Resolution 6184 - Laserfiche WebLink

5. Governing Law. This Agreement shall be governed by the laws of the State of Washington and, as applicable, the federal Enabling Acts and related federal statutes and regulations. Judicial action to enforce any provision of this Agreement shall be commenced in Snohomish County Superior Court. 6. Commencement of Construction. DVS shall begin construction of tenant improvements to the existing buildings in accordance with the phasing plan included in the approved re-use plan for the Property no later than September 15, 2013. If DVS anticipates that it will not meet this schedule, DVS shall provide written notice to the City describing the reasons for the delay, the date by which 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 and fails to begin construction by September 15, 2013, the City and DVS shall meet and attempt to agree to a 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. If a proceeding to reconsider the re-use plan is initiated under this section, the Property shall be re-conveyed to the Department of Defense or any party designated by the Department of Defense, as directed by the Department, to facilitate or effectuate the reconsideration proceedings. 7. 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 be transferred to the LRA or its designee, if such designee has been approved in accordance with applicable federal law. Any subsequent planning for re-use of the property shall follow the process prescribed by federal law. 8. Environmental Renegotiation Process. In the event that an environmental analysis conducted under Section 586.45(b) indicates that any property identified for transfer in this Agreement is not suitable for the intended purpose of the transfer, as described in this Agreement and the reuse plan, within 30 days of the date of issuance of the final environmental document prepared for that analysis, the parties will commence discussions in an effort to cooperatively identify acceptable alternative arrangements that achieve substantially the same purposes and balance of factors as the arrangements described in this Agreement would. If the parties are unable to identify suitable alternative arrangements within 60 days of commencement of negotiations, they shall enter into mediation conducted by a mediator acceptable to both parties. If within 30 days of the commencement of mediation suitable alternative arrangements acceptable to both parties have not been identified, this Agreement shall terminate and the LRA shall initiate the BRAC process to identify another user and develop an alternate re-use plan. Oswald Army Reserve Center Property Disposition Agreement Page 3 of 5