Resolution 384-1998
RESOLUTION NO. 384
-1998
A RESOLUTION APPROVING EXECUTION OF INTERLOCAL AGREEMENT WITH CITY OF
SOUTH MIAMI HEALTH FACILITIES AUTHORITY REGARDING ISSUANCE OF BONDS ON
BEHALF OF KEYS HOSPITAL FOUNDATION, INC., APPROVING THE ISSUANCE AND SALE
OF SUCH BONDS AS REQUIRED BY SECTION 147(F} OF THE INTERNAL REVENUE CODE
AS AMENDED; AND PROVIDING FOR OTHER RELATED MATTERS
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WHEREAS, Monroe County, Florida ("County") is a political subdivision of t~~te ;: FI@a
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and a public body corporate and politic, lawfully organized and existing under th~s of1fie ~te
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of Florida, and the City of South Miami Health Facilities Authority ("Authority") is a _~hil d~ictl'D1d
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a body corporate and politic of the City of South Miami, and each is a "public a~n~" ~e@Jed
in Section 163.01, Florida Statutes, as amended, which is titled the" Florida Interlocal Cooperation Act
of 1969" ("Act") and as such "public agencies" are authorized to enter into interlocal agreements
pursuant to the Act, for the joint exercise of powers which they share in common and which each
might exercise separately; and
WHEREAS, the Authority is a "health facilities authority" as defined in Section 154.205(2) of the
Florida Health Facilities Authority Law (Part III of Chapter 154, Florida Statutes), as amended, and a
"local agency" under Section 159.27(4) of the Industrial Development Financing Act (Part II of
Chapter 159, Florida Statutes), as amended ("Industrial Act"), with the power to issue revenue bonds
for the purposes of financing a "project" constituting a "health care facility," as defined in Section
159.27(5) and (16), respectively, of the Industrial Act; and
WHEREAS, Keys Hospital Foundation, Inc., doing business as Mariners Hospital, a Florida not for
profit corporation ("Interlocal Borrower"), located within the boundaries of the County and outside
the boundaries of the City of South Miami, has requested the Authority to issue its revenue bonds
("Bonds") on its behalf and loan all or a portion of the proceeds thereof to the Interlocal Borrower to,
among other things,
(i) advance refund the outstanding principal amount of the City of Layton, Florida Hospital
Facilities Revenue Bonds, Series 1990 (Mariners Hospital Project) ("Series 1990 Bonds"),
(ii) payor reimburse the Interlocal Borrower for the payment of, or to refinance certain prior
debt the proceeds of which were used to pay, costs of acquiring, constructing, renovating,
rehabilitating and equipping certain healthcare facilities ("Project"),
(Hi) fund a debt service reserve fund for the benefit of the Bonds, if deemed necessary or
desirable by the Interlocal Borrower, and (iv) pay certain expenses incurred in connection with the
issuance of the Bonds, including, without limitation, the cost of any credit enhancement or liquidity
enhancement, if deemed necessary or desirable by the Interlocal Borrower, all as permitted buy the
Industrial Act; and
WH EREAS, in order to accomplish economics of scale and other cost savings, and to reduce
the costs of providing health care services in the County, the Authority desires to assist the Interlocal
Borrower by issuing the Bonds; and
WHEREAS, in order to accomplish the purposes of the Act, the County has been requested to
enter into an Interlocal Agreement ("Interlocal Agreement") with the Authority to provide for the
issuance by the Authority of its Bonds for the benefit of the Interlocal Borrower; and
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended ("Code"),
provides that the elected legislative body of the governmental unit which has jurisdiction over the
area in which the facility financed with the proceeds of tax exempt bonds is located is to approve
the issuance of such bonds after a public hearing; and
WHEREAS, the Project and the facilities financed with the proceeds of the Series 1990 Bonds
are located in Monroe County, Florida and the Board of County Commissioners of Monroe County,
Florida ("Board") is the elected legislative body of the County; and
WHEREAS, the Interlocal Borrower caused notice of a public hearing to consider approval of
the Bonds and the location and nature of the Project to be financed and the facilities to be
refinanced with the proceeds of the Bonds to be published on or before September 26, 1998 in the
Key West Citizen. a newspaper of general circulation in the County, a copy of said notice is
attached as Exhibit A ("Notice"); and
WHEREAS, the Board has held a public hearing on this date in accordance with such Notice
as required by the Code and has reviewed and considered all public comments whether oral or
written which have been received; and
WHEREAS, for the reasons set forth above, it appears to the County that entering into the
Interlocal Agreement with the Authority to provide for the issuance of the Bonds and the approval of
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the issuance and sale of such Bonds as required by Section 147(f) of the Code is in the best interest of
the County and the Interlocal Borrower; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Authorization of Execution and Delivery of Inter/ocal Agreement. The
Interlocal Agreement between the County and the Authority in the form attached as Exhibit B
hereto is approved, with such changes as shall be approved by the County Administrator after
consultation with the County Attorney, and the Mayor/Chairman of the Board of County
Commissioners is hereby authorized to execute and deliver the Interlocal Agreement on behalf of
the County. Such execution by the Mayor of the Interlocal Agreement shall constitute conclusive
evidence of its final approval by such officer and the County.
Section 2. Approval of Issuance of the Bonds. After conducting a public hearing in
accordance with Section 147(f) of the Code, this Board hereby approves the issuance by the
Authority for the purposes described in the Notice. The Bonds shall be issued in the aggregate
principal amount. bear interest at such rates, mature in such amounts and be subject to optional
and mandatory redemptions as are approved by the Authority without the further approval of the
County.
Any action regarding the issuance of the Bonds by this Board does not constitute an
endorsement to a prospective purchaser of the Bonds of the credit worthiness of the Interlocal
Borrower or the Project.
The Bonds shall not constitute a debt. liability or obligation of the County or the State of
Florida or any political subdivision thereof. but shall be payable solely from the revenues provided
therefore, and neither the faith and credit nor any taxing power of the County or the State of Florida
or any political subdivision thereof is pledged to the payment of the principal of. premium, if any,
and interest on the Bonds. The County shall have no obligation with respect to the Bonds other than
its obligations under the Interlocal Agreement.
Section 3.
Further Acts. The Mayor and Mayor Pro Tem of the County are authorized and
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directed to execute all necessary documents on behalf of the County to comply with the
requirements of the Interlocal Agreement.
Section 4.
Ratification of Acts. All of the acts and doings of the members, officials,
officers, agents and employees of the County which are in conformity with the intent and purposes
of this Resolution, whether previously or subsequently taken or done, shall be and are ratified,
confirmed and approved.
Section 5.
Severability. If any section, clause or provision of this Resolution is held invalid
or ineffective for any reason, the remainder of this Resolution shall not be affected by such invalidity.
Section 6.
Effective Date. This Resolution shall take effect immediately upon its adoption,
and any provisions of any previous resolutions in conflict with the provisions hereof are hereby
superseded.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the 9th day of September, 1998.
Mayor Jack London
Commissioner Keith Douglass
Commissioner Shirley Freeman
Commissioner Wilhelmina Harvey
/~~ssioner Mary Kay Reich
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Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONR G.LJ.t:.lTY, FLORIDA
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NOTICE IS .GIVENPUAS(1AMt .
SeCtion 147 01 the ~........
Code of 1986, as8rnended....
"Code") that the. Board of ~
CommiSsioners of Monroe CounIf.
Flortda (the "Board") 'wtlltlOlda pUb.
lie hearing on September 9, 1" at
the Marathon GOvetilment ctIMr,
2798 Overseas Highway, M.......
The publiehearingWilI be part "the ,
Board's\ regul8raQ8flda Yihiclt .. ;
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and wlH continue until all it8~ "'"
eluding the public heating, Is OOI'A-
pleted. ...'
The.Board wIllconltl.dEir a ~
Issuance by the City of SQuth, t.t.nl
Facilities Authority (the "~
of one or more 8er1es of ~
bonds (the "bonds") 10' an a...
principal, amount not..to ......
$144,OOO,OOOpur$~ntto th.H.....
Facilities Authoritie8 Lew OUh. ...
of Florida, the'F1orlda InduStrial 0.-
v~pment Fin.,u;lng Act, and the
Florida Intetlocal Coo~ron _ 01 ,
1969, all as amended (th,"Acta., In' ;
connection with. a plan Offlnanoe br'
Keys Hospital Foundation, Inc.," !
ing ,business as.. MariJ1"'i~
(the "So,rower")," a .' private not for
profit corporation organlztd.l.lnder
the laws of the $tateofFlO'1da,_
certain other .atfll,fated' ~ I
.to the Borrower.
A portion' of. the ,..~ . of . 'the
Bonds' not to exq$8d$25,OOO,OOO,
when and i' issued" will be loaned by
the Authority to the .Borrower lobe
used to: (I) advance r!ilfundth. City
of Layton, Florida Ho$pItaI Factllties
Revenue' Bonds, . Serie81990 (Mari-
ners HospitalProjeCl) (the "Series
. 1990 Bonds"), the ptoceeds.QfWhICti
were u&eqto flnanceort.8fimll1Q8 the
acqui~lo!l, construction. ,...i:1ovatll)n,
rehabIlitation and. ~tpr)lng.. of cer,
tainhealthca~e tac!lItles Of". Bor"
rower,' (iQ payor relmburnthe 8or-
rower for'the payment of, or to. refi-
nance certain prior deQtthe pro-
ceeds of whiCh \V9(8...IJ$ed.to pay,
costs of acquiring, con8tr\IClIng,ren.
ovatlng, rehabUltatirigand equipping
of certain healthcare.. faoilltlee; QH)
fund a debt service, re~ fund fOr
the benefit of the Bonds, If dftrned
necessary~r desirable'. by th.Bor- .
rower; and (IV) pay cert8In expenses
incurred in connection withlhe Issu-
ance of the Bonds, inclOdl1lg the cost
of any . credit enharlC$mer1t' or liquid-
ity enhancement, ifde8rried neces.-
sary or desirable. by the $arrower
,The I!!.f.!!thcare faclliti"finariCedo;
refinanced. with the proc:eecl$-of the
Bonds are or will be. operated ~e
Borrower aridare"Orwlll be iOCatat
50 High l:lointRoadand,913QO,OVer.
seas Hig hw. ay in ..'Tavem~ .r, . . .
and at 100210 ~
and 100380 0v8nIe8s . '
c Key LMgo, Florida. ._ _.. __ '_
EXHIBIT A
The pubIlc hHring is being he~d for
the purpose of affording residents of
Monroe County, Florida and other in-
terested parties an opportunity to ex-
press their views, both orally and in
writing, on the proposed issuance of
the Bonds and the nature and loca-
tIonof the facilities to be financed or
refrnllhced with the proceeds
mr~~~~Nlit~%D:g~~cgFN~~~""~
STATE OF FLORIDA, MONROE
COUNTY OR THE CITY OF SOUTH
MIAMI OR ANY POLITICAL SUBDI-
VISION OF EACH, BUT WILL BE
PAlO SOLELY FROM REVENUES,
DERIVED FROM THE OPERA-
TIONS OF THE BORROWER AND
RELATED FACILITIES AND OTHER
REVENUES OF THE BORROWER
PLEDGED TO THE BONDS.
If any person decides to appeal any
deoI8lon made by the Board with re-
apect to any matter considered at
IUCh meeting, such person will need
. record of the proceeding and for
IUCh purpose may need to ensure
that a verbatim record of the pro-
ceedings is made, which record in-
cludes the testimony and evidence
upon which the appeal is to be
baNd.
Monroe County, Florida
By Its Board of County Commission-
ers
Clerk of the Board of' County Com-
missioners
August 26th, 1998
INTERlOCAl AGREEMENT ~: ,
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THIS INTERLOCAL AGREEMENT dated as of September 15, 1998 ("Ag ement"), by bnd
between THE CITY OF SOUTH MIAMI HEALTH FACILITIES AUTHORITY ("Issue '), a public: ody
corporote ond politic duly created and existing under the laws and Constil'1 ion ot the stp1: of
Florida, and MONROE COUNTY, FLORIDA ("Interlocal Participant"), a political subdivision ,~~he
State of Florida.
RECITALS I . ; l:
Pursuant to the Florida Interlocal co~peration Act of 1 ~69, Se~!ion .163.~1. Part I, lC::h.pter
163, Florida Statutes, as amended ("lnterlocal Cooperatron Act ), · public agenct:le~, as
defined in the Interlocal Cooperation Act, are authorized to enter into agreements wi~/1 one I
another in order to make the most efficient use of their powers by enabling them to cooperate I
with other localities on a basis of mutual advantage and thereby to provide services and
facilities in a manner and pursuant to forms of governmental organization that will ac~ord best
with geographic, economic, population and other factors influencing the needs and
development of local communities.
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The Interlocal Cooperation Act provides that a public agency may, pursutn, to
contract, exercise jointly with any other public agency any power, privilege or authority mich
such public agencies share in common which each might exercise separately. '
Pursuant to the Florida Industrial Development Financing Act, Part II, Chapter 159, F'orida
Statutes, as amended ("Financing Act"), the Issuer and the Interlocal Participant are authorized
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to issue revenue bonds and loan the proceeds thereof to qualified borrowers to, amon~ I other
things, pay all or any part of the "costs of any project" (as defined in the Financing Act). I
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The Issuer and the Interlocal Participant are public agencies and desire to enter in 0 this
Agreement to authorize the Issuer to issue revenue bonds ("Bonds") on behalf of the Inte local
Participant and loan a portion of the proceeds thereof to, among others, Keys H spital
Foundation, Inc., doing business as Mariners Hospital ("Interlocal Borrower"), for the purpo es of
providing funds to, among other things, I
(i) advance refund the outstanding principal amount of the City of Layton, orida
Hospital Facilities Revenue Bonds, Series 1990 (Mariners Hospital Project) ("Series 1990 Bon "),
(ii) payor reimburse the Interlocal Borrower for the payment of, or to refinance
prior debt the proceeds of which were used to pay, costs of acquiring, constr
renovating, rehabilitating and equipping certain healthcare .facilities ("Project"), I
(iii) fund a debt service reserve fund for the benefit of the Bonds, if deemed neces
desirable by the Interlocal Borrower, and (iv) pay certain expenses incurred in connecti
the issuance of the Bonds, including, without limitation, the cost of any credit enhance
liquidity enhancement, if deemed necessary or desirable by the Inter/ocal Borrower.
In consideration of the mutual agreements contained herein and
consideration of the recitals hereinabove set forth, it is hereby agreed by
parties thereto as follows:
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Section 1. Definitions. Unless the context otherwise requires, the following term f all
purposes of this Agreement shall have the following meanings:
Acts means the Anancing Act and the Interlocal Cooperation Act.
Administraformeons the administrator appointed punuant to Section 4!c) hereJ I
Agreement means this Interlocal Agreement and all amendments nd supple ents I
thereto. II
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Bond Indenture means the Bond Trust Indenture dated as of Septembe 1, 1998 between
the Issuer and the Bond Trustee pursuant to 'which the Bonds are to b issued, ard all
amendments and supplements thereto., ," f' ;,
Bonds means the revenue bonds issued in one or more series by the Issuer, in p rl, on
behalf of the Interlocal Participant for the benefit of the Interlocal Borrower under the'liB nd
Indenture. i
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Bond Trustee means the bond trustee selected by the Interlocal Borrower and app,b~ed
by the Issuer, or any successor trustee under the Bond Indenture. !; I
Financing Act means the Florida Industrial Development Financing Act, Part II, cJb~ter
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159, Florida Statutes, as amended. ' i :
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Inter/ocal Borrower means Keys Hospital Foundation, Inc. doing business as M riners
Hospital, a Florida not for profit corporation, and its successors and assigns.
,
Inter/ocal Cooperation Act means the; Florida Interlocal Cooperation Action of 1969,
Section 163.01, Part I, Chapter 163, Florida Statutes, as amended. I
Inter/ocal Participant means Monroe Cou'nty, Florida and its successors and assigns
Issuer means City of South Miami Health Facilities Authority, and its successo
assigns, as issuer of the Bonds.
loan means the loan to be made by the Issuer to the Interlacal Borrower to, a
other things,
(i) payor reimburse the Borrower for the payment of, or to refinance certain pri
the proceeds of which were used to pay, costs of acquiring, constructing, reno
rehabilitating and equipping certain healthcare facilities,
(ii) fund a debt service reserve fund for the benefit of the Bonds, if deemed neces
desirable by the Borrower, ,
(iii) fund working capital for the Borrower and
(iv) pay certain expenses incurred in connection with the issuan
including, without limitation, the cost of any credit enhancement or Iiquidi
deemed necessary or desirable by the Interlocol Borrower.
loan Agreement means the loan Agreement between the Issuer an , among
the lnterlocal Borrower, setting forth the terms of the loan. I I, .
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Master Note means the Master ~ote of'the Parent deli~ered to the Bo~d. Trustee i~ r~er
to evidence the obligation of the Borrower to pay a collective amount sufficient to a ortlze
the Loan. ' I
Resolution means a resolution of the gO~erning body of a party hereto adopted ~ r the
purpose of approving and authorizing the execution of this Agreement or any amend ent
hereto, or approving any action taken pursuant to this Agreement when such appro al is
required hereby.
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Terms defined in this Section in the singular shall include the plural and vice versa. t
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Section 2. Purposes. In order to assist in the development and maintenance I
public health, to accomplish economies of scale and other cost savings, and to redu
costs of providing health care services, this Agreement is entered Into pursuant to the au '
granted in the Acts for the purposes of providing for the issuance of the Bonds by the Iss
behalf of, among others, the Interlocal Participant for the benefit of the Interlocal Borro
order, among other things, to make the Loan to thelnterlocal Borrower to, am ng other t ngs,
(i), payor reimburse the Borrower for the payment of, or to refinance ertain prio ,debt
the proceeds of which were used to pay, costs of acquiring, construc ing. reno ~ting,
rehabilitating and equipping certain healthcare facilities,
(ii) fund a debt service reserve fund for the benefit of the Bonds, if dee
desirable by the Borrower,
(iii) fund working capital for the Borrower and
(iv) pay certain expenses incurred in connection with the issuance of the
including, without limitation, the cost of any credit enhancement or liquidity enhance
deemed necessary or desirable by the Interlocal Borrower.
This Agreement shall be interpreted so as to permit the realization of such purp
the full extent authorized by the Acts.
Section 3. Effective Date: Closing Conditions,' Duration. This Agreement shall be ome
effective and shall enter into force, within the meaning of The Interlocal Coo eration Ac;:t. 0pon
receipt by the Administrator of ' ,
(i) the Resolutions duly adopted by the governing body of the I suer and I f the
Interlocal Participant, respectively, approving and authorizing the execution nd delivery df this
Agreement, '
(ii) a counterpart of this Agreement, duly executed by authorized of Icers of the ~ Issuer
and the Interlocal Participant; and I I
(iii) evid~nce satisfactory to the Administrator of the filing of a duly exe~~" 'ted
counterpa~ of thIS Agreement with the Cler~ of the Circuit Court of Monroe County, Florid?i '
T,he Issuance of the Bonds shall be subjecf.to the receipt by the Administrator of 1
(~! the do~~ments and showings lis,ted in clauses (I) through (iii) above, ~
(II) an opinion of counsel to tho e Interlocal Participant in substantially the form att hed
hereto as Exhibit A, and :
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. (iii) such other documents. opinions and .shawinQs as may be necessary to elf t!Jq. te
the ISSuance of the Bonds and the making of the loan. I I:
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The term of this Agreement shall end tipon the discharge of th~ Bond Inden
accordance with the provisions thereof. Upon the expiration of this Agr~ement, any pro
moneys not required to be used to pay principal, premium, if any, or intere$t on the Bon
not otherwise required to be applied os requhtd by the Bond Indenture shall, to the'
permitted by law, be distributed pro rata between the Interfocal Borrower and the other
to whom loans were made from proceeds of the Bonds.
Section 4. The Inlerlocal Financing. The Issuer shall issue the Bonds subject p :the
following conditions:
a) The Bonds. I
(i) The Issuer shall authorize the issuance and delivery of the Bonds pursuant t and
subject to the terms and conditions of the Bond Indenture, the portion of which sh II be
attributable to the Loan being in an aggregate principal amount not to exceed $25, ,000.
The Bonds shall be rated and shall bear interest, be subject to repurchase and redempti n, be
designated and be in the form, and have such other terms as are provided in the Bond
Indenture, as finally executed and delivered by the Issuer without further approval f I the
Interlocal Participant, but subject in all respects to the provisions set forth in the ssuer
Resolution.
(ii) The Bonds, together with interest thereon, shall not constitute a debt, Iiab I ty or
obligation of Monroe County, Florida, the State of Florida or any political subdivision or a ency
thereof. but shall be special and limited obligations of the Issuer payable solly from, an shall
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be secured by, to the extent and in the manner provided in the Bond Inde ture, a pie e to
the Bond Trustee of the rights of the Issuer under the Master Note and the Loa Agreeme I and
the amounts in the funds and accounts created by the Bond Indentur. The Int~ oca!
Participant and its members, officers, agents and employees shall not e liable" the
payment of the principal of, premium, if any, or interest on the Bonds. nor s all the Inte ocal
Participant or its members, officers, agents and employees, be liabl for any I ther
indebtedness or liability which may arise in connection with the issuance of he Bonds ~" the
making of the Loan. . I, I '
(iii) The proceeds of the sale of the' Bonds shall be applied in acc rdance wi In the
provisions of the Bond Indenture for the purposes specified in the Bond Indentu e and in S ' tion
2 hereof. II
(iv) The Bonds may be issued in one or more series and, if issued in more than one seHes
references ~erein to !he Bond Indenture, the Loan Agreement and the Master Note sh~lI!b~
deemed. ~o Include, If necessary, any sUPPI~menta. I Bond 'Indenture or Loan Agreements~ alnd
any additional Master Notes executed and 'delivered in connection with the issuan~ pr ~he
Bonds. I !
(v) The Interlocal Borrower shall agree to pay any amounts owing on the Bonds put~u~nt i
to the pr~visions of Section 148(f) of the Internal Revenue Code of 1986, as amended. i;' I
(VI) The Interlocal Borrower shall agree in the Loan Agreement to protect, indemnify; and
sav~ the Issuer and the Interlocal Participant, their members, officers, agents and em pI ~ees
against and from any and all liabilities, suits,' actions, claims, demands, damages, I $ses,
expenses and costs of every kind and nature incurred by or asserted q, imposed agai .1 the
Iss.uer: or the Int~oc~1 Participant, their members, offk:ers, agenb, and employees whlc ay
anse In connection WIth the issuance of the Bon~ or the mafcing of the Loan.
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(b) The Loan. h
(I) Pursuant to and subject to the terms and conditions of the Bond Indenture, t . Issuer
is hereby authorized to make available to the Interlocal Borrower proceeds of the Bond to be
used by the Interlocal Borrower for ,the other purposes set forth in Section 2 without further'
approval of the Interlocal Participant.
(ii) The Loan Agreement shall provide for payments sufficient to pay expenses i cident
to the issuance of the Bonds and any costs and expenses of the Interlocal Participant rid its
counsel.
Section 7. Governing law. All questions with respect to the construction
Agreement, and the rights and liabilities of the parties hereto, shall be governed by the I
the State of Florida.
(c) Administrator. ,
Pursuant to Section 163.01 (6) of the Inter10cal Cooperation Act, the Issuer is
designated the Administrator. The Administrator shall have and is hereby de egated fyll
and authority to do all things necessary or convenient to carry out fh purposes f this
Agreement, including, without limitation, the appointment of such agents or entities I s, are
necessary or desirable to effectuate the issuance of the Bonds and the maki g of the loc:>>r.
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Section 5. Amendments This Agreement may not be amended, c anged, mopified
or altered except by an instrument in writing which shall be !: "
(il approved by a Resolution of the governing body of the Issuer and of the Inttrt' ,cal
Participant, i I I
(ii) executed by duly authorized officers of the Issuer and the Interlocal Participantl nd
(iii) filed with the Clerk of the Circuit Court of Monroe County, Florida '
Section 6. Severability. If any t~rm or provision of this Agreement or the apPli1 ation
thereof shall to any extent be invalid or unenforceable, the remainder of this Agreement,:~r the
application of such term or provision to circumstances other than those with respect to ~~ich it
is invalid or unenforceable, shall not be affected thereby, and shall be enforced to t~e ~xtent
permitted by law. To the extent permitted by applicable law, the parties hereby wai~ any
provision of law which would render any of the terms of this Agreement unenforceable. i
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Section 8. Notices. Any notice or other communication shall be sufficiently 9iV1 and
shall be deemed given when delivered or mailed by registered or certified mail, p t~ge
prepaid, addressed as follows:
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To Issuer: ' I,
City of South Miami Health Facilities Authority
% Office of City Manager
6130 Sunset Drive
South Miami, Fl 33 t 43
Telephone 305/663-6338
Fax 305/663-6345
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The !ssuer and the Interlace! PartlclpQnt may, by' notice given ~nder, designate any
or dIfferent addresses to whIch subsequent notices or communications all be sent.
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, . "s:ction 9. Counterparts. This Agreement may be executed i~ any num 01
counterparts. each of which shall be an original. but all of which together s II constit1u e one
and the same instrument. 1.<>> I i ~I' i
Section 10. No Delegation ;:;~Ufhorfty~ ThIs rnterk>cal Agreement s all in no wy! bel
interpreted to authorize the unlawful'delegation of the constitutional or stat tory duties'lCi>fthe'
Issuer. the Interlocal Participant or any of their officers, members, representati es or employes.
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Section 11. Limited Approval The approval given herein sh~1I not be construed! a~' I an
approval of any necessary zoning or rezoning applications nor for any planning or regvl tory
permits and the approval of this Interlocal Agreement shall not be construed to be a wai~ r by
either the Issuer or the Interlocal Participant of, and neither the Issuer nor the l'ltEtrl cal
Participant shall be estopped from asserting, any regulatory rights or responsibilities it may: ave
with respect thereto.' I ' i
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be exe!cuted'
and attesfea1".,tQ,~ir respective corporate names by their duly authorized officers all P$ ;of the
date fi~t:;~bovewn1ten. I ' .
(SEAl")/~;" '.It. ; \:,\ ,~ . II
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ATTESt: DAN,NY\~ KO).HAGE, CLERK
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B~~ fJv':AO/~
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Deputy Clerk
By
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~. (SEAL)
ATTEST:
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:...- By
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CITY OF SOUTH MIAMI HEALTH
FACILITIES AUTHORITY
By
Title
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