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{ 00 l3l FIRST AMENDMENT TO THE MERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY HEALTH FACH ITIES 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 II, 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 Il, Florida Statutes; and WHEREAS, the Authority and the County have heretofore entered into an Interlocal Agreement finally executed on November 27, 1996 (the "Interlocal Agreement"); 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 II, Florida Statutes, and all of which are owned and operated by ACTS Retirement-Life Communities, Inc. (formerly known as 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;and WHEREAS, it is deemed desirable by both the Authority and County that the Authority and the County enter into this First Amendment to the Interlocal Agreement (the "Amendment") 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 Mid 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 mako the debt service Payments in the amounts and at the times required and the obligation to repair and maintain the health care facilities at its own expense;and 011.192429.1