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05-13-2020 Council Packet
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05-13-2020 Council Packet
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35 <br />assisted living communities; and requirements for training employees in the proper handling and <br />management of hazardous materials and wastes. Nursing and assisted living communities may be subject <br />to liability for failure to investigate and remedy any hazardous substances that have come to be located on <br />the property, including any such substances that may have migrated off of the property. Typical nursing <br />and assisted living community operations include, in various combinations, the handling, use, storage, <br />transportation, disposal and discharge of biological waste, including hazardous, infectious, toxic, <br />radioactive, flammable and other hazardous materials, wastes, pollutants or contaminants. For this <br />reason, nursing and assisted living community operations are particularly susceptible to the practical, <br />financial and legal risks associated with compliance with such laws and regulations. Such risks may <br />result in damage to individuals, property or the environment; may interrupt operations or increase their <br />cost, or both; may result in legal liability, damages, injunctions or fines; or may trigger investigations, <br />administrative proceedings, penalties or other government agency actions. There can be no assurance that <br />the Borrower encounter such risks in the future, and such risks may result in material adverse <br />consequences to the operations or financial condition of the Borrower. <br />Other Possible Risk Factors <br />The occurrence of any of the following events, or other unanticipated events, could adversely <br />affect the operations of the Borrower: <br />1.Inability to control increases in operating costs, including salaries, wages and fringe <br />benefits, supplies and other expenses, given an inability to obtain corresponding increases in revenues <br />from residents whose incomes will largely be fixed; <br />2.Unionization, employee strikes and other adverse labor actions which could result in a <br />substantial increase in expenditures without a corresponding increase in revenues; <br />3.Adoption of other federal, state or local legislation or regulations having an adverse effect <br />on the future operating or financial performance of the Borrower; <br />4.The cost and availability of energy; <br />5.Inflation or other adverse economic conditions; <br />6.Changes in tax, pension, social security or other laws and regulations affecting the <br />provisions of health care and other services to the elderly; or <br />7.The occurrence of natural disasters, including, but not limited to, hurricanes, floods or <br />earthquakes, or failures of storm water detention devices during such naturally occurring events, which <br />may damage the Project, interrupt utility service to the Project, or otherwise impair the operation and <br />generation of revenues from said Project. <br />Summary <br />The foregoing is intended only as a summary of certain risk factors attendant to an investment in <br />the Series 2020 Bonds. In order for potential investors to identify risk factors and make an informed <br />decision, potential investors should be thoroughly familiar with this entire Official Statement and the <br />appendices hereto.
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