2nd Amendment 06/21/2006
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 18, 2006
TO:
Salvatore Zappulla, Director
Office of Management & Budget
Pamela G. Hanco~
Deputy Clerk CY
FROM:
At the June 21, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Amendment to Interlocal Agreement, dated 11/19/2003,
between Monroe County and Florida Keys Aqueduct Authority to remove the Marathon MSru.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please feel free to contact our office.
cc: County Attorney
Propetty Appraiser
Finanse
FileV'
AMENDMENT TO
INTERLOCAL AGREEMENT DATED 11/19/2003
BETWEEN FKAA AND MONROE COUNTY
TO REMOVE MARATHON MSTU
THIS AMENDMENT TO INTERLOCAL AGREEMENT (Amendment) is entered into this
2/~ day of ~....... , 2006, pursuant to Sec. 163.01, FS, by and between Monroe
County, a pol ' al subdIVIsion of the State of Flonda, (County), and the Flonda Keys Aqueduct
Authority, an independent special district, (FKAA).
WHEREAS, the parties did, on November 19, 20m, enter into an interlocal agreement
encompassing municipal service taxing units for: Marathon MSTU (Ordinance No. 035-2002),
Conch Key MSTU (Ordinance No. 036-2002), Bay Point MSTU (Ordinance No. 037-2002), Big
Coppitt MSTU (Ordinance No. 038-2002), for the purpose of funding the costs associated with the
administration, planning and development of wastewater and reclaimed water projects within the
respective MSTU's; and
WHEREAS, pursuant to an interlocal agreement entered between the FKAA and the City of
Marathon on October 25, 2005, the FKAA has authorized the City of Marathon to take full
responsibility and obligation for the sewering and wastewater treatment of the City of Marathon;
and
WHEREAS, the FKAA and County desire to amend the November 19, 2003, interlocal
agreement to reflect the change in responsibilities, obligations, and to authorize any monies
collected for the Marathon MSTU and which are not been spent by FKAA and County for Marathon
project(s) to be made available to the City of Marathon through a separate interlocal agreement;
NOW, THEREFORE, IN CONSIDERATION of the mutual consideration and promises set
forth below, the parties agree as follows:
1. Paragraph 1 of the Interlocal Agreement dated November 19, 2003, shall be amended to
delete the Marathon MSTU as of the effective date of this amendment.
2. County will enter into an interlocal agreement with the City of Marathon to disburse for
wastewater purposes the monies remaining in the Marathon MSTU after reimbursement of
FKAA expenses related to Marathon projects and application of any Marathon MSTU funds
for County expenditures related to the Marathon projects. The FKAA shall promptly
provide County with invoices for any unreimbursed expenditures payable from the
Marathon MSTU funds no later than the effective date of this amendment.
CountylFKAA elim Marathon
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3. All other provisions of the November 19, 2003 interlocal agreement not inconsistent
herewith shaH remain in full force and effect.
4. This amendment will take effect on the date a copy executed by both parties is filed with the
Clerk of the Courts of Monroe County, Florida.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this %.,..,s.t day of
r ,2006.
B~" ,~ ~-du
Deputy Clerk
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FL~A
By: 11
Mayor I Chairperson
MONROE COUNTY ATTORNE
A",. 0 AS TO F
(SEM..)
'.ATTEST:
DliIll1y.f..;'Kolhage, Clerk
Dale
(SEAL)
ATTEST:
By: 6~ a~
! Clerk
THE FLORIDA KEYS AQUEDUCT
AUTHORITY
By l./)(~ L
hairman
FKAA Board Approved 6/22/06
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CountylFKAA elim Marathon
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EXHIBIT A
MARATHON MUNICIPAL SERVICETAXING UNIT AREA
All of the incorporated municipal limits of the City of Marathon, Florida. Extending from the east end of
the 7-Mile Bridge through Grassy Key and generally bounded on the west by Knight Key Channel, on
the east by Tom's Harbor Channel, on the north by Florida Bay, and on the south by the Atlantic Ocean
(approximate Mile Marker 47 to Mile Marker 60);
LESS AND EXCEPT, Little Venice Wastewater District Service Area which includes the area described
as bounded by US Highway 1 on the northwest and by the Atlantic Ocean on the southeast from Vaca
Cut to 95' Street along the western side of the Marathon Airport (for purposes of clarification, the Little
Venice Wastewater District Service Area includes the areas as described bounded by US Highway 1 on
the northwest and by the Atlantic Ocean on the southeast from Vaca Cut to the western boundary of
Buttonwood Acres Subdivision according to Plat Book 04, at Page 160, Public Records Monroe County,
Florida, and includes all parcels abutting 95" Street); and also
LESS AND EXCEPT, beginning at the point of intersection of the north right-of-way line of US
Highway One with the southeast comer of the Marathon Airport, then commencing northerly along the
easterly border of the Marathon Airport to the intersection of the south right-of-way line of 6' Avenue
(Airport Boulevard), then commencing northerly to the intersection of the north right-of-way line of 6'
Avenue (Airport Boulevard) and the southwest comer of the plat of Stirrup Key Bight (as recorded in
Plat Book 3, at Page 1680f the Public Records of Monroe County, Florida), then continuing northerly
along the west line of the plat of Stirrup Key Bight to the shoreline of Florida Bay, then easterly
following the shoreline of Florida Bay to the intersection of the east right-of-way line of 113' Street
(Margaret Avenue) to the intersection of 1* Street (Chester Street), then westerly along 1* Street (Chester
Street) to the intersection of Key Colony Drive, then southerly along Key Colony Drive to the
intersection of the north right-of-way line of US Highway One, then westerly along the north right-of-
way line of US Highway One to the intersection of the west right-of-way line of lOT Street (Industrial
Avenue), then continuing westerly along the north right-of-way lien of US Highway One a distance of
approximately 60 feet to the point of beginning herein described (sometimes referred to as the "Little
Venice Expanded Service Area").
CountylFKAA elim Marathon
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