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f <br /> AGREEMENT BETWEEN THE CITY OF EVERETT <br /> AND DOMESTIC VIOLENCE SERVICES REGARDING <br /> THE OSWALD ARMY RESERVE CENTER PROPERTY <br /> This Agreement(the"Agreement"), entered into this day of , 2009, between <br /> the City of Everett, acting in its capacity as the Local Redevelopment Authority (the <br /> "LRA"), as recognized by the Secretary of Defense, for purposes of the redevelopment of <br /> the David P. Oswald U.S. Army Reserve Center, Everett, Washington, pursuant to the <br /> Defense Base Closure Act of 1990 (Part A of Title XXIX, Part 101-510; 10 U.S.C. 2687 <br /> note), as amended, and the Base Closure and Community Redevelopment and Homeless <br /> Assistance Act of 1994 (Public Law 103-421), as amended, (the "Enabling Acts"), and <br /> Domestic Violence Services ("DVS"), a non-profit homeless service provider. <br /> WHEREAS, the property located at 1110 Rainier Avenue in Everett, Washington, known <br /> as the David P. Oswald Army Reserve Center, was listed as surplus by the Department of <br /> the Army in the Federal Register of May.9, 2006; and <br /> WHEREAS, on April 21, 2008, the City of Everett was recognized by the Office of <br /> Economic Adjustment of the Department of Defense at the Local Redevelopment <br /> Authority (the "LRA"), the entity responsible for developing a re-use plan for the Oswald <br /> property that balances the expressed needs of the community for economic development, <br /> community development, and homeless assistance; and <br /> WHEREAS, pursuant to the Enabling Acts, the City published on May 18, 2008, in the <br /> Everett Herald, a Notice of Availability of Surplus Federal Property to interested parties, <br /> including homeless service providers;and <br /> WHEREAS, on August 16, 2008, the City received three Notices of Interest(NOI) from <br /> the following entities: Domestic Violence Services, Everett Community College, and the <br /> Archdiocesan Housing Authority of Seattle; and <br /> WHEREAS, on , 2008, the Archdiocesan Housing Authority of Seattle withdrew its <br /> NOI submitted on August 16,2008; and <br /> WHEREAS, on_, 2009, Everett Community College withdrew it NOI submitted on <br /> August 16, 2008; and <br /> WHEREAS,the City as LRA, reviewed the remaining NOI from DVS, and determined <br /> that the proposed use of the Oswald property for an emergency homeless shelter for <br /> victims of domestic violence, administrative offices, and transitional housing, complies <br /> with the Enabling Acts and is in the best interests of the community; and <br /> WHEREAS, the Enabling Acts provide that a conveyance for homeless assistance use <br /> shall be at no cost to the selected homeless assistance provider; and <br /> 14 <br />