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973202 DEC 17 FM 12:09 to DMERLOCAL AGREEMENT BETWEEN TIRE 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 H, Florida Statutes; and WHEREAS, Indian River County (the "County") is a political subdivision of the State of Florida and a "public agency" and a "local agency" under Chapter 159, Part 11, Florida Statutes;and WHEREAS, the Authority is considering the financing of five(5) health care facilities, 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 H,Florida Statutes,and all of which are owned and operated by Adult Community Total Services, Inc., ("ACTS") a not-for-profit corporation determined 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; WHEREAS, it is deemed desirable by both the Authority and County that the Authority and the County enter into this Interlocal Agreement, as provided for and under the authority of Chapter 163,Florida Statutes, and Section 125.01(p),Florida Statutes,in order to assist ACTS by financing the said five (5) projects constituting "health care facilities" under Chapter 159.27(16)of the Florida Statutes; 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 7- 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 e WHEREAS, the Authority finds that ACTS will be financially responsible and fully v capable and willing to fulfill its obligations including the obligation to make the debt service payments in the amounts and at the times required and the obligation to repair and maintain the W health care facilities at its own expense;and J WHEREAS, title to the health care facilities shall be in ACTS and neither the Authority, the County nor the State of Florida or any political subdivision thereof shall in any way be C obligated to pay the principal,premium,if any,or interest on the Bonds to be issued to finance the said five (5) health cane projects as the same shall become due, and the issuance of such nF ON RT