HomeMy WebLinkAboutCRA-R-23-0060Southeast Overtown/Park West
Community Redevelopment Agency
Legislation
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Miami, FL 33136
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CRA Resolution: CRA-R-23-0060
File Number: 15059 Final Action Date:11/16/2023
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
("SEOPW CRA), AUTHORIZING THE EXECUTIVE DIRECTOR TO DISPERSE
FUNDS, TO PAY SANDRA HAPUARACHCHI (THE "RELEASOR") OF THE SUM
OF FIFTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($55,000.00), IN
FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE
SEOPW CRA AND ITS CURRENT AND FORMER DEPARTMENTS, OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES, ITS CONTRACTORS, LESSEES,
AND ANY OTHER PERSON, FIRM OR CORPORATION CHARGED OR
CHARGEABLE WITH RESPONSIBILITY OR LIABILITY, THEIR RESPECTIVE
HEIRS, REPRESENTATIVES AND ASSIGNS (COLLECTIVELY THE
"RELEASEES"), FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF
ACTION, WHETHER IN THE NATURE OF SUBROGATION OR OTHERWISE,
ARISING FROM ANY ACT OR OCCURRENCE FROM THE BEGINNING OF
TIME THROUGH THE PRESENT, AND PARTICULARLY ON ACCOUNT OF ALL
PERSONAL INJURY, SURVIVAL, OR DEATH, DISABILITY, PROPERTY
DAMAGE, COSTS, LOSS OF SERVICES AND CONSORTIUM, EXPENSES,
ATTORNEY'S FEES, COMPENSATION, DEPRIVATION OF ANY KIND
ALREADY SUSTAINED OR THAT MAY HEREAFTER BE SUSTAINED,
INCLUDING REPUTATION OR CIVIL RIGHTS, ON ACCOUNT OF, OR IN ANY
WAY GROWING OUT OF, AN INCIDENT OCCURRING AT THE PARKING LOT
LOCATED AT OR NEAR 663 N.W. 1ST COURT, MIAMI, FLORIDA, ON OR
ABOUT JUNE 3RD, 2015, AND DURING WHICH THE RELEASOR WAS
ALLEGEDLY INJURED (THE "INCIDENT"), AND AS A CONSEQUENCE OF
WHICH SUIT WAS FILED IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE
COUNTY, CASE NO. 2019-008650-CA-01; FURTHER AUTHORIZING THE
EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT, INCLUDING ANY
AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE
GENERAL COUNSEL; AND TO EXECUTE THE RELEASE OF ALL CLAIMS
("RELEASE"); PROVIDING FOR INCORPORATION OF RECITALS, AND
PROVIDING FOR 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 Southeast Overtown/Park West Redevelopment Plan Update (the
"Plan"); and
WHEREAS, on or about June 3rd, 2015, and during which Sandra Hapuarachchi ("Releasor")
was allegedly injured, and as a consequence of which suit was filed in the Circuit Court in and for Miami -
Dade County, Case No. 2019-008650-CA-01;
City of Miami Page 1 of 3 File ID: 15059 (Revision:) Printed On: 9/11/2025
File ID: 15059 Enactment Number: CRA-R-23-0060
WHEREAS, the parking lot located at or near 663 N.W. 1st Court, Miami, Florida, on or about
June 3rd, 2015, and during which the Releasor was allegedly injured (the "incident");
WHEREAS, the Releasor is of full age, under no legal disability and is competent to attest to
these matters;
WHEREAS, the SEOPW CRA its current and former departments, officers, agents, servants, and
employees, its contractors, lessees, and any other person, firm or corporation charged or chargeable with
responsibility or liability, their respective heirs, representatives and assigns (collectively the "Releasees"),
from any and all claims, demands, causes of action, whether in the nature of subrogation or otherwise,
arising from any act or occurrence from the beginning of time through the present, and particularly on
account of all personal injury, survival, or death, disability, property damage, costs, loss of services and
consortium, expenses, attorney's fees, compensation, deprivation of any kind already sustained or that
may hereafter be sustained, including reputation or civil rights, on account of, or in any way growing out
of, an incident occurring at the incident,
WHEREAS, the Releasor has not been influenced in any manner, or to any extent, in making the
Release of All Claims ("Release") by any representations or statements regarding damages, or regarding
any other matters, by the Releasees, or by any person or attorney(s) representing them, or any of them
individually, or by anyone employed by them;
WHEREAS, the Releasor of the sum of Fifty -Five Thousand Dollars and Zero Cents
($55,000.00), release and forever discharge collectively the Releasees;
WHEREAS, the Board of Commissioners authorizing the Executive Director to pay the Releasor
in full in an amount not to exceed Fifty -Five Thousand Dollars and Zero Cents ($55,000.00), execute the
Release and complete settlement of any and all claims and demands;
WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the
SEOPW CRA redevelopment goals and objectives; and
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 Executive Director is hereby authorized to pay the Releasor upon
presentation of invoices and satisfactory documentation from the Current Charges and Obligations
Account No. 10050.920101.549000.0000.00000, execute the Release and complete settlement of any and
all claims and demands;
Section 3. The Executive Director is authorized to negotiate and execute an agreement,
including any and all necessary documents, and all -in forms acceptable to the General Counsel, for said
purpose.
Section 4. Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the Executive Director, or the
Executive Director's designee, without need of public hearing, by filing a corrected copy of same with the
City of Miami City Clerk.
Section 5. This Resolution shall become effective immediately upon its adoption.
City of Miami Page 2 of 3 File ID: 15059 (Revision:) Printed on: 9/11/2025
File ID: 15059 Enactment Number: CRA-R-23-0060
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
AO
ounsel 11/8/2023
City of Miami Page 3 of 3 File ID: 15059 (Revision:) Printed on: 9/11/2025