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