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Home My WebLink About082619_ca05615 Sheridan Street /� Port Townsend, WA 98368 �e]Tepon www.JeffersonCountyPublicHealth.org C"tis Hegalt Consent Agenda July 24, 2019 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford, Environmental Public Health Director Linda Atkins, Environmental Health Specialist III DATE: a&otot , ,)Zal � SUBJECT: Agenda Item - Agreement with Kala Heights Homeowner's Association; Upon signature - until terminated STATEMENT OF ISSUE: Jefferson County Public Health requests Board approval of the Agreement for the administration of the Kala Heights Drive Emergency Septic Trust Reserve Account between Kala Point Owners Association and the Kala Heights Drive Homeowners; Upon signature — until terminated ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: This agreement is to provide a mechanism for the transmission of funds from the Kala Point Home Owners Association to the Jefferson County Treasurers Office for deposit to the Kala Heights Drive Emergency Trust Reserve Account, which has been established for the maintenance, repair, and replacement of common septic fields when approved by the Jefferson County Public Health Department. FISCAL IMPACT/COST BENEFIT ANALYSIS: This agreement has no impact to the General Fund. RECOMMENDATION: JCPH management request approval of the Agreement for the administration of the Kala Heights Drive Emergency Septic Trust Reserve Account between Kala Point Owners Association and the Kala Heights Drive Homeowners Upon signature — until terminated. REVIEWED BY:-'- Philip Morley, County Administrator Community Health Developmental Disabili lies 360-385-9400 360-385-9401 (f) Date Always working for a safer and healthier community Environmental Public Health 360-385-9444 (f) 360-379-4487 a MM K I I] ta D10 IN t144 me[" V R ILI 0 'kiwi W:11 This Agreement for the Administration of the Kala Heights Dr. Emergency Trust Reserve Fund (this Agreement) made and entered into at Port Townsend, WA is between Kala Point Owners Association, a Washington Nonprofit Corporation, UBI Number 601 149 354 (KPOA), the fourteen homeowners living on Kala Heights Dr. (KIFID), and Jefferson County, Washington (Jefferson County). 2. 'I.",a,l�'F]7,,(."TIVEDAI'E:� ....... . .... ff-.= 3 =-. a. For KHD to grant KPOA administrative authority to collect funds annually from KHD homeowners and send these funds to the Jefferson County Treasurer's Office for deposit to the Kala Heights Dr. Emergency Trust Reserve Account held by the Jefferson County Treasurer's Office, the funds of which are to be used for capital expenses (not PUD operating expenses) for the maintenance, repair, and replacement of the KHD common septic fields on KPOA property when approved by the Jefferson County Public Health Dept.; and, b. To provide a mechanism for transmission of funds from KPOA to the Jefferson County Treasurer's Office for deposit to the Kala Heights Dr. Emergency Trust Reserve Account held by the Jefferson County Treasurer's Office. a. KPOA owns two properties; parcels #965800000 and #965800015 and has granted easements for use of these properties as sewage drain fields. b. KHD homeowners' owned parcels are; 965800001, 965800002, 965800003, 965800004, 965800005, 965800006, 965800007, 965800008, 965800009, 965800010, 965800011, 965800012, 965800013, and 965800014. The owners are financially responsible for four drain fields on KPOA property. C. The drain fields are managed under agreements dated June 1, 1987 and April 17, 1989 titled Agreement for Management of On -Site Sewage Disposal System among Jefferson County, Kala Point Limited Partnership and Kala Point Utility Company and their successor organizations. d. Unlike the other common septic fields in KPOA that are mostly for condominium iissociations. KHD was not set ul) as a homeowner association by the develol2er, and therefore no E=K&F nomeowner is respousi* ,- I - their property and their Agreement for Management of On -Site Sewage Disposal System. New owners assume the responsibilities agreed to in these agreements. L N100 X1191 a. The agreements dated June 1, 1987 and April 17, 1989 titled Agreement for Management of On -Site Sewage Disposal System among Jefferson County, Kala Point Limited Partnership and Kala Point Utility Company and their successor organizations (collectively, the Prior Agreements). b. This Agreement provides a mechanism to provide additional funding for the Kala Heights Dr. Emergency Trust Reserve Fund., but does not amend the Prior Agreements. All terms and conditions of the Prior Agreements in effect on the effective date of this Agreement remain in effect and are binding on the parties to the Prior Agreements or their successor organizations. 10. H."IFFERSON COtINTY'S.-LIMITED INVOLVEMENT AND LI'MuED LIABR.TY: a. Jefferson County's sole role under this Agreement is as a holder of funds by the Jefferson County Treasurer's office in the Kala Heights Dr. Emergency Trust Reserve Fund. b. Jefferson County has no obligation to collect payments required by this Agreement. C. Jefferson County has no obligation to enforce this Agreement against any other M Nothing in this Agreement is intended to limit the police power of Jefferson County in any way. Accordingly, it is understood and agreed that Jefferson County may enforce any applicable law, ordinance, regulation or policy against any of the other parties. a. It is understood and agreed that this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed in accordance with the laws of the United States, the State of Washington and the County of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson County, Washington between Jefferson County residents. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. b. The venue for any legal action shall be solely in the appropriate state court in Jefferson County, Washington, subject to the venue provisions for actions against counties in RCW 36.01.050. C. This Agreement memorializes the entire agreement of the parties. The parties agree that this Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. d. KPOA shall defend, indemnify and hold Jefferson County, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of KPOA in performance of this Agreement, except for injuries and damages caused by the sole negligence of Jefferson County. e. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. f. No consent by any party to, or waiver of, a breach by another party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by any party. 9- No term or provision of this Agreement will be considered waived by any party, and no breach excused by any party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. h. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs and assigns. �11 loom b. That each party that is a corporate entity is duly organized and validly existing in good standing under the laws of one of the states of the United States of America C. That the making and performance of this Agreement will not violate any rfrovision of law or of any party articles of incorporation, charter, or by-laws; That each corporate party has taken all necessary corporate and internal legal actions to duly approve the making and performance of this Agreement and that no further corporate or other internal approval is necessary; and, d. That each party has read this Agreement in its entirety and know the contents this Agreement, that the terms of this Agreement are contractual and not merely recitals, and th they have signed this Agreement, having had the opportunity to obtain the advice of leg .1 cou .1 El I , , 5 IP I I I AN MA 9 k 01, 1 No � I 110 Kala Heights Dr. Date 7/1 234 K,ala Heights Dr, Date 150 Aala Heights Dr. Date 240 Kala7eights Dr. Date - 41 d 170 Kala Heights Dr. Date DI, 240) Kala Heights Dr. Date 191 Kala Fleights r., ate �19 4—KK a I a H e —ig-- hh ts D r. Date 263 Kala Heights Dr. Date -5-/-7 1 2.0 1 c� 201 Kala Vlciggiits- Dr. 1111te 210 Kai a Heights Dr. Date Kala, N "it, Owners ssoeiation Date Nan 'A Board of County Commissioners for Jefferson County, Washington LM Kate Dean, Chair Date David Sullivan, Commissioner Date Greg Brotherton, Commissioner Date ATTEST: Carolyn Galloway Date Deputy Clerk of the Board Approved as to form only: P", fli 1 . 1-111l'i's,ticker Date Chief Civil Deputy Prosecuting Attorney C