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OSWALD ARMY RESERVE CENTER <br /> PROPERTY DISPOSITION AGREEMENT <br /> This Agreement (the "Agreement") is entered into by and between the City of Everett <br /> ("Everett"), a Washington Municipal Corporation, and Domestic Violence Services of <br /> Snohomish County ("DVS"), a Washington non-profit organization, pursuant to the <br /> Defense Base Closure Act of 1990 and the Base Closure and Community <br /> Redevelopment and Homeless Assistance Act of 1994 (the "Enabling Acts"or the "Acts") <br /> to establish the terms and conditions of transfer, redevelopment, and use of the David P. <br /> Oswald U.S. Army Reserve Center. <br /> WHEREAS, the David P. Oswald Army Reserve Center(the "Property") located at 1110 <br /> Rainier Avenue, Everett, Washington, was listed as surplus property by the Department <br /> of the Army in the Federal Register of May 8, 2007; and <br /> WHEREAS, on April 21, 2008, pursuant to the Enabling Acts, the Office of Economic <br /> Adjustment of the Department of Defense designated the City of Everett as the Local <br /> Redevelopment Authority (the "LRA") authorized to develop a re-use plan for the <br /> Property that balances the expressed needs of the community for economic <br /> development, community development, and homeless assistance; and <br /> WHEREAS, Everett published a Notice of Availability of Surplus Federal Property in the <br /> May 18, 2008, Everett Herald newspaper, notifying interested parties including homeless <br /> service providers, of the availability of the Property for uses consistent with the Enabling <br /> Acts; and <br /> WHEREAS, on August 16, 2008, the City received three Notices of Interest ("NOIs") <br /> from the following entities: Domestic Violence Services, Everett Community College, F <br /> and the Archdiocesan Housing Authority of Seattle; and <br /> WHEREAS, the Archdiocesan Housing Authority of Seattle and Everett Community <br /> College subsequently withdrew their NOls; and <br /> WHEREAS, Everett reviewed the remaining NOI from DVS and determined that the <br /> proposed use of the Property for an emergency homeless shelter for victims of domestic <br /> violence, administrative offices, and transitional housing, is consistent with the Enabling <br /> Acts and is in the best interests of the community; and <br /> WHEREAS, the Enabling Acts provide that a conveyance of surplus property to an <br /> organization that will use the property to provide homeless assistance shall be at no cost <br /> to the homeless assistance provider; and <br /> WHEREAS, the Enabling Acts require that a conveyance of surplus property by the LRA <br /> to the selected organization may occur only pursuant to a legally binding agreement <br /> ("LBA") between the LRA and selected organization establishing terms and conditions of <br /> the transfer, redevelopment, and use of the property consistent with the purposes of the <br /> Acts; and <br /> Oswald Army Reserve Center Property Disposition Agreement Page 1 of 5 <br />