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Home My WebLink AboutC2005-579 - 9/29/2005 - NAAGREEMENT wI'rH SOUTH TEXAS AFFORDABLE PROPERTIES CORP. THE WHARF APARTMENT HOMES This Agreement (the -Agreement") is made betweea South Texas Affordable Properties Corp. dba The Wharf Apartment Home~ located at 9320 S. Padre Island. Drive, Corpus Christi, Texas, 78418, ("HOUSING PROVIDER"), a Texas corporation, and the City of Corpus Christi, Texas (the 'City'), a municipal corporation. WHEREAS, on Sep~rnber 2, 2005, Itm Offx~ of the Govemor requested Corpus Christi's assistance to provide shelter to assist approximately 3,000 peol3le who were displaced aa a result of Hurricane Katrlne ("evac~eaa"); WHEREAS, approximately 400 evacuees remain housed In Corpus Chri~l shelters; WHEREAS, the evacuees require housing; NOW, THEREFORE, in considers'don of the mutual covena.~a ~ this Agreement, the City and the HOUSING PROVIDER (each, ~ "Party') authorized by appropr~i~ actions of their governing bodies, agree aa follows: 1 Pumo~e. The purpose of this Agreement is for HOUSING PROVlDER to provide housing to evacuee~ on month-to-morYd~ basis. 2 Resoor~billtJee of the HOUSING PROV]DER. A. HOUSING PROVIDER shall provide housing, and to the extent p(malble, provide fumiture and ufilit~ to evacueaa. B HOUSING PROVIDER may charge for deposit for evacuee housing that is equivalent to the usual and customary amount charged other lessees. C HOUSING PROVIDER shall bill the City morrlYfly evacuee housing m:mt~ which are deemed allowable for reimbursement by FEMA. D The HOUSING PROVIDER agrees to racord i1~ expenditum~ under ~is Agreement on a regular basis. The HOUSING PROVIDER agrees to provide the City with a copy of the HOUSING PROVIDER expenditures and m4313or'dng documents on a weekly basis. E The HOUSING PROVIDER agrees and acimowledgaa that ttm City shall only re[rnbume the HOUSING PROVIDER's coats if aach coats am deemed re~nbumable by FEMA. The HOUSING PROVIDER shall be responsible for all coats which are not mimbumed to City by FEMA. 200~579 O9/29/O5 ",oufh I ~ tffordable Propertle~ F HOUSING PROVIDER agrees to provide City with at least 60 day~ advance written notice prior to initiating any attempt to remove any evacuee from housing to allow City sufficient time to e~er negotiate solution with HOUSING PROVIDER or ob[sin alternative housing for evacuee. G. The Housing Provider shall offer housing services at rates equivalent to other lessor rates in the same complex. H Housing Provider may exercise its mJ~u~rnary policies and procedures in eligibility determination, tenant obligations, and leasing not edd~ by this agreement 3 Resoon~ibilitie~ of the Ck'v. A City agrees to compensate HOUSING PROVIDER for any allowable FEMA costs. B City is not liable for any costs not reimbursed to City by FEMA. 4 Imoleme~. The City Manager and Manager for the HOUSING PROVIDER are authorized and directed to take all steps necessary or convenient to implement this Agreement. 5 Warranty. This Agreement has been officialN authorized by rite governing body of the City and the HOUSING PROVIDER, and each signatc~y to this Agreement guarantees and warmnta that the signatory has full authority to execute this Agreement and to legally bind their reepectNe party to this 6 Adm~ietmtive Services. The City and I~ HOUSING PROVIDER agree to provide adminiaE,,~'e services necessary to coordinate this Agreemer~t, including provk:llng the other party w~th a cu.~nt list of contact into.,~afiofl for 7 Ex~endlna Fund~. Any payment made by the HOUSING PROVIDER or the City for any of the costa or expenses that either Incum pursuant to this Agreement shall be made out of c~rmnt revenues available to the paying party. 8 Term and Termination. Once approved by all Parties, this Agreement shall continue for a initial term of three months. This agreement may be extended for an additional three month term if approved by the City of Corlcx~ Christi This Agreement may be ~rmina~cl wflJl or without c~use by ei'd'~r party upon two months w,~n notice to the non-termlna'dng party. 9 Sevembll~. ff any porlJon of this Agreement, or Its application to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remalndm of ~is Agreerne~t shall no~ be and a~all continue to be enforceable in accordance wffh its terms. 10. OraJ arl~ Wllttefl .~r~l~Tl~rlts. All omi or written Agreerne.~ beh~en ~ Pa~ m[a'~lg to the subject matter of this Ag~, which w~re deve~ prior to the execution of this Agreement, have been reduced to writing and am contained in this Agreemer~ 1 ~. Immunity not Waived. Nothing in bhis Agreement Is intended, nor may it be deemed, to waive any govemrnental, official, or other immunity or cleferme of any of rite ParlJaa or their ofrmem, employees, repraae,,ialJvaa, and age,,[, aa n result of the mmcution of this Agreement and the performance of the covenai~ 12. Breach. Any breach of this Agreement now or through rite term shall render the Agreerrmnt null and void. 13. N~ce~. Any notice, correspondence or payment made pumuant to this Agreement must be made by (a) depceltlng the same in the United States mall, postage prepaid, addressed as follows, or (b) delivering ttm same to rite other Party. Any notice given In accordance with (a) shall be effecb've upon depoNt in the United States mail, and the acldreaaaa of the Parties shall, until changed by wrfften notice, be as follows: To the City: City of Corpus ChdstJ City Manager P. O. Box 9277 Corpus Christi. Texas 78469-9277 To the HOUSING PROVIDER: South Texas Affordable Propeftlaa Corp. dba The VVharf Apartment Hemes 1810 S. 31'*, Suite 200 Temple, Texas 76504 14. Amendment~ or Cou~eroarts. This Agreement may no~ be amended except by w~-~'u~ Agreement al~roved by the authorized rel~rsaentativ~ of ff~ Parties. This Agreement may be ~ in o~e or mom counterparl~, each of which shall be deemed an original and all of which shall conml;~ but one and the 15. Caotions. Captions to provisions of this Agreement am for convenience and shall not be considered in the interpretation of ~ provisions. 16. Governinu Law and Venue. This Agreement shall be governed by ~ laws of the Stale of Tm. The parties agree to comply with ell applicable Federal, State and Local laws, rules, end regulations, induding ell applicable housing and landlord tenant law~. Venue for an action arising under this Agreement ehell be in the courts of Nueces County, Texas. 17. ADoroval. AJI Parties identified below agree to ~ provisions and ten'ne of thi~ Agreement. SOUTH 'TEXAS AFFORDABLE PROPERTIES CORP. dba The Wharf,~partment Hom~s~j~ , D~: ~ ;~ - ~.~' CITY OF CORPUS CHRISTI ~. Noe, City Mana~° '~" ~ f. Approved as to legal form: __ Asa~[ant City Attorney for City Attorney 2O05 4