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Home My WebLink AboutC2005-638 - 11/15/2005 - NA~ . . ,:' r, .... ,h.. ,61.643-0681 p.3 Texas (the AClty@}, a mlJnlcipal corpomlton. WHEREAS, on September 2, 2005, t~e Olfice o~ the Governor requested Corpus Chr~sfi's aaa~tance to provide abater to egret approxlrnat~y 3,000 people who were displaced eo a result of Hurricane Katrlna WHERE_AS, approximately 400 evacuees remain housed In Corpus C_,hristl shelters; WHEREAS, the evacuee~ require ho~Jaing; NOW, THEREFORE, In ~oneideraflon of the mutual ~ovenartta In ~h~ the City and the HOUSING PROVIDER (each, the 'Pmrty') authorized by appropriate a~ of their governing bodlee, agree aa k3ws: 1 Puro~ae, The purpoa~ of this Agreement is for HOUSING PROVIDER to ~ovide housing to evacuees on mo~ basis. 2 Re~oonaibllitlea of Ih~ HOUSING PRDVIDI=R. A. HOUBING PROVIDER shall provide housing, and to the extent poe~ble, I~mvide furniture ~ u~l~tle~ to evacuees. B. HOUSING PROVIDBR may charge for deposit for evacuee rmuslng that Is equivalent to the ueual and customary amount charged other lessees. C HOUSING PROVIDER ~nalt bill the City monthly evacuee housing cce'm which are deemed allowable for re~rnbumerne~t by FEMA. ':3 The HOUSING PROVIDER agrees to record It~ exper~litures under this Agreement on a regular I)aeim. The HOUSING PROVIDER agrees to p~ovlde the City with a copy of the HOUSING PROVIDER ~xpendlturee and supporting docurnen~ o~ a weekly basi~. E The HOUSING PROUDER egreem and acknowledges that the City shall only ramburse ~he HOUSING PROVIDER'e costs If euch coa~ am deemed reImbursable by FEIMA The HOUSING PROVIDER shall be re~lX)nllble for ocsts which are not relmbumed to City by F. HOUSING PROVIDER agrees to provide City with at lee~t 60 days advance written notice prior to Initiating any attempt to rmm3ve any eva~3uee from housing I !/!~0~ F HOUSING PROVIDER agrees to provide City wfth at least 60 days advance written notice prior to initiating any ,ttern~ to remove any evacuee from houalng to allow City aufflclent time to either negofla~ ao~ution with HOUSING PROVIDER or obtain elernatlve houNng for evacuee. (3 The Housing Provider ,hell offer ho~elng eervlcea et rafl~e equivalent to other lessor ~a~ in the ~an'~ complex. H Hou~ir~g Providerrnayexerobebcustornarypoil~andprocedureeln ekglbillty determination, tenant obllgaliona. ~ leaeln~ not addreeeed by thl~ i~gre~m~lt 3. Resoonall311itlee of ~ Cltv. A. C~ty agrees to corn~ena~ HOUSING PROVIDER for any allow~3~ FEMA B City ia no~ liable for any coa~ not reimbursed to City by FEMA. 4. Im~ement~ion, The City Manager and Manager for the HOUSING PROVIDER are authortaed end directed to take ail stepl necessary or convenient to implement this Agreement. 5 Wan'anN. Tht~ Agreement hae been officially a~thorlzed by the govemlng body of the City end the~OUSING PROVIDER, and eacft algrtatory to thta Agreement guaranteee and werranl~ that the .igna~3ry ham full auUx:)rlty to execute thl~ Agreement and to legally bind t~telr re~3ecflve party to thl~ Agreement. 6 /S. dminletmtlve Services. The City and the HOUSING PROVIDER agree to provide admlnlatrath~ eervtcem nece~aary to coordinate thl~ Agreement, ~ncludlng provlcllng b~e olher party with a current list of contact Info~'f~atlon for each party. ?. l=xm~cllr~ Funds. A~y payment mede by the HOUSING PROVIDER or the C~ty for any of the coats ar expeneee that eithe~ Incura pursuant to tt~ Agreement .hall be made out of current revenue~ available to the paying party. 8. Term -ncl Terminalion. Once app~ved by all Partk~, this Agreement ~nall :ortinue for an initial term of three montha, lllla agreernerlt may be exterlded for an additional th~c mortth term If approved by the City of Corpus Chrl.fl Thi~ Agreement may be terminated with or without cause by all, er party upon two months wdtten notice to the non-terminating party. g. Severebll~. If any portion of this Agreement, or Its appilcatl0~n ~ any person L~ circumstance, shall ever be held to be I~vaJld or un~onsttb. Jtional by any co,Jrt i ot competent jurlsdlcl~o~, the remainder of this Agreen~nt shall not be affected and shall contlque to be e.i~urcsable In accordance ~ Its terms. 10 Oral and Written A..lreer~nte..adl omi or wrtflan Agreements between the Parties r~atlng to the m~oJec~ matter ot' thb Agreement, which were c~n,,~ioped prior to the execution of this Agre~rm~lt, have been recluced to writing and are c~mtamed In th~a Agreement. 11. ~mmunltv n~ W-N~cl. Nothing I~ this Agreement I, intended, nor may It be deemed, to wane any governmental, ofllclaJ, or oU'~r Immunity or defense of any of the PerUse or their offlcm's, employees, repreeentatJvee, and agei-,bi aa a result of the execution of this Agreement ar~ the parrot'hence of the ~ovenan'm contaipm:l ~n this Agreement. 12 ~ Any breacLq of tl'~ Agreement now or through t~e term ahall render the Agreement null end void. 13 ~oticee. Any notice, ~enoe or payment made pumuant to this Agreement must be made by (a) depoat~ng t~e em'ne In the United 8tate~ mall, postage prepaid, addreeaecl aa follows, or (b) delivering the same to the other Pad~, Any noUce given In accordance with (a) shall be effecUve upon deposit In the United States mall, and t~o addree~e8 of the Partiem shall, until changed by written notice, be ae follow"a: To the City: City of Corpus Christi c~ Manager P. CL Box 9277 Corpus Chdstl, Texas 78469-9277 VIDER: At'tn: Apartment Manager Apeub~ Ce~ltl, Texas ,Nlti~ ::opy 14 AmerK:lment~ or Countemarta. This Agreement may not be 8rner~ed except by .,iUen Agreement approved by the a~ repre~ent.~Gvee of the Parttee. This Agreement may be executed In one or more courlte~pllrl~, eaC~l o~ which shall be deemed an original and all of which ~hall constra, ne t~rt one and the same instrument. I 1 5. CaoUona. Captions to provi~iofla of thl. Agreement are for convenience ana~ not be considered in the Intm'prelation c4the i:m3v~lo~. 16 Oovemlrm Law ar~l Venue. This Agreement shall be govemed by the lawe of the Stat~ ~ Texam. The parllea agree to comply with all applicable Federal State and Local laws. mlea, and regutatlona, including all applicable housing and landlord tenant laws. Venue for an action arising un~l~ thll Aeieement atmll be in the oc~jrl~ of Nueces'County, TS. ~ HOUSING By:' Name. Date Approved aa to legal form: Assistant City Attz:Wl"~ for C~j Attorlqey