HomeMy WebLinkAboutKala Point Utility Company (0002) •
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. AGREEMENT FOR MANAGEMENT OF ON-SITEISEWAGE DISPOSAL SYSTEM
(1) Contracting Parties.
This Agreement is between JEFFERSONICOUNTY, acting by and
KALA POINT VILLAGE
through its Board of Commissioners (COUNTY) ; MAX Pi5XNU VaifiX X1 EX
OWNER'S ASSOCIATION
iW (OWNERS' ASSOCIATION) ;
Kala Point Village, Ltd. _ _ .(DEVELOPER) ; and Kala Point
Utility Opmp Y (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 requirediby 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 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 .
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VOL DACE LI 1336
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(f) OWNERS ' ASSOCIATION - An organization composed of par-
ties having an ownership interest in thl property serves] by the
on-site waste system. It is anticipated that. the OWNERS '
ASSOCIATION will contract with the MANAGER to provide , -ar❑ong
other things, the on-site waste system r^anacjement.
(4) Developers and Owners.
(a) The. DEVELOPER shall install t1e septic disposal
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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 aii amount in
United States. dollars equal to the inst llation 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 .•_ANACER
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 DfVELOPF.R
and/or OWNER shall inform the purchaser of this Agree-.ent ; shall
provide the purchaser with a copy of the Agreement an:? any arlenii-
ments thereto; and shall incorporate t}ii:, Arireement as a part of
. any document for the sale and purchase of the said property.
t
(5) On-Site Waste Manager . .
(a) The t:ANA( ER shall be responsible for takir..: a: 1 action
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Vo FACE ri .1337
necessary to insure the septic system is properly operated and maintaine:'-
• 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 systi shall be approved by the
HEALTH OFFICER in advance of any work performed . The HEALTH OFFICER sh.il ?
review all plans submitted by the MANAGER within a reasonable Limo .
(b) The MANAGER shall arrange with a party , properly licensed for
septic tank inspection and pumping , for the iinspecEion and pumping of
the on-site waste system. The MANAGER shall have the septic system punpe•,.
at least annually and more frequently if req fired to maintain the, systc•:l
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 sirrilar record of all problem
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 2171NAG:R 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
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sewage systems , after conferring with the HE LTI1 OFFICER.
(f) The MANAGER. shall follow the requirements of the operation and
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maintenance manual provided for the septic system by the DEVELOPER.
(g) The MANAGER shall assist the HEALTI; OFFICER in any inspection
of the on-site waste system. •
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VOL FbGE Li 1338
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(h) The .MANAGER shall be authoriz d 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 tl 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-s to waste disposal system
is not functioning properly, he will adise 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 :
g g , (1) The HEALTH UFFICGR
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 CG;:NTY 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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VOL 5 RAGE 0 1339
(7) � Count_
The COUNTY shall hold and Manage the 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 sytem. 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 weirk .
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(b) The COUNTY may , also , manage er 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 . 1 •
(c) Following any expenditure of emergency trust reserve
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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 , a5 provided for by law
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for mechanics ' liens . Any notice of assessment shall be directed
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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 5 FACE 0 1340
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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 building served by such system
or systems have been connected to an app owed 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 averaee monthly service charge
e
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for the previous twelve (12) months. +
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(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
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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 an" such OWNER.
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VQL 5 [-AGE 0 1341
( 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, rhould 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 .
JEFFERSON COUNTY - BOARD OF COMMISSIONERS
eAA n ' ,/1,(i<c% i
Carroll M. Mercer,~ Bryn ,
AA.M O0 Me a r , mbtt
4c/
B. G. Brown, Mem er
KALA POINT $xxxim(X$i- NWX ;( R
VILE-AGE OWNER'S ASSOCIATION
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President
Vice President
DEVELOPER - KALA POINT VILLAGE, LTD.
/ /4General Partner
2
i • !--General Partner
ON-SITE WASTE MANAGER - LA PT. UTILITY CO. , A Cc.
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President
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Revised 2/20/79
P ha st.-
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 :
Cmmencing at the Southwest corner of said Section 26 , said corner
being common to Sections 26, 27 , 34 and 35 ; thence N01°43 ' 18"F
200. 00 feet along the west line of said subdivision and the center-
line of Kale Point Drive as dedicated on the plat of Kala Point
Division No. 1 as recorded in Volume 6 of Plats , pages 10-12 ,
records of Jefferson County, Washington; thence 588°23 ' 03"E,
parallel with the south line of said section 26, 705 . 48 feet to
the POINT OF BEGINNING : thence N01° 36157 "E 34 . 53 feet ; thence
N62°00 ' 00"E 20. 00 feet; thence N28'00100"W 65 . 00 feet to the
beginning of a curve to the right having a radius of 95 . 00 feet;
thence along the arc of said curve through a central angle of
25° 33 ' 50" an arc distance of 42 . 39 feet to a point of reverse
curvature; thence along the arc of a curve to the left having a
LA.iiUS of 25 . 00 feet through a central angle of 87°33 ' 50" an arc
diatance of 38 . 21 feet ; thence N38°57 ' 48"E 27 . 52 feet to intersect
the arc of a curve the center of which bears N35°11 ' 07"E 70 . 00
feet distant; thence along the arc of said curve through a central
angle of 59'08 ' 15" an arc distance of 72 . 25feet to a point of
tangency; thence N66° 02 ' 52"E 18 . 38 feet to the beginning of a curve
to the right having a radius of 30. 00 feet; thence along the arc of
said curve through a central angle of 65°47 ' 08 " an arc distance of
34 . 44 feet to a point of tangency; thence S48°1000"E 108 . 73 feet
to the beginning of a curve to the right having a radius of 190. 00
feet; thence along the arc of said curve through a central angle of
0614 ' 50" an arc distance of 20 . 72 feet to a point of tangency;
thence S41°55 ' 10"E 43 . 10 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 62' 57 ' 51" an arc distance of 27 . 47
feet to a point of reverse curvature; thence along the arc of a
curve to the left having a radius of 30. 00 feet through a central
angle of 109°25 ' 44 " an arc distance of 57 . 30 feet; thence S01° 36 ' 57W
4 . 05 feet to a point which bears N01°43 ' 18"E 200. 00 feet distant
from the south line of said Section 26; thence N88° 23 ' 03"W,
parallel with said south line, 243 . 47 feet to the POINT OF
BEGINNING.
WWIEN BY.3111___
TiiiAD ASSOCIATES
MAU) BYg8S_ 846 - 108th Avenue N. E.
COMPARED AUL_ Bellevue, Washington 98004
(206) 454-0711
VOL 5 FACE 0 1343
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JEFFERSON COUNTY HEALTH DEPARTMENT
802 SHERIDAN AVENUE
INSTALLER PORT TOWNSEND, WASHINGTON 98368 RECEIPT NO. III/2 A_
(206) 385-0722 �� A?BUILDER SEWAGE DISPOSAL PERMIT DATE
Submit In Duplicate
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TYPE OF %ime- 5ia/e- NO.. OF SITE
BUILDING �,/Cfm"Lirnr`� BEDROOMS A A - BASEMENT �� SIZE .SOn cn cn
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COMMENTS: (TWO COMPARTMENTS) c
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APPROVED DATE INSPECTED PARTIAUFINAL DATE
I certify that this system was installed in a manner approved by the Health Department.
INSTALLER'S SIGNATURE DATE DATE INSTALLED
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VOL 5 F°LGE 1346
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VOL FACE 1347
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