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HomeMy WebLinkAboutResource Transition Consultants LLCA-3.f (,.5 VOLUNTARY CONTRIBUT[ON AGREEMENT This Voluntary Contribution Agreement ("Agreement") is entered into this ~_~day of -2016 by and between the City of Auburn, Washington, a municipal corporation ("City") and Resource Transition Consultants, LLC as Receiver for Jovita Heights Development, LLC, ("Developer"). WHEREAS, Developer is the owner of the Jovita Heights (AKA Vista Pointe) subdivision ("Subdivision") set forth in Exhibit A attached hereto and incorporated by reference; and WHEREAS, Developer recognizes there will be a direct impact on existing park recreation, and open space facilities as a result of development of the Subdivision and that the Subdivision will directly contribute to the need for new facilities and/or the need for additions to existing facilities; and WHEREAS, the City of Auburn Hearings Examiner's decision on the Subdivision included the following condition and finding: Condition 4. Prior to final plat approval, the Applicant shall enter into an agreement with the City to provide a fee in lieu of parkland dedication. The format of the agreement shall be acceptable to the City. The amount of the fee in lieu shall be based on the formula indentified in Finding number 16. The fee shall be paid prior to Final Plat approval. If the fee cannot be agreed upon, the Applicant shall provide the required park dedication space within the plat. Finding 16. The Applicant requested to pay fees in lieu of parkland dedication, indicating that parkland within the plat would likely be a benefit only to residents of the plat and neighbors in King County, due to lack of direct access to the plat from the City. Recreational facilities in the vicinity of the proposed plat include GSA Park and the Interurban Trail within the City of Auburn, and Five Mile Lake Park, Lake Geneva Park, and the South County Ballfields in unincorporated King County (within Federal Way's potential annexation area). As proposed, forty one percent of land within the proposed plat would be permanently set aside as forested open space. Exhibit 3 July 19, 2004 Park Modification Request. The City of Auburn agreed to accept payment of half of the projected costs, or $130,297.49, in lieu of parkland dedication. This equals a per lot fee of $1,217.73, based on the proposed 107 lots. Exhibit I, page 3, Testimony of Mr. Osaki. WHEREAS, fee in lieu of parkland dedication amount is $1,217.73 per lot for a total fee of $130,297.49. NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties hereto agree as follows: 1. Developer has voluntarily elected to meet the applicable City park and recreation land dedication requirements by entering into this agreement and shall provide a fee in lieu of dedication equal to the amount of $130,297.49. Pursuant to the calculation formula summarized in Finding No. 16 of City of Auburn Hearing Examiner's Decision which approved the Preliminary Plat of Jovita Heights (a.k.a. Vista Pointe). ORIGINAL 2. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 3. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit, which shall be fixed by the judge hearing the case and such fee shall be included in the judgment. 4. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Developer, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. Colby RE, LLC MAYOR ATTEST: Da ' lle E. Daskam, City Clerk City Attorney by: 1 ~ 2 EXH 1 BIT A ALl OF I.OTS 1 THROUGH 9, INCLUSfVE, IN BLOCK 4, AI.L OF I.aTS 1 T}iROUGH 19, INCLUSlVE, IN BLOCK 13 EXCEPl'ING THEREFROM THE EAST 250 FEET OF LOTS 6 THROUGH 12 IN BLOCK 13; AND Al.L OF LQ7S 5 THRQUGH 9, INCLUSlVE, IN BLQCK 25 OF JOVITA HEIGHFS PLAT, AlL ACCORDING TO 7HE PLAT RECORD£D IN VaLUME 20 OF PLATS, AT PAGE 12, IN K1NG COUNTY, WASHINGTON; . TOGETNER WITH THAT POR110N OF THE FORMER SEATTLE-TACOMA POLE LINE EASEMENT LYING WITHIN THE NORTHWES7 4UARTER OF SEC710N 23, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.Mi„ IN KfNG COl{NTY, .WASHINGTON, LYiNG SOUTFiEASTERLY OF BLOCK 4 AND NORTWWESTERLY OF BLOCK 13 OF SAIO AODITION AND BETWEEN THE EASTERLY AND WESTERLY BOUNDARIES OF SAID BLOCKS. TOGETHER WI7H LOTS 4 AND 4A OF CiTY OF AUBURN LOT LINE AOJUSTMEN7 NUMBER LLA-01-0007 (REVISED), RECORDED UNDER RECORDING N0. 20011106001193, IN KING COUNTY, WASHINGTON. TOGETHER WI7H LOTS 2 AND 3 OF CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LlA-04-0018, RECOROEO UNDER RECORDING N0. 20041115002495, IN KING COUNTY, WA5HINGTON. 70GE7HER WITH THAT PORTION OF 344TH STREET SOUTH ADJOINING AFdREMENTIONED LOT 19, BLOCK 13 LYING EAST OF THE CENTERIINE 0F 56TH AVENUE SOUTH ANO WEST OF THE £AST LINE OF AFOREN{ENT10NE0 LOT 4 PROJECTED NQRTH TO THE NQRTHERLY MARGIN OF 3447H STREE7 SOUTH AND 56TH AVENUE SOUTH ADJQINING AFOREFAENTIONED L4TS 5 THROUGH 9, INCI.USIVE, ON THE WEST, ALL AS VACAT£0 UNDER CITY OF AUBURN OROINANCE N0. 3060, REGORDED UNQER RECORDING N4. 8702100441, WHiCH A71'ACHEO THERETO BY OPERATION OF I.AW. TOGE7HER WITH THAT PORTION OF IOWA DRIVE LOCATED WEST OF 597H A1IENUE SOUTH AND A PORTION OF IOWA ORINE EAS7 OF 56TH A1/ENUE SOUTH AND SOUTH OF PARCEI. 3751600725, ALL AS VACATED UNDER CITY OF AUBURN ORDINANCE N0. 6008, RECORDEO UNOER RECORDING N0. 20060406000310, WHICH ATTACHED THERETO BY OPERA7fON OF I.AW. TOGETNER WITFi 7HAT PORTION OF 58TH AVENUE SOUTH ABtJTTING BLOCK 13 ON ThiE EAST ANO LYING NQRTH OF THE EASTERi.Y EXTENSION 0F THE NORTH IINE OF LOT 6, SAID BLOCK, AS VACATED UNDER CfTY OF AUBURN ORDINANCE N0. 4292, RECORDEQ UNDER f2ECORDING N0. 8808300712, WHICH ATTACHED THERETO 8Y OPERATION OF LAW.