1. 1st Amendment 09/10/2003
Clerk of De
Circul coun
Danny L. Kolhage
Office 305-292-3550 Fax 305-295-3663
Memorandum
To: Board of County Commissioners
i?
From: Isabel C. DeSantis, Deputy Clerk
Date: Tuesday, December 16, 2003
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
At the Special BOCC Meeting on September 10, 2003 the Board granted
approval and authorized execution of Amendment Number One to the KW Resort
Utilities Corporation Capacity Reservation and Infrastructure Contract.
Enclosed please find a fully-executed copy of the above document for your files.
Should you have any questions concerning this matter, please do not hesitate to
contact this office.
Copies: County Administrator
Bill Smith, KW Resort Utilities
Finance
County Attorney
File
Mayor Dixie M. Spehar
Monroe County
500 Whitehead Street
Key West, Florida 33040
Dear Mayor:
KW RESORT UTILITIES
PO Box 2125
Key West, Florida 33045
Telephone (305) 294-9578
Facsimile (305) 294-1212
'\iOJ
November 14, 2003
I made one change in paragraph A.
WLS/rms
Sincerely yours,
L1/~ J.. ka/ul@)
William L. Smith, Jr.
lhb-1 ;}to fl1t1-~ 1f-d- ~I ~ ~ e~( ~~ p// ~
~ Db~~\ O--~ r~/ f' ,d-t~6~ 1 ~17'~
/!z~/o ".)
RECEIVED
NOV 1 7 2003
MONROE COUNTY ATTORNEY
LETTER OF TRANSMITTAL
TO:
Mr. Bill Smith
KW Resort Utilities, Inc.
6450 College Road
Key West, FL 33040
DATE:
SEPTEMBER 25, 2003
VIA: Hand Carried
RE: Amendment to Capacity Reservation and Infrastructure Contract
TRANSMITTED HEREWITH PLEASE FIND:
Per the instructions of the County Attorney two duplicate originals of the above-referenced, which
was approved at the BOCC meeting of September 10, 2003.
Please have the appropriate parties sign the documents and return both to this office, along with
the required attachments.
After processing by the County a fully executed copy will be returned to you.
Thank you for your assistance in this matter.
&Id
Aide to Mayor Dixie M. Spehar
jt7cJ t>> 14~9 '5'1'
K. /U JF! CL- 3 3 c.) 1ft)
1 AMENDMENT NUMBER ONE TO THE KW RESORT UTILITIES CORPORATION
2 CAPACITY RESERVATION AND INFRASTRUCTURE CONTRACT
3
4
5 This is an amendment to the Capacity Reservation and Infrastructure Contract
6 between Monroe County, a political subdivision of the State of Florida, hereafter
7 County, and KW Resort Utilities Corporation, a Florida corporation, hereafter Utility.
8 RECITATIONS
9
A.
On July 31, 2002, the parties entered a contract whereby the County
10
purchased a reservation of wastewater treatment capacity from the Utility in an
1~~~5 ~
amount deemed sufficient to treat tA! .'Lll?t8w8~ef' generated on south Stock Island.
11
12
B
In consideration for the County's purchase of the reserved wastewater
13 treatment capacity the Utility agreed to extend its collection system through out
14 south Stock Island and to collect $2700 per EDU (equivalent dwelling unit) from
15 each property owner required by County ordinance to connect to south Stock Island
16 wastewater collection system when the system is complete.
17
C.
As provided for in the parties' July 31, 2002 contract, the $2700 is
18 intended to repay the County for the County's purchase of the wastewater
19 treatment capacity reservation and to pay for the upgrade of the Utility's Stock
20 Island wastewater treatment plant to AWT.
21
D.
Pursuant to the parties' July 31, 2002 contract and the current
22 provision of the Monroe County Code, the $2700 is due in full from each property
23 owner upon notification of availability for connection of the south Stock Island
24 wastewater collection system.
25
E.
In recognition of the financial hardship to some property owners that
26 payment of the $2700 in full might cause the Board of County Commissioners has
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
adopted an ordinance (Ordinance No. 027-2003) that would allow a property
owner to elect to pay the $2700 per EDU (plus ) over a period of up to 20 years
with annual payments collected as non-ad valorem assessments under Sec.
197.3632, FS.
F. As a result of Ordinance No. 027-2003, an amendment to the Capacity
Reservation and Infrastructure Contract is necessary.
In consideration of the mutual promises and consideration set forth below,
the parties agree as follows:
1. The parties' July 31, 2002 contract (the original contract) is attached
to this contract amendment as Exhibit A and made a part of this amendment. The
parties acknowledge that the County in Resolution No. 595-2002 directed that the
Utility upgrade its Stock Island wastewater treatment plant to AWT by January 1,
2007 pursuant to paragraph 5 of the original contract. A copy of Resolution No.
595-2002 is attached to this contract amendment as Exhibit B and made a part of
this amendment.
2. Subparagraph 4A is hereby added to the original contract to read as
follows:
"A. Notwithstanding paragraphs 3 and 4, as a result of the adoption
of Ordinance No. 017-2003, the Utility shall:
(1) collect from a property owner so electing 5% of the total
capacity reservation that would otherwise be due and remit the 5% collected
to the County by the 10th day of the month following the month of collection;
and
1 (2) obtain a written consent to payment of the capacity reservation fee
2 through the non-ad valorem collection method (on the form furnished by the
3 County) and deliver the written consent to the County.
4 The County must by June 1, 2005, determine whether the south Stock
5 Island capacity reservation fee revenue collected through the non-ad valorem
6 assessment method can legally be pledged for the repayment of bonds. If
7 the revenue is pledged, then the $600 per EDU for AWT must be paid to the
8 Utility out of the bond proceeds within 30 days of the County's receipt of
9 such proceeds (except for the $600 per EDU collected from property owners
10 who paid the $2700 in full). If the County chooses not to pledge the capacity
11 reservation fee revenue for the repayment of bonds, then the County agrees
12 in fiscal year 2005-2006 to levy a non-ad valorem assessment on property
13 owners electing the non-ad valorem assessment option that is sufficient to
14 generate $600 per EDU in revenue. That $600 per EDU will then be paid to
15 the Utility for the AWT upgrade. Alternatively, the County may pay the
16 Utility in fiscal year 2005-2006 the $600 per EDU (except for property
17 owners who paid their capacity reservation fees in full), out of any lawfully
18 available revenue source."
19 3. Except as provided in this amendment, in all other respects the
20 parties' original contract remains in full force and effect.
21 4. This contract amendment will take effect on the signature date of the
22 last party to execute this amendment.
23 IN WITNESS WHEREOF, the parties hereto have set their hands and seals as
24 indicated below.
1/:
~"
3:
4'
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
.:....;;::..:.::::';.-::..::,~
,~"'- I ... --', '-.:.:...:;.
:;/;.:.~~~:>~: .... ..'
.i~l~~~~.KOlHAGE.ClERK
.~'~ I!i."~.:~/;.';'...~</~P A C In \..J .t- . .
'c" '="~ . /.JIVZL~
D~:: '~., 'qD~~~g~k .
( /
(SEAL)
Attest:
By
~re~
/I-;cj- tJ2
Date
jconKWRUA
"-
JOHN R. COLLINS
~ql;l~;t~ ~Hmu.EY
tMe-1!.':.l.ll.J;:"lP.-2. --
REV1eWED
D V'~
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~,. >n ~
Mayor/Chairman
By
KW RESORT UTILITIES CORPORATION
By !I~/~:::enl
MONROE COUNTY ATTORNEV
~~~~~~AS TO ~S}I\~:oJJi.
c:\~r ".., r'
\11 JOHN R:R~INS
Date I' \OOU~Ii~~N~~_..___
r-....:>
.\ t::J ."
c:J =
:::;J c....,) I
2" );;. 0 CTl
::U..'?~ rT1 0
or-- n
M:r;-< ..."
g(.-,!""' 0"\ q
c;:o::r.:: ::0
z.o ::c- ::0
-lDr- :Jl: fTI
:<:-1;:'=
" ';;:" - ()
,.......
r- c) .. .-1
1" r~i .-."'.J
.,J:"" '~:J