2009/09/09 Council Agenda Packet

Tr Section 5. If Domestic Violence Services fails to begin construction of tenant improvements to the existing buildings in accordance with the phasing plan included in the approved re-use plan for the Oswald ARC property by _, 2013, it shall provide written notice to the City describing: a) the reasons construction has not been initiated; b) the anticipated timeline for beginning construction; c) the anticipated completion date for completion of improvements and occupancy of the building; and d) other relevant information relevant to the timing of occupancy for the purposes stated in the re-use plan. Failure by Domestic Violence Services to provide this notice may result in the City initiating proceedings to reconsider the re-use plan. Section 6. If Domestic Violence Services 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 revert to the Department of Defense. Any subsequent planning for the re-use of the property shall follow the process prescribed by federal law. Section 7. This Agreement shall be governed by and in accordance with the laws of the State of Washington and federal law, as applicable. Executed this_day of , 2009,by City, signing by its Mayor, duly authorized to execute same by Resolution No. , dated ,2009, and by Domestic Violence Services acting through its duly recognized officials. APPROVED AS TO FORM: JAMES D. ILES, CITY ATTORNEY RAY STEPHANSON, MAYOR DOMESTIC VIOLENCE SERVICES MARGARET BRULAND, EXECUTIVE DIRECTOR 16