1st Amendment to Amended & Restated 08/16/2006
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
August 21, 2006
TO:
Suzanne Hutton
County Attorney
ATTN:
Kathy Peters
Executive Assistant
FROM:
Pamela G. Hanc~
Deputy Clerk
At the August 16, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Amendment No. One to First Amended and Restated
Interlocal Agreement of July 20, 2005 between Monroe County and Key Largo Wastewater
Treatment District.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: Finance
File';
AMENDMENT NUMBER ONE
TO
FIRST AMENDED AND RESTATED
INTERLOCAL AGREEMENT OF JULY 20, 2005
BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA,
AND
THE KEY LARGO WASTEWATER TREATMENT DISTRICT
THIS AMENDMENT NUMBER ONE to the First Amended and Restated Interlocal
Agreement of July 20, 2005 is entered into to reflect the agreement of the parties to
increase the amount of advance funding available to the Key Largo Wastewater
Treatment District.
WHEREAS, by resolution, the Board of Commissioners of the Key Largo Wastewater
Treatment District ("District") requested amendment of the Interlocal Agreement to
provide an increase in advance funding available to the District; and
WHEREAS, by a voice vote of June 21, 2006, the Monroe County Board of
Commissioners agreed to that request;
NOW, THEREFORE, the parties agree that Paragraph 4.09 of the Interlocal Agreement
is amended to read as follows:
SECTION 4.09. ADVANCE. The County and the District recognize
that the District is in need of capital funds to initiate the Project.
Recognizing this need, the County agrees to provide the District with an
advance of funds to be used by the District solely to pay Project Costs in
the amount of Three Million Seven Hundred Thousand Dollars
($3,700,000) (the "Advance"), which sum shall be credited against the
Reimbursement Amount which the County is obligated to provide to the
District under this Agreement. The District has received an advance of
One Million Dollars ($1,000,000). The balance of the Advance shall be
paid by the County to the District within thirty (30) days of execution of
Amendment Number One to the Interlocal Agreement by the County. As
the Advance is spent by the District, the District shall complete the
Reimbursement Requisition form provided in Appendix B and supply the
County such other documents and information as required in this
Agreement as necessary to permit the County to confirm that the Advance
(including all investment earnings thereon) has been used solely for
Project Costs. The District agrees not to invest the Advance in
investments yielding greater than 3.66% per annum. The District shall
provide the County with biannual reports of the investments and earnings
relating to the Advance until such time as the Advance and all investment
earnings thereon have been spent.
[INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on their behalf by authorized representatives of the County and the District.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By ~h
May!c\airperson
AUG 1 6 ZOD6
Date:
Danny L. Kolhage, Clerk
By:a~'(ArlLu
Deputy 'Clerk
,......\"UI..,1I1111I.
~..t(\O Wet" ~
~S! v;:c........ t'8L~
~'.' "~~
.,. '. V'...~
. .fAt.~
;/I . '.~~
!!iS~e 1 \ ~
= i-,::) ~ : =
-' ..."".-
~ \ . ;:
~ . ," ;::
~,Jj,'" .' ~
~A.. ../;-.i:'
~G'.,~ ..... ......~~ ~
~117'ent O\~\\\~
1//1/1 III"\\'"
KEY LARGO WASTEWATER
TREATMENT DISTRICT
3: .....
=>
0 c =>
z :l> .,...
::0 Z >0 .\'
0("')---." C
,"".... ,,;,:)
mA-~ <n
n. r- N
0'"
c:--~ :,\;J
::~:::oc -0
;! ~~ ~i x
..,., C) ~
,
:l> rq 0
~
BY:~~'~
Chairman
Date: 1'" :1 (, ') c/o ~;
· J
ATTEST:
(0
lit/v!; 'lu d t/u,-
Clerk
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM'
kl~~
~USAN M. G ~LEY '7
ASSISTANT COUNTY ATTORNEY
7-';>'[---0&
Page 2 of2