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Agenda 12/14/2010 Item #16K 8 Agenda Item No. 16K8 December 14. 2010 Page 1 of 10 EXECUTIVE SUMMARY Request by the Collier County Industrial Development Authority j()r approval of a resolution authorizing the Authority to issue bond anticipation notes fill' health care facilities for a continuing care retirement facility known as The Arlington of Naples. OBJECTIVE: To accomplish thc necessary approvals to authorize proposed bond anticipation notes to be issued by the Collier County Industrial Development Authority (the "Authority") to be used by The Arlington of Naples, Inc.. (the "Arlington"), whose sole member is Lutheran Life Communities, Inc., cach a not-for-protit corporation and the owner and operator of The Arlington of Naples lilr a portion of the cost of pre-development, architectural, marketing, and other eligible pre-development expenses in connection with the construction of a continuing care retirement community consisting of 180 Independent Living Units, 72 Assisted Living Units (of whieh 32 will be memory support units), and 32 skilled nursing beds, along with ancillary facilities (the "Project"). The facility will be located on a :3D acre parcel on Lely Cultural Parkway near the intersection with Collier Boulevard (CR D(1) in the Lely Resort development. Arlington owns the land, and it is zoned [or the intended use. ,- CONSIDERATIONS: The Arlington, as described above, will be a continuing care retirement community. The operator of the tacility will be Lntheran Life Communities, a large and well- established senior care provider with scveral similar jacilities, some of which have been in existence for over 100 years. Similar to Moorings Park (whose original impetus was a gronp from Moorings Presbyterian Church), The Arlington is a result of impetus from a group of Lutheran congregations in the Naplcs/~v1arco area. \Vhilc the application describes the facility as faith-centered, it is open to all. The proposed tinancing structure is to issue bond anticipation notes (the "Notes") in an amount not to exeeed $15 million to jund pre-development costs. These costs consist primarily of design, engineering, architectural, site preparation, marketing. and othcr development-related costs. The plan is to issue the permanent bonds when 70% prc-sales have been achieved and to take out the Notes as part of a bond issue to fund construction of the entire Project, in an estimated amount of $180 million. This is estimated to occur in 2012. As bond anticipation notes on a projcct yct to bc built, the Notes will not be sold to the public, but will bc privatcly placed with Qualiiicd Institutional Buycrs (banks, investmcnt companies, etc.) or Accredited Investors (high nct-wOlth individuals) as such are ddined by fcderallaw and in 111inin1UlTI den0i11inatiijl1S of $1 ()(),O()(). 8uyers arc required to certify to the Undenvriter that they meet these requirements. .- The Authority met on November 16, 201 0, and heard presentations from The Arli"gton of Naples ofjjcials. The meeting was noticed by publication in the Naples Daily 1'. ews in accordance with the regulations till' such notice contained in the Internal Revenue Code. Inviting attcndance, participation, and comments Ij'ommembers of the public. No members oftbe public attended the meeting or submitted comments. At the conclusion of the public hearing the Authority detenllined to proceed with the linancing and adopted a resolution evidencing such approval (the "Authority Resolution"). Tbe notice published in the Naples Daily News is AgGl1da Item No. 16K8 December 14.2010 Page 2 of 10 attached as Exhibit A to the Authority Resolution. Federal tax law requires two approvals for the issuanee of the Notes. First, the Authority must hold a publie hearing, and must adopt a resolution in favor of issuing the Notes, as described above. Following this approval, the governing body of the jurisdiction must also approve the note issue. This does not have to be a specially advertised hearing, but must be done at a regularly notieed and held meeting. A Resolution fllr the Board to adopt is attached, and the Authority Resolution is attached to the proposed County Resolution as an exhibit. As arc all revenue bonds or notes of this type, these notes are based on revenues of the project and arc not obligations of the County. There is no pledge of any taxes, nor a pledge of any revenues except the revenues of The Arlington. Neither the County, the Board, the Authority, nor any officer of the County is liable for their payment. Further, the Resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMI'ACT: This program does not require any contribution fi-om the Board of County Commissioners or any other County agency. On the other hand, the construction of these facilities has a positive liseal impact on the community by creating additional employment and local expenditures. Estimated employment upon opening of the facility is about 150 employees, with a payroll of $5.500,000 pcr year. The Pmjeet will use local architectural, engineering and construction firms. While not technically a Jiscal impact, likc the Moorings Park facility, The Arlington of Naples lticility will have the eflCct of keeping in our community hundreds of residcnts who have rcsided in Collicr County Illr 20 to 30 years and who can remain in our community when they have reaehcd that stage in life where a life care facility is necessmy. The great majority of pre-sales to future residents of The Arlingtoll of Naples arc long-term Naples rcsidents. LEGAL CONSIDERATIONS: This item has becn revicwcd and approved by the County Attorney's Omce and is legally sufticiellt ItJr Board actioll-SRT. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse growth management consequences. The IilCilities arc being cOllstructed in accordance with all County gmwth management regulations, and arc subject to the LDC, the Growth Management Plan, concurrency requirements, and the payment of impact fees. The Project is part of a PUD that authori/.es thesc uses. RECOI\11\"lENDAT!ON: The Board Df County C0111nli~;sioners adopt the attached Resolution. Prepared by: Donald A. Pickworth, ('ounsel ('oilier County llealth Facilities Authority Agenda Item ~jo. 16K8 December 14, 20'10 Page 3 of 10 COLLIER COUNTY no/\r,D OF COUNTY COMMISSIONEFIS Item Number: Item Summary: 161<8 Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the J\UH101ity to issue bond anticipation notes for healthcare facilities for a cOlltilluing Celie ftAilemenl facility known as The Allington of Naples. Meeting Date: 12/14/2010 90000 AM Prepared By Jeff Klatzkow County AttlJrney Date 12/3/20108:51 :12 AM Approved By Scott R. Teach Deputy County f;,HOrfwy Date County AHorne)! COl1nty AltonlOV 12/3/20'109:04 AM ApproHd By "I~ff 1<;.1i:1:zkOYJ (;c;Utll.y Attonw)1 Date 12/3/20'lO 10:12AM ApproHd By CH~'iB COUfdindor Date County ilijcUk:tl':!r'S (JHiv',' '\F;~;c I'f k:;~!FfG':"l1C''-'i n" ['lHl~y~t 12!2!2(J'10 12:57 PM Appro\Cd Il)' r~,lIHly 1~'l':'L'mt:;::dd r,':;H1a9";tnCIIUSud~JEd (\.ll:)lyst Date ()iiic:c Qr M;1Il<lqC~Ti': :11 D. [3ul,'n':}t (:)Hice ,if IVi,c1ila~F~n"-'nt ,']., nudtl01 12/3/20102:23 PM Approved B) tL~i E. {'el:: ir. t:PWlfj' hn:lll~1q(~~ Diltn (>'\11<1\' MJ!t;.1(,:~,r~' 'liiv' '.,'-'lIr1tV I\n;!n:,w..t:'~ !.'lfi"p 1 :;:f~iI201 08:31 PM Auenda Item NO.1 GK8 'December 14. 2010 Page 4 or 10 RESOLUTION NO. 2010-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY SECTION 147(1) OF THE INTERNAL REVENUE CODE, AS AMENDED; PROVIDING FOR OTHER RELATED MATTERS, AND PROVIDING AN EI<'FECTlVE DATE. WHEREAS, the Collier County InJustriaJ Development Authority (the "Authority") is a boJy corporate anJ politic of Collier COUllty. FloriJa ("Collier County") created by Collier County Resolution No. 79-34 July adopted by the Board of County Commissioners (the "Board") on February 27, 1979 pursuant to Part III of Chapter 159. Florida Statutes, as amended, with the power to issue revenue bonds or bond anticipation notes for the purposes of financing a "project" as defineJ in Part II of Chapter 159. FloriJa Statutes. as amenJeJ; anJ WHEREAS, The Arlington of Naples. Inc., and its sole member Lutheran Life Services, Inc., each a not-for-profit corporation (collectively, the "Corporation"), have requested the Authority to issue its Ilealth Care Facilities Bond Anticipation Notes (The Arlington of Naples Project) (the "Notes") for thc purpose of making a loan to the Corporation to finance or reimburse the Corporation for the costs of the Projeet (as such term is JctineJ in the Authority Resolution described below), and to pay certain expenses ineurreJ in connection with the issuance of the Notes; and WHEREAS, Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the elected legislative body of the governmental unit which has jurisdiction over the area in which the facility financeJ with the proceeds of tax-exempt bonds or notes is located is to approve the issuance of such bonds or notes after a public hearing; and WHEREAS, the Board of COWlty Commissioners of Collier Connty, Florida (the "Board") is the electeJ legislative body of the County; and WHEREAS, the Authority caused a notice of a public hearing to consider approval of the Notes and the location and nature of the Project to be published on or before November 1, 2010 in the Naples Daily News, a newspaper of general circulation iu Collier COWlty, and a copy of said notice is attached to thc Authority Rcsolutiou described herein (the "Notice"); anJ \VIIEnEAS, the Authurity heltl a pubiic hearing on November 16. 2010, pursuant to the Notice anJ adopted a resolution (the "Authority Resolution") authorizing the issuance of the Notes, a copy of which is attached hereto as Exhibit A, and has recommended to the Hoard that it approve the issuance of the Notes in accordance with Section 147(1) of the Codc; and WHEREAS, for the reasons set forth above, it appears to the Board that the approval of the issnance and sale of sueh Notes as required hy Section 147(1) of the Code is in the best interests of Collier County. and the Board desires 10 evidence approval of the issuance of the Notes to satisfy the requirements of the Code, Agenda Item No. 16K8 December 14, 2010 Page 5 of 10 NOW, THEREFORE, BE IT RESOLVED BY TilE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORlDA, that: Section 1. Approval of Issuance of the Notes. This Board hereby approves the issuance of the Notes by the Authority for the purposes described in the Notice pursuant to Section 147(f) of the Code. The Notes shall be issued in such series, in such aggregate principal amount (not to exceed $15 million), bear interest at such rate or rates, mature in such amount or amounts and be subject to redemption as are approved by the Authority without the further approval of this Board. The Notes shall not constitute a debt, liability or obligation of Collier County, the Board, any officer, agent or employee of Collier County, the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier 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 Notes. No member of the Board or any oiIicer or employee thereof shall be liable personally on the Notes by reason of their issuance. This approval shall in no way be deemed to abrogate any regulations of Collier County, The Project shall be subject to all such regulations, including, but not limited to, the Collier County Growth Managcment Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 2. Severability If any section, paragraph. clause or provision of this Resolution shall be held to be invalid or incffcctive for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ine!1ectiveness of such section, paragraph, clause or provision. Section 3. E:f.(ective Date. Tlus Resolution shall take effect immediately upon its adoption. and any provisions of any previous resolutions in conflict with thc provisions hereof are hereby supersedcd. PASSED and Adopted this 14th day of Deccrnber, 2010. A TrEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By:__ Deputy Clerk Fred W, Coyle, Chairman Approved as to fonn and legal sufficiency: --- ...-- . --------0 Jeffrey A. Klatzkow, County Attorney Agenda Item No 161\8 December 14, 20t 0 Page 6 of 10 RESOLUTION NO. 2010-07' AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY I1\DUSTRIAL DEVELOPMENT AUTHORITY REGARDING THE OHICIAL ACTION OF THE A UTHORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF ITS HEALTH CARE FACILITIES BOND ANTICIPATION NOTES (THE ARLINGTON OF NAPLES, INC, PROJECT) SERIES 20 lOIN AN INITIAL AGGREGATE PRINCIP AL AMOUNT NOT TO EXCEED $ I 5,000,000 FOR THE PRINCIPAL PURPOSE OF FINANCING CERTAIN PRE. DEVELOPMENT COSTS INCURIlliD OR TO BE INCURRED BY THE AIU,INGTON OF NAPLES. INC. (THE "CORPORATION") IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION, RENOVATION AND EQUIPPING OF CERTAIN HEALTH CARE FACILITIES; AUTHORIZING THE EXECUTION AND DELIVER Y OF A PRELIMINARY AGREEMENT BETWEEN THE AUTHORITY AND THE CORPORATION; AND PROVIDING FOR RELATED ~~,1/\T'1 'EP..S, WHEREAS, the Arlington of Naples, Inc" an Illinois not.far-profit corporation qualified to do business in Florida (the "Corporation") has applied'to the Collier County Industrial Devclopment Authority (the "Authority") to issue a series of its private activity bond anticipution notes in thc initial aggregate principal amount of not to exceed $15,000,11110 (the "Notcs") for thc principal purpose of financing certain costs of construction, rcnovation and equipping of certain health care facilities (the "Project") to be owned and operated by the Corporation and paying costs associated with the issuance ofthe Notes; and \VlIEREAS, the "Project", as described in the application consists of certain prc. developmcnt costs consisting or costs lor, but not limited to, marketing, planning, site and builtiillg design, ::dtl: picpl1r~tionl C!l\'ironmclltal pcnniuing, all for the purpose offaciIitating the acquisition, construction, and equipping of certain health care nlcilities, consisting or 180 indepcndent living units, 72 assisted living units (of which 32 will be memory support units), and 32 skilled nursing beds along with associated common areas and to pay certain expcnses incurrcd in connection with thc issnancc of the Notes; and WHEREAS, the Corporation has requested that thc Authority loan the proceeds of the Notes \0 the Corporation pursuant to Chapter] 59, Parts II and III, Florida Statute5, or EXHIBIT A TO Bee RESOLUTION Agenda Item No. 16K8 December 14, 2010 Page 7 of 10 such other provision or provisions of Florida law as the Authority may determine advisable (the "Act") in order to accomplish the foregoing purposes; and WHEREAS, the issuance of the Notes and the loaning of the proceeds thereof to the Corporation to finance the costs of the Project under loan agreements or other financing agreements, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, ifany, on such Notes and such other costs in connection therewith as may be incurred by the Authority, will assist the Corporation and promote the public purposes provided in the Act; and WHEREAS, in order to satisfy certain of the requirements of Section 147(1) of the Internal Revenue Code of 1986, as amended (the "Code"), the Authority did on the date hereof hold a public hearing on the proposed issuance of the Notes for the purposes herein stated, which date is more than 14 days following the iirst publication of notice of such public hearing in a newspaper of general circulation in Collier County and which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on the issuance of the Notes and the location and nature of the Project, as more particularly described in the notice of public hearing attached hereto as Exhibit A; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Notes within the meaning of the applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by the Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Aet and other applicable provisions of law, SECTION 2. PRELIMINARY STATEMENT, This Resolution is entered into to permit the Corporation to proceed with the financing of the costs of the Project and to provide an expression of intention by the Authority, prior to the issuance of the Notes, to issue and sell the Notes and make the proceed' thereof available for such purposes, all in accordance with and subject to the provisions of the Act, the Constitution and other laws of the State of Florida and the laws of the United States of America, including the Code, and this Resolution, but subject in all respects to the temlS of the Preliminary Agreement. 2 Agenoa Item No 16K8 December 14, 2010 Page 8 of 10 SECTION 3. APPROVAL OF THE FINANCING. The financing of the costs of the Project by the Authority through the issuance of the Notes, pursuant to the Act, will promote the economic development, prosperity, health and welfare of the citizens of Collier County, will promote the general economic structure of Collicr County, and will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, howcver, in all respects to the Corporation meeting the conditions set forth in the Preliminary Agrecment to the sole satisfaction of the Authority, SECTION 4. AUTHORIZATION OF THE Notes. There is hereby authorized to be issued and the Authority hereby detennines to issue the Notes, if so requested by thc Corporation and subject in all respects to the conditions set forth in the Preliminary Agrecmcnt, in an aggregatc principal amount not to exceed $15,000,000 for the principal purpose of lInancing the costs of the Project as described in the Preliminary Agreement. The rate of intercst payablc on the Notcs shall not exceed the maximum rate permitted by law, SECTION 5. GENERAL AUTHORIZATION. The Chairman and the Vice-Chairman arc hereby further authorized to proceed, upon execution ofthc Preliminary Agrecment, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps anll actinns as may be required or necessary in ordcr to caLise the Authority to issue the Notes subject in all re~pects to the tenns and conditions set forth ill ihc Prcliininary Agreement authorized hereby. SECTION 6, OFFICIAL ACTION. This resolution is an official action of the Authority toward the issuance of the Notes, as contemplated in the Preliminary Agreemcnt, in accordance with thc purposes of the laws of the State of florida and the applicable Unitt'd States Treasury Regulations, SECTION 7. LIMITED OBLlGA nONS. The Notes and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the Stalc of' Florida or any political subdivision or agency thereof but shall be payable solely from the revenues pledged therefor pursuant to a loan agreement or other linancing agreement entered into between the Authority and thc Corporation prior to or c.ontelllporallcOusly with the issuance of the Notes, The Authority has no taxing power, SECTION 8. LIMITED APPROVAL. The approval given herein shall not be construed as all approval or endorsement of approval of any necessary rezoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoptinll of this resolution to have waived any right 3 Agenda Item No. 16K8 December 14, 2010 Page 9 of 10 of Collier County or to have estopped Collier County from asserting any rights or responsibilities it may have in that regard, SECTION 9. EFFECTIVE DATE. This Resolution shall take effect immediately. ADOPTED this 16th day of November, 2010. "(SEAL), COLLIER CO~INOI1STRIAL OE LLOPMENT~Y .". 4 Ag8ncla Item NO.1 liK8 December 14, 2010 Page 10 of 10 Naples Daily News Naples, FL 34110 AE~idavit of publication Naples Daily News ------------------+------------------------ -------------------------------- PICKWORTH, DONALD P.A. 5150 TMIIAMI TRL N il502 NAPLES FL 34103 L REFERENCE: 010784 59632823 DONALD A, PICKWORTH COLLIER COUNTY INDUS CQnllr County ltWl,lrtrl.l, Devrlopmrf1t Authority Notice ~~~r;;~hln~~':P N~;\~~~~~-r.,finlt Notl<< 1\ hrrrby \li~tn thlt lnr (olher Cou...ty Ind\lrtr~1 De\'t'~ AlIthot'lty (the ....vthotity.) wi\i cond4Ct . 'ipuli,1 mutlng'M publk M.rinG on NO"IiImbl!r 16 2C1Cl ~Inn!n\l It BJO .m In tht fU)O'l()IYIK broHIlopmtnt CO'H'Itll of Coll"f Count'! Co"fl!ttfU Room. 3050 North Honnhoe Oflve. Sujt~ 120, H~'" flClridi, }.41004 for tn. rNr~""_o' 1~.lvlng publK; ~Ol",,\.n!' trld,hu,1119 dlK\lWOI'l (on- ltrnlng t~ plopot.td lUU"'1tt III the AuthOlIT\"l H"ttn c..t. hclllties R_n\.l' 8ont! N1tl~ipation Notel ("11'1' ArI,ngton 01 Nlpl,,," Inc, !',olK{), Sel'\f1 UtQ In In .gg,..g.lr ~fln~l~ .mOI.mt no'! 10 r1~r~ '515,000.000 (UlI "IlANS"), fOf thl pur- pole 01 rfI,iIldrog , II:>.n or 10'''' to Tl'lr A,lington ~I fQpIM,}nL, In l!ll"~i~ not fOl' prollt tOfpor.tlon QUliifltd to dO bUllnrn 1" Flonda (the CurporltlOn l,for t~e I>UTflOl1 01 p.ovldl...g lun~1l to fln'n(~," ~ortion of Ih.. COlt at ~1:l,ut.lJct'"~, .nd equlpr>,ng contir'kllrtg tlrc reU-IlMnt t"~JIt1It1, Indudln~ 16(l i(\drpen~cn1 h~lnq uni"'. 40 IlliJ'l.d ~vln9 unitl. )2 memO,., caf' units. H ,k,lled nUr'Jlng uniU, .lId ~\ Villll Itne "PtOjllCt"), Thoi' P'Dled .110 ,"dudrl tommol'l .reM lf1d wtdoor plt'o,. IS will 'I undll'ltructu.r ~l'I<.in!l, the p\.~hbM; oi unlin .o;ulp",rnt, '00 the piiY- m'''' of ~ertaln npet>lf'llr\(ll.r~d III connection wilh U1f IUUlncf gf the a...~5 The Project will be ltICeted on' tn.d of 1.nd (omi'ting 01 ,o~'o.'m.tely)9-"1tt ".ithln the l.lly ltll'ort ~ommun,ty In thl 10Ulh"'flt quadunt of 1M 'I'It,BtCtlon 01 the Lely (LIlli.'! hrkw., .."d Collier 1I0ult\>ard and I, legOlllly lMK.i~ It$ . poor- lJO/'l of Tria "D', L'tv !tUg.t 1"tI".., Two, Pial ilXlk l'. PlQft 43 \ilrough 45 of the pu..llr ~IKO.dl 01 CoIII,r Counly, Thl ""'1,.1 own~' ~nd opt..1ftr oj the holr<t w1~ btThf....hl">Otll'noIN~pIU.ll'lL Th. 8A~\ ""ill be pMy~b\f wlrly f,a", th~ ",.nun d.tl"'~ bV ttl. Authority from, loan ~rHm.nt or otl>ef "".ndnll dlKUm.trlll brtwten the Al,Il/'Iollry ili'ln thr '0'- pt"ItIOl'l N.tthll' the IANt not the Iflt,r.ft !l'I.r.u" Jh-'I be In l/ldrblrdnM' of, or , pl~d'ilc of tfI. tiling pow" or. .ny other ....~.nuft of Comer COlInt'j'. the ~tatt 0\' flo,I(I., Q' '",y polltl~1 lubdivillOfl or '\lcncy thereof. Thl Al.I'lhorrt)' hal M tllin\lpowtr . State of Florida Counties of Collier and Lee Before the undersigned authority, persone appeared Kim pol<arney, who on oat}". says the serves as the Accounting Manager, of the Na Daily News, a daily newspaper published at in Collier Coun:y, Florida: distributed in and Lee counties of Florida; that the attac copy of adverlising was published in said newspaper on dates lisLed. Affiant furth~r says that the said Naples r':e\\'s is a newspaper ptlblished at Naples, in collier County, Flocida, ami that the said newspaper bas heretofore been cont.:i :l.uQusly day und ha.s been cI;l.e.re:1 aD second class ma. matter at the poSL office in Naples, in sail Collier County, fl::)rida, foy C1 period of 1 next precedirlg the first publlcatlc)n of the att,Jch~d copy of advertisement; a~ld affiant further says tllat he has neictler p~iJ nor promifJed any person, finn or COL-pol."atior: an~ discount, rebate, comnnEi3ion or refund for t purpose of securing this advert.~.~)Cr:'CIlt for puLlication in the said newspaper, PUBLISHED ON: 11/01 ("pi~l (,! 1h~ ~ppli~..\I!Jr\ 10' Ji"MIClrlq Ire ....,lI.b1t to:>r 1",p~IOr\ 11I11 (ClflYI"'ll .t tht (If!;" of t~. Authority "'t lo<1l'1 beloW, _ All ."Ie'eited pol!flOOI .re In~lttd t~ ~ut,,-r,': "'In!':'!" comment! or ,ttend lhl 11~.ft"9, ,ittle, penon. I.'>' (If through thllf .ep'l~ntlt!vt. and ",ill b4! gl~en .11 QP"o-rt~l\i~ 10 f"f'l'W 1"~lr ~)rW\ tOfl(~fnlllJ tM pml.ct DI' Ihe flJ'\illlCi'lg. Anyo"'" (les\nnQ to m;1lk' written ~ommtl\ll ,r'I iv' V'r'lCI' 'ii tr'lr hear'''ll mllV IenO l...d, ~ommt"U lD: C(>II,~' (OUl"ty 11I<11.111d,1 Ot~e!Oplf\MltAIJthotlly uo hO(lc",it De~flopm"o: Couf\di J~SG No,th 1-10,.,.<.1101 D.,,,,, S\lite 1]0 N.",,'~l. florid. 1.11)4 SHOUl n AN)' rrkmN O{CIO[ 10 A~~fAl AN)' D[CI!tlON MADE IY TH~ AuTKOlJ. f'( WIT" R[SPI<T TO A~Y MATlU (ONSIDER~O AT suC'rl )o!EA~ING, SiJCH ~ERSON WIll N([O A IKORD a: TH~ Pf\o<:nOING~ AND, FOil TH...T I'UIlPOSf. SUCH HIl' SON MAY ~EfD 10 fN",A~ THA1 A V~fl.aATIM UCORD Qf THE PROCHDINGS IS MADE, WIIICH IIECOII.O INCVJDES tHt: nSnMONY AND (VlOfNC[ U~ON WHICH TH[ APrtA~ IS 10 B[ BASrn I" ",'I'IHI.nce ",,'Ih ,fl. A.mP.)tan, ..,itt> Dlwbilltit:l ~ penon! nif'Mliny , lIQftlal 'L<()~rTo(>tl,'tiOo to pllrll(ip.ta 1M lh" hea.;.,g Iho,,1d ,onlllcl OOl'lald A- Pltllworth, (,~"~r'" (O\JIllel. III (2J9'l lfiHIO&1) r.o I.t" (n'l"I Wlen (1) dOllY' p.lor to the he..- '''~ Tnl\ "otl~1 II Q'vfln pl.llluant to ~tl"'n 1UlU 01 the In1t"'" Revl\'\"" (aM. f,li ."......n~\l. ~~,~:~.T~~n71:~~u;~~ai C..~fllopll~nt ....nhO.rrt ^\\i\tlI11\f'Ull'ta'Valld G~I1.rlll (our..1 MG,11.o11 AD SPACE, FILED 0);: N'~v."'l:>r' '. XlIO I 104 LINE I 11/01/10 :::~~::Il-~-:~-~~~:~~: - -7!;4-----------+------------------u---- ~h... doy of sworn to and Subscribed before me this Pen30nally known by me .Kano1 f (\) ou'C",'o ev- 20 \0 ;Jf.i:;:~':\ , ~,("j , \;::~h~:~~::8,.) KAROL [ I(AriGI~S Notary Public - SI.de \;1 rlolida My Gorr,rr, [~llirC'!: J'JI 2~. :?Cl:J Corl1l11ls~ion II DO 912237 EXHIBIT A TO AUTHORITY RESOLUTION .""(~-~