HomeMy WebLinkAboutC2005-583 - 9/29/2005 - NA d~ ~E 0~~~
~e~, 5757 ~~ R~, ~ Chd~, T=, 7~14, ~OUSING
PRODDERS, a Te~ ~~n, a~ ~ C~ ~ C~s Ch~, Te~ (~
'C~'), a munl~l
WHEREAS, on September 2, 2005, the ofrme of the Govemor reque~ed Corpus
Chria'd's assistance to provide sheYmr to assist approximately 3,000 people who
were displaced as a msuit of Hurricane Katrina ("evacuees");
WHEREAS, approxtm.,~ly 400 evacuees mrnein housed in Corpus Christi
shelters:
WHEREAS, the evammes require housing;
NOW, THEREFORE, in coneidemUon of the mutual cow. ants In thia Agraement,
the City and fl'm HOUSING PROVIDER (each, the "Party') authorized by
appropriate actions of their governing bodies, agree as follows:
I Pumo~. The purpose of this Agreement ia for HOUSING PROVIDER to
provide housing to evacuees on rnch~U~to-morrb~ basis.
2 ~llitlee of the HOUSING PROVIDER.
A. HOUSING PROVIDER shall provide housing, and to the extent possible,
prowle furniture and utilities to evacuee~.
B. HOUSING PROVIDER may charge for deposit for evactme housing that ia
equivalent to the usual and ctmtomary amount charged other lessees.
C HOUSING PROVlDER shall bill the City monthly evacuee houelng
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 the
City with a c~py of the HOUSING PROVIDER expenditures and aupporlJng
documents on a weekly basis.
E The HOUSING PROVIDER agrees and acknowledges that the City shall only
reimbume the HOUSING PROVIDER'8 cosl~ if ~uch coats are deemed
reimbursable by FEMA. The HOUSING PROVIDER shall be r~po~Jble for all
co~ which are not m~mburaed to City by FEMA.
I H. %pl~ II I.td
F HOUSING PROVIDER agrees to provide City wffh at least 60 days advance
wnffen notice prior to initiating any attempt to remove any evacuee from housing
to allow CRy sufficient tine to either negotiate solution with HOUSING
PROVIDER or obtain alternative housing for evacuee.
G The Housing Provider shall offer hou~lng services at rates equivalent to other
lessor ratem in the same complex.
H Housing Provfl:ler may exercise its cuak;~rnary poaclea and procedures in
e~iglbllity determination, t~nant obligatlorm, and leasing not addmseecl by thb
3. ~i'd~ of the City
A. C~ agrees to compensate HOUSING PROVIDER for any aB3wable FEMA
co~.
B City ~ not liable for any co~[= not reimbursed to City by FEMA.
4. Imolementetlon. The City Manager and Manager for the HOUSING
PROVIDER am authorized and directed to take ell atel~ ~ry or
convenient to Implement this Agreement.
5. Warranty. This Agreement has been officially authorized by the governing
body of the City and the HOUSING PROVIDER, and each signatory to this
Agreement guarantees and warrants that the 8ignatory hoe furl authority to
execute this Agreement and to legally btnd their respective party to this
6. Administ3atNe Service~. The City and the HOUSING PROVlDER agree to
provide administmffve services necessary to coordln-b~ this Agreement,
including prodding the other party wi~ a currant list of corfa~ct Information for
7 Exoer~dina Funds. Any payment mede by the HOUSING PROVIDER or the
City for any of tim ccm'm or expenaam that either Incum pumuant to this
Agmernent shall be made out of currant revenues available to the pm/lng p~rty.
8. Term and Termination. Once approved by all Parlfee, this Agreement shall
continue for a initial term of three months. This agmernent may be ~ for
an additional throe montfl term if approved by the City of Corptm Christi This
Agreement may be termlnak~l ~ or wtthout cause by either party upon two
months w~-~an nolJce to the non-terminating party.
6. Sevemhilitv. If any portion of this Agreement, or its appllcaflort to any pamon
or drcurnatance, shall ever be held to be invalid or unce~a'aflJtJOflal by any court
of cotrll:)l~teflt juriadi(~, th(! rsfflsJnd~f of thru Agl'~8tllerlt shall not be affected
and shall continue to be eH;urceable In accordance v~ Its terms.
10. Oral and Wrtlten Anreemen~. All oral or written AgreerneiYm between the
Parties relating to the mJbJect matter of this Agreement, which were develol3ed
prior to the execution of this Agreemer~ have been reduced to writing and am
contained in this Agreement.
11. Immunity not Waived. Nothing in this Agreement is Intended, n~' may it be
deemed, to waive any governmer,~ul, official, or other immunity or defense of any
of the Par'des or fi'mir officers, employees, mpmae~'...iJvea, and agee~ ~s a re~JIt
contained in thru Agreement.
12. Breach. Any breach of this Agreement now or through the term shall render
~ Agreement null and void.
13. Notices. Any notice, cormaporxtence or payment made pursuant to this
Agreement must be made by (a) defloaltlng the same In the Unitad States mail,
postage prepaid, addressed as follows, or (b) delivering ltm same to the other
Party. Any notice given in accordance with (a) shall be effective upon deposit in
the United S~'ms mail, and the addresses of the Parties shall, until changed by
written notice, be as follows:
To the City.
City of Corpus Chdsfl
City Manager
P O. Box 9277
Corpus Christi, Texas 78489-9277
To the HOUSlN/~G..~,ROVIDER:
.
This Agreement may be executed in orle or mom co~n'mrpar'm, each of which
shall be deemed an original and all of which shall co~stib.~ but one and the
15. C,a~lJons. Captiorm to provisions of this Agreement am for conve~len<~ and
shall not be considered In the interp,-e~on of the provisions.
16. Govemir~ ~ and Venue. This Agreement shall be governed by the I~
of the State of Texas. The parties agree to c~ply wi~ all al:~llcable Federal,
State and Local lav~, rul~, and regulatk~, including all ap~llcable ho~.~ing and
landlord tenant laws. Venue for an action arising under this Agreement shall be
in the courts of Nueces Courffy, Texa~.
17
thru Agreement
~,rm~,m ii'7, '..,~ .,.,.
~-rinted Name: C, .~57l'~ 3-f',,,? c ..~. ~'- L
~: .. ~l .,J~'
A~oroval. All Partie~ ide[,L;rk~d bek~w agree to the provMIor~ and tem'm of
dba The O~
CITY O,F~,ORPUS CHRISTI
By:/; 2 " __
~. hk)e. City Manor
~:._ ~. ~ ~-
U~ ~ul~r ~
~m c~ A~
for City Afforney
2005