2006-185 - Laserfiche WebLink

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EXHIBIT A SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY AND INDIAN RIVER COUNTY WHEREAS,the Palm Beach County Health Facilities Authority(the"Authority")is a public body corporate,organized and existing under and by virtue of Chapter 154,Part III,Florida Statutes, and is a properly constituted Health Facilities Authority and a"public agency"and a"local agency" under Chapter 159, Part 11, Florida Statutes; and WHEREAS,Indian River County(the"County")is apolitical subdivision of the State of Florida and a "public agency" and a "local agency" under Chapter 159, Part 1I, Florida Statutes; and WHEREAS,the Authority and the County have heretofore entered into an Interlocal Agreement finally executed on November 27, 1996, as amended by an undated First Amendment executed in 1998 (as so amended, the "Interlocal Agreement"); and WHEREAS, the Authority is considering the financing of five (5) health care facilities (the "Facilities") constituting "health care facilities" under Chapter 159.27(16) of the Florida Statutes, three(3)of which are in the jurisdiction of the Authority and two(2) of which are in the jurisdiction of the County, all pursuant to Chapter 159, Part 11, Florida Statutes, and all of which are owned and operated by ACTS Retirement-Life Communities, Inc. (fonnerly known as Adult Community Total Services,Inc.)("ACTS"),a not-for-profit corporation detennined to be tax- exempt under Section 501(c)(3) of the Internal Revenue Code of 1986 and duly licensed by the Florida Department of Insurance pursuant to Chapter 651, Florida Statutes; and WHEREAS,the Authority is considering refunding all or a portion of its Retirement Community Revenue Bonds(Adult Communities Total Services,Inc.Obligated Group)Series 1996 (the "Refunded Bonds")which were issued to finance the Facilities; and . WHEREAS, it is deemed desirable by both the Authority and County that the Authority and the County enter into this Second Amendment to the Interlocal Agreement (the "Amendment"); and WHEREAS, the Authority and ACTS have determined that the provision of funds by the Authority to ACTS will assist in the maintenance of the public health of the residents of the County,and shall serve a public purpose by improving the health and living conditions and providing adequate medical care and health care facilities therein and will promote the most efficient and economical maintenance of health care facilities in a manner and pursuant to forms of governmental organization that will accord best with the geographic, economic, and population characteristics which influence the health care needs of Palm Beach County and Indian River County and the inhabitants thereof, and WHEREAS,the Authority finds that ACTS will be financially responsible and fully capable and willing to fulfill its obligations including the obligation to make the debt service