Item L5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 2/18/03 - KL
Division: Commissioner McCoy
Bulk Item: Yes No X
Department: BOCC-3
AGENDA ITEM WORDING:
Resolution assigning the right of the BOCC to purchase Hawk's Cay Wastewater
Treatment Facility to the Florida Keys Aqueduct Authority.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
Option Agreement for the Transfer of a Wastewater System executed by Duck Key
Wastewater Cooperative, Inc. (DKWC), Hawk's Cay Investors, Ltd. (HCI) and the
BOCC on or about June 20, 2002..
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION:
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
REVENUE PRODUCING: yes _ No_ AMOUNT PER
APPROVED BY: County Attome~\\').\~OMBIPurChasi
o
DIVISION DIRECTOR APPROVAL:
TH YEAR
Management_
DOCUMENTATION: Inc1uded:_ To Follow: _ Not Required:
DISPOSITION:
AGENDA ITEM#
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Revised 2/27/01
.........uJ:;;
2/2
Commissioner McCoy
RESOLUTION NO.
-20Qf
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA TO ASSIGN RIGHT TO PURCHASE HAWK'S CAY
WASTEWATER TREATMENT PACJUTY TO THE FLORIDA KEYS AQUEDUCT
AUTHORITY
WHEREAS, the Duck Key Wastewater Cooperative, Inc. (DKWC), Hawk's Cay Investors, Ltd.
(Hel), 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 HeI and DKWC tor 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 (FI<AA); and
WHER.EAS, 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 He! for the purchase of the wastewater transmission
and treatment system serving 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 flnalize the assignment of the option, and is directed to
Immediately provide notice to DKWC and HCI by copy of this Resolution.
PASSED AND ADOPTED by the Bollrd of County Commissioners of Monroe County, Florida, at
a regular meeting of said Board held on the 18th day of February, 2004.
Mayor Nelson
Mayor Pro Tem Rice
COmmissioner McCoy
Commissioner Neugent
Commissioner Spehar
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROe COUN1Y, FLORIDA
By
Deputy aerk
By
Mayor/Chairperson jresHctoFlCM
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