1st Amendment 09/28/2005C181*011he
eircefteoult Danny L. Kolhage
Office (305) 295.3130 Fax (305) 295-3663
To: Richard Collins,
County Attorney
Attn: Kathy Peters
From: Isabel C. DeSantis, l
Deputy Clerk
Date: Friday, January 20, 2006
At the BOCC Meeting of September 28, 2005, the Board approved the following:
Lease Agreement between Monroe County and the Florida Keys Aqueduct
Authority relating to certain lands for the construction, equipping and operation
thereon of a wastewater and sewer system. This document was executed b
October 5 m office on 2005.
At the same meeting, the Board also approved an amendment to the above
document with the insertion of additional wording, subject to approval by the FKAA, as
follows:
Page 6, Line 20 - "Lessor Bonds" shall mean the bonds oroher de_bligations
to be issued by Monroe County, Florida to the limits of (a) the bonding capacity of the
infrastructure sales surtax received by the Lessor and (b) the County's ability to levy
special assessments in an amount not to exceed $4, 500 per EDU.
Attached hereto for your handling is a fully -executed duplicate of the subject
document.
cc: Finance
/File
FIRST AMENDMENT TO LEASE AGREEMENT
BETWEEN
MONROE COUNTY, FLORIDA
as Lessor
F74J
FLORIDA KEYS AQUEDUCT AUTHORITY
As Lessee
which Lease Agreement was dated as of September 6, 2005
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment ("Amendment") to the Lease Agreement dated as of September 6,
2005 (the "Lease") between Monroe County, Florida, a political subdivision of the State of
Florida (the "Lessor"), and Florida Keys Aqueduct Authority, an independent special district (the
"Lessee").
WITNESSETH
WHEREAS, the Lessor and Lessee executed the Lease relating to the lease of certain
wastewater system sites and systems; and
WHEREAS, the Lessor and the Lessee desire to amend the definition of "Lessor
Bonds" included in section 1.1 of the Lease.
NOW, THEREFORE, in consideration of the premises and the covenants and
conditions hereinafter contained and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto amend the Lease as follows:
Section 1. The definition of "Lessor Bonds" in Section 1.1 of the Lease shall be amended to add
the words "or other debt obligations" after the words "Lessor Bonds shall mean the bonds" on
Line 20 of page 6 of the Lease. As amended, the definition of "Lessor Bonds" shall read as
follows:
"Lessor Bonds" shall mean the bonds or other debt obligations to
be issued by Monroe County, Florida to the limits of (a) the
bonding capacity of the infrastructure sales surtax received by the
Lessor and (b) the County's ability to levy special assessments in
an amount not to exceed $4,500 per EDU.
Section 2. All other terms of the Lease shall remain in full force and effect.
Section 3. Execution in Counterparts. This Amendment to the Lease may be executed in
several counterparts, each of which shall be an original and all of which shall constitute but one
and the same instrument.
2
IN WITNESS WHEREOF, the Lessor and Lessee have caused this First Amendment to
the Lease -le -be duly executed on the date set forth below their respective signatures.
Kolhage, Clerk
By10/
[Deputy] ClerlE 9,a 9• 05
Monroe County Attorney
Approved as to Form
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By. [Assistant] Co&y Attorney L
Date: / - A1 - d
(SEAL)
Attest:
By:
The lorida Keys Aqueduct Authority
General Counsel
Approved as to Form
eneral ou el
Date:
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLOR&A, as Lessor
By:
Charles "Sonny" McCoy
Mayor/Chairman
Date: 0 9 - a 9-
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THE FLORIDA KEYS AQUEDUCT
AUTHORITY, as Lessee
By:
Mary "Rice,hairman
Date:
n COPY
FLORIDA KEYS AQUEDUCT AUTHORITY
RESOLUTION # 06-02
A RESOLUTION OF THE FLORIDA KEYS AQUEDUCT
AUTHORITY DELEGATING CERTAIN AUTHORIZATION TO
IT'S CHAIRMAN TO EXECUTE AMENDMENT #1 TO THE LEASE
AGREEMENT DATED SEPTEMBER 22, 2005 BETWEEN THE
FKAA AND MONROE COUNTY, AND PROVIDING FOR AN
EFFECTIVE DATE OF OCTOBER 27, 2005.
WHEREAS, the Florida Keys Aqueduct Authority (FKAA) was created by
Special Legislation, Chapter 76-441, Laws of Florida, as amended; and
WHEREAS, based on FKAA Enabling Legislation as amended, the FKAA has
exclusive wastewater jurisdiction in unincorporated Monroe County; and
WHEREAS, the FKAA and Monroe County entered into a Memorandum of
Understanding (MOU), in May, 1998, which established criteria for the development of
wastewater systems in unincorporated Monroe County; and
WHEREAS, Monroe County is authorized by See. 125.01(1), Florida Statute, to
provide, assist in providing, and fund centralized wastewater treatment systems; and
WHEREAS, Monroe County has provided funding sources for wastewater
projects by obtaining Federal and State Grants, and committing tax revenues; and
WHEREAS, the FKAA and the County signed an Inter -Local Agreement on
September 6, 2005 defining their respective roles and responsibilities in the establishment
of wastewater systems in unincorporated Monroe County; and
WHEREAS, the Inter -Local Agreement further provided in Paragraph 4.04 that
the County and the FKAA agreed to enter into a lease consistent with the provisions of
that agreement; and
WHEREAS, the FKAA Board of Directors did approve a Lease Agreement with
Monroe County on September 22, 2005; and
WHEREAS, it is the desire of Monroe County to amend the abovementioned
Lease Agreement to allow Monroe County to seek alternative funding options for
wastewater projects within the County.
NOW, THEREFORE BE IT RESOLVED, that the Florida Keys Aqueduct
Authority Board of Directors does hereby:
AUTHORIZE THE FKAA BOARD CHAIRMAN TO EXECUTE
AMENDMENT #1 TO THE LEASE AGREEMENT DATED
SEPTEMBER 22, 2005 BETWEEN THE FKAA AND MONROE
COUNTY, AND PROVIDING FOR AN EFFECTIVE DATE OF
OCTOBER 27, 2005.
ADOPTED THIS 27th DAY OF OCTOBER, 2045.
FLORIDA KEYS AQUEDUCT AUTHORITY
Mary L. Rice, ,Chairman
(Corporate Seal)
ATTES
Elenof Z. Herr)(ra, Secretary/Treasurer