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HomeMy WebLinkAbout23590AGREEMENT INFORMATION AGREEMENT NUMBER 23590 NAME/TYPE OF AGREEMENT OMNI CRA & AUDREY L. NORRIS DESCRIPTION TEMPORARY RELOCATION ASSISTANCE & GENERAL RELEASE AGREEMENT/TEMPORARY RELOCATION ASSISTANCE TO RESIDENTS THAT ARE DISPLACED AS A RESULT OF A CRA PROJECT/FILE ID: 5129/CRA-R-19- 0002/MATTER ID: 21-1975 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 9/8/2021 DATE RECEIVED FROM ISSUING DEPT. 9/10/2021 NOTE 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 Audrey Louis Norris ("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," which shall be inclusive of the City of Miami, a municipal corporation of the State of Florida ("CITY"), when applicable. 1. Consideration (a)CRA agrees to pay to RELEASOR an amount not to exceed Three Thousand Five Hundred Dollars ($3,500) forthe temporary relocation assistance ("RELOCATION FUNDS") as full and final 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 al] 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 130 NW 14th Street Miami 33136. The temporary relocation assistance received may be used fo cover actual reasonable moving and related expenses including, but not limited to, a security deposit, first and last months 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"). (b) RELEASOR covenants and agrees that it will forever refrain and .forebearfrom 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 attorney's fees incurred by any PARTY involving the RELEASOR'S CLAIMS as well as any other claims, or causesof 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 Assienment 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 anyand 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. Severabilitvv 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 Proferentem 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, agreement, 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. Attornev'-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 Authoritv 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, without regard to the application of conflicts of law principles and venue shall be in Miami -Dade County, Florida. 13. Counterpart Signatures Acceptable This RELEASE and any amendments hereto may be executed in several counterparts, and all or any of such counterparts taken together shall be deemed to constitute one and the same instrument. An executed facsimile or electronic scanned copy of this RELEASE shall have the same force and effect as an original. The Parties shall be entitled to sign and transmit an electronic signatureon 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 Party an original signed RELEASE upon written request. (Signature Pages to follow) 3 ATTEST: Todd B. Hanno?1-Eiet of the Board Date: q'g/aoal APPROVED AS TO FORM AND CORRECTNESS: gaii6 .L- W a/6/a Victoria Mez Matter ID: 21-1975 General Counsel D.J.G. 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") By: Jason Walk ive Director SIGNATURE: Individual Tenant Signature. i Print Nam STATE OF fiOf id Q ) COUNTY OF Mari Dade ) "RELEASOR" SW RN TO AND SUBSCRIBED BEFORE ME on this 41 day of , 2021 by rei� i%io►' -1 who is/are personal]. known to me or who has produced his/her Drivers License(s) as identification Fioa,tvk ID , and who did/did not take an oath. (Print Name (Seal) FRANCES LLOP-NOY Notary Public -State of Florida Commission N GG 905986 ;yd� My Commission Expires ,��,.August 21. 2023 Notary Public, State of FL.ofZir - My Commission Expires: AtuiE2023 Florida 4 8/26/2021 CRA-R-19-0002 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY... Miami FL OMNI CRA Resolution CRA-R-19-0002 ADOPTED Feb 19, 2019 5. A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), APPROVING THE RELOCATION PLAN PROGRAM, IN SUBSTANTIALLY THE ATTACHED FORM, FOR TEMPORARY RELOCATION ASSISTANCE TO RESIDENTS THAT ARE DISPLACED AS A RESULT OF A CRA PROJECT ("PROGRAM"); AUTHORIZING AN AMOUNT NOT TO EXCEED $50,000.00 FOR THE PROGRAM FROM RESERVE FUNDS FROM ACCOUNT CODE 10040.920501.531000; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, DIRECTLY TO RESIDENTS OR TO VENDORS FOR ELIGIBLE COSTS; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PROGRAM, ALL IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL. Information Department: Category: Attachments OMNI Community Redevelopment Agency Other Agenda Summary and Legislation 5129 Exhibit A Sponsors: Body/Legislation WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Omni CRA Redevelopment Plan ("Plan"); and WHEREAS, Section 4.4, C., D-1, at page 41 of the Plan; Section 4.4, D., A-2, at page 42 of the Plan; and Section 4.4, E., D-7, at page 42 of the Plan respectively list maximizing conditions for residents to live in the area, the elimination of conditions which contribute to blight, and minimizing condemnation and relocation as stated redevelopment objectives; and WHEREAS, the CRA is in the process of completing various projects and pursuant to the Plan, must offer temporary relocation assistance to residents that may be displaced as a result of any of the projects; and WHEREAS, Section 163.370, Florida Statutes, specifically authorizes the CRA to allocate funds to help in the displacement of residents affected by a redevelopment project; and WHEREAS, the Board of Commissioners of the CRA wishes to allocate funds from budget reserve funds in an amount not to exceed $50,000.00 for the relocation assistance plan ("Program"); and WHEREAS, the Executive Director is requesting authority from the Board of Commissioners of the CRA to execute the relocation assistance plan, attached and incorporated as Exhibit "A," and to disburse funds directly to residents or to vendors who assist residents in relocating as a result of a redevelopment project; and WHEREAS, the Executive Director is further seeking authority to negotiate and execute any and all documents necessary to effectuate the Program, all in a form acceptable to the General Counsel; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference thereto and incorporated herein as if fully set forth in this Section_ https://miamifl.iq m2.com/Citizens/Detail_LegiFile.aspx?ID=5129&highlig htTerms=Relocation&Print=Yes 1/2 8/26/2021 CRA-R-19-0002 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY... Section 2. The relocation assistance plan, attached and incorporated as Exhibit "A," is approved. Section 3. The Executive Director is authorized to allocate funds from the budget reserve account code. 10040.920501.531000 in an amount not to exceed $50,000.00 for the Program. Section 4. The Executive Director is further authorized to negotiate and execute any and all documents necessary to effectuate the Program, all in a form acceptable to the General Counsel. Section 5. The Executive Director is authorized to disburse funds, at his discretion, directly to residents or vendors for: eligible costs. Section 6. This Resolution shall become effective immediately upon its adoption. Meeting History OMNI Feb 19, 2019 5:00 PM Community Redevelopment Regular Meeting Agency Note for the Record: For additional minutes referencing Item RE.2, please see Item RE.1. Chair Russell: Can I get a motion on, RE.2, please, which is the relocation funds; $50,000 to help folks --? Board Member Reyes: I move that. . Board Member Gort: Second. Chair Russell: Moved by Commissioner Reyes; seconded by Commissioner Gort. Any further discussion? All in favor, say "aye." The Board (Collectively): Aye. Chair Russell: Any opposed? Motion passes. RESULT: ADOPTED [UNANIMOUS] MOVER: Manolo Reyes, Board Member, District Four SECONDER: Wifredo (Willy) Gort, Board Member, District One AYES: Ken Russell, Wifredo (Willy) Gort, Manolo Reyes ABSENT: Keon Hardemon, Joe Carollo https://miamifl.igm2.com/Citizens/Detail LegiFile.aspx?ID=6129&highlightTerms=Relocation&Print=Yes