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HomeMy WebLinkAboutKala Point Village Owner's Association (0002) . t11, t?( • • 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) ; KALA POINT VILLAGE Os (OWNERS ' ASSOCIATION) ; KALA POINT VILLAGE, LTD. (DEVELOPER) and KALA POINT UTILITY CO. (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 248-9.6-070 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 . (d) 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 Commissioners. -1- • • voL 4 __ ' kg 334 (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 :tanager. (a) The MANAGER shall be responsible for taking all action • 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 MANAGER 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. -3- �� � I- Lc [ ) 336 (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 k 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. -4- N_ 4 FACE TV'0 33'? • (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 -5- Ai .rE : fl 33 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 equitably 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. -6- O 339 • • • • • (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 Point; and the newly-appointed MANAGER shall assume the duties of MANAGER for all other such on-site systems. 3J, 2 / , /9 7 F JEFFERSON COUNTY - BOARD OF COMMISSIONERS Carroll ga44,0-rni rce , Chairman +/f c A. . 0 ea a, Mem er lees.e4fx<1 B. G. Brown, Member / —7:40J74 / • President S c DEVELOPER - K - } TV5WrTD. = =I *e=#e t=�e�aap �� = cr rrr 2 -7— /3,4-uari' p k tN ei, nr- r c to y ON-SITE WASTE MANAGER KALA POINT UTILITY CO. Or' �. el Cue-for/Li President Secretary --7- f� r � � 4 I' 340 A FkL Parcel 1 Legal Description Kala Point That portion of the SP;';, of the SW3 of Section 26 , Township 30 North, Range 1 West , W.P1. , Jefferson County, Washington described as follows Commencing at the southwest corner of said Section 26, said corner being common to Sections 26 , 27 , 34 , and 35; thence N 01° 43 ' 18" E along the west line of said Section 26, 200 . 00 feet; thence S 08° 23 ' 03" E, parallel with the South line of said Section 26, 948 . 95 feet to the POINT OF BEGINNING; thence N 1° 36 ° 57" E 4 . 05 feet to a point on a curve whose center lies N 1° 36 ° 57" E 30 . 00 feet ; thence easterly, northerly and northwesterly along a curve to the left through a central angle of 168° 37 ' 56" an arc distance of 88 . 30 feet to a point of reverse curvature; thence northwesterly along a curve to the right whose radius lies N 12° 59 ' 01 " F 25 . 00 feet through a central angle of 35° 05 ° 49" an arc distance of 15 . 31 feet ; thence N 41° 55 ' 10" W 60 . 46 feet to a point of curvature; thence northwesterly along a curve to the left with a radius of 210. 00 feet through a central angle of 4° 11 ' 28" an arc distance of 15. 36 feet to a point on the curve whose center lies S 43° 53 ' 22" W; thence N 43° 53 ' 22° F. 94 . 20 feet; thence N 48° 10 ' 00" W 204 . 00 feet; thence N 41° 50 ' 00" E 49. 00 feet to the southerly margin of SAILVIEW DRIVE being 60. 00 feet in width; thence S 4 0 ° 10 ' 00" F along said margin 351 . 00 feet; thence S 41° 50 ° 00" W 180 . 10 feet; thence N 88° 23 ' 03" W parallel with the south line of said Section 26, 31 . 05 feet to the POINT OF BEGINNING, EH Gy Cc, VOL 4 of ( a 341_ E. OLYMPIC HEALTH DISTRICT Receipt No, 9 903 e Caroline p � A Port Angeles, Wa, SEWAGE DISPOSAL PERMIT / 457-6583 Submit in Dupcate Builder r' 802 Sheridan Date Port Townsend, Wa. 385-0722 Installer OWNER / ADDRESS PHONE DIRECTI^NS FOR Ii)CATING SITE ST4tdi z L S EALL NEW SYSTEM REPLACE SYM PARTIAL REPAIR TANK//DR Ij TYPE OF zori NO. OF SITE BUILDING ""f` BEDROOMS BASEMENT ��� SIZE 3�j' W 0 DRAINFIELD LENGTH 429' WIDTH Tbk' DEPTH 30 „ #LINES 5" TANK SIZE (> I25O GAL g TWO COMPARTMENT, DRAW DETAILED PLI Pt t1 'EII)f , STUB PLUMBING OUT ABOVE FOUNDATION FOOTING "d SOIL LOG: I ANY CHANGE IN BUILDING OR SEWAGE DISPOSAL PLANS, OR LOCATION INVALIDATES THIS PERMIT UNLESS PRIOR APPROVAL IS OBTAINED FROM THE HEALTH DEPARTMENT, i/6 7ce. APPROVED: DATE INSPECTED PARTIAL/FINAL DATE SANITARIAN'S COMMENTS: SEE REVERSE SIDE FOR AS BUILT :........ .g 5.c ,k, C,.... 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