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46 lop 1 $ i () <br /> 10 . A . Z <br /> THIRD AMENDMENT <br /> d TO THE INTERLOCAL AGREEMENT <br /> BETWEEN THE PALM BEACH COUNTY <br /> HEALTH FACILITIES AUTHORITY AND INDIAN RIVER COUNTY <br /> WHEREAS , the Palm Beach. County Health Facilities Authority (the " Authority") is a <br /> public body corporate , organized and existing under and by virtue of Chapter 1. 54 , Part III, <br /> Florida Statutes , and is a properly constituted Health Facilities Authority and a "public agency" <br /> and a "local agency " under Chapter 159 , PartII , Florida Statutes ; and <br /> WHEREAS , Indian River County (the " County") is a political subdivision of the State of <br /> Florida and a "public agency" and a "local agency" under Chapter 159 , Part II , Florida Statutes ; <br /> and <br /> WHEREAS , the Authority and the County have heretofore entered into an Interlocal <br /> Agreement finally executed on November 27 , 1996 , as previously amended by a First <br /> Amendment to the hlterlocal Agreement executed by the County on November 24, 1998 and by <br /> the Authority on December 14, 1998 , and as previously amended by a Second Amendment to the <br /> Interlocal Agreement executed by the County and the Authority as of December 6 , 2006 (the <br /> " hlterlocal Agreement") ; and <br /> WHEREAS , the Authority is considering the additional financing of, through the <br /> issl ince of its revenue bonds (the " Bonds " ) pursuant to Chapter 159 , Part II, Florida Statutes , a. <br /> project consisting offi_ve ( 5 ) .health care facilities , three (3 ) of' which are in the jurisdiction of the <br /> Authority and two (2 ) of whish are in the jurisdiction of the County , all of which are owned and <br /> operated by ACTS Retirement-Life Communities, Inc . ("ACTS ") , a not-for-profit corporation <br /> determined to be tax-exempt under Section 501 (c) (3 ) of the Internal Revenue Code of 1986, as <br /> amended, and duly licensed by the Florida Department of Insurance pursuant to Chapter 651 , <br /> Florida Statutes ; and <br /> WHEREAS , it is deemed desirable by both the Authority and County that the Authority <br /> and the County enter into this Third Amendment to the hlterlocal Agreement (this <br /> " Amepdme.nt") in order to assist ACTS by financing the said project constituting "health care <br /> facilities" under Chapter 159 . 27 ( 16) of the Florida Statutes ; and <br /> WHEREAS , the Authority and ACTS have determined that the provision of funds by the <br /> Authority to ACTS will assist in the maintenance of the public health of the residents of the <br /> County and shall serve a public purpose by improving the health and living conditions and <br /> providing adequate medical care and health care facilities therein and will promote the most <br /> efficient and economical maintenance of health care facilities in a manner and pursuant to forms <br /> of governmental organization that will accord best with the geographic , economic , and <br /> population characteristics which influence the health care needs of Palm Beach County of the <br /> State of Florida ( " Palm Beach County " ) and the County and the inhabitants thereof, and <br /> WHEREAS , the Authority finds that ACTS will be financially responsible and fully <br /> capable and willing to fulfil its obligations including the obligation to make the debt service <br /> PHTRANS/ 925234 . 2 <br />