4th Amendment 08/15/2012 Cr
DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: September 17, 2012
TO: Elisabeth II/nod Senior AAministrator
Sewer Projects
FROM: Isabel C. DeSantis, 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 ($1,000,000) 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
Cr J
FOURTH AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
CONCH KEY/DUCK KEY REGIONAL WASTEWATER SYSTEM
THIS FOURTH 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 dated as of September 6, 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 Monroe County; and
WHEREAS, on September 20, 2006, the County and the FKAA entered into an
interlocal agreement 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
Conch Key/Duck Key Wastewater Service District;and
WHEREAS,on July 15,2009 the County and FKAA amended the interlocal agreement
to increase funding to Five Million One Hundred Thousand Dollars ($5,100,000) to fund
construction of the wastewater treatment plant upgrades and to identify ownership of segments
of the project;and
WHEREAS, on February 17, 2010 the County and the FKAA amended the interlocal
Agreement to increase funding to Six Million Six Hundred Thousand Dollars ($6,600,000) to
fund construction of the wastewater treatment plant upgrades;and
WHEREAS, on August 18, 2010, the County and the FKAA amended the interlocal
Agreement to increase funding to a total of Fifteen Million Four Hundred Thousand Dollars
($15,400,000)to fund construction of the wastewater treatment plant upgrades;and
WHEREAS,additional funding is necessary to continue the project;now therefore
1_N CONSIDERATION of the mutual consideration and premises set forth below, the
parties agree as follows:
1. Section 1, COUNTY FUNDING OF COUNTY-OWNED SEGMENTS OF PROJECT,
of the interlocal agreement (ILA) dated September 20, 2006 , as amended July 15, 2009,
February 17, 2010, and August 18, 2010, shall be amended by adding to Subsection A the
following sentence:
4th Amend Duck Key ILA
J
The County shall pay to the FKAA,no later than September 15,2012,an advance of the
sum of one million dollars ($1,000,000) for construction of County-owned segments of
the Duck Key wastewater project.
2. All other provisions of the ILA dated September 20,2006,as amended on July 15,2009,
February 17,2010,and August 18,2010, for the Conch Key/Duck Key Regional Wastewater
System not inconsistent herewith shall remain in full force and effect.
3. EFFECTIVE DATE. This Agreement will take effect on August 15,2012.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and
year first above written.
N
BOARD OF COUNTY COMMISSIONERS N
OF MONRO Y RDA '„ ryn o
o T
By:
Mayor/Chairperson a
(SEAL) s rn
o
Danny L.Kolhage,Clerk,kn `` ((��
By:.�hQJM C. i)
Deputy Clerk
FLORIDA KEYS AQUEDUCT AUTHORITY
(SEAL)
By:
Kirk Zu r cutive Director
Clerk
4th Amend Duck Key ILA 2