HomeMy WebLinkAboutKala Heights Homeowner's Association - 082619AGREEMENT FOR THE FUNDING AND ADMINISTRATION OF
THE KALA HEIGHTS DR. EMERGENCY TRUST RESERVE FUND
1. PARTIES:
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. (KHD), and Jefferson County, Washington
(Jefferson County).
2. EFFECTIVE DATE:
The effective date of this Agreement is the date that all parties sign it.
3. PURPOSES:
The purposes of this Agreement are:
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.
4. BACKGROUND:
a. KPOA owns two properties; parcels #965800000 and #965800015 and has
granted easements for use of these properties as sewage drain fields.
b. KED 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
associations, KHD was not set up as a homeowner association by the developer, and therefore no
mechanism was established to fund the Kala Heights Dr. Emergency Trust Reserve Fund, which
was initially funded by the developer. The homeowners were never advised about this failing by
the developer.
e. The KHD Emergency Trust Reserve Fund is significantly underfunded. It is
overseen by the Jefferson County Public Health Dept. and held by the Jefferson County
Treasurer's Office under the account titled "K. Hgts. PUD Assoc."
f. KHD wants to increase the Kala Heights Dr. Emergency Trust Reserve Fund
because the septic fields are over thirty -years old and the account has never been properly
funded.
5. REQUIRED PAYMENTS TO THE KHD EMERGENCY TRUST RESERVE FUND:
a. Annually in September, KPOA will invoice each KHD homeowner $200.00
payable to KPOA. In turn, KPOA will send to the Jefferson County Treasurer's Office a check
payable to Jefferson County, for deposit to the Kala Heights Dr. Emergency Trust Reserve Fund
managed by the Jefferson County Treasurer's Office.
b. If there is an approved payment request by the Jefferson County Public Health
Dept. for capital expenses related to the common septic field that requires more money than is in
the Kala Heights Dr. Emergency Trust Reserve Fund, KPOA will invoice each of the fourteen
homeowners one -fourteenth of the amount not covered by the Emergency Trust Reserve Fund,
which is payable on demand made by KPOA.
6. PROCEDURES FOR DELINQUENT PAYMENTS:
a. KPOA staff, shall mail a reminder letter to owners whose PAYMENT'S are in
arrears as of October 1 of each year this Agreement is in effect. At a minimum, the reminder
letter shall state that payment is delinquent and that if payment is not received on or by October
15 of each year payment is required by this Agreement, the owner is subject to late charges and
interest. When paid by mail, the postmark on the envelope shall denote the date payment was
received.
b. At the December KPOA Board meeting, the CFO shall present the list of
KHD homeowners' that are delinquent with their payments and request authorization to file liens
on the delinquent properties. KPOA staff shall prepare and file lien documents as directed by the
CFO. A copy of the lien document with covering letter shall be forwarded by KPOA staff to the
property owner by certified mail (return receipt requested).
7. AMENDMENT OR TERMINATION:
a. This Agreement may be amended by mutual consent of KPOA and the then
existing fourteen KHD home owners.
b. This Agreement shall remain in force until all on-site sewage systems covered by
the Prior Agreements have been abandoned and the dwelling units or other buildings served by
such system or systems have been connected to an approved public or private sewage system.
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8. REQUIRED DISCLOSURE BY KHD HOMEOWNERS:
Each KHD homeowner is responsible for disclosing this agreement to any future home buyer of
their property and their Agreement for Management of On -Site Sewage Disposal System. New
owners assume the responsibilities agreed to in these agreements.
9. RELATIONSHIP TO PRIOR AGREEMENTS.
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. JEFFERSON COUNTY'S LIMITED INVOLVEMENT AND LIMITED LIABILTY:
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
ply.
11. PRESERVATION OF THE POLICE POWER OF THE COUNTY:
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.
12. GENERAL TERMS AND CONDITIONS:
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 parry 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.
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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.
C. 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.
g. 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.
13. REPRESENATIONS AND WARRANTIES:
The parties represent and warrant:
a. That each is fully authorized to enter into this Agreement;
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
provision 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 of
this Agreement, that the terms of this Agreement are contractual and not merely recitals, and that
they have signed this Agreement, having had the opportunity to obtain the advice of legal
counsel.
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(SIGNATURES ON THE FOLLOWING PAGES)
KALA HEIGHTS HOMEOWNERS AND
KALA POINT HOMEOWNER'S ASSOCIATION
140 Kala Heights Dr. Date
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235 KaTa Heights Dr. Date
150 ala Heights Dr. Date 240 Kala JAcights Dr. Date
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194 Kala Heights Dr. Date
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201 Kala Heig tsCDr. - Date
210 Kala Heights Dr. Date
257 Kala Heig is Dr. Date
240 Kala Heights Dr. Date
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263 Kala Heights Dr. Date
Kala Pq t Owners / ssociation Date
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110 Kala Heights Dr.
Date 234 Kala Heights Dr.
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140 Kala Heights Dr. Date
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235 KaTa Heights Dr. Date
150 ala Heights Dr. Date 240 Kala JAcights Dr. Date
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170 Kala Heights Dr. Date
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194 Kala Heights Dr. Date
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210 Kala Heights Dr. Date
257 Kala Heig is Dr. Date
240 Kala Heights Dr. Date
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263 Kala Heights Dr. Date
Kala Pq t Owners / ssociation Date
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JEFFERSON COUNTY WASHINGTON
Board of County Commissioners for Jefferson County, Washington
By: Kf �
Kate Dean, Cho— , Date
By: il� `."�_ .� 'M2 6,
David Sul iv mmissioner Date
By:
o el•ton, Commissioner Date
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ATTEST:
Caroly&Galldway U Date
Deputy Clerk of the Board
Approved as to form only:
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ilip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
n
615 Sheridan Street
Port Townsend, WA 98368
detXson www.JeffersonCountyPublicHealth.org
Public Health 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: J& at SCP ,
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.
Date
Community Health Environmental Public Health
Developmental Disabili ties 360-385-9444
360-385-9400 (f) 360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
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Public 1-160# i
CONTRACT REVIEW FORM
CONTRACT WITH: Kala Heights Homeowners Association TRACKING NO.: WQ-19-160
(Contractor/Consultant)
CONTRACT,FOR: Administration of Emergency Septic Trust Reserve Account TERM: upon signature -until terminated
. �" 17
COUNTY DEPARTMENT: Jefferson county Public Health ! "
For More Information Contact: Linda Atkins
Contact Phone #: x403 JUL 25 289
RETURN TO: Jenny RETURN BY: ASAP
(Person in Department)
AMOUNT: o
PROCESS:
❑ Consultant Selection Process
Revenue
❑
Cooperative Purchase
Expenditure
❑
Competitive Sealed Bid
Matching funds Required
❑
Small Works Roster
Source(s) of Matching Funds
❑
Vendor List Bid
❑
RFP or RFQ
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Step 1: REVIEW BY T
Review
y:C
Dote Revie L
APPROVED FORM ❑ Returne for revision (See Comments)
Com✓✓✓ments
Step 2: REVIEW BY,
Review by:
Date Reviewed:
APPROVED AS TO FORM
Com ents
ATTORNEY
I
r
Chief Civil Deputy Prosecuting Attorney
for revision (See Comments)
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract(s), Agenda Request, and Contract Review form. Also, please send 2 copies of just the Contract(s)
(with the originals) to the BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in
BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form 4o stay with contract throughout the contract review process.)
627063 PGS : 7 AGR
09/20/2019 04:23 PM $109.50 DAVID DEITS
Jefferson County WA Auditor's Office - Rose Ann Carroll, Auditor
mill Wr1pyl1im W101 W IMR 1110 M K01 rU 11111
RETURN ADDRESS
Please print neatly or type information
DOCUMENT
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REFERENCE NUMBERS (S) OF RELATED DOCUMENTS
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GRANTOR (S) (Last, First and Middle Initial)
GRANTEE (S) (Last, First and Middle Initial)
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Additional grantee on page G"Y
LEGAL DESCRIPTION (Abbreviated form: i.e. lot,block,plat or section,township,range,quarter/quarter)
Additional legal on page
ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER
q(, 64-1 bb0b 2 4(,5 uooua 3
Additional parcel #'s on pagg�epi
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the doccumehtho
verify the accuracy or completeness of the indexing information provided herein.
I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I
understand tha recording processing requirements may cover up or otherwise obscure some part of the text of
the original ocument. ,
Signature Date