Resolution 003-1999
INDUSTRIAL DEVELOPMENT AUTHORITY
003-1999
A RESOLUTION BY THE MONROE COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY APPOINTING A SECRETARY:x
OF THE AUTHORITY SOLELY FOR THE PURPOSE O~ ~
EXECUTING AND ATTESTING VARIOUS AGREEMENTS~p~
DOCUMENTS AND INSTRUMENTS REQUIRED TO B~?''::
DELIVERED BY THE AUTHORITY IN CONNECTION WITJg~.
THE ISSUANCE BY THE AUTHORITY OF ITS INDUSTRI~?J~
DEVELOPMENT REVENUE BONDS, SERIES 1999A (KE~g~
WEST BREWERY, INC. PROJECT) AND TAXABL~ ~
INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES
1999B (KEY WEST BREWERY, INC. PROJECT); CONFIRMING
THE CHAIRMAN AND VICE-CHAIRMAN OF THE
AUTHORITY; AND PROVIDING AN EFFECTIVE DATE.
U) ..."
\D --
211 r-
;g r'I1
0
, . .."
\0 0
~
:a:. :0
:z
- ,."
0 C")
.. 0
-. ~
C) 0
WHEREAS, on December 9, 1998, following a public hearing, the Board of County
Commissioners of Monroe County, Florida, in its capacity as the governing body of the Monroe
County Industrial Development Authority (the "Authority"), adopted Resolution 522-1998 and
granted its preliminary approval of the issuance of the its Industrial Development Revenue Bonds,
Series 1999 A (Key West Brewery, Inc. Project) and Taxable Industrial Development Revenue Bonds,
Series 1999B (Key West Brewery, Inc. Project) (collectively, the "Bonds");
WHEREAS, on March 10, 1999, the Board, in its capacity as the governing body of the
Authority, adopted a resolution (the "Bond Resolution"), authorizing the issuance of the Bonds;
WHEREAS, in order to issue and deliver the Bonds, it is necessary that the Chairman of the
Authority execute and deliver the Bonds and various other agreements, documents and instruments
related thereto (collectively, the ItBond Documentslt), all of which were authorized and approved
pursuant to the Bond Resolution and it is further necessary that the signature of the Chairman be
attested by a duly authorized representative of the Authority;
WHEREAS, Section 159.45, Florida Statutes, requires the Authority to annually elect a
Chairman and Vice-Chairman and allows the Authority to appoint a Secretary to the Authority;
WHEREAS, it is necessary and desirable to appoint a Secretary for the sole purpose of
executing and attesting the Bond Documents and to confirm the Chairman and the Vice-Chairman
of the governing body of the Authority;
NOW, THEREFORE, BE IT DETERMINED AND RESOLVED BY THE MONROE
COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, THAT:
SECTION 1. AUTHORITY FOR TillS 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 meanings specified 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.
SECTION 3. APPOINTMENT OF SECRETARY. Commissioner George
Neugent is hereby appointed Secretary of the governing body of the Authority solely for the purpose
of executing and attesting the Bond Documents. The Secretary is hereby authorized and directed to
execute and attest all Bond Documents required or necessary for the issuance of the Bonds, including
the Inducement Resolution and the Bond Resolution. The Secretary is further authorized and
directed to cause the official seal of the Authority to be affixed to any Bond Documents requiring
such seal, which seal for purposes hereof shall be the seal of Monroe County, Florida. The Secretary
shall be deemed to be the "Clerk" as such term is used in the Bond Resolution and shall be authorized
and directed to take such action as is delegated to the "Clerk" pursuant thereto.
SECTION 4. CONFIRMA TION OF CHAIRMAN AND VICE-CHAIRMAN.
It is hereby confirmed that Shirley Freeman and Mary Kay Reich shall serve as Chairman and Vice-
Chairman, respectively, of the Authority until their successors are appointed by the governing body
of the Authority. In the Chairman's absence or unavailability, the Vice-Chairman may act in her place
and perform all duties or actions required under the Bond Documents or the Inducement Resolution
or the Bond Resolution.
SECTION 5. SEVERABILITY OFINV ALID PROVISIONS. Ifanyone or more
of the covenants, agreements 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 remaining covenants,
agreements or provisions, and shall in no way affect the validity of any of the other provisions hereof
SECTION 6. REPEALING CLAUSE. All resolutions or parts thereofin conflict
with the provisions herein contained are, to the extent of such conflict, hereby superseded and
repealed.
2
SECTION 7.
upon its adoption.
EFFECTIVE DATE. This Resolution shall take effect immediately
ADOPTED this 24th day of March, 1999.
MONROE COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY, MONROE
COUNTY, FLORIDA
ATTEST:
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY: