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HomeMy WebLinkAboutC2005-608 - 10/10/2005 - NAAGREEMENT WITH .[I*~IOU$1NG P**I~O .I~DER~] ^ccesstble ~ous~-n8 ~esources, Thc. This Agreemem (the "Agreement") ,s mbde between [HOUSING PROVIDER] ("HOUSING PROVIDER"). a Texas corporation, and the City of Corpus Christi, Texas (the ,~,City~), a municipal corporation WHEREAS, on September 2, 2005, the Office of the Governor requested Coq~s Chdsfl's assistance to provide shelter to assist approximately 3,000 people who were displaced as a result of Hurricane Katrina ("evacuees"); WHEREAS, approximately 400 evacuees remain housed in Corpus Christi shelters; WHEREAS, the evacuees require housing; NOW, THEREFORE, in consideration of the mutual covena~ in this Agreement, the City and the HOUSING PROVIDER (each, the 'Party') authc,~-~d by appropriate actions of their governing bodies, agree as follows: 1. Purpose. The purpose of this Agreement Is for HOUSING PROVIDER to provide housing b3 evacuees on month-b3-morrb'3 basis. 2. Res,oonsibillfie~ of the HOUSING PROVIDFR. A. HOUSING PROVIDER shall provide housing, and to the extent pcesibie, provide furniture and utilities to evacuees. B. HOUSING PROVIDER may charge for deposit for evacuee housing tflat I~ equivalent to the usual and customary amount charged other lessees. C. HOUSING PROVIDER shall bill the City monthly evacuee housing costs which are 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 copy of the HOUSING PROVIDER expenditures and supporting docume~ on a weekJy basis. E. The HOUSING PROVIDER agrees and acknowledges that the City shall only mimbume the HOUSING PROVIDER's coa~ if such co~ are deemed reimbursable by FEMA. The HOUSING PROVIDER shall be responsible for all c~ which are not reimbursed to City by FEMA. F. HOUSING PROVIDER agrees to provide City with at least 60 days advance written rx3tice prior to initiating any attempt to remove any evacuee from housing IO/lO/O~ 1 ~cce.udble Ho~,ing RHonrces to allow City sufficient time to either negotiate solution wl[h HOUSING PROVIDER or obtain alternative housing for evacuee. G The Housing Provider shall offer housing services at [utes equlvalerrt to other lessor rates in the same complex. H Housing Provider may exercise its cuskT~mary polide~ and procedures In eligibil~y dete..ination, tenant obligatJons, and leasing not addressed by this agreement 3. ResoonslbililJes of the City. A City agrees to compensate HOUSING PROVIDER for any allowable FEMA costs. B CIt'v is not liable for any cosLs not reimbursed to CEy by FEMA. 4. Implementation. The City Manager and Manager for the HOUSING PROVIDER am authorized and dlractad to take all steps necessary 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 signatory has full authority to execute this Agreement and to legally bind their respeclNe party to this Agreement. 6. Administrative Services. The City and the HOUSING PROVIDER agree to provide administrative services necessary to coordinate this Agreement, including providing the other party with a current list of contact Info,',~atlon for each party. ?. ExDendln~ Funds. Any payment made by the HOUSING PROVIDER or the City for any of the cost~ or expenses that either Incurs pursuant to this Agreement shall be made out of current revenues available to rite paying party. 8 Term and Termination. Once approved by all Parties, this Agreement shall continue for a initial term of three rnonths. This agreement may be extended for an additional three mon~ term If approved by the City of Corpus Christi This Agreement may be te.~31nated with or without cause by either party upon two months written notice to ~ non-terminating party. 9 Severabilitv. If any portion of this Agreement, or Its application to any person or circumstance, shall ever be held to be Invalid or unconsfltutk)nal by any court of competent jurisdiction, the remainder of this Agreement shall not be affected and shall continue to be enforceable In accordance with Its terms. 10. Oral and W,lllen Ac3reements. All oral or written Agreeme~t= between the Parties relating to the subject matter of this Agreement, which were developed prior to b~e execution of this Agreement, have been reduced to writing and are contained in th~s Agreement. ~ 1. Immunlb/not Waived. Nothing in this Agreement is intended, nor may It be deemed, to waive any governmental, official, or other Immunity or d~'ense of any of the Parties or their officers, employ~,~,, representatives, and age.la as a result of the execution of this Agreement and the performance of the covenants contained in th~s Agreement. 12. Breach. Any breach of this Agreement now or through the term shall render the Ag~,.cment null and void. 13. Not~ces. Any notice, correspondence or payment made pursuant to this Agreement must be made by (a) depositing the same In the United States mall, postage prepaid, addressed as follows, or (b) delivering the same to the other Party. Any notice given In accordance with (a) shall be e~llee upon deposit In the United States mail, and the addresses of the Parties shall, until changed by wrlttan notice, be as follows: To the City: City of Corpus Christi City Manager P. O. Box 9277 Corpus ChdstJ, Texas 78469-9277 To the HOUSING PROVIDER: Acce~ible Housing Resources, ]nc. At~: David Walker, President Corpus Christi. Texas 78401 14. Amendments or Countemarts. This Agreement may not be amended except by written Agreement approved by the authorized representatives of fits Parties. This Agmcment may be executed In one or more counterparts, each of which shall be deemed an original and all of which shall consif~te but one and the same instrument. 15. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered In the interpretation of the provisions. 16. Govemina Law and Venue. This Agreement shall be governed by the laws of the State of Texas. The parties agree to comply with all applicable Federal, State and Local laws, rules, and regulations, Including all applicable housing and landlord tenant laws. Venue for an action arising under this Agreement shall be in the courts of Nueces County, Texas. 1 ?. Apm'oval. All Parties identified below agree to the peoviaions and terms of this Agreement. HOUS IIt~..l~R By: ~--_~. Name ]~av;Ld Title: D~e; Sept, 20, 20o5 CITY OF CORPUS CHRISTI By:. Date: '.', Approved as to legal form. Lisa Aguilar ~ ,~tstant City Attorney for City Attorney ~,,r 2-;' , 2005