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WHEREAS, Domestic Violence Services provides emergency shelter for up to 30 <br /> days to victims of domestic violence and their children who are in imminent <br /> danger; and <br /> WHEREAS, Domestic Violence Services provides transitional housing to <br /> domestic violence victims and their children who would, otherwise, be homeless; <br /> and <br /> WHEREAS, in conjunction with its emergency shelter service and transitional <br /> housing program, Domestic Violence Services also provides food, clothing, crisis <br /> counseling, legal advocacy and emotional support to victims of domestic violence <br /> and their children; and <br /> WHEREAS, Everett reviewed the remaining NOI from DVS and determined that <br /> the proposed use of the Property for an emergency homeless shelter for victims <br /> of domestic violence, administrative offices, and transitional housing, is <br /> consistent with the Enabling Acts and is in the best interests of the community; <br /> and <br /> WHEREAS, the Enabling Acts provide that a conveyance of surplus property to <br /> an organization that will use the property to provide homeless assistance shall be <br /> at no cost to the homeless assistance provider; and <br /> WHEREAS, the Enabling Acts require that a conveyance of surplus property by <br /> the LRA to the selected organization may occur only pursuant to a legally binding <br /> agreement ("LBA") between the LRA and selected organization establishing <br /> terms and conditions of the transfer, redevelopment, and use of the property <br /> consistent with the purposes of the Acts; and <br /> WHEREAS, it is in the public interest that transfer of the Property be conditioned <br /> on contractually binding procedural safeguards to ensure the Property is <br /> redeveloped substantially as described in this Agreement and is occupied and <br /> used for the purposes set forth in this Agreement; and <br /> WHEREAS, the Agreement satisfies the requirements set forth in the Enabling <br /> Acts governing legally binding agreements and is a component of the homeless <br /> assistance submission in support of the LRA's application for redevelopment of <br /> the Property; <br /> NOW, THEREFORE, in consideration of the mutual promises and covenants <br /> contained below, Everett and DVS agree as follows: <br /> 1. City Approvals. This Agreement is subject to the following approvals of the <br /> City of Everett: (i) approval of a Special Property Use permit for the emergency <br /> shelter; (ii) amendment of the Consolidated Plan, to allow construction of new <br /> subsidized transitional housing, (iii) completion of State Environmental Policy Act <br /> 2 <br />