HomeMy WebLinkAboutKala Point Condominium Owner's Association - ?jv,\4 IC
AGREEMENT FOR MANAGEMENT OF ON-SITE SEWAGE DISPOSAL SYSTEM
(1) Contracting Parties.
This Agreement is between JEFFERSON COUNTY, acting by and
through its Board of Commissioners (COUNTY) ; "Cala Point.Condominium
_Niter's Association (OWNERS ' ASSOCIATION) ;Kala Point Company, General
Partner for Kala Point Development Company (DEVELOPER) ; and Kala Point Utility
Company (On-Site Waste Management, hereinafter
called MANAGER) .
(2) Purpose. •
The purpose of this Agreement is to provide for the continuous
function of a septic waste disposal system on the real property
identified in Exhibit "A" as is required by WAC 248-96-070 and all
applicable Jefferson County ordinances. Exhibit "A, " which by
this reference is incorporated herein, both identifies the real
property and shows the approved on-site waste disposal system.
Upon completion of the septic system, the as-built plans- for this
system shall be provided to the HEALTH. OFFICER by the DEVELOPER
and shall be attached as Exhibit "B. "
(3) Definitions.
(a) HEALTH OFFICER - The local authority, including any duly
appointed representative, that possesses responsibility for estab-
lishing and maintaining health and sanitation regulations related
to on-site sewage disposal systems.
(b) OWNER - The legal owner of an interest in property served
by the on-site waste system including any subsequent purchaser of
such interest.
(c) DEVELOPER - The party that develops and builds the unit
and applies for septic approval prior to the units being sold
to other parties .
(CO ON-SITE WASTE MANAGER - That entity responsible for
maintenance and management of the on-site waste system. It is
understood that Kala. Point Utility Company will be the initial
manager.
(e) COUNTY - Jefferson County , a municipal corporation,
acting by and through its Board of Comm?ss_ --rs .
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(f) OWNERS ' ASSOCIATION An organization composed of par-
ties having an ownership interest in the property served by the
on-site waste system. It is anticipated that the OWNERS '
ASSOCIATION will contract with the MANAGER to provide, among
other things ; the on-site waste system management.
(4) Developers and Owners.
(a) The DEVELOPER shall install the septic disposal
system in accordance with WAC 248-96 and in conformance with.
all applicable local rules and regulations.
(b) The DEVELOPER shall pay to the COUNTY an amount in
United States dollars equal to the installation cost of the
on-site septic system identified in Exhibit "A" except
the cost of the septic tank may be excluded from this payment.
This amount shall be paid within thirty (30) days after receipt
of notification of the system installation cost.
(c) The DEVELOPER or, after sale of the property, the
OWNER shall pay when billed those amounts required by the MANAGER
to properly operate, maintain and repair the septic system
identified in Exhibit "A. " Failure to pay that amount billed
within ninety (90) days after mailing of the bill to the last
known address of DEVELOPER or OWNER shall constitute a lien
against the real property in the same manner as provided for by
law for mechanics ' liens.
(d) The DEVELOPER shall provide MANAGER an operation
and maintenance manual for the septic system.
(e) As a condition of any sale of the property served
by that septic system identified in Exhibit "A, " the DEVELOPER
and/or OWNER shall inform the purchaser of this Agreement; shall
provide the purchaser with a copy of the Agreement and any amend-
ments thereto; and shall incorporate this Agreement as a part of
• any document for the sale and purchase of the said property.
(5) On-Site Waste Manager.
(a) The MANAGER shall be responsible for taking all action
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t necessary to insure the septic system is properly operated and maintained.
The actual work may be contracted out to qualified private or public
parties where appropriate . As a part of the MANAGER'S function, it shall
make at least an annual inspection of the septic system. All plans for
repair and/or replacement of the septic system shall be approved by the
HEALTH OFFICER in advance of any work performed. The HEALTH OFFICER shall
review all plans submitted by the MANAGER within a reasonable time.
(b) The MANAGER shall arrange with a party, properly licensed for
septic tank inspection and pumping, for the inspection and pumping of
the on-site waste system. The MANAGER shall have the septic system pumped
at least annually and more frequently if required to maintain the system
in proper order.
(c) The MANAGER shall maintain and keep a complete record of all
work performed on the septic system, including inspection, maintenance,
pumping and repair, and shall also keep a similar record of all problems
with the septic system, including reports of any problems . A copy of
these records shall be provided to the HEALTH OFFICER every twelve (12)
months and the said records shall be made available by the MANAGER during
normal business hours to any party to this Agreement.
(d) The MANAGER shall determine what amounts shall be required to
adequately provide for normal inspection and maintenance of the septic
system and shall bill and collect from- the DEVELOPER or OWNER that amount.
The MANAGER shall keep accurate records of the monies received and all
expenditures of such funds . A copy of these records shall be provided
to the HEALTH OFFICER every twelve (12) months and the said records shall
be made available by the MANAGER during normal business hours to any
party to this Agreement.
(e) The MANAGER shall employ and contract with only those persons
who are familiar with the maintenance and operation of similar on-site
sewage systems , after conferring with the HEALTH OFFICER.
(f) The .^1ANAGER' shall follow. the requirements of the operation and
maintenance manual provided for the septic system by the DEVELOPER.
(g) The MANAGER shall assist the HEALTH OFFICER in any inspection
of the on-site waste system.
n. 361
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(h) The MANAGER shall be authorized to enter upon the
property served by the septic system described in Exhibit "A"
to perform its duties as set out herein. Entry shall be in a
manner creating the least disturbance to the residents and to
the real property, but in a manner consistent with efficient
operation and maintenance of the system.
(6) Health Officer.
(a) In conjunction with his other duties as HEALTH OFFICER,
the HEALTH OFFICER may inspect the on-site waste disposal system
at any time during normal business hours . In the event the
HEALTH OFFICER determines that the on-site waste disposal system
is not functioning properly, he will advise the MANAGER in writing
of the problem. The MANAGER shall, within fifteen (15) days of
the date of mailing of the notice, initiate corrective action.
In the event the problem has not been corrected within sixty (60)
days of the date of mailing, the HEALTH OFFICER has the authority
under this Agreement to do two things : (1) The HEALTH OFFICER
may designate a new on-site manager; and/or (2) he may repair,
replace and/or provide any required maintenance for the on-site
waste disposal system. Action by the HEALTH OFFICER shall only
be taken after discussion and review by the COUNTY.
(b) The HEALTH OFFICER shall periodically review the work
being performed by the MANAGER. At any time when the MANAGER
has failed to fully comply with its duties as outlined herein,
the HEALTH OFFICER shall advise the MANAGER in writing of the
performance deficiency. Should the MANAGER fail to correct any
such deficiencies within fifteen (15) days after mailing of
notification, or should the MANAGER repeatedly fail to properly
perform after notification of performance deficiencies, the
HEALTH OFFICER may advise the COUNTY of the MANAGER' s failure
to perform and the COUNTY may then contract with a new MANAGER
for performance of the MANAGER' s duties . Any such MANAGER
shall execute an agreement, similar to this Agreement, which shall
outline its duties and responsibilities.
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(7) County.
The COUNTY shall hold and manage the emergency trust reserve
fund and shall pay from the fund those amounts required to repair
or replace the on-site waste disposal system. Should funds be
unavailable to perform required septic tank pumping or other simi-
lar, required maintenance operations, these trust funds may also
be used by the COUNTY to perform that work.
(b) The COUNTY may, also, manage or contract for management
of the on-site waste disposal system when the MANAGER fails to
fulfill its obligations and has been advised of that failure in
accordance with Section (6) above.
(c) Following any expenditure of emergency trust reserve
funds , the COUNTY shall assess and collect from the OWNERS that
amount required to replenish the trust fund. This assessment
shall be a lien against the property, as provided for by law
for mechanics ' liens. Any notice of assessment shall be directed
to both the OWNERS and to the OWNERS ASSOCIATION. •
(8) Emergency Trust Reserve Fund.
(a) An emergency trust reserve fund shall be established
to provide a reserve in an amount adequate to pay the cost of
repair or replacement of the on-site sewage system; except the
cost of the septic tank may be excluded from this amount. The
monies for the emergency reserve trust fund shall be paid to the
COUNTY by the DEVELOPER.
(b) The amount of United States dollars paid to the
COUNTY by the DEVELOPER shall be an amount equal to the original
cost of the on-site septic system; except the cost of the septic
tank may be excluded from this payment. These funds shall be
held in an interest-bearing account by the County.
(c) At such time as the emergency reserve trust fund
equals an amount which is two (2) times the cost of the initial
installation of the septic system, excluding the cost of the
septic tank itself , the COUNTY shall review the replacement cost
of the septic system and determine whether or not interest
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VOL• . 4 ucc [1) 363
should continue to be accumulated or whether future interest
should be disbursed to the OWNERS .
(9) Termination of Agreement.
(a) This Agreement shall remain in force until •.all on-site
sewage systems covered by this Agreement 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 treatment facility.
(b) At such time as this Agreement is terminated, the
MANAGER shall pay all outstanding debts incurred by authority of
this Agreement. The balance of any funds remaining from septic
system management assessments shall be divided eauitably among
all OWNERS in proportion to their average monthly service charge
for the previous twelve (12) months .
(c) At such time as this on-site waste system is replaced
by a public or private sewage treatment facility, the funds accumu-
lated in the emergency trust reserve fund shall be paid to the
entity constructing the said sewage facility, provided that this
amount of trust funds is applied to the OWNER' s financial obliga-
tion for such sewage facility. In the event there is no financial
obligation of the OWNERS for such facility or in the event use of
the existing on-site waste system is discontinued and no replace-
ment facility of any kind required, and this agreement is terminated,
the COUNTY shall distribute the balance of the emergency trust
reserve fund to the OWNERS in a manner proportionate to their
respective interests.
(10) Amendment of Agreement.
This Agreement may be amended by mutual consent of the
parties hereto; EXCEPT, that if such amendment affects the rights
or obligations of any OWNER not a party to this Agreement, in
any manner other than fee schedules and fee collection provisions,
concurrence must also be obtained from any such OWNER.
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364
A
(11) Change of Manager.
It is contemplated that more than one on-site waste disposal
system will be established in the Kala Point Development. To
provide for efficient and effective management of such systems,
it is also contemplated that a single party will act as MANAGER
for all of these systems. Therefore, should the MANAGER of
any on-site disposal system at Kala Point be removed and a new
MANAGER appointed, that removal shall act to remove the
MANAGER from management responsibilities of all other on-site
waste disposal systems at Kala Pont, and the newly-appointed
MANAGER shall assume the duties of MANAGER for all other such
on-site systems. Jle,/- , l l /9 7 ' .
JEFFERSON COUNTY - BOARD OF COMMISSIONERS
. eaNixim. , ,
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Carroll M. Mercer, Chairman
c 4 60% .11 . .. _
A. . Ieara Member
B. G. Brown, "ember
KALA POINT OMI IUM OWNERS ' ASSOCIATION
k-
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President
Secretary
DEVELOPER - KALA POINT D 't �'PANY, l "r roor/a'T,e '
General Partner r K a Point Development Company
/ ? !'
V� President
(_e._e
- -A - --.
Secretary
N-SITE WASTE 'TANAGER - A POINT UTILITY CO.
'.: /L:.. Al („.--- G' ' -' IL. Corr '
President
-____L- SSLS;7_yd:.--;;"-------
Secretary
VOL 4 i'Ac* 1. 9 365
(3 5 5 5
Hi HI1` _
IN JFFECP ON COUNTY, G'ASHINGTON
UNIT NOS . 1020 TO 1029, INCI U`IVE [-WILDING NO. 2, KALA POINT CONDOMIN-
IUMS NO. 1 AS RECORDED IN \"'OI l;'1L 1 m (J)NHDY. INIUMS, PAGES 91 AND 42,
UNDER AUDITOR ' S FILE NO . ; LCOi H ,ii l [ERSoN COUNTY,
IlA SHING I Ol`i AND AMENDED BY A . BU I 1 f f'ECOE•'.DED IN VOLUME I OF
CONDOMINIUMS PAGE S 92 TO 99, 1N.: 1_USI � L , PEECRDS OE JEFFERSON COUNT
UNDER: AUDITOR ' S FILE NO. 238847 ; IOCFIHER Ni1H .29. 421 PERCENTAGE OF
..UNDIVIDED INTEREST IN THE (JJIUON AND LIMITED COMMON AREAS AND
FACILITIES APPURTENANT APPURTENANT THERETO, DESCRIBED IN THE DECLARATION OE
CONDOMINIUM UNDER THE HOR I SON IAE PROPERTY REGIMES ACT OF THE S1Al I
OF WASHINGTON, AS RECORDED ON THL ; 0 0/ST Ci NOVEMBER, 1976,, UiNDL.0
AUDITOR S FILE NO. 238239, AT VOI U11E 78 OF OFL IICIAL. RECORDS ON
PAGES 4474 TO 590, INCE U; I VI- , EI II. LA ] D APAETMi_rli, COMMON PROPERTY
AND LIMITED COMMON I'ROIL kIY [II INC, `_SHFHJLCI 10 RLSTRICTIVE COVENANTS,
RIGHTS AND EASEMENTS FOR THE PROVISION OF UTILITIES, ACCESS AND
DRAINAGE AS MAY BE SET E-ORlll IN THE ' DECLARATION OF CONDOMINIUM ABOVE
MEN1IONED, AND FURTHER I_XCIPTINCC AND L [ t-,EEViNG UNTO THE GRANTOR, ITS
SUCCESSORS AND ASSIGNS, THE EASFMEN CS AND RESERVATIONS FOR INGRESS,
AND EGRESS AND UTI LI TIES, AMONG C)THE PS, Stil 1-. 011TH IN SAID DECLARATION . C
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No_ 4 FACE O 366
903 E. Caroline OLYMPIC HEALTH DISTRICT Receipt No, p;2.9Q'-3
- Port Angeles, Wa, SEWAGE DISPOSAL PERMIT a
457-8583 Submit in DupAeate Builder
802 Sheridan Date
Port Townsend, Wa,
385-0722 Installer
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OWNEFr ADDRESS HONE
DIRECTr:NS FOR LOCATING SITE /1'64 PatM,t('ma �`Z= i5/oGclteL( a t t7 e/ � , ,,,,.�n;v4,
OS, (Mw li-et 4 J W, o thet row. ,4/oGaf roxv mar cs dn, bye lay,,- o
(INSTALL NEW SYSTEM1D REPLACE SYSTEM° PARTIAL REPAIRED TANK/DRAINFIELD a�
TYPE OF condorntrrr n. NO. OF krm, SITE �ys
BUILDING BEDR'JOM ,20 �a
S ,, _,BASEMENT SIZE ' ,�/f
DRAINFIELD LENGTH 0 ` WIDTH DEPTH Iran #LINES // TANK SIZE]) °GAL g
(S tsof ,) cs,./„ ) TWO COMPARTMENT,
DRAW DETAILED PL f i i`i AELUd. §TUA PLUMBING OUT ABOVE FOUNDATION FOOTING
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ANY CHANGE IN BUILDING OR SEWAGE DISPOSAL PLANS, OR LOCATION INVALIDATES THIS PERMIT
UNLESS PRIOR APPROVAL IS OBTAINED FROM THE HEALTH DEPARTMENT,
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APPROVED: DATE INSPECTED PARTIAL,/FINAL DATE
SANITARIAN'S COMMENTS:
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SEE REVERSE SIDE FOR AS BUILT
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