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~
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'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
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Date
--,*1 (8
CITY OF OORPUS CHRISTI
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Q,/ i \ ) Ie (,
George ~: ~oe, City Manager----
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tJov. 3<.)
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Assistant CIty Attorney
fnr City Attornev