Resolution 6184 - Laserfiche WebLink

WHEREAS, it is in the public interest that transfer of the Property be conditioned on contractually binding procedural safeguards to ensure the Property is redeveloped substantially as described in this Agreement and is occupied and used for the purposes set forth in this Agreement; and WHEREAS, the Agreement satisfies the requirements set forth in the Enabling Acts governing legally binding agreements and is a component of the homeless assistance submission in support of the LRA's application for redevelopment of the Property; NOW, THEREFORE, in consideration of the mutual promises and covenants contained below, Everett and DVS agree as follows: 1. Use of Property. Everett and DVS agree that the use of the property shall be for the provision of homeless services as described in the NOI submitted by DVS, including: (i) a 60 bed homeless shelter; (ii) administrative office space for the provision of services to homeless individuals, families and victims of domestic violence; (iii) construction of 20 units of transitional housing; and, (iv) a daycare center. 2. City Approvals. This Agreement is subject to the following approvals of the City of Everett: (i) completion of State Environmental Policy Act environmental analysis for any construction exceeding exemption thresholds for a 60-bed homeless shelter; conversion of existing building space to administrative offices to provide services to homeless individuals, families, and victims of domestic violence; construction of 20 units of transitional housing to be managed by the Everett Housing Authority; and a daycare center; all as provided in the Re-Use Plan approved by the LRA September 9, 2009; and, (ii) building and construction related permits; and completion of the following federal actions: (i) HUD must review and make a determination that the City's LRA application is in compliance with the provisions of the Enabling Acts and applicable federal regulations, (ii) the Department of Defense must complete an environmental analysis pursuant to the National Environmental Policy Act; and, (iii) the conveyance of the fee title comprising the Oswald property consistent with the redevelopment plan submitted by the City and the terms of this agreement. 3. Assignment. DVS may not transfer or assign this Agreement, in whole or in part, without the prior written consent of the City. 4. Notice. Except as otherwise provided, any notice, payment, statement or demand required or permitted to be given under this Agreement by either party to the other must be in writing and either hand-delivered or mailed to that party's address shown below: Everett: Chief Administrative Assistant, Mayor's Office 2930 Wetmore Avenue, Suite 10A, Everett, WA 98201 DVS: Domestic Violence Services, Executive Director PO Box 7, Everett, WA 98206-0007 Mailed notices will be deemed received on the third business day following the date the notice is mailed. A party may change its notification address by notifying the other party of the new address in the manner provided in this section. Oswald Army Reserve Center Property Disposition Agreement Page 2 of 5