HomeMy WebLinkAboutKala Point Utility Company t .
. AGREEMENT FOR MANAGEMENT OF ON-SITEISEWAGE DISPOSAL SYSTEM
(1) Contracting Parties .
This Agreement is between JEFFERSON1COUNTY, acting by and
through its Board of Commissioners (COUNTY) ; Kala Point pf#mwygg0
Village Owner' s Association
CCU1 (OWNERS ' ASSOCIATION) ;
Kala Point Village , Ltd. .(DEVELOPER) ; and Kala Point
Utility Carpany (On-Site Waste Management ,
hereinafter called MANAGER) .
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(2) Purpose.
The purpose of this Agreement is to: provide for the continuous
function of a septic waste disposal system on the rail 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, el- 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. • •
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(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 .
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M :7) Li 1323
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(f) OWNERS ' ASSOCIATION - An organization composed of par-
ties having an ownership interest in thcf property served by the
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on-site waste system. It is anticipated that. the OWNERS '
ASSOCIATION will contract with the MANAGER to provide , 'amony,
other things, the on-site waste system ranagement.
(4) Developers and Owners..
(a) The. DEVELOPER shall install the septic disposal
system in accordance with WAC 248-96 an in conformance with
all applicable local rules and regulati ns.
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(b) The DEVELOPER shall pay to th COUNTY an amount in
States. dollars equal to the inst Ilation 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
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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 ;.ANAGER
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 servec:
by that septic system identified in Exhibit "A, " the DEVL'LCPrR
and/or OWNER shall inform the purchaser of this Agree:7:ent ; shall
provide the purchaser with a copy of the Agreement an : any ar ',u1-
- ments thereto; and shall incorporate this, Agreement as a pir� of
. any document for the sale and purchase of the said property.
(5) On-Site Waste Manager .
(a) The l:AN'ACER shall be responsible for takir.-: a. l action
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VOL Di FAH 0 1344
necessary to insure the septic system is properly operated and maintainc -
:he actual work may.• be contracted out to qualified private or public
parties where appropriate . As a part of the 1ANAGER'S function , it shall
make at least an annual inspection of the se tic system. All plans for
repair and/or replacement of the septic syst 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 punpei
at least annually and more frequently if req fired to maintain the syt:tc•:t
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in proper order .
(c) The MANAGER shall maintain and kee_ 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 probl.en.
with the septic system, including reports of any problems . A copy of
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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 .
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(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 .
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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
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party to this Agreement.
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(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 HE1LTU OFFICER.
(f) The :•tANAGER. shall follow the requirements of the operation and
maintenance manual provided for the septic system by the DEVELOPER. !�
(g) The MANAGER shall assist the IlEALTii OFFICER in any inspection
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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 de cribed in Exhibit "A"
to perform its duties as set out herein Entry shall be in a
manner creating the least disturbance t , 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-s_te waste. disposal system
at any time during normal business hours. In the event the
HEALTH OFFICER determines that the on-s to waste disposal system
is not functioning properly, he will advise the MANAGER in writing
of the problem. The MANAGER shall , within fifteen (15) clays 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 (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
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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 CG:NTY of the MANAGER' s failure
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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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VOL • ..) r��,� r 132E
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(7) • County.
The COUNTY shall hold and manage th emergency trust reserve
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fund and shall pay from the fund those amounts required to repair
or replace the on-site waste disposal sy!,tem. Should funds be I
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unavailable to perform required septic tank pumping or other simi-
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lar , required maintenance operations , these trust funds may also
be used by the COUNTY to perform that wrk .
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(b) The COUNTY may , also , manage or contract for management
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of the on-site waste disposal system when the MANAGER fails to
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fulfill its obligations and has been advised of that failure in
accordance with Section (6) above .
(c) Following any expenditure of emergency trust reserve
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funds , the COUNTY shall assess any collect from the OWNERS that
amount required to replenish the trust fund. This assessment
shall be a lien against the property , a 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 r.alment . These funds shall be
held in an interest-bearing acco-.:nt 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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vas 5. FAGS 0 1327
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should continue to be accumulated or whether interest
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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 Agreementlhave been abandoned
and the dwelling units or other building served by such system
or systems have been connected to an approved
pl. d public or private
sewage treatment facility.
(b) At such time as this Agreement', is terminated , the
MANAGER shall pay all outstanding debts ncurred Y
b authorit
" , Y of
this Agreement. The balance of any funds remaining from septic
system management assessments shall be dtivided equitably among
all OWNERS in proportion to their averagip 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-
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lated in the emergency trust reserve funld 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.
(0) 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 provision; ,
concurrence must also be obtained from any such OWNER.
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VOL 5 FACE a 1328
(11) Change of Manager.
It is contemplated that more than one on-site waste disposal
system will be established in the Kalal 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
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MANAGER shall assume the duties of MANAGER for all other such
on-site systems .
JEFFERSON COUNTY - BOARD OF COMMISSIONERS
(`, 6014/2)/
,1y 7u� , --
Carroll M. Mercer, C '
) ' 7', .-e4.__. , ____
. . 0 Meara , M 4,�r ----_
B. G. Brown, Member
KALA POINT WXDQX (XX VOO IE
VILLAGE- WNER'S ASSOCIATION
( -<--,.:----r-41Z-.1- -.1- _. j
President
r---a-i- ' -r(-:-. - .1,;?_/-7
Vice President
DEVELOPER - KALA POINT VILLAGE, LTD.
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)1,:-Z-,..::____47--a___,67,?„-.---1
ydeneral Partner
`.I / / -,
L, ' ' , General Partner
ON-SITE WASTE MANAGER - LA PT. UTILITY CO. , A C',
°IP' 1,C________
President
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VOL5
FACE a 1329
)(Nci•
SCHEDULE A- 1
44 ad,
P h a Qs\1
That portion of the Southwest quarter of the Southwest quarter
of Section 26 , Township 30 North, Range 1 West, W.M. , in
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
NO1 '43 ' 18"E 200. 00 feet along the west line of said subdivision
and the centerline of Kala Point Drive as dedicated on the plat
of Kale Point Division No. 1 as recorded in 'Volume 6 of Plats,
pages 10-12 , records of Jefferson County , Washington; thence
588° 23 ' 03E, parallel with the south line of said Section 26
30. 00 feet; thence N01°4318"E along the east margin of said
1011a Point Drive 126 . 94 feet to the beginning of a curve to
the left having a radius of 1130. 00 feet ; thence along the arc
of said curve through . a central angle of 09° 35 ' 24 " an arc dis-
tance of 189 . 14 feet to a point of reverse curvature ; thence
along the arc of a curve to the right having a radius of 30 . 00
feet , through a central angle of 87 °02 ' 06" an arc distance of
45 . 57 feet , to a point of tangency; thence N79°10 ' 00"E 221 . 55
Let to the beginning of a curve to the left having a radius
of 330. 00 feet; thence along the arc of said curve through a
central angle of 25' 20 ' 00" an arc distance of 145 . 91 feet to
a point of reverse curvature; thence along the arc of a curve
to the right having a radius of 270. 00 feet , through a central
angle of 20026 ' 12" an arc distance of 96 . 30 feet to the POINT
OF BCGINNING; thence continuing along said curve through a
central angle of 16° 57 ' 09" an arc distance of 79 . 89 feet; thence
S37° 38107"E, 295 . 73 feet ; thence S35411 ' 07"W 100 . 00 feet; thence
N54c48 . 531 W, 134 . 38 feet to the beginning of a curve to the
right having a radius of 50. 00 feet; thence along the arc of
said curve- through a central angle of 33°48 ' 53" an arc distance
of 29 . 51 feet to a point of compound curvature dnd the beginning
of a curve to the right having a radius of 290 . 00 feet; thence
along the arc of said curve through a central angle of 12°20 ' 01 "
an arc distance of 62 . 43 feet to a point of reverse curvature
and the beginning of a curve to the left having a radius of
90. 00 feet; thence along the arc of said curve through a central
angle of 43°17 ' 15" an arc distance of 68 . 00 feet to a point of
reverse curvature and the beginning of a curve to the right
having a radius of 103 . 26 feet; thence along the arc of said
curve through a central angle of 1932 ' 57 " an arc distance of
15 . 23 feet to a point of tangency; thence N32°24117W 29 . 02 feet
to the beginning of a curve to the right having a radius of
25. 00 feet; thence along the arc of said curve through a central
angle of 106°40 ' 29" an arc distance of 46 . 55 feet to the POINT
OF BEGINNING.
VOL 5 FAGE 0 1330
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JEFFERSON COUNTY HEALTH DEPARTMENT
• 802 SHERIDAN AVENUE yy 7/
INSTALLER ' PORT TOWNSEND, WASHINGTON 98368 RECEIPT NO.
(206) 385-0722
BUILDER DATE Rib?
SEWAGE DISPOSAL PERMIT
Submit in Duplicate
1 f / ', /11a( /7c1Or k /1i 5.2i / ///1 iY �ij/a1 N . Sir,'/ 5 -F3
Owner Address Phone m
` / 7-71-4 y.g /i5 Oil l'l/f a/ 741'.
Directions for locating site 0
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dap 5de, p/dn
INSTALL NEW SYSTEM NJ REPLACE SYSTEM ❑ PARTIAL REPAIR Er TANKJDRAINFIELD ❑ _{
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TYPE OF %/me 5h2/e NO. OF
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BUILDING Co11,(lefmnc!1'►s3
/ BEDROOMS N. A A . BASEMENT /V0 SITE
SIZE / ro% 37,`` c m
DRAW DETAILED PLOT PLAN BELOW. STUB OUT PLUMBING ABOVE FOUNDATION FOOTING o 0
SOIL LOGS < -1
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Dig two holes per site. (min.) � i
4' deep - 2' di& - 50' apart & flag APPLICANT //I/A 1/4-1- :%��1" J
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Drainfield Length 7on Width 144 Depth 30 # Lines 7 - Tank Size i _ Gal.
COMMENTS: (TWO COMPARTMENTS) y
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7/6/71
APPROVED DATE INSPECTED PARTIAUFINAL DATE
I certify that this system was installed in a manner approved by the Health Department.
INSTALLER'S SIGNATURE DATE c , DATE INSTALLED
VOL "_.b' 1 Ar: ? 1331
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VOL FbcE 0 1332
SoiL PROFILE. DESCR pTio n1$
ES ER V E DRA i t\l F r E Lp
.BUrLDIN&s "`3 #�
O-C TofSotL
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go-48 SANDY TILL
Roo f1 T 4-8"
SL -8
0-s" TOPSo/L
5-1S REDD/S7-1 SANDY LoftM
15 55" SAA/3 y 77L L
ROOTS To 55
SL-c
0 -4 " ToPSoiL
4 --Z1' GRAVELLY SA Ai 3 Y LOAM
SAND
1-ooi3- To 60 "
S� o
0-5" ToPSo/L
5-_za" SANDY LOAM
ao2-5C ' SA N D
RoaTS To 48 "
VOL 5 FAGE 0 1333
SoIL PROFILE DEScR1PT1oN5
RESERVE .DRAINS/ELo
BUILDINGS .# 3 �
SI- - E
0 - 4 ToPso IL
�- - a3 REDD,SN 8Ro k/1i SANDY LoAM
a3-70 SANDY TILL
RooTS To ; g "
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10 - 6o„ Lo� M
SANDY TILL
RooTs To 5O "
VOL 5 FAGS I
1334.
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MAO 2z,5 — /UN/TS
DR/I/NI/ED (4Lt147/ON5
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Oc5/N 74/1K 6,4LL4T, 2//S
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0 /5/ 1,73/ x 0. 75 = D. 19y/ft.
231 h7 3/p/
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kr flow. 9/ Qr' n /5DO9a1/ors p¢r d , zit minmwln eacue 6r2k
cdp6-u y .5hov/d vim/ / /25 y//ohs pas 757 aL daffy sewwe pw,- or
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VOL. ) HGE 1335 h.iv. Robads 77/92