12/29/2020 2:13:55 PM
5/18/2018 4:01:35 PM
Official Document Type
Agenda Item Number
Palm Beach County Health Facilities Authority
Financing and Refinancing for Improvements and Additions of Facilities
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />40 ctww� <br />FIFTH AMENDMENT <br />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 154, 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, Part II, 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 (i) a First <br />Amendment to the Interlocal Agreement executed by the County on November 24, 1998 and by <br />the Authority on December 14, 1998, (ii) a Second Amendment to the Interlocal Agreement <br />executed by the County and the Authority as of December 6, 2006, (iii) a Third Amendment to <br />the Interlocal Agreement executed by the County on October 19, 2010, and by the Authority on <br />November 3, 2010, and (iv) a Fourth Amendment to the Interlocal Agreement executed by the <br />County on June 7, 2016, and by the Authority on June 3, 2016 (collectively, the "Interlocal <br />Agreement"); and <br />WHEREAS, the Authority is considering the additional financing, through the issuance <br />of its revenue bonds (the 'Bonds") pursuant to Chapter 159, Part II, Florida Statutes, of a project <br />consisting of the financing or refinancing of costs of improvements and additions to six (6) <br />health care facility locations, three (3) locations in the jurisdiction of the Authority, two (2) <br />locations in the jurisdiction of the County and one (1) location in Escambia County, Florida, and <br />all of which are owned and operated by ACTS Retirement -Life Communities, Inc. ("ACTS"), a <br />not-for-profit corporation determined to be tax-exempt under Section 501(c)(3) of the Internal <br />Revenue Code of 1986, as amended, and duly licensed by the Florida Department of Insurance <br />pursuant to Chapter 651, 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 Fifth Amendment to the Interlocal Agreement (this "Amendment") <br />in order to assist ACTS by financing the said project constituting "health care facilities" under <br />Section 159.27(16) of the Florida Statutes; and <br />WHEREAS, the Authority and Escambia County will enter into a Interlocal Agreement <br />for the property located in Escambia County; 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 />24412273.2 <br />
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