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Home My WebLink AboutC2005-581 - 9/29/2005 - NA dba THE OAS~APARTMENTS 'h~m A or'eerj'Nqpt,(tt'm "Aoreemem") m rr~de between Apartments, 5757 Wooidridge Road, Corpus Christi, Tmcas, 78414, ('HOUSING PROVIDER"), a Texas corpo,-~n, and the City of Corpus Christi, Texas (the 'City'). a municipal corporation. WHEREAS, on Se~ember 2, 2005, the Ofrme of the Govemor requested Corpus Chn~ti's assistance to provide shelter to assist approximately 3,000 people who were displaced as a result of Hurricane Katrine ("evacuees"); WHEREAS, approximately 400 evacueas remain housed in Corpus Christi sheltem: WHEREAS, the evacuee~ require housing; NOW, THEREFORE, ~n coneide,aLion of the mutual covenants in this Agreement, the City and the HOUSING PROVIDER (each, the 'Party') authorized by appropriak~ actions of their governing bodies, agree as follows: 1 Purooee. The purpose of this Agreement is for HOUSING PROVIDER to provide housing to evacuees on mo,,U~-to-month basis. 2. Re~:~'~bili'dee of the HOUSING PROVIDER. A. HOUSING PROVIDER shall provide housing, and to ~ extent poaslble, provide fumltum and utilities to evacuees. B. HOUSING PROVIDER may charge for deposit for evacuee housing that is equivalent to the usual and cu~;,mary amount charged other lessees. C HOUSING PROVIDER shall bill ffm City monthly evacuee housk~g coert~ which am deemed allowable for reimbursement by FEMA. D The HOUSING PROVIDER agrees to record its expenditures under this Agreement on a regular basis. The HOUSING PROVIDER agrees to provide bhe City with a copy of the HOUSING PROVIDER expenditures and suppoCdng docume,,~ o~ a weekly basis. E The HOUSING PROVIDER agrees and edxno~,edgee that the City shah only reimburse the HOUSING PROVIDER's co~s if such coats are deemed reimbursable by FEMA. The HOUSING PROVIDER shell be raspon~ible for all cos~ which am not reimbursed to City by FEMA. 2005-581 09/29/0~ F HOUSING PROVIDER agrees to provide City with at lea~t 60 dey~ advance wfi~mn notice prior to initiating any att~n~ to remove any evacuee from hou~ng to allow City m. ffT~dent time to either nagotlal~ aolu'dofl wtth HOUSING PROVIDER or otfmin alternative housing for evacuee. G The Houeing Provider shall offer hotming sendce~ at rams equivalent to other ~ rates in the same complex H Housing Provider may exercise its customary policies and procedures In eligibility determination, tenant obligations, and leasing not addreeeed by this 3 Rasoonsibilrdee of the City. A City agrees to compensate HOUSING PROVIDER for any allowable FEMA costs. B City ia not liable for any costs not mimbumed to City by FEMA. 4. Imolemente'don. The City Manager and Manager for the HOUSING PROVIDER am authorized and directed to take all ~ neceesery or 5. Wen~u~y. This Agreement has been officially authorized by tfm governing body of fl'm City and the HOUSING PROVIDER, and each signatory fo this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their raspactNe party to this 6 Admini~mfive Services. The City and the HOUSING PROVIDER agree to provide administrative services rmceesery to coordinate this Agreement, including providing the ofl'~r party with a currant list of contact information for each party. 7 E.~mending Fund~. Any payment made by the HOUSING PROVIDER or ttm City for any of the coat~ or expenses flit eltO'mr incurs pursuant to this Agreement shall be made out of current revenum available to the paying party. 8 Term and Termination. Once approved by all Parties, this Agmenmr~t shall continue for a initial term of three montfm. This agreement may be extended for an additional three month term if approved by the City of Corpus Christi This Agreement may be terminated vdth or without cause by e~er party upon two months written notice to the non-terminating party. 9 Sevemhilitv. If any portion of this Agreement, or its ~ppllcation to any person or circurnstance, shall ever be held to be invalid or u~l by any court of competent jurisdiction, the remainder of ~i8 Agreement shall not be affected and shall continue to be enforceable in accordance wiLl, rm ten'rm. 10. Omi end Wit"mm ,a. nreement~. All oral or writ~n Agr~m~ ~ ~ PaCdas misting to the subject matter of this Agreement, which were developed prior to the execu'don of this Agreement, have been reduced to writing and am contained in this Agreement. 11. Immunity not Waived. No'd~ing in this Agreement is ii~tetm~l, nor may It be deemed, to waive any governmental, official, or other immunity or defense of any of ~ Partk~ or their officem, employees, repre~entaflvee, and eger~ as a result of the exec. ution of this Agreement and fl'~ performance of the covenante 12. Brea~. Any breach of this Agreement now or through rite term ~all mndor the Agreement null and void. 13. Notices. Any notice, cormepondence or payment made pursuant to this Agreement must be made by (a) depositing h'm same in the United Stet~ mall, ~ prepaid, addressed as follow~, or (b) delivering I~ same to the other Pmly. Any notice given in accordance with (a) shall be alUmiNa upon depoalt in the United States mail. and fl'~ addmaae~ of the Pmflea N~all, until changed by w,~=~ notice, be as follows: To the city: City of Corpus Christi City Manager P. O. Box 9277 Corpus Christi, Texas 78469-9277 dba c 7,; ', :,',' :' 14. Arne~me.~ or CotJnteroart~. This Agreement may not be amended except by written Agreement approved by fie a~ rep,.,~¢, dati~,'e~ of the Parties. This Agreement may be ex~xfmd in one or mom courd~mTmrl~, em=h af which shall be deemed an original and all of which shall ctmatltute but one and the same ir~rument. 15. CaolJons. Captions to provisions of this Agreement am for convenience and shall not be considered in the in~'pretetion of the provialorm. 16. Go~mir~ Law and Veaue. Thi~ Agreement ~hall be governed by l~e ~ of the Stat~ of Texas. The parl~a agree to comply with all applicable Fede~l, State and Local law~, rules, and regulation~, including all applicable housing ~ landlo~l tenant law~. Venue for an action a~ing under thi~ Agreement shall be in the courl~ of Nuec~a County, Texaa. 1 7. Anl~rov~l. All Parl~ ide, lJ~'~:l below agree t~ the prov~ak~$ and ~ of thi~ Agreement. dba The Oaaia CITY OF ",ORPUS CHRISTI By: ~.*,-_ Georgia(. Noe. City Manager J By: Li~a Aguilar Asa~;-nt City Attorney for Attorney 2OO5