Resolution 095-2004
Commissioner McCoy
RESOLUTION NO. 095 -2004
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA TO ASSIGN RIGHT TO PURCHASE HAWK'S CAY
WASTEWATER TREATMENT FACILITY TO THE FLORIDA KEYS AQUEDUCT
AUTHORITY
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WHEREAS, the Duck Key Wastewater Cooperative, Inc, (DKWC), Hawk's Cay Investors, Ltd.
(HCI), and the Board of County Commissioners of Monroe County (BOCC), on or about June 20,
2002, jointly executed an Option Agreement For The Transfer Of A Wastewater System
(Agreement); and
WHEREAS, Paragraph 2 of the Agreement provides the BOCC with the option to enter into a
transfer agreement with HCI and DKWC for the purchase of the wastewater transmission and
treatment system serving the Hawk's Cay Development of Regional Impact; and
WHEREAS, Paragraph 4 of the Agreement provides that the BOCC may assign the option to
the Florida Keys Aqueduct Authority (FKAA); and
WHEREAS, the FKAA has requested the BOCC to assign the option to the FKAA; and
WHEREAS, the BOCC has determined that the assignment of the option is in the best
interests of the BOCC, the FKAA, and the property owners of Duck Key, Conch Key, Walker Key and
Indies Island; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA that:
Section 1. The BOCC hereby assigns to the FKAA, pursuant to the provisions of
Paragraph 4 of the Agreement, the option currently held by the BOCC to enter into a
transfer agreement with DKWC and HCI for the purchase of the wastewater transmission
and treatment system serying the Hawk's Cay Development of Regional Impact. The
assignment is effective immediately,
Section 2. The County Administrator is authorized to execute any and all
documents necessary to finalize the assignment of the option, and is di~ctE!l! to
immediately provide notice to DKWC and HCI by copy of this Resolution, ~ ~ ~ ~
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe ~nty, Filori~, at
a regular meeting of said Board held on the 18th day of February, 2004. gc,: w ::,6
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Mayor Nelson
Mayor Pro Tern Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
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(SEAL)
Attest: DANNV L.KOLHAGE, Clerk
ByC~~NROE COUNTY AHO
DeputY Clerk VED AS TO
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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