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HomeMy WebLinkAbout25267AGREEMENT INFORMATION AGREEMENT NUMBER 25267 NAME/TYPE OF AGREEMENT OMNI CRA & JOSEPH BOOTH DESCRIPTION TEMPORARY RELOCATION ASSISTANCE & GENERAL RELEASE AGREEMENT/102 NW 14TH STREET MIAMI, FL 33136/MATTER ID: 24-3120 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 12/3/2024 DATE RECEIVED FROM ISSUING DEPT. 12/3/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL TEMPORARY RELOCATION ASSISTANCE AND GENERAL RELEASE AGREEMENT This Temporary Relocation Assistance and General Release Agreement ("RELEASE") is between the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, INC. of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, with a principal office located at 1401 N. Miami Avenue, Miami, Florida, 33136 ("CRA") and Joseph Booth ( "RELEASOR"), an individual over the age of 21, for his/herself and on behalf of all others who may claim by or through, including all other predecessors -in -interest, successors -in -interest, heirs, assigns, partners, officers, directors, shareholders, employees, agents, servants, affiliates, attorneys and insurers of RELEASOR for temporary relocation assistance. The CRA and RELEASOR are collectively referred to as the "PARTIES". 1. Consideration (a) Pursuant to CRA Resolution CRA-R-24-0029, adopted on April 25, 2024, the CRA agrees to pay to RELEASOR a total amount not to exceed Four Thousand Three Hundred and Eighteen Dollars ($4,318.00) for the temporary relocation assistance ("RELOCATION FUNDS") as full and fmal payment and satisfaction of all the RELEASOR'S EXPENSES, CLAIMS and COSTS (as defined below). (b) CRA agrees that upon receipt of this fully executed and notarized RELEASE, it shall dispatch payment of the RELOCATION FUNDS within Fourteen (14) days from the date of receipt of the original signed and/or executed RELEASE. (c) RELEASOR hereby accepts payment for temporary relocation assistance and generally releases CRA and the CITY from any and all liability and/or obligations regarding purported claims asserted by RELEASOR against the CRA and/or the CITY arising from or out of the temporary relocation assistance at the CRA Project located at 102 NW 14d'STREET MIAMI, FL. 33136. The temporary relocation assistance received may be used to cover actual reasonable moving and related expenses including, but not limited to, a security deposit, first and last month's rent, rent related payments, utilities and other moving related expenses. All uses of the RELOCATION FUNDS must conform to all CRA, City, County, State and Federal laws. 2. General Release (a) RELEASOR and its affiliates, predecessors, successors, parents, subsidiaries, spouses, related companies, divisions, assigns, officers, directors, shareholders, partners, representatives, benefits administrators, contractors, employees, heirs, children, former employees, employers, former employers, attorneys, experts, agents and insurers hereby agree to voluntarily and knowingly, fully and unconditionally generally release and forever discharge the CRA and/or the CITY, separately, collectively, severally, directly, and vicariously, from any and all state, local, and federal claims, causes of action, liabilities, and judgments of every type and description whatsoever (including, but not limited to, all claims in equity, under local, federal, or state tort, contract, statutory and common law bad faith, unfair claims practices, laws, regulations, or statutes) that it has, may have, or may ever claim to have, whether known or unknown, against the CRA and/or the CITY and their affiliates, predecessors, successors, parents, subsidiaries, related companies, divisions, assigns, officers, directors, shareholders, members, managers, representatives, benefits administrators, contractors, employees, former employees, employers, former employers, attorneys, agents, insurers and, in each case, arising out of the RELEASOR'S CLAIMS (the "RELEASED CLAIMS"). 1 (b) RELEASOR covenants and agrees that it will forever refrain and forebear from commencing, instituting, participating in, cooperating with, or prosecuting any lawsuit, action, or other proceeding, of any kind, against the CRA and/or the CITY based on, arising out of, or in any way connected to the RELEASED CLAIMS. (c) This RELEASE also applies to any and all claims for costs and attomy's fees incurred by any PARTY involving the RELEASOR'S CLAIMS as well as any other claims, or causes of action, including, but not limited to, contribution, contractual, or common law indemnification, but in each case arising out of the RELEASOR'S CLAIMS. (d) The PARTIES expressly understand and agree that nothing contained in this RELEASE shall be construed as a confession of judgment by either RELEASOR, CRA and/or the CITY. 3. No Assi£nment or Transfer of Released Claims The PARTIES represent and warrant that as of signing this RELEASE, they have not assigned, transferred, or hypothecated, or purported to assign, transfer, or hypothecate, to any person, firm, corporation, association, or entity whatsoever any of the RELEASED CLAIMS. 4. Indemnification RELEASOR agrees to indemnify and hold harmless the CRA and/or the CITY against any and all rights, claims, warranties, demands, debts, obligations, liabilities, costs, expenses (including the duty to defend and reasonable attorneys' fees), causes of action, and judgments, in each case arising out of any transfer, assignment, or hypothecation, or purported transfer, assignment, or hypothecation, in each case of the RELEASOR'S CLAIMS 5. Modification No provision of this RELEASE may be changed, altered, modified or waived except in writing signed by the PARTIES (or their authorized representatives), which writing shall specifically reference this RELEASE and indicate that the PARTIES intend to waive or modify it. The waiver by any party to this RELEASE or a breach of any of the provisions of this RELEASE shall not operate or be construed as a waiver of any subsequent or simultaneous breach. 6. Severability In the event any provision of this RELEASE is held to be unenforceable, each and all other provisions of this RELEASE shall remain in full force and effect. 7. No Contra Proterentemt The PARTIES acknowledge that this is a negotiated RELEASE and that the principle of contract interpretation known as contra proferentem (also known as interpretation against the draftsman) is inapplicable to its construction. 8. Entire Agreement All of the terms of this RELEASE are contractual and not merely a recital. The PARTIES further acknowledge that this RELEASE constitutes a full, final, and complete settlement of all costs, differences and supersedes and replaces any and all other written or oral exchanges, agreements, 2 understandings, arrangements, or negotiations between them relating to the RELEASED CLAIMS, and affirmatively states that there are no other prior or contemporaneous agreements, exchanges, representations, arrangements, or understandings, written or oral, between or among them other than that as detailed in the RELEASE, and that the RELEASE represents the exclusive and entire agreement between them regarding the RELEASED CLAIMS. 9 Attorne ••'s Fees and Costs The PARTIES agree that should there arise a dispute over the RELEASE, the PARTIES shall bear their own respective attorneys' fees and costs. 10. Comprehension and Authority to Execute After conferring with legal counsel to the extent they deemed expedient, the PARTIES covenant and warrant that they fully comprehend their rights and obligations under the RELEASE and they have complete authority to enter into and otherwise fulfill their obligations under the RELEASE. 11. No Admissions and Not Evidence The PARTIES understand and agree that this RELEASE is a release of doubtful and disputed claims, theories, contingencies, and various factual and legal arguments and does not constitute an admission of liability regarding any matter whatsoever. Except in an action involving its enforcement, no part of this RELEASE shall be used as evidence in any other matter, in any litigation, dispute resolution or other proceedings to create, prove or interpret the respective rights, duties or obligations. No action taken by CRA in funding the settlement can be used as evidence that CRA and/or the CITY has waived or is estopped from denying or limiting any other similar claims. 12, Applicable Law /Venue This RELEASE shall be construed and enforced according to the laws of the State of Florida, without regard to the application of conflicts of law principles and venue shall be in Miami -Dade County, Florida. 13. Anti -Human Trafficking Affidavit The RELEASOR confirms and certifies that RELEASOR is not in violation of Section 787.06, Florida Statutes, and that RELEASOR does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The RELEASOR shall execute and submit to the CRA an Affidavit in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit "A." If the RELEASOR fails to comply with the terms of this Section, the CRA may suspend or terminate this RELEASE immediately, without prior notice, and in no event shall the CRA be liable to RELEASOR for any additional compensation or for any consequential or incidental damages. 14. Public Records The PARTIES understand that the public shall have access, at all reasonable times, to all 3 documents and information pertaining to CRA agreements, including this RELEASE, subject to the provisions of Chapter 119, Florida Statutes, and agree to allow access to the public to all documents subject to disclosure under applicable laws. RELEASOR's failure or refusal to comply with the provisions of this section shall result in immediate cancellation of this RELEASE by the CRA. 15. Counterparts and Electronic Si<.natures This RELEASE may be executed in counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same agreement. This RELEASE may be executed in counterparts, each of which shall be an original as against either PARTY whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this RELEASE shall have the same force and effect as the original. The PARTIES shall be entitled to sign and transmit an electronic signature on this RELEASE (whether by facsimile, PDF or other email transmission), which signature shall be binding on the PARTY whose name is contained therein. Any PARTY providing an electronic signature agrees to promptly execute and deliver to the other PARTIES an original signed RELEASE upon request. (Signature Pages to follow) 4 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized as of the day and year above written. ATTEST: By: ,—DocuSigned by: Signed by: `— 4 7 EYC'F1#55. Todd B. Hannon, Clerk of the Board OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, INC. of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA") ,—DocuSigned by: By: (Sim. ibtALS \--lsiaaJones83Executive Director December 3, 2024 1 13:36:28 EST December 3, 2024 1 00:49:44 EST Date: Dec APPROVED AS TO FORM AND APPROVED AS TO INSURANCE: CORRECTNESS: ,--DocuSigned by: ��tbV6�t WtSbl&. dh1cember 2, 2024 `-88776 F 486... George K. ysong III Date DocuSigned by: 1FV3V7tlik7aRt/7 `-27395G6318214E7...— Ann -Marie Sharpe, Date General Counsel Director of Risk Management Matter ID: 24-3120 DJGS 5 December 2, 2024 1 14:38:02 EST Name: �4� S eOO STATE OF COUNTY OF Yn Aff% ) Lc( ASOR" Print Sworn to (or affirmed) and subscd before me by means of j hi y cal presence [ ] online notarizat in thi —• day of _ M f r34,2,y .?i Personally Known OR Produced Identification. Type of Identification Produced (NOTARY PUBLIC SEAL) My Commission Expires: 6 EXHIBIT "A" ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity/individual is a nongovernmental entity authorized to transact business in the State of Florida (hereinafter, `nongovernmental entity"). b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024). 2. Under penalties of perjury, pursuant to Section 92.525, Florida Statutes, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer, a representative, or individual of the nongovernmental entity authorized to execute this Anti -Human Trafficking Affidavit. FURTHER AFFIANT SAYETH NAUGHT Nongovernmental Entity/Individual: r Name: ✓/ 65e__P- £ 0 ( 11 Title: Signature: c, 'C" Office Address: Email Address: JJSeFIX 6ati/ /in; rfts,,,(•c444ain Phone Number: (7 2 I- / Sy I_ 7 Olivera, Rosemary From: Codio, Charice Sent: Tuesday, December 3, 2024 1:56 PM To: Ewan, Nicole; Olivera, Rosemary; Gibbs-Sorey, Domini; Garcia, Aida Cc: Hannon, Todd; Jones, Isiaa; De Los Santos, Jesly; Llop-Noy, Frances Subject: Fully Executed Copy- Joseph Booth Temporary Relocation Agreement Attachments: Fully Executed - Joseph Booth - Temporary Relocation.pdf Good afternoon everyone, Attached is the fully executed copy of the Joesph Booth Temporary Relocation Agreement from DocuSign, which should be considered the original for your records. Best Regards, Charice Codio Administrative Assistant, OMNI-CRA 1401 N. Miami Avenue, Miami, FL 33136 Off: 305 679-6868 Email: chcodio@miamigov.com Website: www.omnicra.com Omni C R A Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail may contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. 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