HomeMy WebLinkAboutKala Point Village Owner's Association (0003) s
AGREEMENT FOR MANAGEMENT OF ON-SITE SEWAGE DISPOSAL SYSTEM
(1) Contracting Parties.
This Agreement is between JEFFERSO': COUNTY, acting by and
through its Board of Commissioners (COUTY) ;
KALA POINT VILLAGE (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 require: 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 CFFICER by the DEVELOPER
and shall be attached as Exhibit "B. "
(3) Definitions .
(a) HEALTH OFFICER - The local authority, including any duly
appointed representative, that p.pssesses 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
an.: applies for septic approval prior ts the units being sold
• to other parties .
(c.) Off, -SIT i-.A:&TE. .'ANACEP - That entity - sp O nsibie for
rnainte .ar and m ._.a'7emcnt of the c[!- waste tem. It is
un',. • rsto d that Kala Point Utility Com_ ___'t will he the initial
manger .
(e) COUNTY - Jefferson Count',, a nunicip_l cor_oration,
a• LI.r:..( by and ti-1.7c. `t:. i ..s I.3:i_ (.i ' t Conn.:ssione
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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
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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 O:•:_;ER shall inform the purchaser of this Agreement; shall
provide the purchaser with a copy sf the Agreent and any amend-
ments thereto; and sna ll incor; orate this Agreement as a part of
any document for the sale and purchase of the said property.
(5) On-Site Waste gayer.
(a) The riANAC_.a shall be responsible for taking all action
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AMENDMENT
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TO
AGREEMENT FOR MANAGEMENT OF
ON-SITE SEWAGE DISPOSAL SYSTEM
Under date of February 21 , 1978 , Jefferson County, acting
by and through its Board of Commissioners (COUNTY) , and Kala Point
Village Owner' s Association (OWNER'S ASSOCIATION) ;
Kala Point Village, Ltd. (DEVELOPER) ; and KALA
POINT UTILITY COMPANY (On-Site Waste Management, hereinafter called
MANAGER) , entered an Agreement for Management of On-Site Sewage
Disposal System.
WHEREAS, it now appears that there is no necessity to require that
the .septic tank system be pumped annually, and
WHEREAS, there is no specific requirement for annual pumping of
septic systems; Now, Therefore,
IT IS AGREED AS FOLLOWS :
Section (5) , On-Site Waste Manager, (b) , is hereby changed to read
as follows :
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 tank system inspected annually and pumped
periodically as necessary to maintain the system in
functional order or no less than once every five years as
outlined in the Developer ' s "Operation and Maintenance
Manual for On-Site Sewage Disposal System. "
DATED this day of d g7, 1980 .
�y
JEFFERSON COUNTY BOARD OF DEVELOPER - KALA POINT VILLAGE, LTD.
COMMISSIONERS
A. f O Meara, Chairman
Carroll M. Mercer, Membe
/ ON-SITE WASTE MANAGER, KALA POINT
B. G. Brown, Member UTILITY COMPANY, a c oration
KALA POINT VILLAGE OWNER'S ASSOC. (A.A6) , .
' Willi Lindeman , President
.n to Croom, Vice-President
Kala Point Village Phase 1
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necessary to insure the septic system is properly operated and maintained_
The actual work may be contracted out to qualified private sr 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 H N .GER 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. 3/9//.o)
(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
swage systems , after conferring with =hc HEALTH OFCI:-'.R.
(f) oMANAGER shall follow re uireraer,ts of the operation and
• m_ into nnce :manual provided for the s _ is system by the DE". :LOVER.
(g) The MANAGER shall. assist the HEALTH OFFICER in any inspection
of the on-site waste system.
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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 cons.istent .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 •
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such deficiencies within fifteen (15) days after mailing of
notification, or should the MANAGER repeatedly fail to properly •
• perform after notification of per_ormaf:ce deficiencies, the
HEALTH OFFICER may advise the CO= of the _.ANAGFR' 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 ma'., also , manage or contract for management
of the on-site waste disposal system when the MANAGEP. fails to
fulfill its obligations and has been advised of that failure in
accordance with Section (6) above.
(c) Following and 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
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repair or replacement of the on-site • sewage system; except the
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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
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COUNTY by the DEVELOPER shall be an amount equal to the original
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. cost of the on-site septic system; except the cost of the septic
• tank may be excluded from this rayment. These funds shall be
held in an interest-bearing account by the County.
(c) At such time as the emergency reserve trust fund
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equals an amount which is two (2 ; times the cost of the initial• installation of the se_Tle system, excluding the cost of the
septic tan'.: itself , the COUNTY shall review the replacement cost
of the septic system and determine whether or not interest
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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 O NER' 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 m'.:_ual consent of the
parties hereto; EXCEPT , that if amendment affects the rights
or obligations of any 0,,,:ER not a arty to this Agreement, in
any manner other than fee schecul_: and fee collection provisions ,
concurrence must also be obtained from a^ , such OWNER.
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( 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 MANGER 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
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on-site systems. 3�- � � ��
JEFFERSON COUNTY BOARD OF COMMISSIONERS
/$74 /74 /
Carroll M. Mercer,� Chairman
91
A. P . 0 Pea a, Member
B. G. Brown, Member
, A =a6a. lir'FC}Isag I TT- el r±eN
• President
DEVELOPER - K -MtV6-061 TD.
a.=11a -e t=I a=fie 'rt..=f3z-=ter l,c= trr
C(7 Q � TJ-eL
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\i /\ c t\y� \r -
ON-SITE WASTE MANAGER KALA POI`;= UTILITY CO.
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President
-- - ) Secretary
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Legal Description ')
Kala Point
That portion of the the F.W of'
, Section 26 , Township30 North . range 1 Uest., 1-+.i1. , a1ef erso i Conn -y, Washington n
described as follows -
Commencing at the southwest corner of said Section 26, . said
corner being common to Sections 26 , . 2
7 , 34 , and 35; thence N
O1° 43 ' 18" E along the went line of said Section 26, 200. 00
feet; thence S 3f,^ 23 ' 03" h South ne o_
rr parcz].le�. with :_ C'_ 7 i f
said Section 26, 942 . 95 feet to the POINT OF BEGINNING; thence
ICI 1° 36 ' 57" E 4 . 05 feet to a point on a curve whose center
lies N 1° 36 ' 57" F 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 ';" 05 ' 49" an arc distance of 15.31 feet;
thence N 41° 55 ' 10" !/ 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 SlILVIEG7 DRIVE being 60.00 feet
in width; thence S 48° 10 ' 00" E 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 BECIINNTNG,