HomeMy WebLinkAboutJason Nienhouse Water-Sewer Service outside city limits Ada County Recorder Trent Tripple 2026-012330
Boise,Idaho Pgs=6 vbailey 02/23/2026 02:25:43 PM
CITY OF MERIDIAN IDAHO$0.00
Electronically Recorded
RECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
City Clerk
City of Meridian
33 E.Broadway Avenue
Meridian,ID 83642
AGREEMENT FOR PROVISION OF WATER AND SEWER SERVICE OUTSIDE
MERIDIAN CITY LIMITS: PARCEL NUMBER S1108438530,2730 E FRANKLIN RD
This AGREEMENT FOR PROVISION OF WATER AND SEWER SERVICES
OUTSIDE MERIDIAN CITY LIMITS ("Agreement") is made this 17th day of
February , 2026 ("Effective Date"),by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway
Avenue,Meridian, Idaho ("City"), and Jason Nienhouse, 2730 E Franklin Rd,Meridian,Ada
County, Idaho ("User") (collectively, "Parties").
WHEREAS,User is the owner of parcel number S1108438530,township/range/section
3N/IE/8,located at 2730 E Franklin Rd,Meridian,Ada County, Idaho ("Subject Property"),
which real property is located outside of Meridian City limits;
WHEREAS,the City is authorized by Idaho Code section 50-323 to develop, operate,
and maintain a domestic water system, and to protect the same from contamination, and the City
does exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1
and 4,Meridian City Code;
WHEREAS,the City is authorized by Idaho Code section 50-332 to operate and
maintain a domestic sewer system, and the City does exercise such authority, including by the
adoption and enforcement of Title 9, Chapter 4,Meridian City Code;
WHEREAS,User requests to connect the existing residence at Subject Property to the
City water system immediately,to connect to the City sewer systems within one hundred and
eighty(180) days, and to disconnect and abandon the private water well and private septic
system at Subject Property within one hundred and eighty (180) days;
WHEREAS,the Subject Property is contiguous to the City limits;
WHEREAS, User agrees to submit an application for annexation within sixty (60)days
and explicitly consents to annexation;
NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, and in consideration of the recitals above,which are incorporated
herein, the Parties agree as follows:
I.COMMITMENTS BY CITY.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER
SERVICE OUTSIDE MERIDIAN CITY LIMITS-2730 E FRANKLIN RD. PAGE 1 OF 6
Instrument # 2026-012330
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A. Provision of Services. At all times relevant hereunder, City shall provide sewer and
water services to the Subject Property, subject to the terms and conditions of this
Agreement and any and all applicable laws and City ordinances.
B. Billing. City shall bill User monthly for water and sewer usage according to the
metering, accounting, and billing system in place under Meridian City Code and the
policies and practices of the City of Meridian.
C. Recordation. City shall record this Agreement, and shall submit proof of such recording
to User.
II.COMMITMENTS BY USER.
A. City services. User shall connect to City water services as soon as reasonably possible.
User shall connect to City sewer services within one hundred and eighty (180) days. User
shall be responsible for fulfilling User's obligation to pay to City any and all costs related
to sewer and water infrastructure construction,materials, and connection, including,but
not limited to: hookup, assessment, meter installation, and inspection fees. Upon
connection to the City's water and sewer systems,User shall pay to City all applicable
fees and costs for water and sewer services provided, including, but not limited to use
fees, as such are calculated and billed by City as set forth herein and established by law
or City ordinance. The exclusive remedy for disputes, objections, or appeals regarding
such fees and charges shall be appeal to the Board of Adjustment under the procedures
set forth in Meridian City Code. Notwithstanding any other provision of this Agreement,
this provision shall be binding upon User and upon any and all successors in interest of
User and/or to the Subject Property.
B. No cross-connection. User shall abide by and comply with any and all applicable
provisions of law,which shall specifically include, but shall not be limited to, compliance
with Title 9, Chapter 3, Meridian City Code and/or any and all similar ordinances
subsequently adopted,which prohibit the installation and/or maintenance of a cross-
connection to the City's water system.
C. Annexation. User hereby explicitly agrees to annexation of the Subject Property into the
City of Meridian. User shall submit a complete annexation application to City water
services within sixty (60) days after the execution of this Agreement, including the
payment of all fees, and shall post the site notice in accordance with City Code, and
attend all relevant hearings. User shall use diligent efforts to ensure that User's
application for annexation of the Subject Property shall proceed to completion in a timely
manner. User shall provide all required information and complete all tasks required for
annexation of the Subject Property. Should User fail to complete such application, User
acknowledges and agrees that City shall be authorized to shut off services to the Property
and initiate the process of annexing the Subject Property, at User's sole expense, and, if
necessary,to assess all costs and fees related to such annexation against the utility
account for the Subject Property. User further acknowledges and agrees that User's
failure to pay any utility bill due and owing, including any portion for annexation costs
and fees,may result in disconnection of services to the Subject Property and/or debt
collection proceedings or other civil remedies.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER
SERVICE OUTSIDE MERIDIAN CITY LIMITS—2730 E FRANKLIN RD. PAGE 2 OF 6
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D. Decommissioning (Abandonment) of private well. NO later than one hundred and
eighty (180)days after the execution of this agreement,User shall properly
decommission any and all private water wells and private water sources available on the
Subject Property according to State law(IDAPA 37.03.09 - WELL CONSTRUCTION
STANDARDS RULES), including utilizing a licensed well driller for the work or
receiving a waiver to that requirement from the Director of the Department of Water
Resources. User shall provide a copy of the driller's report describing the
decommissioning procedure to the City.
E. Decommissioning(Abandonment) of private septic system. No later than one hundred
and eighty(180) dos after the execution of this agreement, User shall properly
decommission any and all septic systems available on the Subject Property according to
State law(IDAPA 58.01.03 —Individual/Subsurface Sewage Disposal& Cleaning of
Septic Tanks Rules).
F. Consent to entry. User shall, and hereby does, provide perpetual consent and access to
the City to enter the Subject Property for the purpose of inspecting any and all water and
sewer pipes, connections, and related infrastructure. Except as to routine meter readings
or in the event of an imminent or realized threat to the public health, safety, or welfare,
City shall attempt to provide User at least twenty-four(24)hours prior notice of such
entry; such notice may be verbal or written and may be posted at the Subject Property.
III.GENERAL PROVISIONS.
A. Default. Any failure to perform the terms and conditions of this Agreement, or any
portion thereof, shall be a default hereunder. In the event of a default,the non-defaulting
party may serve a written Notice of Default upon the defaulting party by the method set
forth herein. Except in case of an imminent or realized threat to the public health, safety,
or welfare,the defaulting party shall have thirty (30) days following delivery of such
notice to cure or correct the default before the non-defaulting party may seek any remedy
as provided herein. Notwithstanding any other provision of this Agreement, this
provision shall be binding upon the Parties and upon any and all successors in interest
thereof.
B. Enforcement. This Agreement shall be enforceable in any court of competent
jurisdiction by either City or User, or any respective successor(s) in interest thereof. An
action at law or in equity, as appropriate, shall lie to secure specific performance of any
covenant, agreement, condition, commitment, and/or obligation set forth herein. In
addition,remedies available to City shall include,but shall not be limited to,termination
of water and/or service to User and/or to any successor(s) in interest.
C. Notices. Any notice desired by the Parties or required by this Agreement shall be
deemed delivered after deposit in the United States Mail, postage prepaid, addressed as
follows:
City: City of Meridian
Attn: Public Works Department Director
33 E. Broadway Ave.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER
SERVICE OUTSIDE MERIDIAN CITY LIMITS—2730 E FRANKLIN RD. PAGE 3 OF 6
Instrument # 2026-012330
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Meridian, Idaho 83642
User: Jason Nienhouse
2730 E.Franklin Rd.
Meridian, Idaho 83642
Either Party may change its address for the purpose of this section by delivering to the
other Party written notification of such change, establishing a new address for noticing
purposes, in accordance with the requirements of this section.
D. Time is of the essence. The Parties 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 and
default hereunder by the Party so failing to perform.
E. Binding upon successors. Except as otherwise specifically provided herein,this
Agreement shall be binding upon any and all owners of the Subject Property, any and all
subsequent owners thereof, and each and every other person acquiring an interest in the
Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the
sale or alienation of the Subject Property, or any portion thereof, except that any sale or
alienation shall occur subject to the provisions of this Agreement, and any successive
owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed.
F. Severability. If any provision of this Agreement is held invalid by a court of competent
jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity
thereof shall not affect any other provision or provisions contained herein.
G. 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 fees as determined by
such court. This provision shall be deemed to be a separate contract between the Parties
and shall survive, inter alia, any default,termination, or forfeiture of this Agreement.
H. Final Agreement. This Agreement sets forth all promises, inducements, agreements,
conditions, and understandings between City and User relative to the subject matter
hereof, and there are no promises, agreements, conditions, or understandings, either oral
or written, express or implied, between City and User, other than as are stated herein.
Except as otherwise specifically provided herein, no subsequent alteration, amendment,
change, or addition to this Agreement shall be binding upon the Parties unless set forth in
writing and duly executed by both Parties or their successors in interest.
I. Non-waiver. Failure of either Party to promptly enforce the performance of any term of
this Agreement shall not constitute a waiver or relinquishment of any Party's right to
thereafter enforce such term, and any right or remedy hereunder may be asserted at any
time after either party becomes entitled to the benefit thereof,notwithstanding delay in
enforcement. All rights and remedies herein enumerated shall be cumulative and none
shall exclude any other right or remedy allowed by law. Likewise,the exercise of any
AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER
SERVICE OUTSIDE MERIDIAN CITY LIMITS-2730 E FRANKLIN RD. PAGE 4 OF 6
Instrument # 2026-012330
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remedy provided for herein or allowed by law shall not be to the exclusion of any other
remedy.
J. Compliance with laws. Throughout the course of this Agreement,the Parties shall
comply with all applicable laws, ordinances, and codes of Federal, State, and local
governments. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho, and the ordinances of the City of
Meridian. The City's ordinances appertaining to the regulation, control, and use of its
sewer and water systems, and any prospective amendments to and/or recodifications
thereof, are specifically and without limitation incorporated into this Agreement as if set
forth fully herein.
K. Advice of attorney. Each party warrants and represents that in executing this
Agreement, it has received independent legal advice from its attorney or the opportunity
to seek such advice.
L. Approval Required: This Agreement shall not become effective or binding until
approved by the City Council of the City of Meridian.
Signature lines on following page.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER
SERVICE OUTSIDE MERIDIAN CITY LIMITS—2730 E FRANKLIN RD. PAGE 5 OF 6
Instrument # 2026-012330
02/23/2026 02:25:43 PM Page 6 of 6
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the
Effective Date first written above.
USER: STATE OF IDAHO }
) ss:
County of M(h, )
I HEREBY CERTIFY that on this 7Sr"4tay of
Jason Nienhouse(fawner) k ,2026,before the undersigned,a
Notary Public in the State of Idaho,personally appeared
Jason Nienhouse,known or identified to me.
Ir
IN WITNESS WHEREOF,I have hereunto set my hand
`< and affixed my official seal,the day and year in this
certificate first above written.
COMMISSION
.20260085
0 Notary blic for Idah
-_ Residing at PJ►1 Ckl6Ln Idaho
My Commission Expires: t�1 2 12Q3a-
CITY OF MERIDIAN: r,
Attest: F
BY: Chris Johns , City 2-17-2026
Robert E. Simi an, ayor 2-17-2026
STATE OF IDAHO )
): ss
County of Ada )
On this 17th day of February ,2026,before me,a Notary Public,personally appeared Robert E.Simison
and Chris Johnson,know or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed this instrument of 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.
CHARLENE WAY Cha&YcW"
COMMISSION NO. 67390 Notary Public for MahQ
NOTARY PUBLIC Residing at eridian Idaho
STATE OF IDAHO My Commission Expires: 3-28-2028
AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER
SERVICE OUTSIDE MERIDIAN CITY LIMITS-2730 E FRANKLIN RD. PAGE 6 OF 6