HomeMy WebLinkAboutC2005-608 - 10/10/2005 - NAAGREEMENT WITH .[I*~IOU$1NG P**I~O .I~DER~]
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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