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HomeMy WebLinkAboutC2005-582 - 9/29/2005 - NAT~I~ Ag.~ne~t~ (the "AgmenTent") ia made between Apartments 8182 Misty Meadow, Corpus Christi, Texas, 78414, ("HOUSING PROVIDER'), a Texas corporation, and the City of Corpus Christi, Texas (tt~e 'City", a municipal corporation WHEREAS, on September 2, 2005, the Office of tt~e Governor requealed Corpus Chriati's aaaiibince to provtde shelter to assist approximately 3,000 paof~ who were diaptacecl aa a result of Humcane Katrina ("evacuees"); WHEREAS, approximately 400 evacuees remain hou~cl in Corpus Christi shelters; WHEREAS, ~ evamJeea require housing; NOW, THEREFORE, in considerafdon of the mutual coverm~qb~ In thb Agreement, the City and ~ HOUSING PROVIDER (each. ~ 'Party') autfmrtzed by approt3date actions of their governing bodies, agree as follows: I Puroose. The purpose of this Agreement ia for HOUSING PROVIDER to provide housing to evacuees on month-to-month basis. 2. ResoonNbilittes of the HOUSING PROVlDFR. A. HOUSING PROVIDER shall provide housing, and to the extent poa~3le, provide fumiture and ~lltle~ to evecuee~. B HOUSING PROVIDER may charge for deposit for evacuee housing ~at ia equivalent to tt~e usual and customary amount charged other lesseee. C HOUSING PROVIDER shall bill the City montflly evacuee housing coats which am deemed allowable for reimbursement by FEMA D The HOUSING PROVIDER agree~ to record its expendlture~ under ~ia Agreement o~ a regular basis. The HOUSING PROVIDER agrees to provide the City witfl a copy of the HOUSING PROVIDER expenditures and supporang docume.la on a weekly basis E The HOUSING PROVIDER agrees and adxnow(~dgea that the City shall only reimburse the HOUSING PROVIDER's costs if such costs am deemed reimbursable by FEMA. The HOUSING PROVIDER shall be reapone4ble for all co~b~ which are not reimbursed to City by FEMA. i' (' Por~ i rd F HOUSING PROVIDER agrees to provtde City with at least 60 day~ advance wT,'mn notice prior to init~g any attempt to remove any evacuee from housing to allow City sufficient time to either negotia~ solution with HOUSING PROVIDER or obteln alternative houNng for evacuee. G. The Housing Provider shall offer housing servic~ at rates equlvalerff to other lessor ,.,~ in the same cornptex H Housing Provider may exercise its customary policies and procedures in eligibility determination, tenant obligations, and leasing not addm~md by this agreement 3 Responsibil~ of the City. A City agrees to cornpensate HOUSING PROVIDER for any allowable FEMA costs. B City ia not liable for any coa~ not reimbursed to City by FEMA. 4. Imvlementation. The City Manager and Manager for ~ HOUSING PROVIDER are authorized and direc~d to take all steps necessary or convenient to implement this Agreement. 5 Warranty. This Agreement ha~ been officially au~orized by the governing body of the City and the HOUSING PROVIDER, and each signatory to this Agreement guarantees and warrai~[~ lftat the signatory hes full authority to execute this Agreement and to legally bind their respective party to this Agreement. 6. Admmi~ative Services. The City and ~ HOUSING PROVIDER agree to provide admini~lnatlve services necessary to coordinate this Agreement, including providing the other party with a currant list of contact infc..~don for e~ch party. 7 ~in~ Fund~. Any payment made by the HOUSING PROVIDER or the City for any of the coat~ or expenses that either incum pursuant to this Agreement ~hall be made out of current revenues available to the paytng 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 Corpus Christi This Agreement may be termina~:l with or without cause by either party upon two months w~n notk~ to b'~ non-terminating party. 9. Sevembllltv If any portion of this Agreement, or its application to any person or circum~tence, shall ever be held to be Invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affex=lz~ and shall continue to be enforceable in accordance with its terrr~. 10. Oral end W,~.,,~n Al~reem. All oral or written Agraeme,,[= between the Pm relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to wlflng and ars contained in this Agreement. 1 1 Immunity not Waived. Nothing in this Agreement is intended, nor may It be deemed, to waive any governmental, ofl~al, or other immunity or defense of any of Ifm ParlJe8 or their ~, employees, repreaeniaG~e8, and egerd= as a reault of the execution of this Agreement and the performance of the coveflam 12. B~ch, Any breach of this Agmemeflt now or through Uae term shall render the Agreement null and void. 13. Notiqes. Any notice, correspondence or payment made pursuant to this Agreement must be made by (a) de~ceitlng the sam in the United States mail, postage prepaid, addressed es follows, or (b) delivering the same to the other Party. Any notice given in accordance with (a) ahall be effective upon deix~it In the United States mail, and the addresses of the Parties shall, until changed by To the City: City of Corpus Christi City Manager P. O. Box 9277 Corpus Christi, Texas 78489-9277 14. Amendmen~ or Counlem. This Agreement may not be amended except by written Agreement approved by the authorized representatives of the Pm. This Agreement may be executed in one or mom counterparts, each of which shell be deemed an original and 811 of which shell constitute but one and the same instrument. 15. Cap'do~s. Captions to provisions of this Agraement are for convenience and shall not be considered in the b~,rpretaflon of the provisions. 16. Goveming Law and Venue. This Agreement shall be governed by the ~ of the State of Texas. The partie~ agree to c~xnply with all applicable Federal, State and Local law~, rules, and regulations, including all aPl~lcable ho~Nng and landlord tenant law~. Venue for an aclJon arising under this Agreement at.all be in the court~ of Nueces County, Texas. 17. Approval. Ail Parties identified below agree to the provisions and terms of dba Kingston Port CITY OF CORPUS CHRISTI , City Manager Approved as to legal form' Lisa Aguilar ._.../ Aaa~nt C~y Attorney for City Attorney 2005