HomeMy WebLinkAboutC2005-578 - 9/29/2005 - NAAGREEMENT WITH CORPUS CHRISTI PROPERTY MANAGEMENT II, lNG.
,~- THE WOODLAKE APARTMENTS
This Agmernem (the -'Agreement") is made between Corpus Christi Property
Management II, Inc. dba the Woodlake Aparlme.{= located at 1901 Rodd Field
Road, Corpus Chds'd, Texas, 78412, ("HOUSING PROVIDER"), a Texas
corporation, and the City of Corpus Chd~. Texas (the 'City'), a municipal
Wt-IEREAS, on September 2, 2005, the Office of the Govemm' requested Corpus
Chri~'s assi~Lanca to provide shelter to assist appmxlrnately 3,000 people who
were displaced as a result of Hurricane Katrlna ("evacuee~");
WHEREAS, approximately 400 evacuees remain housed in Corpus Christi
shelters:
WHEREAS, the evacuees require housing;
NOW, THEREFORE, in consideration of the mutual covenants In this Agreement,
the City and the HOUSING PROVIDER (each, the 'Party') authorized by
appropriate actions of their governing bodies, agree as follows:
1 Purpose. The purpose of this Agreement is for HOUSING PROVIDER to
provide housing to evactmes on montfl-tcm~'fffl basis.
2 Resoon~ibilities of the HOUSING PROVIDER.
A HOUSING PROVIDER shall provide housing, and to the extent possible,
provide furniture and utilities to evacuees.
B HOUSING PROVIDER may charge for del:melt for evacuee housing that is
equivalent to the usual and customary amount charged other lease, as.
C HOUSING PROVIDER shall bill the City mo.l. hly evacuee housing coats
which are deemed allowable for reimbursement by FEMA.
D. The HOUSING PROVIDER agrees to record its expendlture~ under this
Agreement on a regular basis. The HOUSING PROVIDER agrees to provide
City with a copy of the HOUSING PROVIDER expenditures and supporting
doct~nents on a weekly basis.
E. The HOUSING PROVIDER agrees and acknowledges that the City shall only
reimburse the HOUSING PROVlDER's costs if such coats are deemed
reirnbursabie by FEMA. The HOUSING PROVIDER shall be responsible for all
coats whk::h am not mmbursecl to City by FEMA.
F HOUSING PROVIDER agrees to provide City with at least 60 days advance
written notice prior to initJatirtg any attempt to remove any evacuee from housing
to allow City sufficient time to e~er negot~ aolu'don wtth HOUSING
PROVIDER or obtain alternative housing for evacuee.
G The Housing Provider shall offer housing services at rates equivalent to other
lessor rates In the serne complex.
H Housing Provider may exercise its customary policies and procedum~ in
eligibility determination, tenant obligations, and leasing not eddrmmed by this
agreement
3 Respoeslbilit~ of the City.
A City agrees to compensate HOUSING PROVIDER for any allowa~ FEMA
coats.
B City ia not liable for any costs not reimbursed to City by FEMA.
4. Implementation. The City Manager and Manager for the HOUSING
PROVIDER am authorized and directed to take all steps necessary or
convenient to implement this Agreement.
5 Warranty. This Agreement has been officially authorized by the governing
body of ltm City and the HOUSING PROVIDER, and each signatory to this
Agreement guarantees and warrants fiat the signatory has full authority to
execute this Agreement and to legally bind their respective party to this
Agreement.
6 Adm~istmtive Services. The City and ~ HOUSING PROVIDER agree to
provide adminiatm'dve services necessary to coordinate this Agrem'nant,
including providing b"m other party with a current list of contact information for
each party.
7 Expending Funds. Any payment made by the HOUSING PROVIDER or the
City for any of ~ costs or expenses that either incurs pursuant to this
Agreement shall be made out of current mvenue~ available to rite paying party.
8 Term and Termi~. Once approved by all Parties, this Agree~nent shell
cor~nue for a initial term of three months. This agmemerrt may be extended for
an additional three mo~U, term If approved by lyre City of Corpus Christi This
Agreement may be tormina~:l wi~ or without cause by either party upon two
months w~'~u~n notice to the non-te.~inating party.
I) Severabilttv. If any portion of this Agreement, or its application to any persoa
or circumstance, shall ever be held to be invalid or unconsflbY~nal by any court
2
of competeet jurisdiction, the remainder of this Agreement shall no~ be affec~ad
and shall continue to be enforceable In accordance with its terms.
10. Oral and Written Anreernents. Ail omi or written Agreements between the
Parties relating to the subject matter of this Agreement, which were developed
prior to the execution of this Agreement, have been reduced to writing and am
11. Immunity not Waived. Noffiing in this Agreement is intended, nor may It be
deemed, to waive any governmental, official, or other immunity or de[erie of any
of the Partlas or their officers, employees, represen;..E;ves, and ager~ as a result
of the execution of this Agreement and the pedormance of ~ covenants
contained in this Agreement.
12. Breech. Any breach of this Agreement now or through the term shall render
the Agreement null and void.
13. Noticee. Any notice, correspondence or payment made pursuant to this
Agreement must be made by (a) depositing ~ same in the United ~ mail,
postage prepaid, addressed as follows, or (b) delivering the same to the other
Party. Any notice given In accordance ~ (a) shall be effective upon depcelt In
the United States mail, and the addresses of the Parties shall, until changed by
w,-~'.,n notice, be as follows:
To ~ City:
City of Corpus Chdsfi
City Manager
P. O. Box 9277
Corpus ChdstJ, Texas 784~9-9277
To ~ HOUSING PROVIDER:
Corpus Christi Property Management I1, Inc. dba The Woodlake
P.O. Box 310
Smiley, Texas 78159
14. Ame~dmen~ or Counteroarl~. This Agreement may not be amended except
by w~m~n Agreement approved by the authorized representatives of the Per,as.
This Agreement may be executed in one or mom counterparts, each of which
shall be deemed an original and all of which shall constitum but one and the
15. Cao'dona. Captions to provmiorm of this Agreement am for commnlence and
shall not be cor~idered in the Interpretation of the provisions.
18. Governir~ Law end Venue. This Agreement shall be governed by the laws
of the State of Texas. The parties agree to comply with all applicable Federal,
State and Local laws, rules, and ragule'dons, including all applicable housing arid
landlord tenant law~. Venue for an action arising under this Agreement shall be
in the courts of Nuecoa County, Texas.
1 7. A~:)Dno, val. AJI ParlJes identified below agree to the prov~iorm and terms of
this Agreement.
CORPUS CHRISTI PROPERTY MANAGEMENT II, INC. dba 'l'he VVoodlake
CITY OF CORPUS CHRISTI