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RESOLUTION AMENDING RESOLUTION NO. R-383-10 RELATING TO ALLOCATION FROM BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM PROJECT NO. 305 � �PRIMARY HEALTH CARE FACILITIES� TO BORINQUEN HEALTH CARE CENTER, INC. FOR ITS MAIN CLINIC SITE; WAIVING BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM�S ADMINISTRATIVE RULES FOR PURPOSE OF DISBURSING BOND FUNDS AS LOCAL GOVERNMENT MATCH; APPROVING TERMS OF AND AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE ESCROW DEPOSIT AGREEMENT AND FUNDING AGREEMENT, AND UPON SATISFACTION OF CONDITIONS PRECEDENT, A LETTER AGREEMENT; AND AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL CANCELLATION AND TERMINATION PROVISIONS CONTAINED THEREIN AND DO ALL THINGS NECESSARY TO EFFECTUATE THE FOREGOING

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WHEREAS, pursuant to Resolution No. R-916-04 (the �Healthcare Facility Resolution�), the voters approved the issuance of general obligation bonds in a principal amount not to exceed $171,281,000 to construct and improve, among other things, emergency healthcare facilities to promote accessibility to quality healthcare services; and
WHEREAS, Appendix A to the Healthcare Facility Resolution lists projects eligible for funding from the Building Better Communities General Obligation Bond Program (the �BBC Program�) by project number, municipal project location, BCC district, project name, project description, street address and project funding allocation; and


WHEREAS, one of the projects listed in Appendix A to the Healthcare Facility Resolution and approved by the voters for funding is Project No. 305 � �Primary Health Care Facilities� (�GOB Project No. 305�) with an original allocation equal to $25 million and a project description that states: �[i]ncrease the number of health care facilities in our community�; and
WHEREAS, pursuant to Resolution No. R-383-10 this Board previously allocated $500,000 from GOB Project No. 305 to Borinquen Health Care Center, Inc., a Florida nonprofit corporation (�BHCC�), to be used to construct new clinical space at BHCC�s main clinic facility located at 3601 Federal Highway in Miami (the �Main Clinic�), which was constructed in 1985 and renovated in 1995, and is in need of expansion of its clinical capacity (the �$500,000 GOB Borinquen Allocation�); and
WHEREAS, in order to raise additional funds needed to expand clinical capacity at the Main Clinic and a new clinic at 125th Street, BHCC submitted a low income pool application to the State of Florida (the �State�) for the receipt of Low Income Pool grant funds (�LIP Grant Funds�), a copy of which is attached as Exhibit �A� (the �Grant Application�); and
WHEREAS, the Grant Application requested $1.5 million of LIP Grant Funds, $831,829 of which would be directed to fund capital improvements at the Main Clinic; $300,000 for capital improvements at the new clinic at 125th Street and N.E. 7th Avenue; and the balance to be used for other capital and operating expenses; and
WHEREAS, Attachment I to the Grant Application noted that the proposed renovations to the Main Clinic include the addition of nine examination rooms, nursing stations, and doctor work stations and remodeling of the second, third and fourth floors of the Main Clinic; and
WHEREAS, LIP Grant Funds require a local government agency match; and
WHEREAS, BBC Program bond proceeds may be used as the local government agency match, provided that such proceeds are used by the State to fund eligible capital expenses for a project that serves to increase the number of health care facilities in our community, including for the contemplated construction of expanded clinical capacity at the Main Clinic as detailed in the Funding Agreement attached hereto as Exhibit �C�; and
WHEREAS, the State�s allocation from LIP Grant Funds for capital improvements at the Main Clinic requires a local match by Miami-Dade County equal to $335,837 (the �$335,837 Local Match�) which may be funded from a reallocation of a portion of the $500,000 GOB Borinquen Allocation; and
WHEREAS, it is the Board�s desire to provide the local government match to the State for the purpose of funding the proposed construction of expanded clinical capacity at the Main Clinic and yet preserve the application of all of the BBC Program�s Administrative Rules that are applicable to the Main Clinic project; and
WHEREAS, although the State will be the recipient of the $335,837 Local Match in the form of a grant, BHCC has agreed, among other things, to comply with all of the BBC Program�s Administrative Rules applicable to the Main Clinic project as if BHCC was the direct recipient of the $335,837 Local Match; and






WHEREAS, accordingly, the Board wishes to amend Resolution No. R-383-10 to reallocate the $335,837 Local Match from the $500,000 GOB Borinquen Allocation, to reduce the $500,000 GOB Borinquen Allocation and to remit the $335,837 Local Match to the State as a grant to be used as the local government match; waive the BBC Program�s Administrative Rules as they pertain to the County�s disbursement to the State; and approve the terms of and authorize the County Mayor or the County Mayor�s designee to execute the necessary agreements to effectuate the foregoing while still preserving the application of all of the BBC Program�s Administrative Rules applicable to the Main Clinic project,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are incorporated in this resolution and are approved.
Section 2. This Board hereby amends Resolution No. R-383-10 to (i) fund the $335,837 Local Match from the $500,000 GOB Borinquen Allocation; (ii) to reduce the $500,000 GOB Borinquen Allocation to $164,163; and (iii) to remit the $335,837 Local Match to the State, as a grant to be used as a local government agency match for LIP Grant Funds, subject to use of such funds by the State to fund eligible capital expenses as more particularly described in the Letter Agreement by and between the County and the State attached to this resolution as Exhibit �D�.
Section 3. This Board hereby waives the BBC Program�s Administrative Rules with respect to its grant of the $335,837 Local Match to the State.
Section 4. This Board hereby approves the terms of and authorizes the County Mayor or the County Mayor�s designee to execute, after proper execution by all other parties to each agreement no later than June 21, 2011: (a) the Escrow Deposit Agreement by and among the County, BHCC and BankUnited, in substantially the form attached hereto as Exhibit �B� and incorporated herein by this reference (the �Escrow Agreement�); and (b) the Funding Agreement by and between the County and BHCC, in substantially the form attached hereto as Exhibit �C� and incorporated herein by this reference. Subject to the prior execution of the Escrow Agreement and the Funding Agreement by all of the respective parties on or before June 21, 2011, this Board hereby approves the terms of and authorizes the County Mayor or the County Mayor�s designee to execute the Letter Agreement by and between the County and the State, in substantially the form attached hereto as Exhibit �D� and incorporated herein by this reference (the �Letter Agreement�), and to disburse the $335,837 Local Match to the State as required by the terms of the Letter Agreement. The County Mayor or the County Mayor�s designee is further authorized to exercise any and all cancellation or termination provisions contained in each of the foregoing agreements, to do all things necessary to effectuate the foregoing and to execute written instructions to the Escrow Agent authorizing disbursements from the escrow account established under the Escrow Agreement.