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Home My WebLink AboutC2005-687 - 12/13/2005 - NA ~ , - - y 1-:-.iC .::.... ::'...;,. ,.....,.....L _',"-.-0_ ...._ PA(lE D2 AGREEMENT WITH FELIX CABALLERO This Agreement (the "Agreement..) is made between Felix Caballero, OWner of apartment located at 2502 Cloyde Corpus Christi, Texas. ('"HOUSING PROVIDER"). and the City of Corpus Christi. Texas (the ACity@), a municipal corporation 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. approximately 400 evacuees remain housed in Corpus Christi shelters; WHEREAS, the evacuees require housing; NOW. THEREFORE, in consideration of the mutual covenants in this Agreement, the City and the HOUSING PROVIDER (each, the "Party") authorized by appropriate actions of their governing bodies, agree as follows: 1. Poroose. The purpose of this Agreement is for HOUSING PROVIDER to provide housing to evacuees on month-to-month basis. 2. ResDOnsibilities ofJhe HOUSING PROVIDER A. HOUSING PROVIDER shall provide housing, and to the extent possible, provide furniture and utilities to evacuees. 8. HOUSING PROVIDER may charge for deposit for evacuee housing that is equivalent to the usual and customary amount charged other lessees. c. HOUSING PROVIDER shall biU the City monthly evacuee housing costs which are deemed allO\Vable for reimbursement by FEMA D. The HOUSING PROVIDER agrees to record its expenditures under this Agreement on a regular basis. The HOUSING PROVIDER agrees to provide the City with a copy of the HOUSING PROVIDER expenditures and supplirling documents on a weekly basis. E. The HOUSING PROVIDER agrees and acknOWledges that the City shall only reimburse the HOUSING PROVIDER's costs if such costs are deemed reimbursable by FEMA. The HOUSING PROVIDER shall be responsible for all costs Which are not reimbursed to City by FEMA. F. HOUSING PROVIDER agrees to provide City with at least 60 days advance written notice prior to initiating any attempt to remove any evacuee from housing 2005-687 12/13105 1 ('aballero. Felix . J: ~;~:Ii::<: _ ~:: I _ J.. "'"-_ PA':iE [1:; to allow City sufficient time to either negotiate solution with HOUSING PROVIDER or obtain alternative housing for evacuee. G. The Housing Provider shall offer housing services at rates equivalent to other lessor rates in the same complex. H. Housing Provider may exercise its customary policies and procedures in eligibility determination, tenant obligations, and leasing not addressed by this agreement 3. ResPQnsibilities of the City. A. City agrees to compensate HOUSING PROVIDER for any aUowable FEMA costs . B. City is not liable for any costs not reimbursed to City by FEMA. 4. implementation. The City Manager and Manager for the HOUSING PROVIDER are authorized and directed to take all steps necessary or convenient to implement this Agreement 5. Warranty. This Agreement has been officially authorized by the governing body of the City and the HOUSING PROVIDER, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective party to this Agreement. 6. Administrative Se~ces. The City and the HOUSING PROVIDER agree to provide administrative services necessary to coordinate this Agreement, including providing the other party with a current list of contact information for each party. 7. ExoendillD Funds. Any payment made by the HOUSING PROVIDER or the City for any of the costs or expenses that either incurs pursuant to this Agreement shall be made out of current revenues available to the paying party. 8. Term and Termination. Once approved by all Parties, this Agreement shall continue until February 28, 2006 This Agreement may be tenninated with or without cause by either party upon two months written notice to the non- tenninating party 9. ~everabilitv. If any portion of this Agreement, or its application to any person or CIrcumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shalf not be affected and shalf continue to be enforceable in accordance with its terms. 2 1( ~:E':__ F\Ll).~E ~J ~~ 'I, 0, Oral and Written Aareements. All oral or written Agreements between the Parties relating 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 Agreement 11. Immunity not Waived_ 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 their officers, employees. representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contajned in this Agreement 12_ Breach. Any breach of this Agreement now or through the term shall render the Agreement null and void 13 Notices.. Any notice. correspondence or payment made pursuant to this Agreement must 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 accordance with (a) shall be effective upon deposit in the United States mail, and the addresses of the Parties shall, until changed by written notice, be as follows: To the City: City of Corpus Christi City Manager P. O. Box 9277 Corpu.s Christi, Texas 78469-9277 To the HOUSING PROVIDER: Felix Caballero 2502 Cloyde Corpus Christi, Texas 14. Amendments or Counteroarts This Agreement may not be amended except by written 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 an original and all of which shall constitute but one and the same instrument. 15. Caotions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 16. Governina Law and Venue. This Agreement shall be governed by the laws of the State of Texas.. The parties agree to comply with all applicable Federal, State and Local laws. rules, and regulations, inCluding all applicable housing and landlord tenant laws. Venue for an action arising under this Agreement shall be in the courts of Nueces County, Texas. 3 - .,4 ;...:> ~I' ;..:., _. - '='El~-' I!_ F't,r::;E [;5 17. ADDrovaL All Parties identified below agree to the provisions and terms of this Agreement ~igned by: ~~ ~ (property owner) . nnted Name: L. x. ~ Date:. / ~ } 8' /.4s;::---- , c'~scdT' . =:2JI ~ ~rge - i-;;;: ~n~~_ ~_ Approved as to legal form: \) ( c- . BY:~.~ Lisa Aguilar . --------- Assistant City Attorney for City Attorney ("2- ) 2005 4