Administrator 1100 Simonton Street, Suite 205 Key West, FL 33040 County Attorney P.O. Box 1026 Key West, FL 33041-1026 Page 6 of 15 February 11, 2013 Revision 13. NON -RELIANCE BY NON-PARTIES. No Non -Party entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement or benefit of any service or program contemplated hereunder, and each Party agrees that neither the Party nor any officer, agent, or employee of the Party shall have the authority to inform, counsel or otherwise indicate that any particular individual or groups of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to or superior to the community in general or for the purposes contemplated under this Agreement. 14. HEADINGS. The headings and other captions contained in this Agreement are provided for reference and convenience purposes only and are in no way intended to describe, interpret, define, expand, or limit the scope, extent, or intent of this Agreement, or any provision hereto. 15. IMPLEMENTING ACTIONS OF THE PARTIES. The Parties shall take any and all necessary and appropriate actions relating to the implementation of this Agreement. 16. DISPUTE RESOLUTION. With respect to any dispute, claim, or controversy arising out of or relating to this Agreement, or any Parry's performance thereof, or the breach, termination, enforcement, interpretation or validity thereof, the Parties shall utilize the process for dispute resolution set forth in Chapter 164, known as the "Florida Governmental Conflict Resolution Act". 17. ATTORNEYS' FEES AND COSTS. In the event there is litigation arising under or related to Agreement, each Party shall pay its own attorneys' fees and costs and expenses incurred in enforcing the Agreement including any appellate attorney's fees. 18. GOVERNING LAw; VENUE. This Agreement shall be governed by and construed according to the laws of the State of Florida and venue shall be proper exclusively in Monroe County. 19. HOLD HARMLESS. To the extent provided by law and without waiving Sovereign Immunity, each Party agrees to fully hold harmless, indemnify, defend, discharge and release the other Parties, their officers, employees, agents, contractors and subcontractors from and against any and all causes of action, claims, costs, demands, expenses and losses of whatever type that arise out of or are attributable to Page 7 of 15 February 11, 2013 Revision this Agreement; except for any causes of action, claims, costs, demands, expenses and losses that are the result of the sole negligence or malfeasance of the respective Party. 20. COUNTERPARTS. This Agreement may be executed in any number of counterparts and by each Party on separate counterparts, each of which, when so executed and delivered, shall be an original and all of which shall together constitute one and the same Agreement. Signature pages may be detached from the various counterparts and attached to a single copy of this document to physically form one document. A facsimile version of any signature shall be deemed an original for all purposes. 21. JOINT PREPARATION. The preparation of this Agreement has been a joint effort of the Parties, and this Agreement has been carefully reviewed by the Parties. Therefore this Agreement shall not, solely as a matter of judicial interpretation, be construed more severely against one of the Parties than the other. 22. FULL UNDERSTANDING. This Agreement is the Parties' final mutual understanding regarding the subject matter hereof. It replaces and supersedes any earlier prior and contemporaneous agreements or understandings, whether written or oral. This Agreement may be modified and amended only by written instrument executed by the Parties hereto. 23. INTERLOCAL AGREEMENT. This Agreement shall constitute an inter -local agreement pursuant to Section 163.01, Florida Statutes. IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed by their Authorized Officers and have affixed their corporate seals hereon. [SIGNATURES ON FOLLOWING PAGES] Page 8 of 15 February 11, 2013 Revision BOARD OF COUNTY COMMISSIONERS OF MO OE COUNT , FLORIDA George Ne ent, Mayor (SEAL) ATTEST: Amy Heavlin, Clerk Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Robert B. Shillinger, County Attorney fV O q C' - '.Tt N CD . 3 rrt O Page 9 of 15 February 11, 2013 Revision CITY OF KEY COLONY BEACH, FLORIDA 41414xzg;�, Ronald A. Sutton, Mayor (SEAL) ATTEST: a ` City Clirk C'c-thy k"r<<n9er APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Thomas D. Wright, City Attorne Page 10 of 15 February 11, 2013 Revision lklff Notary Public State of Florida � Lois Krause My Commissim EE016642 00 Mr1s. Expires 0511IV2016 CITY OF KEY WEST, FLORIDA 1 /1 A -- Craig dates, ffa)�or APPROVED AS T 9M AND LEGAL SUFFICIENCY -�96wn Smith, C Aftz�orney Page 11 of 15 February 11, 2013 Revision (SEAL) ATTEST: Diane Clavier, City Clerk CITY OF MARATHON, FLORIDA SUFFICIENCY: Page 12 of 15 February 11, 2013 Revision FKAA Board Approved: February 27, 2013 (SEAL) ATTEST: Clerk FLORIDA KEYS AQUEDUCT AUTHORITY �L wow-m-21, / APPROVED AS TO FORM AND LEGAL SUFFICIENCY: G T. Fe , General Counsel Page 13 of 15 February 11, 2013 Revision KEY LARGO WASTEWATER TREATMENT Seal ATTEST: Carol Walker, District Clerk AP OVED AS TO FORM AND LEGAL SUFFICIENCY: Raymon Giglio, General Counsel Page 14 of 15 February 11, 2013 Revision ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA V4tJ 6D Ken PlAilipson, Mayor (SEAL) ATTEST: ,&VIA Vill ge Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Nina Boniske, Village Attorney Page 15 of 15 February 11, 2013 Revision "STATE WASTEWATER FUNDING DISTRIBUTION AGREEMENT FOR `YEAR TWO OF FOUR "' THIS AMENDMENT AGREEMENT ("Amendment Agreement") is made and entered into this day of 2013, to amend the "STATE WASTEWATER FUNDING DISTR UTION AGREEMENT FOR `YEAR TWO OF FOUR,"' entered into the 20th day of February 2013, by and between the following Parties: PARTIES: CITY OF KEY COLONY BEACH (hereinafter referred to as "Key Colony Beach"), a municipal corporation of the State of Florida, whose address is P.O. Box 510141, Key Colony Beach, FL 33051-0141; and CITY OF KEY WEST (hereinafter referred to as "Key West"), a municipal corporation of the State of Florida, whose address is 3132 Flagler Avenue, Key West, FL 33040, and CITY OF MARATHON (hereinafter referred to as "Marathon"), a municipal corporation of the State of Florida, whose address is 9805 Overseas Highway, Marathon, FL 33050; and FLORIDA KEYS AQUEDUCT AUTHORITY (hereinafter referred to as "FKAA), an autonomous public body corporate and politic established under the Laws of Florida, whose address is 1100 Kennedy Drive, Key West, FL 33040; and KEY LARGO WASTEWATER TREATMENT DISTRICT (hereinafter referred to as "KLWTD"), an independent special district established under the Laws of Florida, whose address is P.O. Box 491, Key Largo, FL 33037; and ISLAMORADA, VILLAGE OF ISLANDS (hereinafter referred to as "Islamorada"), a municipal corporation of the State of Florida, whose address is 86800 Overseas Highway, Islamorada, FL 33036; and MONROE COUNTY (hereinafter referred to as "County"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Suite 205, Key West, FL 33040; and Page I of 13 Amendment to "State Wastewater Funding Distribution Agreement For 'Year Two Of Four"' WITNESSETH: WHEREAS, in 2008 the State Legislature authorized the issuance of $200 million of Everglades restoration bonds ("Mayfield Grant Funds"), to be administered by the Florida Communities Trust; and WHEREAS, in March of 2012 the State Legislature appropriated, and the Governor subsequently approved, the first of four $50 million yearly allocations of the $200 million in anticipated Mayfield Grant Funds; and WHEREAS, the first of the four $50 million yearly allocations of Mayfield Grant Funds was disbursed by the State with the stipulation that 60% of the said $50 million be distributed to the County for the Cudjoe Regional Wastewater Project and that 40% be distributed to Islamorada; and WHEREAS, the Parties entered into an Interlocal Agreement, dated the 20th day of February 2013 ("Original ILA") with reference to the distribution of the anticipated $50 million "Year Two of Four" of Mayfield Grant Funds; and WHEREAS, Paragraph '*(a)" of the Original ILA, details and specifies the distribution of the anticipated $50 million "Year Two of Four" of Mayfield Grant Funds that the Parties have determined to be and have agreed would be fair and equitable to all Parties; and WHEREAS, the Parties now desire to amend the terms of the Original ILA to cover how the "Year Two of Four," "Year Three of Four," and "Year Four of Four" of Mayfield Grant Funds will be disbursed by the State directly to the Parties; and WHEREAS, notwithstanding any interpretations of Section 215.619 Florida Statutes to the contrary, the Parties agree that wastewater infrastructure in Key West (separately designated as an area of Critical State Concern pursuant to Rule 28-36.001 F.A.C.) advances the principles underpinning the Mayfield Grant Funds authorized by that Section, and that Key West should, therefore, share in appropriations related thereto. NOW THEREFORE, in consideration of the mutual covenants set forth in this Amendment Agreement and other valuable consideration the sufficiency and receipt of which is acknowledged by all of the Parties, the Parties hereby agree as follows: Page 2 of 13 Amendment to "State Wastewater Funding Distribution Agreement For `Year Two Of Four"' 1. DEFINITIONS. Terms defined in Paragraph "1" of the Original ILA have the same meaning in this Amendment Agreement unless otherwise specified. 2. RECITALS. The recitals set forth above are true and correct and are hereby incorporated in this Amendment Agreement. 3. EFFECTIVE DATE AND TERM. (a) This Amendment Agreement shall take effect on the date it is fully executed by the Authorized Officer of all of the Parties. (b) This Amendment Agreement shall continue in full force and effect until: 1) All of the anticipated $200 million of Mayfield Grant Funding has been distributed to the Parties in accordance with this Amendment Agreement and there are no additional Mayfield Grant Funds available to be distributed; or 2) This Amendment Agreement is terminated by the mutual consent of all of the Parties, in writing. 4. THE ORIGINAL ILA IS HEREBY AMENDED AS FOLLOWS: (a) All references to "Year Two of Four" are hereby deleted and are replaced by, "Year Two of Four," "Year Three of Four," and "Year Four of Four". (b) Paragraph "41" which paragraph is captioned "DISTRIBUTION OF FUNDS," is deleted in its entirety and replaced by paragraph " T' below. Page 3 of 13 Amendment to "State Wastewater Funding Distribution Agreement For 'Year Two Of Four"' 5. DISTRIBUTION OF FUNDS. (a) If the State appropriates the anticipated "Year Two of Four," "Year Three of Four," and "Year Four of Four" $50 million allocations of Mayfield Grant Funding, all such Funding so received shall be distributed to the Parties in accordance with and pursuant to the distribution schedule set forth below. STATE WASTEWATER FUNDING SCHEDULE Wastewater Project (Recipient) Year 2-4 Total Amount Year 2 Year 3 Year 4 Islamorada $24.50 $ 7.00 $ 8.75 $ 8.75 Marathon $34.50 $17.00 $ 8.75 $ 8.75 KLWTD $43.00 $17.001 $12.501 $13.50 Count /FKAA $34.00 $ 5.00 $15.00 $14.00 Key West $12.00 $ 3.00 $ 4.00 $ 5.00 Key Colony Beach $ 2.00 $ 1.00 $ 1.00 $ 0.00 TOTAL In Millions $150.00 $50.00 $50.00 $50.00 (b) In the event the State appropriates less than the anticipated $50 million yearly allocation of "Year Two of Four," "Year Three of Four," and "Year Four of Four" of Mayfield Grant Funding, all such Funding received shall be distributed to the Parties on a pro rata basis pursuant to the distribution schedule as set forth in paragraph 5. (a) above. If the provisions of this paragraph are triggered, the remaining allocation for that year will be completed prior to the distribution of funds for any subsequent year on the schedule. 6. ENTIRE AGREEMENT This Amendment Agreement and the Original ILA embody the entire agreement between the Parties with reference to the distribution of the balance of the $150 million of Mayfield Grant Funds. In the event of any conflict or inconsistency between the provisions of the Original ILA and this Amendment Agreement, the provisions of this Amendment Agreement shall control and govern. This Amendment Agreement may be modified and amended only by written instrument executed by the Parties hereto. However, two or more parties to this agreement may agree by a separate agreement to redistribute or reallocate their respective shares of the anticipated funds as set forth in the schedule in paragraph 5(a) by written instrument, which only needs to be executed by the parties to that separate agreement, subject to appropriate State approvals. Page 4 of 13 Amendment to "State Wastewater Funding Distribution Agreement For 'Year Two Of Four"' 7. ORIGINAL ILA REMAINS IN FULL FORCE AND EFFECT Except as specifically modified and amended herein, all of the terms, provisions, requirements and specifications contained in the Original ILA shall remain in full force and effect. Except as otherwise expressly provided herein, the parties do not intend to, and the execution of this Amendment Agreement shall not, in any manner impair the Original ILA, the purpose of this Amendment Agreement being simply to amend and ratify the Original ILA, as hereby amended and ratified, and to confirm and carry forward the Original ILA, as hereby amended, in full force and effect. 8. JOINT COOPERATION. In accordance with paragraph "T' of the Original ILA, the Parties agree to cooperate and to use their best efforts and their joint resources to advocate for the appropriation of the balance of the $150 million of Mayfield Grant Funds, and the distribution of those said funds directly to the Parties in accordance with the distribution schedule as set forth in herein. 9. SEVERABILITY. If any provision or part of a provision of this Amendment Agreement is found by a court, arbitrator or other authority of competent jurisdiction to be void or unenforceable, that provision or part of a provision is to be deemed deleted from this Amendment Agreement and the remaining provisions to continue in full force and effect. The Parties shall in this event seek to agree upon a valid and enforceable provision or part of a provision to replace the provision or part of a provision found to be void and unenforceable. 10. THIRD PARTY RIGHTS. No provision of this Amendment Agreement is be construed as creating any rights enforceable by a third party, and all third party rights implied by law are, to the extent permissible by law, excluded from this Amendment Agreement. Page 5 of 13 Amendment to "State Wastewater Funding Distribution Agreement For `Year Two Of Four— 11. JOINT PREPARATION. The preparation of this Agreement has been a joint effort of the Parties, and this Agreement has been carefully reviewed by the Parties. Therefore this Agreement shall not, solely as a matter of judicial interpretation, be construed more severely against one of the Parties than the other. 12. COUNTERPARTS. This Agreement may be executed in any number of counterparts and by each Party on separate counterparts, each of which, when so executed and delivered, shall be an original and all of which shall together constitute one and the same Agreement. Signature pages may be detached from the various counterparts and attached to a single copy of this document to physically form one document. A facsimile version of any signature shall be deemed an original for all purposes. 13. INTERLOCAL AGREEMENT. This Agreement shall constitute an inter -local agreement pursuant to Section 163.01, Florida Statutes. IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed by their Authorized Officers and have affixed their corporate seals hereon. [SIGNATURES ON FOLLOWING PAGES] Page 6 of 13 Amendment to "State Wastewater Funding Distribution Agreement For `Year Two Of Four"' BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA George Neugent, Mayor (SEAL) ATTEST: Amy Heavilin, Clerk Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: l Robert B. Shillinger, County Attorney Page 7 of 13 Amendment to "State Wastewater Funding Distribution Agreement For `Year Two Of Four"' CITY OF KEY COLONY BEACH, FLORIDA onald A. Sutton, ayor (SEAL) ATTEST: Cathy H nnmger, City lerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Thomas D. Wright, City Atto y Page 8 of 13 Amendment to 'State Wastewater Funding Distribution Agreement For 'Year Two Of Four"' CITY OF KEY WEST, FLORIDA Z1001" —e V--., Craig Cat ayor APPROVED AS Twl�p"xuvl AND LEGAL SUFFICIENCY Shawn'Smith, City Attorney Page 9 of 13 Amendment to "State Wastewater Funding Distribution Agreement For 'Year Two Of Four "' CITY OF MARATHON, (SEAL) ATTEST: Diane Clavier, City Clerk APPROVED AS TQFORM AND LEGAL SUFFICIENCY: John a Page 10 of 13 Amendment to "State Wastewater Funding Distribution Agreement For 'Year Two Of Four"' FLORIDA KEYS AQUEDUCT AUTHORITY J Ro rt l5ean, Chair (SEAL) ,ATTEST: e� -,� Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Robert T. F d ,General Counsel Page 11 of 13 Amendment to "State Wastewater Funding Distribution Agreement For 'Year 7Wo Of Four"' KEY LARGO W STEWATER TREATMENT STRICT) ajeska, ATTEST: Carol Walker, District Clerk A 3t0 ED AS TO FORM AND LEGAL SUFFICIENCY: 77 —� 16�rnoA Giglio, General Counsel Page 12 of 13 Amendment to "State Wastewater Funding Distribution Agreement For 'Year Two Of'Four "' ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA t w Ke hilipson, May r (SEAL) ATTEST: Vi age Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Nina Boniske, Vi age Attorney Page 13 of 13 Amendment to "State Wastewater Funding Distribution Agreement For 'Year Two Of Four"