HomeMy WebLinkAboutC2005-648 - 11/28/2005 - NAAGREEMENT WTII-I CORPUS CHRI~R RIVER ~QUARE dba
RIVER SQUARE APARTMENT HOMES
This Agreement (the "Agreement") la between Corpu~ Christi River Square dba
River Square Apa, b,~nt Homes located at 10342 River Run Blvd., Corpua
Christi, Texas 78410, ('~-IOUSING PROVIDER"), a Texas corpora'don, and the
City of Corpus Chrlatl, Texas (the AClty@), a munldpal corporation.
~ dl~olaced as a reau~ of Hurricane Katrlna (~vacuee~");
WHEREAS. approxlmuE~ly 400 evactmes remain housed In Corlxm Christi
sheltem;
WHEREAS, the evacuee~ require housing;
NOW, THEREFORE, In consideration of the mutual cover~ In this Agraemeat,
Ifm City and the HOUSING PROVIDER (each, ~ 'Party') authorized by
approl:~a~ actions of lhelr govemlng bodies, agree as follows:
1. Puroo~e, The purpose of ~ Agmemerrt la for HOUSING PROVIDER to
provtde housing to evacueea on month-to-m(x~ basis.
2. Re~K~bllltl~ of lhe I-IO~SlNG PROVII~R.
A. HOUSING PROVIDER ~ provide housing, and to b%e extent ix~atble,
pmvtcle furnttum and utllltk~ to evacuees.
B. HOUSING PROVIDER may cha~e for deposit for evaoJee housing that
equivalent to the usual and customm7 amount charged other lea~x~.
C. HOUSING PROVIDER a~all bill the City monthly evacuee ~ costa
which am deemed allowable for relmbumement by FEMA.
D. The HOUSING PROVIDER agrees to recoil ~ expe~lture~ under l~la
Agreement on a regular basis. 'The HOUSING PROVIDER agrees to ~ the
City with a copy of the HOUSING PROVIDER expenditures and supporting
E. The HOUSING PROVIDER agrees and a~.no~edge~ that the City shall only
mimbume ~ HOUSING PROVIDER'a costs If such coat~ am deemed
reimbursable by FEMA. The HOUSING PROVIDER ~'mll be reapor~b~ for all
~ which am no{ relmbumecl to City by FEMA.
¢orpus Christi Rher Square
F. HOUSING PROVIDER agrees to pmvk:le City with at least 60 clay~ advance
written notice prior to Initiating any attempt to mrnove any evacuee from hex. ming
to allow City ~dllclent time to either negotiate solution w~th HOUSING
PROVIDER or obtain alternuUve housing for evacuee.
G. The Housing Provider shall offer housing services at rotes equivalent to other
leemor rates In the same complex.
H. Housing Provider may exercise ~ customary policies and pmcsdum~ In
eligl~llty determination, tenant obligations, and leasing not addrmmed by this
3. Rea~xl~ of lhe City.
A. City agrees to compensate HOUSING PROVIDER for any allowable FEMA
B. C~y Is not liable for any costa not reimbumed to City by FEMA.
4. Im~mentatlon. The City Manager and Manager for the HOUSING
PROVIDER am authorized and directed to take all ~ neceaaary or
5. Win'rarity. '1'hleAgmen'x~'[tl'Ma~ been ofllchdlyauthorlzed byb"m0ovemk'q;i
body of the City and the ~ING PROVIDER, and each signatory to this
A,gmernent guarantees and warrants that the signatory has furl authorlky to
execute fide ~ and to legally bind their respective party to lhla
§..N:lmlrd~raflve Services. The City and the HOUSING PROVIDER agree to
provide adrnlnlatratlve ~vtces ~ to coordinate this Agreement.
including providing the other party wtlh a currant list of contact I,~',:~'matlon for
7. Fxaefldlrta F,-'K:Ie. Any payment made by the HOUSING PROVIDER or the
City for any of the co~l~ or experme~ that either Incum pumuant to th~
8. Term and Terrnlnatlon. Once approved by all Parties, fi'ds Agreement .hall
co~nue ~tll February 28, 2006. This agreement may be extended for an
9. Sevem~lltv. If any portlofl of lflla Agreement, or Its 8ppllcaflon to any person
or circumstance, shall ever be held to be Iflvalld or uncormtlbJ~nel by any court
2
10. Om~ and W~T'm~ Anmemen'm. All omi or vnT'u~n Agreements between the
Psrtles relating to the subject matter of this Agreement, which were developed
cordalned In this Agreement.
~ 1. Immunlt'v not WaNed. Nothing In b~la Agreement is Inter~l~, nor may It be
deemed, t= wane any governmental, offic~l, or other Immunity or cle~rme of any
of the Parties or their officers, employeee, refx1~e~cath~s, and age.s aa a ~
12. Breach. Any breach of tflt~ Agreement now or through the term ~bail render
the Agreement null and void.
13. Notices. Anynotice, correaporxlerx~ or payment made pumuant to thla
Agmeme~ rnu.t be made by (a) depositing the same In the United Sta'em mall,
postage pmpald, addressed as follows, or (b) deaverlng the aame ~ the other
Party. Any notice given In accordance vdth (a) shall be elfectNe upon delx:~it In
the United Statee mall, and the addmsaes of the Parties ahall, until changed by
P. O. Box 9277
Corpus Christi, Texas 78469-9277
To rite HOUSING PROVIDER:
River Square Aparlmem Homes
10342 laJver Run BI~.
Corp~. Christi. Texas 78410
14. ,N~r~l~or C~untemarm. Thks.NF~eme~may no~ be amer,:led excep~
This ~ may be executed In one or mom counteq:mr~ each of which
shall be deemed an original and all of which ahal cormtitute bu~ o~m and the
16. Go~ernlnu I -w and Veftue. This Agreement ahall be governed by ~ laws
of the State of Texas. The parties agree to comply with all applicable Federal,
S~te and Local laws, rules, and regulations, Including all applicable houalng and
landlord tenant laws. Venue for an action arising under this Agreement ~ be
in the courts of Nuece~ County. Texas.
HOUSING PIp~VJQER
S r.,d
Name: ..~.,, ! ~-. '! ~:1~ [',',
mllJe (,iL',l-I :
Lisa Agullar {'.,)
for Glty Attorney