HomeMy WebLinkAboutC2005-649 - 11/28/2005 - NAAGREEMENT WITH PORTSIDE VII.I.A~
This Agreement (the "Agreement") is between Portstde Villas k3cated at 270~
Hwy 361, Inglealde, Texas 78382, (~HOUSING PROVIDER"), a Texas
corporation, and the CAy of Corpus Chrlatl. Texas (bhe AOlty~), 8 mtxdctpal
corporation.
WHEREAS, on Sepk~nber 2, 2005, the Office of the Governor requested Corpus
Chrl~J's a~stance to provkle shelter to a~lst approxJmatety 3,000 people who
were dl~4aced as a meult of Hurricane Kubina ('~evacuees");
VVI-IEREAS, approximately 400 evacuees remain housed In Corpus Christi
shea~ra;
WHEREAS, ~ evacuees require housing;
NOW, THEREFORE, In cortalderatton of ~ mutual covenant~ In ~ Agmeme~
the City axl the HOUSING PROVIDER (each, ~ 'Party') authodzed by
~. Pug3o~, The purpose of this Agreement ia for HOUSING PROVIDER to
provide houalrtg to evacuees on rno. U,-to-nxmth basis.
2. Re~3o~bi~ ofth~ HOUSING PROVIDFR.
A. HOUSING PROVlD~R shall provide hou~'~g, and 10 the extent
B. HOUSING PROVIDER may charge for deposit for evacuee housing that Is
equivalent to the usual and cu=~umary amount chaq;~d other leaeeee.
C. HOUSING PROVIDER shall bill the City monthly evacuee housing coal~
which am deemed allowab~ for reimbursement by FEMA.
D. The HOUSING PROVIDER agrees to record Es expe~ltums under this
Agreement on a regular basis. The HOUSING PROVIDER agrees lo ~ the
City with a copy of the HOUSING PROVIDER exper~lltur~ and ~pporlJng
documents on a weekly basis.
E. The HOUSING PROVIDER agrees and acimowfe~es that the City ehall only
reimbume the HOUSING PROVlDER'a co~= If such costs am deemed
reimbursable by FEMA. The HOUSING PROVIDER N~all be reapor~b~e for all
coats which am not reimbursed to City by FEMA.
F. HOUSING PROVIDER agrees to provide City wlth at least 60 days advance
written notice prior to Inltlatl~ any attempt to remove any evacuee from housing
200~649
11/28/05
Portlidr ~ ilia,,
to al~w City sufficient time to e~ther negotiate solution wtth HOUSING
PROVIDER or obtain alternative housing for evacuee.
G. The Housing Provider shall offer housing services at rates equivalent to other
lessor ra'~ in the same complex.
H. Housing Provider may exercise Its cuslornary pollcte~ and procedur~ [~
e~iglbillty de~'mlnatlon, tenant obligations, and leasing not addremmd by this
3. Reeoo~ of Ihe Cltv.
A. City agrees to compenaa~e HOUSING PROVIDER for ally allowable FEMA
B. City la not liable for any costa not mlmbumed to City by FEMA.
4. Im,,lemenm~n. The City Manager and Manager for the HOUSING
PROVlDER am authortzed and dlrec~d to take all steps neceaaary or
5. WmTantv. This Agreement has been officially autttorlzed by the governing
body of the City and lhe HOUSING PROVIDER, and each signatmy to ~
Agreement guam ar.:l wa~am that the signak>ry has full authority to
6. P, clrnlnl~n~lve Service. The City and the HOUSING PRO~DER agree to
provide admlnl=[,ai;ve services tory to coordinate ~ Agreement,
indudlng prov~:llr~ the other party with a currant list of contact h~r..,,,dtlon f~r
7. F=nendlrlg Fund~. Any payment made by the HOUSING PROVIDER or the
City for any of the costs or expenses that eltJ~er Incum puraua~ to this
8. Term and Tefminalion. Once approved by all Parties, this Agreement shall
continue mtll February 28, 2006. This agreement may be extended for an
additional three month term If approved by the CRy of Corlxm Chrls8 This
monism written notice to b"m nomtermlnatlng party.
9. Sevembilltv. If any portion of this Agreemer~ or Its application k) any pemon
or ct~nce, shall ever be held to be inva#d or ~l by any co~t
o~ competent Jurladlctk)n, lhe remainder of fl'~ Agreement shall not be affected
and shall continue to be enforceable In accordance vv~th Its terms.
10. Omi ~ W~T'~rl ,zu-~merrtents. Ail oral or w~'u~,n Agreements ~ ~
Pa~ ~ ~ ~ ~ ~ ~ ~ ~~, ~ ~m d~
~r to ~ ~n ~ ~ ~~ ~ ~ ~ ~ ~ a~ am
~.~i~ ~ ~ ~~.
11. Irnmunitvrx~tWalv~l. NothlnglnthlsAgreementlsintended, normayltbe
deemed, to wal~s any governmental, official, or other Immunity or defenae of any
of t~ Parties or lhelr officers, employees, ref)mseffel~, and agents as 8 result
of the execution of Ibis Agreement and the per~[,~ of the coveflerffn
con[alned In this Agreement.
12. Breach. Any breach of Ibis Agreement now or It~rough lhe term shall render
the Agreement null and void.
13. Notices. Anynotlce, cormspondence or payment made pursuant to lbls
Agreement must be made by (a) delx~dng the ~ame In the Unre~l States mat
postage prepaid, addressed as follows, or (b) delivering the same t~ the olher
Party. Any notice given i~ accordance with (a) shall be effective upon del:x~t In
the United S',-k~s mall, and the addresses of the Parties shall, until changed by
w~'~n rtotlce, be es follows.
Tothe City:.
City of Corpus Christi
City Manager
P. O. Box 9277
To the HOUSING PROVIDER:
Porl~de Villas
Altn: Apartment Manager
27O6 Hwy 361
Ingleside, Texas 78362
shall be deemed an original and all of which shaft const~ute but 0ce and the
same Insl]~nent.
15. c'-~etlor~. Captions to pmvtslons of this Agreement am for convenience and
shall not be considered In the Interpretation of the provislor~.
16. GoverrHr~ L,,w -nd Venut ~ Agre~r~ shall be gov~ned by the laws
of the Sta~ of Texas. The parties agree to comply with all applicable Federal,
State and local laws, rules, and regulations, Including all apFHIcable housing and
landlord tenant law~. Venue for an action arlstr~ under this Agreemeat shall be
in the courts of Nueces County. Text.
17 ,~,noroval, All Parl~s Identlfi~ below agree to the provisions and terms of
thi~ Agreement.
HOUSING PROVE~R
Name..~ q- -;'~'I:~ '
Approved as to legal form:
CITY OF CORPUS ~flRJSTI ~