HomeMy WebLinkAboutKala Point Utility Company Amendment No. 1 •
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AMENDMENT •
TO
AGREEMENT FOR MANAGEMENT OF
ON-SITE SEWAGE DISPOSAL SYSTEM
Under date of March 7 , 1979 , Jefferson County, acting
by and through its Board of Commissioners (COUNTY) , and Kala Point
Swim & Racquet Club, (OWNER'S ASSOCIATION) ;
Kala Point Co. , General Partner for Kala Point Dev. Co. (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 h day of -d rah , 1980 .
JEFFERSON COUNTY BOARD OF DEVELOPER - KALA POINT COMPANY, a
COMMISSIONERS corporation, General Partner for KALA
POINTOff
DEVELOPMENT CO Y
_ •
A. M. O 'Meara, Chairman Will. . Lindeman, President
(Veld-
Yeg'17 ' /74/24/1
, e 6/:
Carroll M. Mercer, Member 'enate Croom, Vice-President
ON-SITE WASTE MANAGER, KALA POINT
B. G. Brown, Member UTILITY COMPANY, a cor oration
KALA POINT SWIM & RACQUET CLUBOff-
Willis indeman , President
Yetir 4% e ,
Re ate Croom, Vice-President
/ ec_
Clubhouse-Kala Point
JEFFERSON COUNTY HEALTH DEPARTMENT
802 SHERIDAN AVENUE .--)-- .-- _-;
INSTALLER �tAU� I . PORT TOWNSEND, WASHIN —GTON 98368 RECEIPT NO. ' / -
(206) 385-0722
BUILDER C7/4/V ��/471? DATE "-
SEWAGE DISPOSAL PERMIT i
Submit In Duplicate 1
�A aitir DAY 'ZO /1 4,r �o. -- ��GG
Owner Address Phone r
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3 P, T' rk 7o/i?.se rx.
Directions for locating site o
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En
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INSTALL NEW SYSTEM DO REPLACE SYSTEM ❑ PARTIAL REPAIR Er TANK/DRAINFIELD❑
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NO. OFLL // z
BUILDING TYPE OF ���/Ps-- BEDROOMS Al A ' BASEMENT /Yo SIZE W�t.(LA. 5.-- cn Cr.
DRAW DETAILED PLOT PLAN BELOW. STUB OUT PLUMBING ABOVE FOUNDATION FOOTING om 0
SOIL LOGS S t-2 0
Cr) z
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c�Qnc/o5 5 c plan- Z c
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Dig two holes per site. (min.) � r 0
4' deep - 2' dia. - 50' apart 8. flag APPLICANT. r
Drainfield Length .912 -7,,i--_-_ ,---
r Width 144 Depth -3°~ 0 Lines1 A ' - Tank Sit Gal. ;
COMMENTS: Sot C �. 5 v�o4\ \ (05' ee. ) (TWO COMPARTMENTS)
SQL'-\ 3 . \\[ \���-<s• o
/5 4j... �'I `'/ 541��i.<�-.�- l tilt ,4t[` IKy.G D L .1 l i �1.� & (��V-.. d'I ,, : s.��`�'A(..Y,`:
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APPROVED DATE INSPECTED A FINA DATE .
I certify that this system was installed in a manner approved by the Health Department.
INSTALLER'S SIGNATURE DATE DATE INSTALLED
AGREEMENT FOR MANAGEMENT OF Ott-SIT`r. SEWAGE DISPOSAL SYSTEM
(1) Contracting Parties .
This Agreement is between JEFFERSON COUNTY , acting by ,lnd
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through its Board of Commissioners (COUNTY) ; Kala [tint: Swim e. T-,,Y;uf'r
Club (OWNERS ' ASSOCIATION) ; Rala Point c'c ul,sil,
General. Partner for Kala Point I)velo;:rvnt Co.(DEVEI,OPI R) ; and Kaala Point
Utility Ccmlxany (On-Site Waste Ma rizigemtnt ,
hereinafter called MANAGER) .
(2) Purpose .
The purpose of this Agreement is to provide fur the cuntinwui:;
function of a septic waste disposal system on the regal property
identified in Exhibit "A" as is required by WAC 248-96-707 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 thin:
system shall be provided to the HEALTH OFFICER by the DEVUL0E'1:H
and shall be attached as Exhibit "D. "
(3) Definitions.
(a) HEALTH OFFICER - The local authority, includin._r fly duly
appointed representative, that possesses responsibility for o!.t ;ih-
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 t h : unit
and applies for septic approval prior to the units being :;old
to 'other parties .
(d) ON-SITE WASTE MANAGER - That entity responsible tor •
maintenance and management of the on-sit.: waste system. It in
understood that Kala Point Utility Company will be the initial
manager .
(c) COUNTY - Jefferson County, a municipal corporation,
acting by and through its board of Coim:zi:.sioners .
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(f) OWNERS ' ASSOCIATION - An organization composed of I,:ir -
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ties having an ownership interest in the properly :,c!•,-ved !,y tie,!
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on-site waste system. It is anticipated that. the C)t �;RS '
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ASSOCIATION will contract with the MANAGE:R to provide , slier;. !
other things, the on-site waste system ranagemcnt .
(4 ) Devel ucr ; and Own(!rs .
(a) The DEVELOPER shall install t►-L septic dispo:. a1
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system in accordance with WAC 248-96 anc- in conformance t?i t :.
all applicable local rules and regulatiens.
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(b) The DEVELOPER shall pay to the COUNTY In amau:l+_ in
United States dollars equal to the instaIllation cost of thy•
on-site septic system identified in Exhi,b "A".t �tc.xcc_pt
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the cost of the septic tank may be excluded from this yr'� t .
This amount shall be paid within thirty ( 30) clays after . t c: ipt
of notification of the system installation cost .
(c) The DEVELOPER or , after sale of the property, Inc
OWNER shall pay when billed those amounts reLluired by the . :,'; ::+'..
to properly operate , maintain and repair the septic system
identified in Exhibit "A. " Failure to pay that amount lbillc3
within ninety (90) days after mailing of the bill to the lt
known address of DEVELOPER or OWNER shall constitute a lien
against the real property in the same manner a: proviJed fe:. by
law for mechanics ' liens .
(d) The DEVELOPER shall provide MANAGER an operat ion
and maintenance manual for the septic system.
(c) As a condition of any sale of the property serve:
by that septic system identified in Exhibit "A, " the Lr . t:
and/or OWNER shall inform the pureha er of this A'tice.:'.ent ; . .
proyid't the purchaser wtt_:. a copy of the lvjrcowont. ohj any ,1' r•rt.l
ment:i thereto; and shall i ncorporat.".r.! thi :i /\ni `e::ent.. a::. a p,: !
any dacument for the sal. and purchase or the ...rid prope: t.;,. .
( 5) On-f:i t_e i;a:;tc! i'lanar:cr .
(a) The :a1:; IZ sh: 1 be responsible to' taki :. ,. : 1 .k . r ! (
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necessary to insure the septic system is properly operated and ri ,t int a i i:, ••1 .
The actual work may. be contracted out to qual1if ied private or public
parties where appropriate . As a part of the r'ANAGER ' S function , it shall
make at least an annual inspection of the septic system. All plans fc,
repair and/or replacement of the septic syste;n shall be approved by the
HEALTH OFFICER in advance of any work performed . The HEALTH OFFICER ah.t i
review all plans submitted by the MANAGER wi bin a reasonable t. i a .
(b) The MANAGER shall arrange with a party , properly Been•; d for
septic tank inspection and pumping , for the i'nspeckion and nurt;ti :t.t ,r
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the on-site waste system. The MANAGER shall have the septic system puei
at least annually and more frequently if regi fired to maintain thy• :.y:•' , • t
in proper order. (A " -%ate/��) t
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(c) The MANAGER shall maintain and kee a complete record of .t t 1
work performed on the septic system, including inspection , maint •:t.,nee ,
pumping and repair, and shall also keen a ,.iwrilar record of all c,1 1 , .
with the septic system, including reports of any problems . A c•L,yy 01
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these records shall be provided to the HEALTH Of'I'ICER every twelve ( 1 :' )
months and the said records shall be made available by the ,bV:\+.'::I: dur i
. normal business hours to any party to this Agreement .
(d) The MANAGER shall determine what amaunt:s shall be regnired to
adequately provide for normal inspection and maintenance of the c y( ic:
system and shall bill and collect from- the DEVELOPER or OWNER th:tt .tr;.).::lt
The MANAGER shall keep accurate records of the monies received and all
expenditures of such funds . A copy of these records shall be providei
to the HEALTH OFFICER every twelve ( 12) months and the said retards ::h , I :
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 c r::o:t.
who are familiar with the maintenance and operation of similar on-site
sewage systems , after conferring with the HEALTH OFFICER.
( f) The M NACER . shall follow the requirements of the operaL ion a: .'
maintenance manual provided for the septic system by the f)EVELr)'.'I:i:.
(g) The MANAGER shall assist the HEALTH OI•'I-'iCF.It in any in. .' (:Lin'
of the on-sit: taste 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 heroin; Entry shall be in :a
manner creating the least disturbance to the residents any! to
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the real property , but in a manner consistent with cf f icie•nt
operation and maintenance of the system
(6) Health Officer. ! .
(a) In conjunction with his sther duties as HEALTH Ot't' !Ci 1 ,
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. the IIEALTII OFFICER may inspect the on-site waste dislosal s:)•_:t ' t,i
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at any time during normal bus.incs: hours . In the event the,
HEALTI! OFFICER determines that the on-site waste disposal sy rtem
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is not functioning properly, he will advise the MANAGER in writ in
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of the problem. The MANAGER shall , 'within fifteen ( 15) day_, o i
the date of mailing of the notice , init ..rate corrective act it0n .
In the event the problem has not been cOrrected within :, ixty (t;Oi
• days of the date of mailing , the HEALTH : OFFICER has the .Int nori t
under this Agreement to do two things: (1) The HHEid.'!'tt orricl:t;
may designate a new on-site manager; and/or ( 2 ) he may repAi r ,
replace and/or provide any required naainten_anco for this c'n - it o
waste disposal system.. Action by the HEALTH OFFICER shall only
be taken after discussion and rev iew 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 IIEALTII OFFICER shall advise the MANAGER in writing of the
performance deficiency. Should the MANAGER fail to correct .any
such deficiencies within fifteen ; 1 5) days after mailing of
notification, or should the MANAGER repeatedly fail to pr.-op riy
perform after notification of performance deficiencies, the
HEALTH OFFICER may advise the CG':NT'i ofI the: 'tANAGLR' failure
to perform and the COUNTY may then contLct with a new MANAGER
for performance of the MANAGER ' ; duties . An;. such NANACEit
shall execute an agreement , str:i la. to this A(,reet ent , which : h i i .
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outline its duties and responsibilities!
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(7) County.
The COUNTY shall hold and manage tht emergency trust t e::ervf.
fund and shall pay from the fund those artount.s required to repair
or replace the on-site waste disposal. system. Should fund:.. he
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unavailable to perform required septic t.r►nk pumping or other im i -
lar , required maintenance operations , these trust funds may ,-► lo
be used by the COUNTY to perform that work.
(b) The COUNTY may , also, manage or contract for rtat►:tHei.ment
of the on-site waste disposal system when the t1ANAGEP fail :: to
fulfill its obligations and has been advised of that t.ci 1 ►►► in
accordance with Section (6) above .
(c) Following any expenditure of emergency trust reserve
funds the COUNTY shall assess and colle
t from the OWNERS that
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amount required to replenish the `_rust fund. This assessment
shall be a lien against the property , at provided for by law
for mechanics ' liens . Any notice of asr;essment shall be directe•(t
to both the OWNERS and to the OWN:::RS ASSOCIATION .
. (B) Emergency Trust Reserve Fund..
(a) An emergency trust reserve fund shall be established
to provide a reserve in an amount adequate to pay the cont. 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 Ow or iOnr►l
cost of the on-site septic syste-.; except the cost of the :iept is
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tank may be excluded from this . ,. ;mc..nt . These funds shall he
held in an interest-bearing accont by the County .
(c) At such time as the e-.•argenc, reserve trust fund
• equals an amount which is two ( 2 , timesn the cost of the initial
installation of the septic syste:'., excluding the cost of the
septic tank itself , the COUNTY Ehall review the replacement c.).. t
of the septic system and determine whether or not interest
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should continue to be accumulated or whei:her Cuture interest
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should be disbursed to the OWNERS .
(9) Termination of Alicement _
(a) This Agreement shall remain in' force until all OR—s;ite
sewage systems covered by this Agre ccnenti have been abandoned
and the dwelling units or other buildinc;is served by such ayt.tc n
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 ;::ecart•ed by ,:euthot i 1 y of
this Agreement. The balance of any funds remaining from s:ei.t .ic
system management assessments shall be divided equitably Anon i
all OWNERS in proportion to their average monthly service c:h.er (i
for the previous twelve (12) months .
(c) At such time as this on-site waste system is tetploc.ed
by a public or private sewage treatment 'acilit.y , the fun I • ,ee'<.cfl U-
late:d in the emergency trust reserve fund shall be paid to the
entity constructing the said sewage facility , provided t.h:at thi
amount of trust funds is applied to the O' NEP ' s financial obl ic;.1-
tion for such sewage facility . In the event there is no fin:Incirel
obligation of the OWNERS for such facility or in the event use of
the existing on-site waste system is discontinued and no repl..+ct' -
rent facility of any kind required , and this agreement is terminate
the COUNTY shall distribute the balance of the emergency t rw:t
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 right ::
or obligations of any OWNER not a party to this Agreement , in
any manner other than fee schedules and fee: collection provi :: ioH,: ,
concurrence must also .he obtained from an' such OWNUf.
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(11) Change of Manager.
It is contemplated that more that one on-site waste dispo 1
system will be established in the Kala Point Development . To
provide for efficient and effective management of such sy::tem:: ,
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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-:: ite
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. I
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JEFFERSON COUNTY - BOARD OF COMMISSIONLRS
c
'-sQ- '‘c\ 01_.aii,c4/1)7 Al/1.4/cm
Carroll M. Mercer, •{:l..eiia:►an me,raer-
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e' ( ------
. 0 Meara , _ cAe 0 mqd
B. G. Brown,, Men er
KAL POINT SWIM & RACrAn -CLtliii
:)
(/'' LA2. /V/. '---\/-:- , - (
� " --
/' / i'resi_�3ent
/ ,A?' .--()c-'
l_.
Vice-President
DEVELOPER - KALA POINT COMPAN, -p a Corporation
General Partner for Kala Po lit Dc;-Kelopm'rnt Colni�.►,:
7A0)1,y/A_____._
J
/7 r
President
2 ,,
...P ic, \e CF_____---
Vice-President
ON-SITE WASTE MANAGER - KALA -P,T. UTILITY CO. ,
A A ORPOl TION
/...-.21--IL // 1.---- , -----
President
, -
/--t-7,/‘7 :_C-. C
Vice-President
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"EXHIBIT A"
Kala Point Recreation Center Site 77-192
1/29/79
That portion of the Southwest quarter of the Southwest quarter of Section 26,
Township 30 North, Range 1 West , W.M. , Jefferson County, Washington, described
as follows :
Coanencing at the Southwest corner of said Section 26; thence S88"23'03"E , alone
the south line of said Section 26 a distance of 1218.00 feet to the POINT OF
BEGINNING; thence continuing along said south line of Section 26, a distance
of 300. 00 feet ; thence N28°52 '25"W, a distance of 324. 15 feet to the southerly
margin of Sailview Drive as described in instrument recorded under Auditor ' s
File No. 249029, records of Jefferson County, Washington, said point of intersection
being on the arc of a curve the center of which bears N28°52 '25"W, 180.00 feet
distant , thence easterly along said southerly margin and along the arc of said
curve through a central angle of 51 °36'30" an arc distance of 162. 13 feet ;
thence leaving said southerly margin S41 "50100"W 97.00 feet; thence N21 "47'02"W
209. 70 feet to the POINT OF BEGINNING.
TRIAD ASSOCIATES WRITTEll BY u
1960-11211lAVENUE N.E. CHECKED BY_1
BELLEVUE. WA 98004
COMPARED C,•
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,:5 +-s114^,.i.. ,nr+M..n+r.;a'.,.,,..•.,tn.4.4040, ,0,4*li 1.4. tii. .e4,„ ;yw+x,.,n". -> tz� ,.
Pei 4
AMENDMENT
TO
AGREEMENT FOR MANAGEMENT OF
_ON-SITE SEWAGE DISPOSAL SYSTEM
I Under date of March 7, 1979, Jefferson County, acting
by and through its Board of Commissioners (COUNTY) , and Kala Point
Swim & Racquet Club, (OWNER'S ASSOCIATION) ;
Kala Point Co., General Partner for Kala Point Dev. Co. (DEVELOPER) ; and KALA
POINT UTILITY COMPANY (On-Site Waste Management, hereinafter called
MANAGER) , entered an Agreement for Management of On-Site Sewage .s
' Disposal System. I
x'
WHEREAS, it now appears that there is no necessity to require that
the septic tank system be ,'
p y 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
1 and pumping of the on-site waste system. The MANAGER shall
i 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 j ' day of ee:E•ktidt .r....y,
1980.
JEFFERSON COUNTY BOARD OF DEVELOPER - KALA POINT COMPANY, a '
COMMISSIONERS corporation, General Partner for KALA
i • POINT DEVELOPMENT CO 4 . A _..._. (///{�Y
.__ ,i. ,
_ 14. O'Meara, Chairman Will . Lindeman, President y
LI
ifie7.4,1 r / , ilf/M/C24 , • ,,,,,14.
Carroll M. Mercer, Member Ienate Groom, Vice-President
A.vtn...1„) ON-SITE WASTE MANAGER, KALA POINT
B. G. Brown, Member UTILITY COMPANY, a r co oration ''-',
KALA POINT SWIM & RACQUET CLUB 6.____.2j20,,_
_ ( t
r.---- (..4-2--•
•
Willis indeman, President
1. x.. P c_ y/L,-,, e 4. ,--- ,.
' Re ate Croom, Vice-President f
: e- ( 4 .
,
Clubhouse-Kala Point
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TO FROM
Kathy Stafford, Administrator JEFFERSON COUNTY C7?. I $SS!ONERS
Jefferson County Health Department
Courthouse
FORT TOWNSEND, WASHINGTON 93363
SUBJECT - DATE
Kala Point 0n88ite Seweage Disposal Agreement for Rec Center 6/14/90
MESSAGE:
Dear Kathy,
Attached is the amendment that you asked for. Please let me know if you need anything
else on this matter before you review it with Peter and the Health Board.
ORIGINATOR-DO NOT WRITE BELOW THIS LINE REPLY TO SIGNED :rn AA.
REPLY
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DATE SIGNED
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SEND PARTS 1 AND 3 INTACT-PART 1 WILL BE RETURNED WITH REPLY
RM-858-3
ORIGINATOR'S C
ORIGINATOR DETACH AND FILE FOR FOLLOW UP