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VOLUNTARY CONTRIBUTION AGREEMENT
Th4 Voluntary Contri3ution Agreement ("Agreement") is entered into this 12-
day of , vf,u!. r.2. {JO ~ by and between the City of Auburn, Washington, a
municipal corporation ("City") and Evann LLC a Washington LLC ("Developer").
WHEREAS, Developer is the owner of the Pinnacles Estates subdivision
("Subdivision") located on the property legally described in Exhibit A attached hereto
and incorporated by reference; and
WHEREAS, Developer recognizes there will be a direct impact on existing parks,
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 Hearing Examiner's decision on the Subdivision
(File No. PLT03-0002) included the following condition:
Condition 4. In order to meet the park and recreation land dedication
requirements, the Applicant shall enter into a voluntary agreement with
the City, in a format acceptable to the City, to provide a fee in lieu of
dedication equal to the amount of$1,086.86 per lot. The amount shall be
paid prior to final plat approval for each phase, based on the number of
lots proposed for each final plat application.
WHEREAS, the Auburn City Council approved the Subdivision on April 15, 2004
(Resolution No. 3718) and adopted the Hearing Examiner's decision by reference;
NOW, THEREFORE, in consideration of the City of Auburn's waiver of the
requirement for dedication of park and recreation land and the other 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 $1 ,086.86 per lot of the Subdivision.
2. The amount for each phase of the Subdivision shall be paid prior to final
plat approval for that phase, based on the number of lots proposed for each final plat
application.
3. The parties agree that the fee in lieu shall be expended to fund the capital
improvements set forth in Exhibit B attached hereto and incorporated by reference.
4. 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
1
Agreement. Changes which are mutually agreed upon shall be incorporated by written
amendments to this Agreement.
5. 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.
6. 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
ofthe stricken provision.
Evann LLC
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by: iAJADlf' -r' ;-J.V 1./).1 [-
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ATTEST:
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Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
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Exhibit A
LEGAL DESCRIPTION
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP
20 NORTH, RANGE 5 EAST OF THE W.M., IN AUBURN, PIERCE COUNTY, WASHINGTON,
DESCRIBED AS FOllOWS:
EXCEPT THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE SAID SUBDIVISION; THENCE
NORTH ALONG THE EAST LINE THEREOF TO THE NORTHEAST CORNER OF SAID
SUBDIVISION; THENCE WEST ALONG THE NORTH LINE OF SAID SUBDIVISION 470 FEET;
THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING.
ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO PIERCE COUNTY FOR lAKE
TAPPS PARKWAY EAST UNDER STATUTORY WARRANTY DEED RECORDED MARCH 12,
1997 UNDER RECORDING NUMBER 9703120171.
ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO PIERCE COUNTY BY DEED
RECORDED UNDER RECORDING NUMBER 9906021036.
ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO PIERCE COUNTY BY DEED
RECORDED UNDER RECORDING NUMBER 200408230449. SITUATE IN THE COUNTY OF
PIERCE, STATE OF WASHINGTON.
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Exhibit B
The funds from this agreement shall be used to fund capital improvements to one or more
of the following facilities, as set forth in the City of Auburn Parks and Open Space Plan.
Sunset Park
Game Farm Park
Lakeland Hills Park
Lakeland Nature Area
White River Trail
Game Farm Wildemess Park
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Auburn
Finance Department
25 W Main Street
Auburn WA 98001-4998
--------------------------------
-------------------------------.
DEPT#: 447
Suspense
80427.64
80427.64
--------------------------------
-------------------------------.
SubTotal:
Total:
80427.64
80427.64
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--------------------------------
Check
80427.64
************ DUPLICATE #003 ************
8/12/2005 15:38
#0019807/6/3
Thank You