Resolution 6184 - Laserfiche WebLink

part of the property in the event that the City Council, in their review of the Consolidated Plan update, which will occur after the LRA recommends a re-use plan, does not change the policy. City staff contacted several other potential homeless service providers and providers of services with public benefit to see if they were interested in a portion of the Oswald ARC property to complement the DVS use of the existing buildings and provide a needed service in the neighborhood and community. Uses that were considered included food banks, medical clinics, senior housing and services, long-term respite care, and market rate housing. None of the organizations contacted by the City expressed an interest in the site. Non-public benefit uses, such as retail or office uses, while permitted by the City's zoning for the property, were not seriously considered because 1) the site is not optimal for retail use; 2) general office uses were not proposed by any of the NOI's; and 3) the City would not be able to reasonably address homeless needs in another location if the subject property were to be used for a non-homeless service use. H. Plan Contingencies 1. Delay In Performance To the extent that delays in the performance of DVS's financial obligations including but not limited to the development of plans and specifications, securing funding commitments or commencement and completion of construction of the planned improvements are due to causes beyond DVS's reasonable control and without its negligence, DVS shall not be considered in breach of its obligations under the Legally Binding Agreement and the time for performance of the obligation shall be extended by the LRA. Within thirty (30) days after becoming aware of any delay in performance as previously referenced above, DVS shall promptly request an extension of time in writing from the LRA not to exceed six (6) months. 2. Alternative Re-Use Plan Failure of DVS to obtain sufficient funding to implement the re-use plan after exercising its best efforts shall affect the right of the LRA to terminate the Legally Binding Agreement with DVS. The LRA shall develop an alternative plan which divides the property into two (2) parcels consisting of a southern section containing approximately 1.5 acres (the "Southern Parcel"), and a northern section containing approximately 1.5 acres (the "Northern Parcel"). The LRA shall develop and submit an Alternative Re-use Plan for the property which includes a use on the "Northern Parcel" which addresses the needs of the homeless population and new affordable housing construction on the "Southern Parcel." I. Homeless submission to HUD A separate document that describes how the City has addressed homeless needs in the community as part of the re-use plan has been prepared for submission to the Department of Housing and Urban Development. J. Legally Binding Agreement The federal re-use planning process requires that the LRA prepare a Legally Binding Agreement (LBA) that will apply to any conveyance of property from the Department of Defense to a selected homeless service provider as the user for the property. The LBA 17