Item N3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
May 16, 2001
Division:
County Attorney
Bulk Item: Yes 0 No 0
AGENDA ITEM WORDING:
Approval of Time Extension Agreement between Duck Key Wastewater Cooperative,
Hawk's Cay Investors, and Hawk's Cay Developers for the transfer of the Hawk's Cay
wastewater treatment facilities, reuse facilities and the underlying real property for an
intended later transfer to the Florida Keys Aqueduct Authority to be extended for a
period of one year.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
Passed Resolution No 335A-1996.
CONTRACT I AGREEMENT CHANGES:
Time extended for one year.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes 0 No 0
APPROVED BY:
County Attorney. OMB/Purchasing 0 Risk Management 0
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DIVISION DIRECTOR APPROVAL: ~~c:::-... ~
JA T. DRI K
DOCUMENTATION: Included 0 To Follow 0 Not Required 0
AGENDA ITEM #
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TIME EXTENSION AGREEMENT
This time extension agreement is entered into by and among MONROE
COUNTY, a political subdivision of the State of Florida, hereafter County, and DUCK
KEY WASTEWATER COOPERATIVE, INC., HAWK'S CAY INVESTORS, LIMITED and
HAWK'S CAY DEVELOPERS, LIMITED, hereafter Owners, on this day of
May, 200l.
WHEREAS, in a Resolution No. 335A-1996, paragraph 12, in an amendment
to a previously approved development of regional impact, the parties agreed that,
at the option of the County, the Owners would transfer the ownership of certain
land and wastewater treatment and reuse facilities to the County, for an intended
later transfer to the Florida Keys Aqueduct Authority (FKAA); and
WHEREAS, as a part of the transfer, the parties had agreed that certain
information was to be furnished by the Duck Key Wastewater Cooperative, Inc. to
the FKAA and County by May 18, 2001, in order to allow for the timely transfer of
the facilities; and
WHEREAS, in correspondence dated April 18 and 4, 2001, attached as Exhibit
A to this time extension agreement, it appears to be impossible that the necessary
information can be furnished to the FKAA and County by May 18, 2001; now,
therefore:
IN CONSIDERATION of the mutual convenants and promises set forth below
the parties agree as follows:
The time for the transfer of the Hawk's Cay wastewater treatment facilities,
reuse facilities and the underlying real property is hereby extended for a period
of one year running from the date first written above.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
(SEAL)
Attest:
DUCK KEY WASTEWATER
COOPERATIVE,INC.
By
Title
By
Title
(SEAL)
Attest:
HAWK'S CAY INVESTORS, LIMITED
By
Title
By
Title
(SEAL)
Attest:
HAWK'S CAY DEVELOPERS, LIMITED
By
Title
By
Title
jdconhawkcay
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John M. Koenig., Sr.
Chairman
Key West
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~Iorida Keys
Aqueduct Authority
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Albert O. Appell
Vice-Chairman
Duck Key
.
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Post Office Box 1239
1100 Kennedy Drive CC3 0
Key West, FlOrida 33041-1239 ~~ ~
Telephone (305) 296-2454 "=\) ~~~ ~'.o .
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Mary L. Rice
Secretary- Treasurer
Marathon
Linda B. Wheeler
Key West
Harry E. Cronin
Key Largo
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Roger Braun
Executive Director
April 18, 2001
Mr. Jim Hendrick, County Attorney
Monroe County Board of County Commissioners
P.O. Box 1026
Key West, FL 33040
Re: Hawk's Cay Wastewater System
(FKAA Project No. 4009-00)
Dear Mr. Hendrick:
The attached letter was received from Duck Key Wastewater Cooperative on April 6, 2001. Given the
number and magnitude of outstanding items, it appears ulllikely that all of the information requested will
be fumished by May 18, 2001 to permit the timely transfer of ownership of the existing wastewater
system to Monroe County as allowed for under Condition No. 12 of the Development of Regional Impact
(DRJ) for Hawk's Cay.
Therefore, it is reconunended that Monroe County and Hawk's Cay mutually agree to an extension of
time for the transfer of ownership of the wastewater system. This will provide Duck Key Wastewater
Cooperative additional time to collect and/or develop the infonnation yet to be provided.
We look forward to continuing to work with Monroe County on the acquisition of this wastewater system
and the furtherance of wastewater initiatives throughout the County. If you have any questions please call
the undersigned at 305-296-2454.
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Paul Feldman, P.E.
Assistant Director of Environmental Services
EncIosure(s)
cc: Roger Braun, FKAA Executive Director
Jim Reynolds, FKAA Deputy Executive Director
Robert Feldman, FKAA General Counsel
Jack Teague, FKAA Wastewater Administrator
Jim Roberts. County Administrator
Tim McGarry. Growth Management
Honorable Nora Williams, County
C onmlissioner
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P.O. BOX 500209
MARATHON. FLORIDA 33050
PHONE: 305-743-7000 EXT.1652
April 4, 2001
Paul Feldman. P.E.
Assistant Director of Environmental Services
Florida Keys Aqueduct Authority
1100 Kennedy Drive
Key West, Florida 33041-1239
Dear Paul:
I apologize for the delayed response to your letter I received March 10,
200 I. I was out of the country for two weeks. Please refer to that letter, as I
will respond in the order your requests were listed.
I) Not available.
2) Not available.
3) Requested from Pritam Singh via fax.
4) Per engineer completed every ten years, current info not available.
5) Per engineer completed at permit renewal, current info not available.
6) Requested from Pritam Singh.
7) Requested from Pritam Singh.
8) No property is owned by DKWC.
9) Requested from Pritam Singh.
10) Being compiled.
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11) Residential: Based on flow points. Each bathroom is 1.5 points. Each
point is currently billed at $14.00.
Commercial: Based on type of facility i.e. restaurant, rooms, lounge,
retail.
12) List of residential previously provided. Only commercial account is
Hawk's Cay Resort.
13) Included in copy of permit previously provided.
14) Chemicals used at the plant are as follows: Lime, Aluminum Sulfate,
Chlorine (liquid and tabs).
Written confirmation requested for the existence of the following.
I) Operations and Maintenance manuals. Plant # 1 Does not exist. Plant #2
Available in my office.
2) Logs and schedules of plant operations, equipment maintenance,
customer complaints, system overflows are available at the plant per
Synagrow Technologies.
I have included a complete copy of the Annual Reuse Report for year 2000.
I will send the pending items to you as soon as possible. Let me know which
items are critical to move the process forward and I will prioritize my
efforts.
)2; 1v.P-
John White, Cooperative Manager
Duck Key Wastewater Cooperative, INC.
cc: Don Johnson
Chuck Edgar