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Home My WebLink AboutCRA-R-23-0060 MemorandumSEOPW Board of Commissioners Meeting November 16, 2023 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Christine King and Members of the CRA Board From: James McQueen Executive Director Date: February 12, 2024 File: 15059 Subject: Sandra Hapuarachchi Case No. 2019-008650-CA-01 Enclosures: File # 15059 - Backup BACKGROUND: A Resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), 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. 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"). The Releasor is of full age, under no legal disability and is competent to attest to these matters. 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, attomey'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. 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. The Releasor of the sum of Fifty -Five Thousand Dollars and Zero Cents ($55,000.00), release and forever discharge collectively the Releasees. FUNDING: $55,000.00 allocated from Other Current Charges and Obligations Account No. 10050.920101.549000.0000.00000. FACT SHEET: Name: Sandra Hapuarachchi Incident address: 663 N.W. 1st Court, Miami, Florida Payment: $55,000.00 Summary: Sandra Hapuarachchi 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. 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. Page 2 of 6 AGENDA ITEM FINANCIAL INFORMATION FORM SEOPW CRA CRA Board Meeting Date: November 16, 2023 CRA Section: Brief description of CRA Agenda Item: Authorizing the Executive Director to disperse funds in the amount of $55,000.00 in full and complete settlement of any claims for attorney's fees. Project Number YES, there Account Code: (if applicable): are sufficient funds in Line Item: 10050.920101.549000.0000.00000 Amount: $ 5 5 , 0 0 0.0 0 NO (Complete the following source of funds information): Amount budgeted in the line item: $ Balance in the line item: $ Amount needed in the line item: $ Sufficient funds will be transferred from the following line items: ACTION ACCOUNT NUMBER TOTAL Project No./Index/Minot Object From $ To $ From $ To $ Comments: Approved by: Approval: Executive Director 11/8/2023 Miguel A Valentin, ririarice Off;cer 11/8/2023 Page 3 of 6 Southeast Overtown/Park West Community Redevelopment Agency File Type: CRA Resolution Enactment Number: 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 Page 4 of 6 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; 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 Page 5 of 6 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. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: V e Br , ounsel 11/8/2023 Page 6 of 6