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Home My WebLink About2018-094A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 40 ctww� FIFTH 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 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 II, Florida Statutes; and WHEREAS, the Authority and the County have heretofore entered into an Interlocal Agreement finally executed on November 27, 1996, as previously amended by (i) a First Amendment to the Interlocal Agreement executed by the County on November 24, 1998 and by the Authority on December 14, 1998, (ii) a Second Amendment to the Interlocal Agreement executed by the County and the Authority as of December 6, 2006, (iii) a Third Amendment to the Interlocal Agreement executed by the County on October 19, 2010, and by the Authority on November 3, 2010, and (iv) a Fourth Amendment to the Interlocal Agreement executed by the County on June 7, 2016, and by the Authority on June 3, 2016 (collectively, the "Interlocal Agreement"); and WHEREAS, the Authority is considering the additional financing, through the issuance of its revenue bonds (the 'Bonds") pursuant to Chapter 159, Part II, Florida Statutes, of a project consisting of the financing or refinancing of costs of improvements and additions to six (6) health care facility locations, three (3) locations in the jurisdiction of the Authority, two (2) locations in the jurisdiction of the County and one (1) location in Escambia County, Florida, and all of which are owned and operated by ACTS Retirement -Life Communities, Inc. ("ACTS"), a not-for-profit corporation determined to be tax-exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, 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 Fifth Amendment to the Interlocal Agreement (this "Amendment") in order to assist ACTS by financing the said project constituting "health care facilities" under Section 159.27(16) of the Florida Statutes; and WHEREAS, the Authority and Escambia County will enter into a Interlocal Agreement for the property located in Escambia County; 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 24412273.2 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERIC of governmental organization that will accord best with the geographic, economic, and population characteristics which influence the health care needs of Palm Beach County of the State of Florida ("Palm Beach County") and the County and the inhabitants thereof; and WHEREAS, the Authority finds that ACTS will be financially responsible and fully capable and willing to fulfil 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 health care facilities to be financed by the proceeds of the Bonds at its own expense; and WHEREAS, title to the health care facilities to be financed by the proceeds of the Bonds 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 obligated to pay the principal, premium, if any, or interest on the Bonds to be issued to finance the said project as the same shall become due, and the issuance of such Bonds shall not directly, indirectly, or contingently obligate the Authority, the County, the State of Florida, or any political subdivision thereof to levy or pledge any form of taxation whatsoever therefore or to make any appropriation from ad valorem taxation revenues or other revenues for their payment. NOW, THEREFORE, THIS FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT, BETWEEN THE AUTHORITY AND THE COUNTY, WITNESSETH AS FOLLOWS: SECTION ONE. At all times prior to and during the term of this agreement the Authority and County constitute "public agencies" as that term is defined in Section 163.01(3)(b), Florida Statutes, as amended, and both the Authority and the County have in common the power and authority to issue revenue bonds in order to provide financing for the acquisition, operation and maintenance of health care facilities, such power and authority as each might exercise separately. SECTION TWO. The Authority and County are entering into this Amendment in order to more effectively perform their service function related to the provision of adequate health care facilities and services pursuant to the powers granted under Section 163.01, Florida Statutes, as amended, and to permit the Authority to operate within the jurisdiction of the County for the purpose of financing the two health care facilities owned by ACTS within the County. SECTION THREE. This Amendment shall in no way be interpreted to authorize the delegation of the constitutional or statutory duties of the Authority, the County, the State of Florida, or any officers of any political subdivision thereof. SECTION FOUR. This Amendment and the Bonds shall not be deemed to constitute a debt, liability or obligation of or pledge of the faith and credit of the County, Palm Beach County, the Authority, the State of Florida, or any political subdivision thereof. The issuance of the Bonds shall not directly, indirectly, or contingently obligate the Authority, the County, Palm Beach County, the State of Florida, or any political subdivision thereof to levy or to pledge any form of taxation whatsoever therefore, or to make any appropriation for their payment. 244122732 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK SECTION FIVE. Title to the health care facilities financed by the Bonds in accordance with this Amendment shall be in ACTS, and neither the Authority nor the County shall have any title or interest therein. SECTION SIX. This Amendment shall be dated for convenience as of , 2018, and shall be effective as of its execution and delivery by the parties. 24412273.2 A TRUE COPY CERTIFICATION ON LAST PAGE J,R. SMITH, CLERK IN WITNESS WHEREOF, this Amendment has been executed by and on behalf of the County by its Chairman and the seal of said County affixed hereto and attested by the Clerk of the County, the Authority has caused this Amendment to be executed by its Chairperson, its seal affixed hereto, as attested by a designated member of said Authority. APPROVED AS TO FORM: By: ylan Reingold County Attorney ATTEST: Designated Member 24412273.2 INDIAN RIVER COUNTY, FLORID Peter D. O'Bryan Chairm� Board of County Commis Y C041,y�i• . 4'c�000NTY. F�-�e''oQ;. Date Approved: Maw, 2o1 A •�� ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: ��1.ay�� • �� Deputy Clerk PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY LIN Chair A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) I, Misty L. Pursel , a Notary Public in and for said County in said State, hereby certify that on m v 15 , 2018, Peter D. O'Bryan, whose name as the Chairman of the Board of County Commissioners of Indian River County, Florida is signed to the foregoing Fifth Amendment to the Interlocal Agreement and who is known to me, acknowledged before me on this day that, being informed of the contents of said Fifth Amendment to the Interlocal Agreement, he/she, in his/her capacity as Chairman of the Board of County Commission of Indian River County, Florida, executed the 5samevoluntarily. ef�r. :Notary Public State of FloAda�F ty L. Purse, t AACommission GG 166068 ry Pu , tate o to ida pw irea 01/71/2022 Misty L. Pursel My Commission Expires: 1-11-22 Commission # 166068 24412273.2 STATE OF FLORIDA ) COUNTY OF PALM BEACH ) 1, , a Notary Public in and for said County in said State, hereby certify that on , 2018, , whose name as the Chairperson of the Palm Beach County Health Facilities Authority is signed to the foregoing Fifth Amendment to the Interlocal Agreement and who is known to me, acknowledged before me on this day that, being informed of the contents of said Fifth Amendment to the Interlocal Agreement, he/she, in his/her capacity as Chairperson of the Palm Beach County Health Facilities Authority, executed the same voluntarily. Notary Public, State of Florida My Commission Expires: STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. FFR / R. S! i CLER BY 10o.c. DATE 24412273.2