2009/09/09 Council Agenda Packet

NOW, THEREFORE, THE CITY and DVS agree that this agreement shall constitute a "Legally Binding Agreement" for the re-use of the Oswald property in compliance with the Enabling Acts and is a component of the homeless assistance submission of the LRA application for the redevelopment of the Oswald property. Section 1. This Agreement, upon execution, is intended to be binding upon the parties hereto, except as otherwise stated herein, and with the express understanding that the implementation of the terms hereof are subject to the following approvals of the City of Everett: (i) approval of a Special Property Use permit for the emergency shelter; (ii) amendment of the Consolidated Plan, to allow construction of new subsidized transitional housing, (iii) completion of State Environmental Policy Act environmental analysis for any construction exceeding exemption thresholds; and (iv) 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 provision 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. Section 2. This Agreement shall not be transferred, in whole or in part, without the prior written consent of the parties hereto. Section 3. 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 may be provided by personal delivery in writing, or by mail. Mailed notices shall be addressed to the parties and addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated within three (3) days after mailing. If intended for City, to: Chief Administrative Assistant Mayor's Office 2930 Wetmore Avenue, Suite 10A Everett, WA 98201 If intended for Domestic Violence Services, to: Domestic Violence Services, Executive Director PO Box 7 Everett, WA 98206-0007 Section 4. The obligations of the parties to this Agreement shall be performable in Snohomish County, Washington, and if legal action is necessary in connection with or to enforce rights under this Agreement, exclusive venue shall lie in Snohomish County, Washington. 15