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RESOLUTION NO. 97- 27 <br /> A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA <br /> AUTHORIZING THE ISSUANCE OF ITS UP TO $6,025,000 <br /> INDIAN RIVER COUNTY, FLORIDA, INDUSTRIAL <br /> DEVELOPMENT REVENUE BONDS (XL REALTY, CORP. <br /> PROJECT),SERIES 1997A, 1997B AND 1997C,TO FINANCE <br /> A MANUFACTURING FACILITY TO BE OWNED AND <br /> OPERATED BY XL REALTY, CORP.; APPROVING THE FORM <br /> OF AND AUTHORIZING THE EXECUTION OF A LOAN <br /> AGREEMENT; AWARDING THE SALE OF THE BONDS BY A <br /> NEGOTIATED SALE; AUTHORIZING THE ASSIGNMENT OF <br /> THE LOAN AGREEMENT AND RELATED DOCUMENTS TO <br /> THE PURCHASER OF THE BONDS AS AGENT FOR THE <br /> COUNTY;APPROVING AND APPOINTING A REGISTRAR FOR <br /> THE BONDS; AUTHORIZING CERTAIN OFFICIALS AND <br /> EMPLOYEES OF THE INDIAN RIVER COUNTY BOARD OF <br /> COUNTY COMMISSIONERS TO TAKE ALL ACTIONS <br /> REQUIRED IN CONNECTION WITH THE ISSUANCE OF THE <br /> BONDS; AND MAKING CERTAIN OTHER COVENANTS AND <br /> AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF <br /> THE BONDS AND PROVIDING AN EFFECTIVE DATE. <br /> RECITALS: <br /> A. Indian River County, Florida (the "Issuer") by and through its Board of <br /> County Commissioners, the elected legislative body (the "Board"), is authorized and <br /> empowered by the provisions of the Florida Industrial Development Financing Act, <br /> being Chapter 159, Parts II, III, VI and VII, Florida Statutes (the "Act"), to issue its <br /> $6,025,000 Industrial Development Revenue Bonds(XL Realty, Corp. Project), Series <br /> 1997A, 1997B and 1997C (the "Bonds"), for the purposes of providing funds to <br /> finance all or any part of the cost of any "project" as defined in the Act and to loan <br /> the proceeds from the sale of the Bonds to others to finance the cost of the <br /> acquisition, equipping and construction of projects; <br /> B. The proceeds of the Bonds will be used to (i) pay all or any part of the <br /> cost of issuance of the Bonds; (ii) pay all or any part of the cost of acquiring, <br /> constructing,erecting and improving a 62,000 square foot manufacturing facility(and <br /> directly related office and support facilities)used to manufacture imaging systems(the <br /> "Project"); and (iii) to pay any other cost permitted by applicable law; <br /> C. The Borrower is eligible to participate in financing the cost of acquiring <br /> land and purchasing or constructing a building and purchasing equipment which <br /> constitutes the Project, as provided and permitted by the Act; <br />