Resolution 6184 - Laserfiche WebLink

DVS expects to be able to begin construction, the date by which DVS expects to complete tenant improvements and occupy the building, and any other information relevant to DVS's schedule for completing construction and commencing operations consistent with the purposes of this conveyance, as stated in the re-use plan. If DVS does not provide such notice and fails to begin construction by September 15, 2013, the City may immediately initiate proceedings to reconsider the re-use plan. If DVS does provide such notice, the City and DVS shall meet and in good faith attempt to agree to a reasonable, modified schedule that substantially meets the intent of the re-use plan and this Agreement. If the parties cannot agree to a modified schedule that in the City's judgment is reasonable and substantially meets the intent of the re-use plan, the City may initiate proceedings to reconsider the re-use plan. 6. Reversion upon dissolution. If DVS should cease to exist as an organization prior to the expiration of the term required in the conveyance of fee title by the Department of Defense for use of the property for homeless service uses, it shall first notify the City of its intent to discontinue providing services at the subject property. Upon cessation of the provision of homeless services prior to the term required in the conveyance instrument, the property shall revert to the Department of Defense. Any subsequent planning for the re-use of the property shall follow the process prescribed by federal law. 7. No third-Party rights. This Agreement does not create any enforceable rights in any third parties, or any causes of action by third parties against the parties to this Agreement. 8. Governing laws. The parties shall comply with all applicable federal, state, and local laws in the performance of this Agreement. 9. Complete Agreement. This Agreement contains the complete and integrated understanding and agreement between the parties regarding the transfer, redevelopment, and reuse of the Property, provided, however, that this Agreement in no way binds or obligates the City acting in its regulatory capacity, for example, as the permitting authority reviewing land use and construction applications, or in the enforcement of any City ordinance or regulation. 10. Severability. If any provision of this Agreement is held to be invalid, such invalidity shall not affect any other provision of this Agreement; provided, however, the parties shall negotiate in good faith any amendments to this Agreement necessary to give effect to the parties' original intent. 4