Supplement 06/16/2021 fr'°tw"' "0, Kevin Madok, CPA
!
h,a a Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: June 23, 2021
TO: Tina I.oSacco, Sr.Technician
Wastewater
FROM: Sally M. Abrams, D.C.
SUBJECT: March 17, 2021 BOCC Meeting
Attached, for your handling, is item Ml, Supplement to 2005 Lease of Wastewater
Facilities to the Florida Keys Aqueduct Authority (FKAA) to delineate the boundaries of the Big
Coppitt Wastewater Treatment Plant (WWTP).
Should you have any questions, please feel free to contact me at ext. 3550. Thank you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
FIRST SUPPLEMENT TO LEASE AGREEMENT
BY AND BETWEEN MONROE COUNTY, FLORIDA
AND
FLORIDA KEYS AQUEDUCT AUTHORITY
[BIG COPPITTI
This First Supplement("Supplement")to the Lease Agreement dated September 6, 2005, is made
and entered into as of the 17th day of March 2021, by and between Monroe County, Florida, a
political subdivision of the State of Florida, as lessor ("Lessor" or "County"), and Florida Keys
Aqueduct Authority, an independent special district, as lessee ("Lessee"or"FKAA") (hereinafter
collectively, the "Parties"), as hereinafter set forth.
WITNESSETH:
WHEREAS, the Lessor and Lessee entered into a certain Lease Agreement("Lease Agreement")
dated as of September 6,2005, as recorded in the Official Records of Monroe County;and
WHEREAS, the Lease Agreement stated that the system site and description of system would be
attached as Exhibits A and B to the Lease Agreement, respectively, however,these exhibits were
not attached to the Lease Agreement; and
WHEREAS, the Lessor is the owner of that certain real property more particularly described in
Exhibit A hereto and made a part hereof, consisting of four parcels(Parcel"A," Parcel"B," Parcel
"C", and Parcel "D") collectively with RE#00122070-000700 ("County Property"); and
WHEREAS, within the County Property, FKAA has requested to use Parcel A, only, as a site for
operation of a wastewater treatment plant on Big Coppitt Key (the "System Site Parcel"); and
WHEREAS, the Lessee intends to design, construct, equip and operate on the System Site parcel
the Project as described on Exhibit B hereto, as a portion of the System, as that term is defined in
the Lease Agreement; and
WHEREAS, pursuant to paragraphs 2.1 and 9.1 of the Lease Agreement, the Parties desire to
revise the Lease Agreement to designate Parcel A, the System Site Parcel, as the subject property
for the Big Coppitt portion of the wastewater system covered by the Lease Agreement, thereby
subjecting the System Site Parcel to the Lease Agreement.
NOW THEREFORE, in consideration of the premises and other good and valuable consideration,
the receipt and sufficiency whereof is hereby acknowledged by each party to the other party to the
Lease Agreement and to this Supplement, the Parties hereto do hereby acknowledge and agree as
follows:
(I) The foregoing recitations are true and correct and are incorporated herein by reference.
(2) The Site Survey and the Site Layout,attached hereto collectively as Exhibit A and Exhibit
B respectively to this Supplement,are hereby declared to be the System Site for the purpose
1
of the Big Coppitt portion of System, as those terms are both defined in the Lease
Agreement, and part of the overall System Site for the System, again as those terms are
defined in the Lease Agreement.
(3) The System Site Parcel is hereby declared to be a part of the System (as defined in the
Lease Agreement),constitutes a portion of the System,and therefore is a part of the System
as set forth in the Lease Agreement,with the operation and effect of the Lease Agreement
applying to the System Site Parcel as fully and to the same extent as if the System Site
Parcel had been described in the Lease Agreement, including exhibits to the Lease
Agreement.
(4)The Lease Agreement, as modified by this Supplement, hereby remains in full force and
effect.
IN WITNESS WHEREOF,each of the Parties hereto has cause this Supplement to be executed by
their duly authorized officers or agents,each of whom possesses the requisite corporate authority
to enter into this Supplement,all as of the first day and year above written.
(SEAL)
Attest: KEVIN MADOK,Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY FLORIDrL�
r�;, MA M :I di 4 By: �(i MVP du
Olel
�.Deputy C erk� Mayor/Chairpersont I
.� � 1� L�Z� Date: 1,10.1�� ��� 1
e�
Attest: FLORIDA KEYS AQUEDUCT
AUTHORITY
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ByVc, /(QGL v --c-A- By:
Title: Secretary V Executiv irector
Date: C.. l e. Z \ Date: 6/ / d /-yr)`Z i
Approved as to form and content: ry
ro
Monroe County Attorney's Office -=
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