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HomeMy WebLinkAboutC2005-671 - 11/30/2005 - NA AGREEMENT WITH WD SPORTS TEXAS, INC. dba CORPUS CHRISTI RAYZ fhls Agreement (the "Agreement..) is made between WD Sports Texas, Inc. dba Corpus Christi Rayz ("Contracto(l, whose address is 1901 N. Shoreline, Suite 300, Corpus Christl. Texas, 78403, and the City of Corpus Christi, Texas (the "City"), a municipal c;orporatlon WHEREAS on September 2 2005, the Office of the Governor requested Corpus Christi's assistance to provide shelter to assist approximately 3,000 people who were displaced as a result of Hurricane Katrina ("evacuees"): WHEREAS, the City and Contractor previously executed a lease which allowed Contractor the use of the City-owned Memorial Coliseum for Contractor's professional hockey team purposes: WHEREAS the Contractor removed its ice hockey rink and associated equipment from the Memorial Coliseum to allow the City to utilize the Memorial Coliseum as a temporary emergency shelter for the Hurricane Katrina evacuees, and in doing so, Contractor Incurred certain costs which may be reimbursable under FEMA guidelines; NOW, THEREFORE. in consideration of the mutual covenants in this Agreement, the City and the Contractor (each, the "Party") authorized by appropriate actions of their governing bodies, agree as follows: 1 Pu rpose The purpose of this Agreement is to document services provided by Contractor and costs incurred by Contractor in the expedited preparation of the Memorial Coliseum as a City shelter 2 Responsibilities of the Contractor: A Beginning September 2, 2005, Contractor agreed to and allowed the expedited removal of its ice rink and associated equipment from the Memorial Coliseum to allow the building to be used as a City shelter. B Beginning September 2,20005, Contractor stored certain equipment off site to allow sufficient room for the evacuees in the Memorial Coliseum C Beginning September 2,2005, Contractor provided labor to assist with the expedited removal of the ice rink and equipment 3 Responsibilities of the City. A City shall submit Contractor's requests for reimbursement for services provided under this Agreement to FEMA. B City agrees to compensate Contractor for allowable FEMA costs. 2005-671 I ] /30/05 WD Sports Texa~ r.h, '<::: ,-"..~.. I;~hl~ ~,..."". a.....'d -,.....<::..~ ~,...,,+ "'Q~r<r1b' !r~orl .,..... rihf h" t='J="vlA ,"-,,' ' \, Y ...., ,j t ,,'._.of '".'" ''''' -, y "" t". ' ' ,_' " '...__,' ".' ".-, " ,. -' , I) "_')' I , , 'of Implementation The City Manager and General Manager for the Contractor are '::1uthoriz6G and uii eeled 1, tar..e all Sleps necessai y 01 CC.Jfllier "ent to Implement this u.greement Warran.'.' Th'~~g"0e'"'"'e""~ ~8S hop..... ")fficia!!y iluth")r;zed bv the governing body of the !ty and the Contractor, and each signatory to this Agreement guarantees and warrants flat the signatory has full authority to execute this Agreement and to legally bind their c:;spect,vf:- iJany lU ,'i,S A':'Iree, lib Il Admlnist[atly'!?~~[VIC:;:!?S The \,Itv and the Contractor agree to provide administrative ::.ervices necessary to coordinate this Agreement. including providing the other party with a urrent list of contact Information for each party Expend';q F:...;.....cs<\n: ps:.men+ ~?rle by t~e r::mtractor 0" the City for any of the costs x expenses that either Incurs pursuant to thiS Agreement shall be made out of current evenues available to the pay'ng party ::' Severabili!Y If any portion of thiS Agreement, or Its application to any person or 'lrcumstanr.e ShRII ever he held tn he invalid nr unconstitutional by any court of competent 'l.jrlsdictlor the remainder of this Agreement shall not be affected and shall continue to be 8nforceable In accordance With Its terms Oral and Writter" Aqreener+s ~"~r2' 0" \Vritterl\greemer+s between the Parties 'elating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement have been reduced to writing and are contained in this "yreelTien 'n Imf!lunltyD2.L'yy~yed Nothing In thiS Agreement is intended nor may it be deemed, to waive any governmental, official. or other immunity or defense of any of the Parties or tnelr officers, employees, representatives, and agents as a result of the execution of this ,,, gr-eemnr' 'lrrl th", ")prfo''11ar''E' ,."f +h", "o\!nnont<= "'ontained ;..... this Agreement 1 Breacli Any breach ,.)f thiS Agreement now or through the term shall render the ,"",yreemen, ,1UI, 01 iO ",':/10 ? Not~ces Anv nohr.e corresnondence or navment made pursuant to this Agreement 'nust be made by (a) depositing the same in the United States mail. postage prepaid, addressed as follows. or !b) delivering the same to the other Party. Any notice given in '~r-cordanc0 with \ sral! 'Je SUerf"iS ' :pon deoos.t 'r the United States mail. and the addresses of the Parties shall until changed by written notice. be as follows: T,.,. the (',t, City of Corpus Chr.stl C It )I Manager [> r, D~" (),)77 L:\.,'^ Corpus Chnstl Texas 78469-9277 "'..--, tre t'o'....+ractrr WD Sports Texas. lnc dba Corpus Chnstl Rayz Attr; General Manager 3G; N. Snoreline, 3Uitci 30G Corpus Chnsti Texas 78403 '? Amendments 'Jr Cou'lterparts Th,S Agreement may not be amended except by vvntten Agreement approved by the authorized representatives of the Parties. This Agreement may be executed In one or more counterparts, each of which shall be deemed .:::Ii) ongii la, ana ail 01 vvniC!l snail consiltute but onci and tne same instrument. , 4 Captj()rl~ C8pt1ons tn prnvisions nf this Agreement are fnr convenience and shall not ae considered in the interpretation of the provisions i h GO\.'ernrnq Lav\' ard Venue Th'si\,greement sha!' be gm'erned by the laws of the State of Texas Venue for an action ansing under this Agreement shall be in accordance Nlth the Texas Rules of Civil Procedure '6 Approval All Parties Identified below agree to the provisIons and terms of this Aoreement VVD Q" Date --,*1 (8 CITY OF OORPUS CHRISTI ~.-.. Q,/ i \ ) Ie (, George ~: ~oe, City Manager---- D8+e \ 1-3a{)~\ '\ Doroved '"'1<:; to 10g81 hr...... tJov. 3<.) 2'l()c; , ~,~aA;'~ ~ Assistant CIty Attorney fnr City Attornev