HomeMy WebLinkAboutCRA-R-24-0068Southeast Overtown/Park West
Community Redevelopment Agency
Legislation
CRA Resolution: CRA-R-24-0068
File Number: 16830 Final Action Date:10/24/2024
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
("SEOPW CRA"), WITH ATTACHMENT(S), AUTHORIZING THE EXECUTIVE
DIRECTOR TO EXECUTE THE SETTLEMENT AGREEMENT ("AGREEMENT"),
ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "A", BETWEEN THE
SEOPW CRA AND H.A. CONTRACTING CORPORATION (H.A.C.C.)
("PURPOSE") IN THE AMOUNT OF TWO MILLION ONE HUNDRED FORTY-
SEVEN THOUSAND TWO HUNDRED NINETY-SIX DOLLARS AND FIFTY-FOUR
CENTS ($2,147,296.54), ALLOCATING FUNDS FROM OTHER GRANTS AND
AIDS ACCOUNT NO. 10050.920101.883000.0000.00000; FURTHER
AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE
ANY AND ALL DOCUMENTS NECESSARY, INCLUDING ANY AND ALL
AMENDMENTS THERETO, ALL IN FORMS ACCEPTABLE TO COUNSEL;
PROVIDING FOR THE INCORPORATION OF RECITALS AND AN EFFECTIVE
DATE.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW
CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is
responsible for carrying out community redevelopment activities and projects within its Redevelopment
Area in accordance with the 2018 Updated Southeast Overtown/Park West Community Redevelopment
Plan ("Plan"); and
WHEREAS, H.A. Contracting Corporation, a Florida For -Profit Corporation, ("H.A.C.C.") and
Town Park Village No 1, Incorporated, a Florida For -Profit Corporation, ("Owner") entered into a written
agreement dated October 13th, 2020 (the "Contract") for H.A.C.C. to serve as the design builder for a
project located at 1680 N.W. 4th Avenue, Miami, Florida, know as the Town Park Village Condominium
(the "Project"); and
WHEREAS, pursuant to Resolution No. CRA-R-19-0022, the SEOPW CRA agreed to provide
funding for the Project; and
WHEREAS, on or about March 26tF, 2024, Owner agreed to a final Contract amount of Nineteen
Million Seven Hundred Eighty -Five Thousand Two Hundred Thirty -Five Dollars and Eighty Cents
($19,785,235.80); and
WHEREAS, the SEOPW CRA notified H.A.C.C. and the Owner that a decision was made to
cease funding of the work on the Project; and
WHEREAS, the SEOPW CRA and Owner have collectively paid H.A.C.C. to date a total sum of
Fifteen Million Eight Hundred Fifty -Two Thousand Seven Hundred Three Dollars and Forty -Six Cents
($15,852,703.46); and
WHEREAS, H.A.C.C. recorded a claim of lien against the Project on May 28th, 2024, in the
public records of Miami -Dade County, at Book 34243 Page 1480, in the amount of Two Million Five
City of Miami Page 1 of 3 File ID: 16830 (Revision:) Printed On: 11/5/2024
File ID: 16830 Enactment Number: CRA-R-24-0068
Hundred Forty -Five Thousand Five Hundred Six Dollars and Sixty -Two Cents ($2,545,506.62) (the
"Lien");
WHEREAS, the SEOPW CRA and H.A.C.C., (collectively, the "Parties"), desire to execute a
Settlement Agreement ("Agreement"), attached and incorporated herein as Exhibit "A," to settle all
claims and all liens arising out of the Contract between H.A.C.C. and Owner for the Project ("Purpose");
and
WHEREAS, per the terms of the Agreement, in which funds are to be derived from CRA-R-19-
0022, the SEOPW shall make final payment(s) to H.A.C.C., in an amount not to exceed Two Million One
Hundred Forty -Seven Thousand Two Hundred Ninety -Six Dollars and Fifty -Four Cents ($2,147,296.54)
("Settlement Payment") within ten (10) days of its execution; and
WHEREAS, within ten (10) days of receipt of the Settlement Payment, H.A.C.C. shall provide
the SEOPW CRA with a full and final release of all contractual, common-law, and statutory obligations
arising out of or related to the Contract and the Project, a full and final release of H.A.C.C., H.A.C.C.'s
surety, H.A.C.C.'s insurers, and indemnity from and against any and all claims arising out of or related to
the Contract or the Project; and
WHEREAS, pursuant to the Agreement, H.A.C.C. will assign all claims, rights and entitlements
to the SEOPW CRA; and
WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the
SEOPW CRA's redevelopment goals and objectives; and
WHEREAS, based on the recommendation and findings of the Executive Director, it is in the
SEOPW CRA's best interest for the Board of Commissioners to authorize the Executive Director to
negotiate and execute any and all documents necessary, for which terms may be amended by the
Executive Director, all -in forms acceptable to Counsel with H.A.C.C. for the Purpose stated herein;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. The Board of Commissioners hereby authorizes the execution of the Agreement,
attached and incorporated herein as Exhibit "A," for an amount not to exceed the Settlement Payment for
the Purpose stated herein.
Section 3. The Executive Director is authorized to disperse funds, at his discretion, from the
Account No. 10050.920101.883000.0000.00000 to H.A.C.C. to further the Purpose stated herein.
Section 4. The Executive Director is authorized to execute the Agreement, attached and
incorporated herein as Exhibit "A," for said Purpose.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
City of Miami Page 2 of 3 File ID: 16830 (Revision:) Printed on: 11/5/2024
File ID: 16830 Enactment Number: CRA-R-24-0068
ice Br ounsel
10/17/2024
City of Miami Page 3 of 3 File ID: 16830 (Revision:) Printed on: 11/5/2024