HomeMy WebLinkAboutHookup Agreement for City Sytems outside City Limits for Kit Kat Club
City of Meridian
Public Works Dept.
Memo
RECEIVED
OCT 0 5 2006
C~ty Of Meridian
CIty Clerk Office
To: Mayor De Weerd & City Council
From: Karie Glenn
cc: File
Date: 10/5/2006
Re: Proposed Agenda Items for 10/10106 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
10/10106 City Council agenda, on the Consent Agenda, for Council's consideration:
Request for Services Outside City Limits for 4842 W Franklin Rd (Kit Kat Club)
bv Barry Tassler.
Property is currently in the County, owner is requesting approval for connection
to City services. Septic system is failing. Will also need water for sprinkler
system and hydrants.
Recommended Council Action: Approve the Request for Services Outside City
Limits for-4842 W Franklin Rd (Kit Kat Club) by Barry Tassler and authorize the
Mayor to sign and City Clerk to attest.
Thank you for your consideration.
. Page 1
Wednesday, October 04, 2006
City of Meridian
Public Works Department
660 East Watertower, Ste. #200
Meridian, Idaho 83642
RE: Hookup to the City Sewer & Water Services
I B arryT ass1-er-am.hereby-requesting to. have my -commerciaL asweJI.as__,._"___,...~--,--_-,-- _ .
residential property hooked up to the City of Meridian's Sewer I Water system. "
The existing property, commonly known as the Kit Kat Klublocated at 4842 West
Franklin Road Meridian, Idaho located at the intersection of West Franklin Road
& Black Cat Road.
The current septic system is failing, and all locations for drain fields are .'
saturated. Per the Central District Health Department's recommendation, they
are advising me to seek your approval to connect to your services immediately,
Furthermore, I have submitted plans with the Ada County Development Services
for building permits for an addition to the current structure vvhich will require the
building to have fire sprinklers installed, as well as two (2) fire hydrants installed
at the prdperty site. .' .'. '.
Also, per the instruction of the Central District Health Department, the fadility ;!
would need to have public sewer services connected prior to utilizing the kitchen
facility, .
Based on the above referenced items, I am asking that you approve my
application for hookup to the City of Meridian's Sewer & Water System outside
the City Limits.
Thanking you in advance,
8a Tassler
4842 West Frank 'n Road
Meridian, Idaho 83642
(208) 888-7731 Business
(702) 496-0509 Cellular
~ ~y.,^-\b'1- \tA~'- Lo..'1G.t
De~c\~?t-CtN\. (-ou...d. ')
AGREEMENT FOR HOOKUP TO THE CITY
SYSTEM OUTSIDE THE
TillS AGREEMENT is made and entf
20 ()(o , by and between CITY OF MERIDIAN, a]
Idaho, hereinafter referred to as "CITY", and ~
referred to as "SEWERlWATER USER". .~rry1
1.
RECITALS:
1.1 WHEREAS, "Sewer/W ater User" is the sole owner, in law and/or in
equity of certain tract ofland in the County of Ada, State ofIdaho,
described in Exhibit "A", which is attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter referred to as the
"Property"; and
1.2 WHEREAS, Idaho Code S50-323, provides and empowers cities to
establish, create, develop, maintain and operate SewerIW ater systems; and
1.3 WHEREAS, "City" operates and maintains and develops as SewerlWater
system;' and
1.4 WHEREAS, the "City" has enacted an ordinance governing its
SewerlWater system codified in Meridian City Code S 9-4-26 and 9-1-16;
and
1.5 WHEREAS, the "SewerIWater U!3er" is the owner of "Real Property"
hereinafter described which is presently located outside of the city limits
. of the "City"; and
1.6 WHEREAS, the "SewerIW ater User" is desirous of obtaining connection
to the SewerIW ater to serve the "Real Property" and the "City" is willing
to provide that connection to the SewerIW ater service to the "SewerIW ater
User" subject to the terms and conditions and consideration of this
agreement, and it is specifically agreed that as a specific consideration of
the "City's" willingness to enter into this agreement that the "City's"
"Ordinance" and "PolicylRegulations" which govern its Sewer/Water
system be included as terms and conditions of this agreement and that the
"Sewer/Water User" provide perpetual consent to annexation of the "Real
Property" in to the "City".
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
- 1
2.
DEFINITIONS:
For all purposes of this agreement the following words, terms, and phrases herein
contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requirf<s otherwise:
2.1 "City": means and refers to the City of Meridian, County of Ada, State of
Idaho.
2.2 "Sewerl\Vater User": means and shall refer to and/or the person who is
the owner ofthe real property.
2.3 "Real Property": means and shall refer to certain parcel(s) of real
property located in the County of Ada, City of Meridian as described in
Exhibit "A", attached hereto and by this reference incorporated herein as if
set forth at length together with improvements thereon.
2.4 "Ordinance": means and shall refer to the City's ordinances that
appertain to the regulation and control and use of its SewerlW ater system
presently at Meridian City Code S 9-4-26 and 9-1-16, and this definition
specifically includes any prospective amendments and/or recodifications
to said ordinance or any parts thereof, and shall also refer to any other
ordinance of the City of Meridian governing the "SewerlW ater System".
2.5 "PolicylRegulations": means and shall refer to any City Council enacted
policy and/or regulation of its SewerlWater system.
2.6 "Sewerl\Vater System": means and shall refer to the City's Sewer/Water
system.
NOW THEREFORE, in consideration of the covenants-and conditions set forth
, '
herein, the parties agree as follows:
3.
INCORPORATION OF RECITALS:
That the above recitals are contractual and binding bd are incorporated herein as
if set forth in fulL - I
4.
PROVISION OF SEWERIW ATER HOOKUP-SERVICE:
The "City" agrees to authorize a connection to the "SewerlW ater System" to
service the "Real Pr-operty" subject to the terms and conditions of this Agreement.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
-2
5.
CONDITIONS -~ REQUIREMENTS OF SEWERIW A TER USER FOR
THE HOOKUP OF THE SEWERIW ATER LINE TO THE REAL
PROPERTY:
The hookup and assessment costs relative to the "Sewer/Water System"
connection shall be the responsibility of the "Sewer!\Vater User".
6.
ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply to the Sewer!\Vater service and
connection and are herein incorporated as specific terms of this agreement and at such time or
times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this
agreement is automatically amended in accordance therewith.
7.
ANNEXATION:
At such time as the real property becomes legally eligible for annexation into the
"City", the "Sewer!\Vater User" herein gives consent to such annexation, agrees to pay the
annexation application fee, agrees to apply for annexation, and diligently pursue annexation into
the City. This provision of this Agreement is a written request and application for such
annexation in accordance with I.C. g 50-222 or any amendments or recodification of said statute.
8.
HOOKUP AND SERVICE FEES:
The charges for hookup, inspection, and service fees shall be in accordance with
the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real
properties outside of the city limits.
9.
REQUIREMENT FOR RECORDATION:
"City" shall record either a memorandum ofthis Agreement or this Agreement,
including all of the Exhibits, at "Sewer!\V ater User" cost, and submit proof of such recording to
"Sewer!\Vater User".
10. - DEFAULT:
Any failure to perform the terms and conditions ,of this agreement shall be a
default.
11.
REMEDIES:
11.1 This Agreement shall be enforceable in any court of competent jUrisdiction
by either "City" or "Sewer!\Vater User", or by any successor or successors
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
- 3
in title or by the assigns of the parties hereto. Enforcement may be sought
by an appropriate action at law or in equity to secure the specific _
performance ofthe covenants, agreements, conditions, and obligations
contained herein. In addition, remedies available to the City include but
are not limited to, tennination of SeweriW ater service to all users located
on the real property covered by this agreement.
11.2 In the event of a default, written Notice of Default shall be served and
defaultingjJarty shall then have thirty (30) days after delivery of notice of
, default to correct the same before the non-defaulting party may seek any
remedy provided for herein.
11.3 In the event the performance of any covenant to be performed hereunder
by either "Sewer/W ater User" or "City" is delayed for causes. which are
beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall
be extended by the amount oftime of such delay.
12.
NOTICES:
12.1 Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage
prepaid, return receipt requested, addressed as follows:
CITY:
clo Public Works Director
City of Meridian
660 E. Watertower, Suite #200
Meridian, Idaho 83642
PROPERTY OWNER:
*
*
*
*
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
12.2 A party shall have the right to change their address by delivering to the
other party a wntten notification thereof iii accordance with the
requirements of this section. .
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
-4
13.
ATTORNEY FEES:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture ofthis Agreement.
14.
TIME IS OF THE ESSENCE:
The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof, and that the failure to timely
perform any of the obligations hereunder shall constitute a breach of and a default under this
Agreement by th~ other party so failing to perform.
15.
BINDING UPON SUCCESSORS:
This Agreement shall be binding upon and inure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including "City's" corporate
authorities and their successors in office. This Agreement shall be binding on the owner of the
property, each subsequent owner and each other person acquiring an interest in the Property.
Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed.
16.
INVALID PROVISION:
If any provision of this Agreement is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof
shall not affect any of the other provisions contained herein.
17.
FINAL AGREEMENT:
This Agreement sets forth all promises, inducements, agreements, condition and
rmderstandings between "Sewer/Water User" and "City" relative to the subject matter hereof, and
there are no promises, agreements, conditions or understanding, either oral or written, express or
implied, between "SewerIWater User" and "City", other than as are stated herein. Except as
herein otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors ill. interest or their assigns, and pursuant, with respect to "City", a duly
adopted resolution of "City".
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
-5
18.
TERMINATION:
At such time as the "Real property" is annexed into the City, tbis agreement shall
tenninate except for any default that exists at such time shall still be enforceable pursuant to the
terms of this agreement.
19. ' EFFECTIVE DATE:
Tbis Agreement shall be effective at such time as both parties have executed this
Agreement.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
/:PXjPerty Owner
l t f'/",.r.- ,'1
\
Name:
CITY OF MERIDIAN
By:
MAYOR TAMMY DE WEERD
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
BY RESOLUTION NO.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
- 6
STATE OF IDAHO, )
: ss.
County of Ada)
On this 3 day of OCAo'tl.V1.J , in the year 20~, before me,
the undersigned, a Notary Public, personally appeared;h<<j E :\(l.".<;'~(,' known or identified to me
to be the property owner, who executed the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and year in this certificate first ab~ritten.
(SEg - - . ~~.(L C)yj ~
, Le=~ ~:::OE lYot ublic f;!dahb '.
~ STATE OFIDAHO, ~ Residing a~: '2:'2-0 \k) ~ ~ \l ~iJ~i~J) ", M.~'('ir' II1:VV \ \J
My COITUmSSlOll ExpIres: '1)' ~ I. 2D\\
STATE OF IDAHO, )
: ss.
County of Ada )
On this day.of , in the year 20_, before me, .
the undersigned, a Notary Public, personally appeared TAMMY DE WEERD and WILLIAM G.
BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instrument or the persons that executed the instrument on behalf of
said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
- 7
(I,' ,
CENTRAL
rwr8t;k!~
MAIN OFFICE' 707 N, ARMSTRONG Pl. . BOISE, \0 83704-0825 . (208) 375-5211 . FAX 327-8500
"Centra! District Health Department promotes we!lness in our commundies through education, prevention of disease and disability, and preservation of the qllality of ollr environment. "
Document Referral Number:
17585
ACCESSORY USE AUTHORIZATION
Ada County Development Services
200 West Front Street
Boise, ill 83702
Applicant / Owner....................Barry Tassler
Property Address.....................4842 West Franklin Road, Meridian
Legal Description..................... SE 1f4 SE 1f4 Section 9 Township 3N Range 1 W
This office can approve the additions so stated in the application based on the following
conditions.
1. Establislunent must connect to public sewer as soon as it is available.
2. Kitchen may not be utilized Until facility has made cOlUlection to public sewer.
3. Kltchen plans must be submitted to Central District Health Department for review and
approval.
Health D~partment approval subject to the owner's acknowledgment ofthe following statements:
1. Any construction, alteration, or extension of the existing sewage disposal system or of a new
system shall not be started until a valid permit for such activity has been obtained from
Central District Health Department (as required by the Rules For Individual/Subsuiface
Sewage Disposal Systems, May 1993).
2. ill the event that the sewage disposal system fails, the owner will pursue immediate action to
expediently and properly correct any malfunction so as to prevent the development of the
health hazards in accordance with applicable codes, regulations, and ordinances.
3, Refer to application for applicant signatur
<s
Health Department Approval By:
Josh M. Kriz
Senior Environmental Rea
Ada I Boise County Office
707 N, Armstrong PI.
Boise, 10 83704
Enviro. Health: 327-7499
F~mily Planning: 327-7400
Immunizations: 327-7450
Senior Nutrition: 327-7460
WIC: 327-7488
FN.: 327.8500
Serving Valley, are; Boise, and Ada Counti~s
Elmore County Office
520 E. 8th 51. North
Mounl.in Home, 10 83647
Enviro, Health: 587-9225
Family Health: 587-4407
WIC: 587-4409
FAX: 587-3521
Valley County Office
703 N. 1st SI.
P.O. Box 1448
McCall, 10 83638
Ph. 634-7194
FAX: 634-2174
Date: January 17, 2006
MAYOR
TAMMY DE WEERD
COUNCIL MEMBERS
JOE BORTON
KEITH BIRD
CHARLES M. ROUNTREE
SHAW WARDLE
RURAL FIRE COMMISSIONERS
RICHARD GREENE
TERRY LEIGHTON
CLAIR BOWMAN
"
(?:
'/ -, ,
-' /l_>'/
CHIEF
RON ANDERSON
j
~ (J / CITY OF '-,' :~"'" :. """",,,.
'--../VL erldzCrn ,~ \
, IDAHO ~
~. /"
~C~7~n ~
~'lil,n:;E
,1983
ASSISTANT CHIEF
KEN W. BOWERS
DEPUTY CHIEF - FIRE PREVENTION
JOSEPH SILVA
DEPUTY CHIEF - TRAINlNG
BILL JOHNSON
540 East Franklin Road
Jvl'ERITJ I.J.lN J"I'R'E V'EP .Jt'RTJvl 'E:NT
~~~~~~~.,~__~",~,~~~_.",...').:'!.~!!.U:~~~~'f.:~~~~......!I~~"!~_~...............~_'=::""~~--------==_l.~........=7.::=-~~.:::.-:-~~=~.~_:=!_~~~.._!...~
June 30, 2006
TO: Ada Planning & Zoning Commission
FROM: Joseph Silva, Deputy Chief, Fire Prevention
SUBJECT: Kit Kat Klub 4842 W. Franklin Rd.
Based on a review of the preliminary site plan & floor plan the following will be the
requirements and/or concerns to provide minimum levels of fIre protection for the proposed
proj ect:
1. All radii into the project shall be 28' inside and 48' outside radius on all access roads.
2. The access shall have a 20' wide fIre lane available at all times.
3. The most remote portion of the structure as measured arOlmd the perimeter shall be
within 150' of a fIre lane or paved surface capable of supporting 70,000 lbs.
4. Driveways greater than 150' in length shallbe provided with an approved turn-around.
5. Post the address in 6" numbers which are visible from the street.
6. The building shall be located at least 25' off of the property line.
7. The building shall be located at least 50' from any building greater than 120 square feet
in size.
8.The building will be required to be fire sprinklered.
9. The building will be required to be provided with a fire alann system.
10. The building will be required to comply with the state electrical code.
11. The building will be required to comply with the International Fire Code.
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p.2
Oct 03 200S 12:03PM EHEP
3278553
(i CENTRAL
CWHEALTH
DEPARTMENT
MAIN OFFICE. 707 N, ARMSTRONG PL. . BOISE, ID 83704-0825 . (208) 375-5211 . FAX 327-8500
"Central District Health lJepar Iment promotes we/lness in our communities through edvcatkJn. prevention of dise/15e and disabilitJ( and preservarion of the quality of our environment" ..
06-1516
~J$D~ '
Ocr 0 ~.D
~ :] 2006
~el7r42
,~
October 2, 2006
City of Meridian
Public Works Department
Attn: Broce Freckleton
660 E. Watertower
Meridian, Iaaho 83642
Re: The Kit Kat Klub, 4842 W Franklin Road, Meridian, Idaho
Dear Mr. Freckleton:
Central District Health Department is requesting that The Kit Kat Klub be allowed to
connect to city services as soon as possible. The Kit Kat Klub currently has a failed
septic system creating a public health threat at the property 4842 W. Franklin Road.
This is the third system that has been installed at this location. The current system was
installed in 1999 and we struggled to find a location for the system at that time. Due to
the location of the existing well, irrigation in the area, the fact that this is an area of high
ground water, and that the majority of the property is paved makes it difficult to find a'
suitable location for another system.
Any assistance in obtaining connection of this property to the city sewer would be' greatly
appreciated.
Sincerely,
,'4:.-~' RtnrJ
Michael H. Reno, RE.H. S.
Supervisor
Land Based Programs
Ada I Boise COllnty Office
707 N, Armstrong PI.
Boise, ID 83704
Enviro, Health: 327-7499
Family Planning: 327~7400
Immunizalions: 327-7450
Senior Nutrition: 327.7460
WI~ 327-7488
FA:J..: 327-8500
Serving Valle}'r Elmore, Boise, and Ada Counties
Elmore County Office
520 E, llttlSt. Harth
Mountain Home, ID 83647
Eoviro. Health: 587-9225
Family Heakh: 587-4407
W1C: 587.4409
FAX: 587-3521
Valley County Office
703 N. (st SI.
P.O. Box 1448
M(ra". ID 83638
Ph. 634"7194
FAX: 634-2174