Resolution 2011-016
RESOLUTION NO. 201l-jL
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE
OF REVENUE BONDS IN ONE OR MORE SERIES BY THE COLLIER
COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY
SECTION 147(t) OF THE INTERNAL REVENUE CODE, AS AMENDED;
AND PROVIDING FOR OTHER RELATED MA TIERS.
WHEREAS, the Collier County Industrial Development Authority (the "Authority") is a
body corporate and politic of Collier County, Florida ("Collier County") created by Collier County
Resolution No. 79-34 duly adopted by the Board of County Commissioners on February 27, 1979
pursuant to Part III of Chapter 159, Florida Statutes, as amended, with the power to issue revenue
bonds for the purposes of financing or refinancing the costs of a "project" as defined in Parts II and
III of Chapter 159, Florida Statutes, as amended; and
WHEREAS, Naples Community Hospital, Inc., and its sole member, NCH Healthcare
System, Inc. and NCHMD, Inc. (the sole member of which is NCH Healthcare System, Inc.) each a
Florida not-for-profit corporation (collectively, the "Corporation"), has requested the Authority to
issue its Healthcare Facilities Revenue Bonds (NCH HeaIthcare System Project), (the "Bonds") in
one or more series for the principal purposes of making a loan or loans to the Corporation to finance
or reimburse the Corporation for the costs of the Project and to refund the Refunded Bonds (as such
terms were originally defined in the Inducement Resolution described below), fund any necessary
reserves and to pay certain expenses incurred in connection with the issuance of the Bonds; and
WHEREAS, Section I 47(f) 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 financed or refinanced with the proceeds of tax-exempt bonds is located is
to approve the issuance of such bonds after a public hearing; and
WHEREAS, the Board of County Commissioners of Collier County, Florida (the "Board") is
the elected legislative body of the County; and
WHEREAS, the Authority caused a notice of a public hearing to consider approval of the
Bonds and the location and nature of the Project to be published on November 1,2010 in the Naples
Daily News, a newspaper of general circulation in Collier County, a copy of said notice being
attached to the Inducement Resolution described herein (the "Original Notice"); and
WHEREAS, the Authority held a public hearing on November 16,2010, pursuant to the
Notice and adopted an inducement resolution (the "Inducement Resolution") authorizing the issuance
of the Bonds, and recommended to the Board that it approve the issuance of the Bonds in
accordance with Section 147(f) of the Code; and
WHEREAS, by Resolution 2010-235 (the "Original Approving Resolution") adopted on
December 14, 2010 the Board approved the issuance of the Bonds by the Authority for the purposes
set forth in the Inducement Resolution; and
WHEREAS, subsequent to the adoption of the Original Approving Resolution, the
Corporation requested an amendment to the description of the Project and the Refunded Bonds and
in connection therewith the Authority caused a new notice of a public hearing to consider such
amendments to be published on January 10,20 II in the Naples Daily News, a copy of such notice
being attached to the Bond Resolution described herein (the "Amended Notice"); and
WHEREAS, the Authority held a new public hearing on January 24,2011 pursuant to the
Amended Notice and adopted a Bond Resolution (the "Bond Resolution") authorizing the
amendment of the description of the Project and the Refunded Bonds and the issuance of the Bonds
for the purpose of financing (and reimbursing the Corporation for) the costs of the Project and the
refunding of the Refunded Bonds (as described in the Amended Notice) in accordance with the
provisions of Section 147(f) of the Code, a copy of which Bond Resolution is attached hereto as
Exhibit A; and
WHEREAS, for the reasons set forth above, it appears to the Board that the approval of the
issuance and sale of such Bonds to finance (or reimburse the Corporation for) the costs of the Project
and the refunding of the Refunded Bonds (as such terms were modified pursuant to the Amended
Notice and the Bond Resolution), as required by Section 147(f) of the Code is in the best interests of
Collier County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
SECTION I. APPROVAL OF ISSUANCE OF THE BONDS. This Board hereby
approves the issuance of the Bonds by the Authority for the purposes described in the Amended
Notice pursuant to Section I 47(f) of the Code. The Bonds shall be issued in such series, in such
aggregate principal amount (not to exceed $150,000,000), 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. To the extent of any conflicts between this resolution and the
Original Approving Resolution and the Original Notice and the Amended Notice, the provisions of
this resolution and the Amended Notice shall prevail.
The Bonds 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 Bonds. No member
of the Board or any officer or employee thereof shall be liable personally on the Bonds by reason of
their issuance.
This approval shall in no way be deemed to abrogate any regulations of Collier County for
any portions of the Project located within the regulatory jurisdiction of Collier County. The Project
shall be subject to all such regulations, including, but not limited to, the Collier County Growth
Management Plan and all concurrency requirements contained therein and the Collier County Land
Development Code.
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SECTION 2. SEVERABILITY. If any section, paragraph, clause or provision of
this Resolution shall be held to be invalid or ineffective 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 ineffectiveness of
such section, paragraph, clause or provision.
SECTION 3. 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 this 25th day of January, 20] I.
ATTEST:
Dwight ~:~\~k, Clerk
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COLLIER COUNTY, FLORIDA BY
ITS BOARD OF COUNTY
COMMISSIONERS
~-/u},- Lv ~
Fred W. Coyle, Chairm 0
Approved as to form and legal sufficiency:
~1Jj? ~4~1
Sco R. Teach, Deputy County Attorney
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RESOLUTION NO. 2011-01
A RESOLUTION OF THE COLLIER COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY (THE "AUTHORITY") PROVIDING
FOR THE ISSUANCE BY THE AUTHORITY OF NOT TO EXCEED
$120,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF ITS
HEAL THCARE FACILITIES REVENUE BONDS, SERIES 20 I] (NCH
HEALTHCARE SYSTEM PROJECT) IN ONE OR MORE SERIES FOR
THE PRINCIPAL PURPOSE OF LOANING THE PROCEEDS
THEREOF TO NAPLES COMMUNITY HOSPITAL, INC. AND
RELATED PARTIES TO FINANCE AND REFINANCE THE COSTS OF
CERTAIN CAPITAL IMPROVEMENTS TO OR FOR HEALTHCARE
FACILITIES LOCATED OR TO BE LOCATED IN COLLIER COUNTY,
FLORIDA AND REFUNDING ALL OR A PORTION OF ONE OR
MORE OF THE OUTSTANDING (A) CITY OF NAPLES, FLORIDA
HOSPITAL REVENUE BONDS (NAPLES COMMUNITY HOSPITAL,
INC. PROJECT), SERIES 1993 AND SERIES 1996 AND/OR (B)
COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
HEALTH CARE FACILITIES REVENUE BONDS (NCH HEALTHCARE
SYSTEM, INC. OBLlGA TED GROUP), SERIES 2002 AND
HEAL THCARE FACILITIES REVENUE BONDS (NAPLES
COMMUNITY HOSPITAL, INC. PROJECT), SERIES 2004;
PROVIDING FOR CERTAIN RIGHTS OF THE OWNERS OF SUCH
BONDS AND FOR THE PAYMENT THEREOF; MAKING CERTAIN
OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH
THE ISSUANCE OF SUCH BONDS; AUTHORIZING A DELEGATED
NEGOTIATED SALE OF SUCH BONDS TO THE UNDERWRITER
REFERRED TO HEREIN; PROVIDING CERTAIN TERMS AND
DETAILS OF SAID BONDS, INCLUDING CONFIRMING THE SALE
THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF
ONE OR MORE INDENTURES, LOAN AGREEMENTS, PURCHASE
CONTRACTS AND ALL OTHER RELATED INSTRUMENTS
INCLUDING, WITHOUT LIMITATION, TAX AGREEMENTS;
PROVIDING FOR OTHER MISCELLANEOUS MA TIERS IN
CONNECTION WITH THE FOREGOING; AND PROVIDING FOR AN
EFFECTIVE DATE FOR THIS RESOLUTION.
BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY, COLLIER COUNTY, FLORIDA, THAT:
EXHIBIT A TO
COUNTY RESOLUTION
SECTION I. AUTHORITY FOR THIS RESOLUTION. This Resolution
is adopted pursuant to the provisions of Chapter 159, Parts II and III, Florida Statutes,
and other applicable provisions of law.
SECTION 2. DEFINITIONS. Unless the context otherwise requires, the
terms used in this Resolution shall have the mcanings specified in this section. Any
capitalized terms used but not otherwise defined herein shall have the mcanings assigned
such terms in the Indenture (defined herein). Words importing the singular shall include
the plural, words importing the plural shall include the singular, and words importing
persons shall include corporations and other entities or associations.
"Act" means the Constitution and laws of the State of Florida, particularly
Chapter 159, Parts II and III, Florida Statutes, and othcr applicable provisions of law.
"Authority" means the Collier County Industrial Development Authority, Collier
County, Florida, a public body corporate and politic and an industrial development
authority under the Act.
"Authority's Counsel" means Donald A. Pickworth, P.A., Naples, Florida.
"Bond Counsel" means the law firm of Nabors, Giblin & Nickerson, P.A.,
Tampa, Florida or a firm of nationally rccognized standing in the field of municipal
finance law whose opinions are generally accepted by purchasers of public obligations
and who is acceptable to the Trustec.
"Bonds" means the Healthcare Revenue Bonds of the Authority issued in one or
more serics from time to time for the benefit of the Corporation for one or more of the
purposcs set forth herein.
"Code" means the Internal Revenue Code of 1986, as amended from time to time,
including, when appropriate, the statutory predecessor thereof, or any applicable
corrcsponding provisions of any future laws of the United States of America relating to
federal income taxation, and except as otherwise provided herein or required by the
contcxt hercof, includes intcrpretations thereof contained or set forth in the applicable
regulations of thc Dcpartmcnt of the Treasury (including applicable final or temporary
regulations and also including regulations issued pursuant to the statutory predecessor of
thc Codc), the applicable rulings of the Intcrnal Revenue Servicc (including published
Revcnue Rulings and private letter rulings). and applicable court decisions.
"Corporation" means Naples Community Hospital, Inc., a Florida not-for-profit
corporation, and any surviving, resulting, or transferee entity as provided in the Loan
Agreement. Thc tcrm Corporation also includes (i) NCH lIealthcare System, Inc., a
Florida not-for-profit corporation and the sole member of Naples Community Hospital,
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Inc. (the "System") and (ii) NCHMD, Inc., a Florida not-for-profit corporation, the sole
member of which is the System.
"County" means Collier County, Florida, a political subdivision of the State.
"Indenture" means the Trust Indentures(s), to be executed by the Authority and
the Trustee, substantially in the form attached hereto as Exhibit C and incorporated herein
by refcrence.
"Inducement Resolution" means Resolution No. 2010-03 of the Authority
adopted on November 16, 2010 in connection with the issuance of the Bonds, the
refunding of the Refunded Bonds and the financing, refinancing and reimbursement of
the costs of the Project.
"Loan Agreement" means the Loan Agreements(s), to be executed by and
between the Authority and Corporation substantially in the form attached hereto as
Exhibit B and incorporated herein by reference.
"Master Indenture" means the First Amended and Restated Master Trust
Indenture, dated as of December 1, 1986, as supplemented and amended, between the
Corporation and the Master Trustee.
"Master Trustee" means Wells Fargo Bank, National Association (as successor
Trustce), and any successor Master Trustee under the Master Indenture.
"Project" means financing, refinancing or reimbursing the Corporation for the
cost of acquisition of the capital assets of various physician and medical practices
heretofore or hereafter acquired by thc Corporation and financing, or reimbursing the
Corporation for, the cost of acquisition, construction and equipping of certain healthcare
facilities, including, without limitation, patient rooms on the 5th and 6th floor and other
facilities renovations and equipment upgrades in the North Naples patient tower, the
Naples Hcart Institute and other facilities renovations and equipment upgrades at the
Naples Community Hospital Downtown Campus and the acquisition of the Medical Arts
Building.
"Purchase Contract" means, the Bond Purchase Contract(s) among the
Authority, the Corporation and the Underwriter substantially in the form attached hereto
as Exhibit A and incorporated herein by reference.
"Refunded Bonds" means, collectively, the Series 1996 Bonds. the Series 1993
Bonds, thc Series 2002 Bonds and the Series 2004 Bonds.
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"Refunded Bonds Projects" means, collectively, the healthcare facilities
financed and refinanced with the proceeds of the Refunded Bonds.
"Secretary" means the Secretary, any Assistant Secretary or any other
represcntative of the Authority appointed for the purpose of attesting to the signatures of
the Chairman or Vice Chairman.
"Series 1993 Bonds" means the outstanding City of Naples, Florida Hospital
Revenue Bonds (Naples Community Hospital, Inc. Project), Series 1993, issued on
August 13, 1993 for the principal purpose of financing and refinancing the costs of
certain healthcare facilities.
"Series 1996 Bonds" mcans the outstanding City of Naples, Florida Hospital
Rcvenue Bonds (Naples Community Hospital, Inc. Projcct), Series 1996, issued on
November 19,1996 for thc principal purpose of financing and refinancing the costs ofthc
certain healthcare facilities.
"Series 2002 Bonds" means thc Authority's outstanding Health Care Facilities
Revenue Bonds (NCH Healthcare System, Inc. Obligated Group), Scries 2002, issued on
November 26, 2002 for the principal purpose of financing and refinancing the costs of
certain healthcare facilities.
"Series 2004 Bonds" means the Authority's outstanding Healthcare Facilities
Revenue Bonds (Naples Community Hospital, Inc. Project), Series 2004, issued on
August 31, 2004 for the principal purposc of financing and refinancing the costs of
certain healthcare facilities.
"Series 2011 Bonds" means the Authority's Healthcarc Facilities Revenue Bonds
(NCH Healthcare System Project), Series 2011 (or such other Series designations as may
bc determined in accordance with the terms hercof) issued under the Indenture in the
aggregate principal amount of not to exceed $120,000,000, substantially in the form and
with the rates of interest, maturity dates and other details provided for in the Indenture or
othcrwise cstablished in accordance with the tcrms hereof and thereof.
"State" means thc State of Florida.
"Tax Agreement" means the Tax Exemption Agreement(s) and Certificate(s) to
be executed by thc Authority and the Corporation in connection with thc issuance of the
Series 20 II Bonds.
"Underwriter" mcans, collectively, Morgan Stanley & Co. Incorporated and all
other underwriters identified in the Purchase Contract.
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SECTION 3.
as follows:
FINDINGS. It is hereby ascertained, determined and declared
A. The Authority is a public body corporate and politic and an industrial
development authority duly created and existing under the laws of thc State of Florida,
and is duly authorized and empowercd by the Act to finance and refinance the
acquisition, construction, reconstruction, improvement, rehabilitation, renovation,
expansion and enlargement, or additions to, furnishing and equipping of any capital
projcct, including any private non-profit "health care facilities" (as the quoted term is
described in the Act), including land, rights in land, buildings and other structures,
machinery, equipment, appurtenances and facilities incidental thereto, and other
improvements necessary or convenient therefor.
B. The Corporation has heretofore requested the Authority to assist the
Corporation by financing, refinancing and reimbursing the Corporation for the costs of
the Project and the refunding of all or a portion of the Refunded Bonds through the
issuance by the Authority of not cxceeding $150,000,000 in aggregate principal amount
of Bonds in one or more Series from time to time.
C. Pursuant to the Inducement Resolution, the Authority, in accordancc with
all requirements of law, and after a public hearing duly held at its meeting on November
16, 20 I 0, upon reasonable public notice setting forth the location and nature of the
Project and the Refunded Bonds (as such terms were defined in the Inducement
Resolution), which notice was published on November I, 20 lOin the Naples Daily News,
a newspaper of general circulation in Collier County, a copy of said notice being attached
to the Inducement Resolution (the "Original Notice"), at which hearing mcmbers of the
public were afforded reasonable opportunity to be heard on all matters pertaining to the
issuance of the Bonds for the benefit of the Corporation and the location and nature of the
Project and the Refunded Bonds (as such tenns were defincd in the Inducement
Resolution), approved the issuance of the Bonds, the financing and refinancing of the
costs of the Project and thc refunding ofthc Refunded Bonds (as such terms were defined
in the Inducement Rcsolution) in accordance with Section ]47(f) of the Code.
D. The County, by resolution duly adopted on Dccember 14, 20]0 (the
"Original County Approving Resolution"), in accordance with all rcquirements of law,
approved the issuance of the Bonds by the Authority and the use of the proceeds thereof
to finance and refinance the costs of the Project and refund thc Refunded Bonds (as
defined in the Induccment Resolution and the Original Notice).
E. Pursuant to a Bond Resolution adopted on December 15, 2010 (the "2010
Bond Resolution"), the Authority approved the issuance of not exceeding $30,000,000
aggregate principal amount of its Healthcare Facilitics Revenue Bonds, Series 2010
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(NCH Healthcare System Project) for the principal purpose of financing a portion of the
costs of the Projcct (as described in the Inducement Resolution and Original Notice),
which Series 2010 Bonds were issued on December 30,2010 in the aggregate principal
amount of $30,000,000.
F. Subsequent to the adoption of the Inducement Resolution, the Original
County Approving Resolution and the 20 I 0 Bond Resolution, the Corporation requested
an amendmcnt to the description of the Project and the Refunded Bonds and in
connection therewith the Authority caused notice of a new public hearing to consider
such amendments to be published on January 10,2011 in the Naples Daily News, a copy
of such notice being attached as Exhibit E hereto (the "Amended Notice"); and
G. In order to satisfy certain of the requirements of Section 147(f) of the
Internal Revenue Code of 1986, as amcnded (the "Code"), the Authority did on the date
hereof hold a public hearing on the proposed issuance of the Bonds for the purposes
herein and in the Amended Noticc stated, which date is more than ]4 days following the
first publication of the Amended Notice 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 Bonds and the location and nature
of the Project and the Refunded Bonds, as more particularly described in the Amended
Notice; and
H. Thc Corporation has, after consulting with its financial advisor and the
Underwriter, determined that market and other conditions are now conducive to proceed
with the financing and refinancing of the costs of the Project and the refunding of all or a
portion of the Refunded Bonds with the proceeds of the Series 20] I Bonds.
I. Upon consideration of the documents described herein and the information
presented to the Authority at or prior to the adoption of this Resolution, the Authority has
made and does hereby make the following findings and determinations:
(I) Each of the Project and the Refundcd Bonds Projects consists or
consisted of the financing and the refinancing of the cost of acquisition,
construction, renovation and equipping of certain capital improvements to the
Corporation's health care facilities, said Projcct and Refunded Bonds Projects
either being or to be owned and operated by the Corporation in its business of
providing health care services in the County and the State.
(2) The Corporation has shown that the Project and thc Refunded Bonds
Projects alleviated or will alleviate unemployment in the County by creating
additional jobs in the County and the State, foster or will foster the economic
growth and development and the industrial and business developmcnt of the
County and the State, had or will have thc incidental effect of adding to the tax
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base, and served or will serve other predominantly public purposes as set forth in
the Act. It is desirable and will further the public purposes of the Act, and it will
most effectively serve the purposes of the Act, for the Corporation to (i) finance
and refinance the costs of the Project and (ii) refinance the costs of the Refunded
Bonds Projects through the refunding of all or a portion of the Refunded Bonds,
and for the Authority to issue and sell the Serics 20 II Bonds for the purpose of
providing funds to finance and refinance the costs of the Project and to refinance
the costs of the Refunded Bonds Projects through the refunding of all or a portion
of the Refunded Bonds, all as provided in the Indenture, which contains or shall
contain such provisions as are necessary or convenient to effectuate the purposes
of the Act.
(3) The Project and the Refunded Bonds Projects were or are
appropriate to the needs and circumstances of, and have made or will make a
significant contribution to, the economic growth of the County; have provided or
will provide or preserve gainful employment; and have served or will serve a
public purpose by advancing the economic prospcrity, public education, and the
health and general welfare of the County, the State and its people in accordance
with Section 159.26 of the Act.
(4) Taking into consideration representations made to the Authority by
the Corporation and based on other criteria established by the Act, as of the date
hereof, the Corporation is financially responsible and fully capable and willing (a)
to fulfill its obligations under the Loan Agreement, the Master Indenture, and any
other agreements to be made in connection with the issuance of the Serics 20) I
Bonds and the use of the Series 20 II Bond proceeds for financing and refinancing
the costs of the Project and refinancing the costs of the Refunded Bonds Projects
through the refunding of all or a portion of the Refunded Bonds, including the
obligation to make loan payments or other payments due under the Loan
Agreement or the Master Indenture in an amount sufficient in the aggregate to pay
all of the principal of, purchase price, intercst and redemption premiums, if any,
on the Series 20 II Bonds, in the amounts and at the times required, (b) to operate,
repair and maintain at its own expense the Project and the Refunded Bonds
Projects, and (c) to serve thc purposes of the Act and sueh other responsibilities as
may be imposed under such agrcemcnts.
(5) Based on the represcntations of the Corporation, the County and
other local agencies have been or will be able to cope satisfactorily with the
impact of the Project and thc Refunded Bonds Projects and have been or will be
able to provide, or causc to be provided when needed, the public facilities,
including utilities and public serviccs necessary for the operation, rcpair and
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maintenance of the Project and Refunded Bonds Projccts on account of any
increase in population or other circumstances resulting therefrom.
(6) Adequate provision is made under the Loan Agreemcnt and the
Master Indenture for the operation, rcpair and maintenance of the Project and the
Refunded Bonds Projects at the expense of the Corporation, for the payment of the
principal of, purchase price, premium, if any, and interest on the Series 20 II
Bonds when and as the same become due, and payment by the Corporation of all
other costs in connection with the financing, refinancing, operation, maintenance
and administration of the Project and Refunded Bonds Projects which were not
paid out of the proceeds from the sale of the Refunded Bonds, being paid out of
the proceeds of the Series 2011 Bonds or otherwise.
(7) The costs of the Project being financed and refinanced and the costs
of thc Refunded Bonds Projects being refinanced with the proceeds of the Series
20 II Bonds constitute "costs" of a "project" within the meaning of the Act.
(8) The principal of, premium, if any, and interest on thc Series 2011
Bonds and all other pecuniary obligations of the Authority under the Loan
Agreement, the Indenture, or otherwise, in connection with the financing and
refinancing of the Project and the refinancing of the Refunded Bonds Projects
through the rcfunding of all or a portion of the Rcfunded Bonds, or the issuance of
the Series 20 II Bonds, shall be payable by the Authority solely from (a) the loan
payments and other revenues and proceeds received by the Authority under the
Loan Agreement and thc Master Indenture, (b) the operation, sale, lease or other
disposition of the Project or the Refundcd Bonds Projects, including proceeds
from insurance or condemnation awards and proceeds of any foreclosure or other
realization upon the liens or security interests under the Loan Agreement, the
Indenture or thc Master Indenture, and (c) the proceeds of the Series 20] I Bonds
and income from the temporary investment of the proceeds of the Serics 20 II
Bonds or of such othcr rcvenues and proceeds, as pledged for such payment under
and as provided in the Indenture and the Master Indcnture. Neithcr the faith and
credit nor the taxing power of the Authority, the County, the State or of any
political subdivision or agency thereof is pledged to the payment of the Series
201] Bonds or of such other pecuniary obligations of the Authority, and neither
the Authority, the County, the State nor any political subdivision or agency thereof
shall ever be required or obligated to lcvy ad valorem taxes on any property within
their territorial limits to pay the principal of, purchase price, premium, if any, or
interest on such Series 20 II Bonds or other pecuniary obligations or to pay the
same from any funds thereof other than such revenues, receipts and procceds so
pledged, and the Series 2011 Bonds shall not constitute a licn upon any property
owned by the Authority, the County or the State or any political subdivision or
8
agcncy thereof, other than the Authority's interest in the Loan Agreement and the
property rights, receipts, revenues and proceeds pledged therefor under and as
provided in the Indenture and any other agreements securing the Series 20 II
Bonds. The Authority has no taxing powers.
(9) A negotiated sale of the Scries 20 II Bonds is required and
necessary, and is in the best interest of the Authority, for the following reasons:
the Serics 2011 Bonds will be special and limited obligations of the Authority
payable solely out of revenues and proceeds derived by the Authority pursuant to
the Loan Agreement, and the Corporation will be obligatcd for the payment of all
costs of the Authority in conncction with the financing and refinancing of the
Project and the refinancing of the Refunded Bonds Projects through the refunding
of all or a portion of the Refunded Bonds which are not paid out of the Refunded
Bonds or the Series 20 II Bond proceeds or otherwise; the costs of issuance of the
Series 2011 Bonds, which will be borne directly or indirectly by the Corporation,
could be greater if the Series 20 II Bonds are sold at public sale by competitive
bids than if the Series 20 II Bonds are sold at negotiated salc, and a public sale by
competitive bids would cause undue delay in the financing and refinancing of the
Project and the refinancing of the Refunded Bonds Projects through the refunding
of all or a portion of the Refunded Bonds; private activity revenue bonds having
the characteristics of the Series 2011 Bonds are typically and usually sold at
negotiated sale and/or privately placed; the Corporation has indicated that it may
be unwilling to proceed with the issuance of the Series 2011 Bonds and the
financing and rcfinancing of the Project and the refinancing of the Refunded
Bonds Projects through the refunding of all or a portion of the Refunded Bonds
unless a negotiated sale of the Series 20 II Bonds is authorized by the Authority;
and authorization of a negotiated sale of the Series 20 II Bonds is necessary in
order to serve the purposes of the Act.
(l0) All requirements precedent to the adoption of this Resolution, of the
Constitution and other laws of the State, including thc Act, have been complied
with.
J. The Authority, the Corporation and the Underwriter will negotiate a sale of
the Series 20 II Bonds in accordance with the terms of the Purchase Contract sufficient,
with certain othcr moneys, to finance and refinance the costs of thc Project and to
refinance the costs of the Rcfunded Bonds Projects through the refunding of all or a
portion of the Refunded Bonds pursuant to the provisions hereof and the Purchase
Contract, said Purchase Contract to be executed by and among the Authority, the
Underwriter and the Corporation in accordance with the terms and provisions hcreof.
Upon execution of the Purchase Contract and in accordance with Section 218.385,
f10rida Statutcs, the Underwriter will submit to the Authority a disclosure statement and
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a truth-in-bonding statement dated the date of closing setting forth any fcc, bonus or
gratuity paid in connection with the placement of the Series 20] I Bonds, said disclosure
statement and truth-in-bonding statement to be substantially in the form attached to the
Purchase Contract.
SECTION 4. FINANCING AND REFINANCING OF COSTS OF THE
PROJECT AND REFUNDING OF THE REFUNDED BONDS AUTHORIZED.
The financing and refinancing by the Authority of the costs of the Project and the
refinancing of the costs of the Refunded Bonds Projects through the refunding of the all
or a portion of the Refunded Bonds with the proceeds of the Series 2011 Bonds in the
manner provided herein and in the Indenture is hereby authorized. The components of
the Project to be financed or retinanced and the Refunded Bonds to be refinanced with
the proceeds of the Series 2011 Bonds shall be determined by the Corporation prior to the
issuance of the Series 20 II Bonds. To the extent of any conflicts between this resolution
and the Inducement Resolution or between the Original Notice and the Amended Notice,
the provisions of this resolution and the Amended Notice shall prevail.
SECTION S. AUTHORIZATION AND DESCRIPTION OF THE
SERIES 2011 BONDS. For the purpose of providing for the financing and refinancing of
the costs of the Project and refinancing the Refunded Bonds Projects through the
refunding of all or a portion of the Refunded Bonds, obligations of the Authority to be
known as "Collier County Industrial Development Authority Healthcarc Facilities
Revenue Bonds, Series 2011 (NCH Hcalthcare System Project)" (or such other Series as
the Authority may hereafter designate to distinguish between separate Scries of Series
2011 Bonds, if issued in more than one Serics) are hereby authorized to be issued in an
aggregate principal amount not exceeding ONE HUNDRED TWENTY MILLION AND
00/100 DOLLARS ($120,000,000), in the form and manner described in the Indenture.
The Series 2011 Bonds shall be dated as of the date of their issuance, shall be issued in
the form of fully-registered Serics 2011 Bonds, without coupons, in denominations of
$5,000 or integral multiples thereof (or otherwise as provided in the Indenture), shall bear
interest from their datcd date(s) at the interest rates and shall mature in such amounts and
on such dates set forth in the Indcnture. The Series 20 II Bonds may be issued in more
than one Scries and at separate times pursuant to separate Indentures as determined by the
Corporation.
SECTION 6. OPTIONAL AND EXTRAORDINARY REDEMPTION.
The Serics 20] I Bonds are subject to optional, mandatory sinking fund and extraordinary
redemption in the manner, to thc extent, in the amounts and at the times sct forth in the
Indcnture.
SECTION 7. DELEGATED NEGOTIATED SALE OF THE SERIES
2011 BONDS. A delegated negotiated sale of the Scries 201] Bonds to the Underwriter
10
in accordance with the terms hereof and of the Purchase Contract is hereby in all respects
authorized subject to the following requirements: (A) receipt by the Authority of a
written offer to purchase the Series 2011 Bonds by the Underwriter substantially in the
form of the Purchase Contract (separatc Purchase Contracts in the event that the
Corporation determines it is in its best interest to issuc multiple Series on different dates
for different purposes), said offer to provide for, among other things: (i) the issuance of
not exceeding $120,000,000 initial aggregate principal amount of Series 2011 Bonds, (ii)
an underwriting fce not in excess of $ , (iii) the Bonds shall bear interest as
provided in the Indenture in no event to exceed _% per annum, and (iv) the Bonds
shall mature on such dates and in such amounts as provided in the Indenture with the
final maturity no later than October 1,2032; (B) in accordance with Section 218.385,
Florida Statutes, the Underwriter must submit to the Authority a disclosure statement or
statements and truth-in-bonding statement or statements setting forth the information
required by said Section 218.385, Florida Statutes, said statements to be attached to the
Purchase Contract and incorporated herein by reference and (C) one or more ratings from
a national rating agency or agencies rating the long-term claims paying ability of the
Corporation with respect to thc Series 2011 Bonds at least "BBB" (or equivalent rating)
or higher.
SECTION 8. APPOINTMENT OF TRUSTEE. U.S. Bank National
Association, Miami, Florida, is hereby appointed and approved to act as the Trustee
under and pursuant to the Indcnture to assume the duties and responsibilities established
therefor in said Indenture.
SECTION 9. AUTHORIZATION OF EXECUTION AND DELIVERY
OF THE LOAN AGREEMENT. The Loan Agreement, substantially in the form
attached hereto as Exhibit B with such corrections, inscrtions and deletions as may be
approved by thc Chairman or Vice Chairman and Secretary of the Authority, such
approval to be evidenced conclusively by their execution thereof, is hereby approved and
authorized; the Authority hereby authorizes and directs the Chairman or Vice Chairman
of the Authority to date and cxecute and the Secretary of the Authority to attest, under the
official seal of the Authority, thc Loan Agreement, and to deliver the Loan Agreement to
the Corporation; and all of the provisions of the Loan Agrcement, when exccuted and
delivered by the Authority as authorized herein and by the Corporation, shall be deemed
to be a part of this Resolution as fully and to the same extcnt as if incorporated verbatim
hercin. In the cvent the Series 20 II Bonds are issued in separatc Series on different
dates, thc Authority and the Corporation may cnter into separate Loan Agreements for
each such Series.
SECTION 10. AUTHORIZATION OF EXECUTION AND DELIVERY
OF THE INDENTURE. The Indenture, substantially in the form attached hereto as
Exhibit C with such changes, corrections, insertions and deletions as may be approved by
11
the Chairman or Vice Chairman and Secretary of the Authority, such approval to be
evidenced conclusively by their execution thereof, is hereby approved and authorized; the
Authority hereby authorizes and directs the Chairman or Vice Chairman of the Authority
to date and exccute and the Secretary of the Authority to attest, under the official seal of
the Authority, the Indenture, and deliver the Indenture to the Trustee; and all of the
provisions of the Indenture, when executed and delivered by the Authority as authorized
herein, and by the Trustee, shall be deemed to be a part of this Resolution as fully and to
the same extcnt as if incorporated verbatim herein. In the evcnt the Series 2011 Bonds
are issued in separate Series on different dates, the Authority and the Trustee may enter
into separate Indentures for each such Serics.
SECTION 11. AUTHORIZATION OF EXECUTION AND DELIVERY
OF THE PURCHASE CONTRACT. In order to provide for the sale of the Series 2011
Bonds to the Underwriter, the Authority shall enter into the Purchase Contract with the
Underwriter and the Corporation. The Purchase Contract shall bc dated the date of sale
of the Series 2011 Bonds (or, in the event of multiple Series and multiple Purchasc
Contracts related thereto, the date of sale of each of such Series) and shall be
substantially in the form attached hereto as Exhibit A, with such changes, corrections,
insertions, and deletions to reflect the final terms and provisions of the Series 2011 Bonds
as may be approved by the Chairman or Vice-Chairman of the Authority, such approval
to bc evidenced conclusively by their exccution thereof, is hereby approved and
authorized. Subject to the provisions of Section 7 hereof, the Chairman or Vice-
Chairman of the Authority is hereby authorized to date and execute and the Secretary or
Assistant Secretary of the Authority is hereby authorized to attest, under the official seal
of the Authority, the Purchase Contract and to deliver the Purchase Contract to the
Underwriter and the Corporation, when finalized. All of the provisions of the Purchase
Contract, when executed and delivered by the Authority as authorizcd herein, and by the
Corporation, shall be deemed to be a part hercof as fully and to the same extent as if set
forth verbatim herein and therein. In thc event the Series 20 II Bonds are issued in
scparate Series on different dates, the Authority, the Underwriter and the Corporation
may enter into separatc Purchase Contracts for each such Series.
SECTION 12. PRELIMINARY OFFICIAL STATEMENT AND
OFFICIAL STATEMENT. The form, terms and provisions of the Official Statement
relating to the Series 20] 1 Bonds to be substantially in the form of the Preliminary
Official Statement attached hercto as Exhibit D, with any changes, insertions and
amcndments which are nccessary to reflect the terms of the Series 2011 Bonds set forth
herein and in the Indcnture, is hercby approved as to form, terms and substance. The
information contained therein is hercby authorized to be us cd in connection with the
marketing and sale of the Series 2011 Bonds and the distribution of the Prcliminary
Official Statement and thc Official Statemcnt in connection with thc marketing and sale
of the Series 2011 Bonds is hereby approved. Although the Authority consents to and
approves the preparation and distribution of thc Preliminary Official Statement and the
12
Official Statement, the Authority has not participated in its preparation and makes no
representations as to its accuracy or completeness other than in respect to the information
contained therein related to the Authority under the captions ["THE ISSUER" or
"LITIGATION - The Issuer."]
SECTION 13. COMPLIANCE WITH CHAPTER 189, FLORIDA
STATUTES. Prior to issuance of the Series 20 II Bonds, documentation shall be
provided to the Chairman or Vice Chairman of the Authority evidencing compliance with
Section 189.4085, Florida Statutes, in accordance with the terms and provisions of the
Indenture.
SECTION 14. AUTHORIZATION OF EXECUTION OF TAX
AGREEMENT, OTHER CERTIFICATES AND OTHER INSTRUMENTS. Thc
Chairman or Vice Chairman and the Secretary of the Authority are hereby authorized and
directed, either alone or jointly, under the official seal of the Authority, to execute and
deliver certificates of the Authority certifying such facts as the Authority's Counselor
Bond Counsel shall requirc in connection with the issuance, sale and delivcry of the
Serics 20 I] Bonds and the refunding of the Refunded Bonds, and to execute and deliver
such other instruments, including but not limited to, a Tax Agreement relating to certain
requirements set forth in Section 148 of the Code, and such other assignments, bills of
sale, financing statcments and cscrow agreements, as shall bc necessary or desirable to
perform the Authority's obligations, or assist in the performance of the Corporation's
obligations, under the Indenture, the Loan Agreement, thc Purchase Contract, the Master
Indenture and the Tax Agreement and to consummate all of the transactions hereby and
thereby authorized.
SECTION 15. NO PERSONAL LIABILITY. No representation, statement,
covenant, warranty, stipulation, obligation or agreement herein contained, or contained in
the Series 20 II Bonds, the Indenture, the Loan Agrcement, the Purchase Contract, the
Master Indenture, the Tax Agreement, or any certificate or other instrument to be
executed on behalf of the Authority in connection with the issuance of the Series 20 II
Bonds, shall be deemed to be a representation, statement, covenant, warranty, stipulation,
obligation or agrcement of any member, officer, cmployce or agent of the Authority in
his or her individual capacity, and none of the foregoing persons nor any member or
officer of the Authority executing the Series 2011 Bonds, the Indcnture, the Loan
Agreement, thc Purchase Contract, the Tax Agreement, or any certificate or other
instrument to be executed in connection with the issuance of the Scries 20 II Bonds shall
be liable personally thereon or be subjcct to any pcrsonalliability of or accountability by
reason of the cxccution or delivery thereof.
SECTION 16. NO THIRD PARTY BENEFICIARIES. Except as
otherwisc expressly provided herein or in the Series 2011 Bonds, the Indenture, the Loan
Agreement, the Purchase Contract, the Master Indenture or the Tax Agreement, nothing
13
in this Resolution, or in the Series 20 II Bonds, the Indenture, the Loan Agreemcnt, the
Purchase Contract, the Master Indenture or the Tax Agreement, express or implied, is
intended or shall be construed to confer upon any person, firm, corporation or other
organization, other than the Authority, the Corporation, the Master Trustee, the
Underwriter and any other owners from time to time of the Series 20 II Bonds any right,
remedy or claim, legal or equitable, under and by reason of this Resolution or any
provision hcreof, or of the Series 20 II Bonds, the Indenture, the Loan Agreement, the
Purchase Contract, the Master Indenture or the Tax Agreement, all provisions hereof and
thereof being intended to be and being for the sole and exclusive benefit of the Authority,
the Corporation, the Mastcr Trustee, the Underwriter and any other owncrs from time to
time of the Series 201] Bonds.
SECTION 17. PREREQUISITES PERFORMED. All acts, conditions and
things relating to the passage of this Resolution, to the issuance, sale and delivery of the
Series 20 II Bonds, to the execution and delivery of the Indenture, the Loan Agreement,
the Purchase Contract, the Tax Agreement and the other documents referred to herein or
authorized hereby required by the Constitution or other laws of the State, to happen, exist
and be performed precedent to the passage hereof, and precedent to the issuance, sale and
delivery of the Serics 2011 Bonds, to the execution and delivery of the Indenture, the
Loan Agreement, the Purchase Contract and the Tax Agreement, have either happened,
exist and have bccn performed as so required or will havc happened, will exist and will
have been performed prior to such cxecution and delivery thereof.
SECTION 18. COMPLIANCE WITH CHAPTER 218, PART III,
FLORIDA STATUTES. The Authority hercby approves and authorizes the completion,
execution and filing with the Division of Bond Finance, Departmcnt of General Services
of thc State of Florida, at the expense of the Corporation, of advance notice of the sale of
the Series 2011 Bonds and of Bond Information Form BF 2003, and any other acts as
may be necessary to comply with Chapter 218, Part III, Florida Statutes and any other
applicable laws.
SECTION 19. GENERAL AUTHORITY. The officers, attorneys,
engineers or other agents or employees of the Authority are hereby authorized to do all
acts and things required of them by this Rcsolution, the Series 20 II Bonds, the Indenture,
the Loan Agreement, the Purchase Contract, the Master Indcnture and the Tax
Agreement, and to do all acts and things which are desirable and consistent with the
requirements hcreof or of the Series 20 II Bonds, the Indcnture, the I,oan Agreement, the
Purchase Contract, the Master Indenture and the Tax Agreement, for the full, punctual
and complete performance of all the tcrms, covcnants and agreements contained herein
and in the Series 201] Bonds, the Indenture, thc Loan Agreement, the Purchase Contract,
the Master Indenture and the Tax Agrcement or in connection with the refunding of the
Refunded Bonds.
14
SECTION 20. THIS RESOLUTION CONSTITUTES A CONTRACT.
The Authority covenants and agrees that this Resolution shall constitute a contract
between the Authority, the Underwriter and any other owncrs from time to time of the
Series 20 II Bonds then outstanding and that all covenants and agreements set forth
herein and in the Series 20 II Bonds, the Indcnture, the Loan Agreement, the Purchase
Contract, the Master Indenture and the Tax Agreement, to be performed by the Authority
shall be for the equal and ratable benefit and security of the Underwriter and any othcr
owners of outstanding Series 2011 Bonds, without privilege, priority or distinction as to
lien or otherwise of any of the Scries 20 II Bonds over any other of the Serics 20 II
Bonds.
SECTION 21. LIMITED OBLIGATION. THE ISSUANCE OF THE
SERIES 2011 BONDS SHALL NOT DIRECTLY OR INDIRECTLY OR
CONTINGENTLY OBLIGATE THE AUTHORITY, THE COUNTY, THE STATE
NOR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF TO LEVY OR TO
PLEDGE ANY FORM OF TAXATION WHATEVER, OR TO LEVY AD VALOREM
TAXES ON ANY PROPERTY WITHIN THEIR TERRITORIAL LIMITS TO PAY
THE PRINCIPAL OF, PURCHASE PRICE, PREMIUM, IF ANY, OR INTEREST ON
SUCH SERIES 2011 BONDS OR OTHER PECUNIARY OBLIGATIONS OR TO PAY
THE SAME FROM ANY FUNDS THEREOF OTHER THAN SUCH REVENUES,
RECEIPTS AND PROCEEDS SO PLEDGED, AND THE SERIES 2011 BONDS
SHALL NOT CONSTITUTE A LIEN UPON ANY PROPERTY OWNED BY THE
AUTHORITY, THE COUNTY OR THE STATE OR ANY POLITICAL SUBDIVISION
OR AGENCY THEREOF, OTHER THAN THE AUTHORITY'S INTEREST IN THE
LOAN AGREEMENT AND THE PROPERTY RIGHTS, RECEIPTS, REVENUES
AND PROCEEDS PLEDGED THEREFOR UNDER AND AS PROVIDED IN THE
INDENTURE, THE MASTER INDENTURE AND ANY OTHER AGREEMENTS
SECURING THE SERIES 2011 BONDS. THE AUTHORITY HAS NO TAXING
POWERS.
SECTION 22. SEVERABILITY OF INVALID PROVISIONS. If anyone
or more of the covenants, agrecments or provisions herein contained shall be held
contrary to any express provisions of law or contrary to the policy of express law, though
not expressly prohibited, or against public policy, or shall for any reason whatsoever be
held invalid, then such covenants, agreements or provisions shall be null and void and
shall be deemed separable from the rcmaining covenants, agreements or provisions, and
shall in no way affect the validity of any of the other provisions hereof or of the Scries
20 II Bonds issued under the Indenture.
SECTION 23. REPEALING CLAUSE. All resolutions or parts thereof in
conflict with the provisions herein contained are, to the extent of such conflict, hereby
superscded and repealed.
15
SECTION 24. EFFECTIVE DATE, This Resolution shall take effect
immediately upon its adoption.
PASSED AND ADOPTED this 24th day of January, 20 II.
COLLIER COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY
(SEAL)
ATTEST:
Isl Alice J. Carlson
Chairman
Thad D. Kirkpatrick
Secretary
16
Naples Daily News
Naples, FL 34110
Affidavit of publication
Naples Daily News
--------------------------------------------------+------------------------
;i~~W~~~AM~o~~tD NP #~02 _"-c.",,,L. 0,". .co....,,,...",';'o...,.,;,;;,;,i."'"<<'..;
NAPLES FL 34103 "'11, ~:'; .~'of5Pt<,,""."'....dP.b1k~""" ,', ;
. .'., ~.."~;;;.(.;;;iW;:...::~;i:,:r:~O:::~~.tD"~,;;.m."'ho<lty
(the .AuthOrttY,}.Wltl'.~~.'sptdll meetlng-.nd publlc'''urlng'on,J.nulr'/ 24,
2011_e:8:Mi:lil;:-!IIt1h(~~rtn~.room Itthl'~offlct of.the Economk l>eYelop-
_t \<!.""".(loIII"'~\In\Y".'050.""", HO_I\I.'...., UO. ...''',
.;,.;~klr\dL:,~ #J\P..u r, !of;;r".IVlilg IN... blk Comri'Ietl. ts,~':he.rlng_dIKulllon
:;"corict . '\1C:I.loiit,'OI'.mort'Hntl.oftk.:Ai.It.hQfltY:f,pr:1v1t1 I~lvlty reyl
'.' .In' , !I'l,t.~. ~~prlndoat~.mOunt..not'to ,'.c(eU' $150,000,000"\'".'
.1f1'1~::ot'rUklng;~:tcrflllP.lIs;C9infn!.Inlty.lt~pItIl Int. ttle
.C ,ii~lkitlJi~.~~; r.;IO",~ ~''P.roflt;.-th'lbhi membtlOl'whlth II
NQt.H..~,.~ 1, J'~5vs1.m.j"."fOt.:th'-pu~ of (1) fln..dllQ or re-
ImbYrSlt\;,tl\e'COrporoi,'NOiMD Int, '(~HOnAD.), . ,Florid. corporlltlon I\Ot
fKprDflf,;'"thuGlt I'ntmDtIiOhVhJctrrIa 1M S~"" 'tOl.thti;COlt of: .<<iul'ltlon 01
th".Cllpltil .nn ot YlrlOUfiph~lcAt"'nd med\ttl r.,.ctkH,'hetetofo~,atqUlrtd by
th"'C' Mlon or NCHMD .ni:! :kKattd .t aseo slrr. M..dows 111id.,. N.plel, Fl
3n'~ Rct. N .Ni ., fL3410 1&.4' Vlwr.ns p.rk'or~:=", FL
Before the undersigned authority 1 persona. ~~r...,:FL M10l, ~;' oOdltn, ,it;, N.P~,.i]4"03;~13'il~I~I'Tr:R~~:'
appeared Kim pokarney who on oath says tha .,p'!,<".~1.q,,'7.50'''''., '....1""...... "141"~"" ""-. "..N.~... Ft
, 3.4'O$";:800,;.G~I"~t ; Rd,i.. ~'P"'- FL1410Z. 4310,. ,ml.ml tr,~ll E., Naples, Fl
serves as the Account ing Manager of the Na .'411~,,'''S.f,. .mlTrol'.. ..p., " ,,'''.lO'''''''''' .."........" "'09,
.... 1 ' 801'jV."dtrb~ 'l'act; Rd. N.~It"'L 3.4108. &01 ArKhor Itod. Or.. N.pl... FL 34103.
. 1 N d '1 bl' h d t -680;2nd '~ve.. -,N.pl'~"fL', 10l;':J11 !HhlSt N;;'.N.p1......ft !41D2 60fi 9th St, N"
Da:c yewS, a a:c y newspaper pu :cS e a ..."'- lL."lOr '''Sl.P''"' W'.,jo.C".. ,o,'to Sp"'or." ""I '"' 'In,""",
. C 11' C Fl' d d' t . b t d' or.relrnblmlng'tht CofpO~. NQlMD or thI,S~t'n1'for.lh. COlt Of,.(qul,ltlon,
In 0 ~er ounty, orl a: 18 rl u e In ,constructtorr.'..nd",qUIPP\/'IaOf-c.r1e!n'hllltncar.;f.tUltll.. Including. wIthout limit.
d L t' f Fl . d th t th tt ,.tlon. p.u'"t~r.liomson-tfM sth..nd,'6th floor Ind om.dullltlll r.n~atlon' .nd
an ee coun lea 0 orl a i a e a ac: equl~.nt~uw.dH.-I" the North Napll' pltleA\: tower \outld.t 11190 H..lth.
f d .' bl' h d' 'd p.lrt:elvd";:N,D1tf,,FL;34.1,10;,thINIlPI,IHHJtIJl5t1tut..ndOtherfl<llItletr.no.....
copy 0 a vertlslng was pu 1S e In sal ._1 ~. ,..rDtfl.m:,ypgf~'dfl. "th. N.pIIlCO,rt1munlty Hosplt.l Dowl'ltown c..m.
d 1 ' d .P\dj,j~ . ,,~"$O,;7~ll'.~t";N,i'N'P_)FL:,14'10 .nd,the acquhltlon of the MlIdkBI
newspaper on ates lste ....Nq;.,'Bulllii ::,Io(It~'.I"1l.'11!l..~VI:tN,,~N'PI'I,.,F~'J.4102 (collectIVllY. th, ~Pro.
Affiant further says that the said Naple.':~;~,9/(J::~r~''l:J:I::t'''...'Qt:~::-=~~;l:l~,~~.~~;~\:~~,'
, l' d l' "rial l'U'(b),'OtY':of'N.p1... flOfld.:m.oItIl.ItI....fll".Boridl./N.plnCo mmunlty
News 18 a newspaper pub lshe at Nap es r If' HospltlL~I~,.'Proltct).S."" 1991, (tr'(o111a,.:ColIntv Indu"rl. ',DevelOP. mint Au'
1. . d d h h . d thorItY,HeilthmJ'fldlltltl ~enu. ~~tI.(N.pI",(:ommunlty.,HOIpIt'l.-'lnc. Proj.
Col l.er County, Flor~ a, an t at t e sa~ .';..~i;~s.rl.., 2OOo1'~.nd (dv.:<:OI.U,r COfolntV:. "lnduWl.l 'o,v.Io.pmeot Authority Health
. 1 .,,~:CIf..F.dIItIK,RevlnlJll Ibrids'(NCH H..lthcJr.Syd.m, 'Inc. Obllo1ted'Group). SI-
newspaper has heretofore been cont~nuous Y -:';rilt'OO2;(3)f\ltl~lng ,.:'jiebtservlt,'r'-"M W~j,lf'M1Cfi$lty; .nd,(4)P'ylfllJ ,.r.
: ,,,~.ln'llIPlnW:,~cu,,.d In';CO('lfl.ct!onwIJh'UlIduuanctof.thl Bondl.ThI Projectl
day and has been entered as second class ma;;.;~wIJlIa.owned'ndOplr.ttd'bYthe., corpo. r..don,NCHMD.ndlor.thISyJ1:.m.
" ' :.,:' 'TIW londl will be payMl'-' sohily, from the "r''I.nuH'd.rlved by th.' Autho~lty
matter at the post offJ.ce l.n Naples, l.n SaFfrom,loa.n.9rMtTl.~li,ndothllrflMnClng,dOCU,.,.nU\)e,tw.en.,thtAuttlOrltyand
. . " the CorpOl".t1d}}:'l'4tlther the Bonds .,or,.m.. Int.reJt,th.r.on shell b..n, Ind.bted-
Colller County, FlorJ.da, for a perlod of l:.'n.p.iof.or.-~ag..ot.th..tlXln.g.PC!Wlr.;fOt'.ntodlt:r,rl\l.nut(of-coI1I.rCounty,
. . .' ",.:.thlS .tI,6fFt9l'~or.ny,)XiIttk'ltLlb4rv1SlonO(lgtncy,ther,tOt.: , '
next precedJ.ng the f lrst publlcat l.on of the.:.:,.!:,' '\Copl"',ofA~t:.ppllcttlct!t'for fln.ndno'__.,tv.u.b1t. for-Inlpectlon .nct copying
. ' ~:'~It.lht;offlct~. AUt*otnY;..t forth,bilow; ,,Alllntltlrttd"ptrsons .r.lnvlted to
attached copy of advert~sementi and afflant:IUbmlt'Wrlrt.rt.'tOl'tomrntn jO,..t1.nclthalt\..rlnll<..I~rp.r1On.llyor1hrOughthelr
. ,:,,~pr...ntl1lve..~ will' t'OlYtn.n opportunlty.to.l!lPr.uthelr vllWl conternit1g
further says that he has neither pa~d nor.'~,~1h., PfO:ltct.O"~~lfln.rid"II~\>Anyonlldftlrln" tom.kt.wrluen comm.nt\ In .d.
, . v.nc.ofth.htlong,mIVMnchuchcomm.nUto: ,J
Promised any person, firm or corporatlon ar CoIntr~lnduWIalOellelopment'Auth,orlty,.
r.Jo Economl(,QlvtIOfln:!.nt council' , ' " I
discount 1 rebate I commission or refund for .::\,~!~!~~~o.~~rw~I?-t~',:SU.lt~120 " ". '
Purpose of securing this advertisement for ;'''"sHbuLD'AN-Y'''PfRSOtol-DECIDI,TO:-*,PPEAL ANY DECISION MADE BY THE AU.
,TH0fI1TV'WITtt RI!S(I(c;r .'1:0 ANY MATTER CONSIDERED AT SUCH HEA.RING. suCtt
publication in the said newspaper PERSOH WlLLNEED"ARECORD Of. THE PROCEEDINGS AND1..FORTHAT PUIIPOSE,
. SUCH PER~~Y ~e ED :TQ' ENSURE. THAT A Vf,ftIAT1M KECOR.D_DfdTHE Pita.
'C!EDING"" I, ,'WHICH .RECORD IN~LUDIS THi.fESTIMON't AND EVIDENCE
u~rn ~~~;",:'-*':t~~~V2"";rl~~~h~Di~bll;tllS VA""c{'PJrson, n.~dl~g -~ IpI-
dll'.ccommodatlon to..~Ic!~t..1n- this h.wln9 lhould'col\tIC.t Don.ld A. PIck.
't:a~ ~n!!~ ~ounl~W~'f39):26~~: ~'I~t... tH.n,:"".n'(7J.-d.)'J prior 10 the
,~~t: no~~11 glve"~j:lu,.u.nt to.j:actlon-'147(f) 01 the Intlrn.1 ~.v.rtuICod.. .1
Imlndld. ano'.l1lnt.ndld"lo .1Jl.ni:l th. notltl orlglnlllypubtlshld 11'1 the N.pll$
Q,IIyN.wson~~""'1'bIf1;2010.'."'" ......
:' . .~' ," CO~UE"COVNTY INO\JSTR1.\l; DEVElOI!~E~ AUTHORITY
'~\.'_, );' ;', lsIOoii.ldA."lckworth
I. l -. 'AulltlntSICf.tll'/.nd.Gen.r.ICounlll
REFERENCE:
010784
59639763
DONALD A. PICKWORTH
COLLIER COUNTY INDUS
State of
Counties
Florida
of Collier
and Lee
PUBLISHED ON:
01/10
AD SPACE:
FILED ON:
120 LINE J.riu.ry 10. 2011
01/10/11 I
~~~~~:~~:-~~-~~~~~~:---~~---------------+------------------------
Sworn to and Subscribed before me this \~\~ day of ~o."',^",v"-\ 2011.
\
NolSB3627
personally known by me
KAROL e KANGAS
EXHIBIT E TO
AUTHORITY RESOLUTION