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HomeMy Public PortalAboutMinutes_CCMeeting_09202016CITY COUNCIL MEETING IONA COMMUNITY CENTER SEPTEMBER 20, 2016 — 7:00 P.M. PRESENT: Council President Dan Gubler, Council Member Rob Geray, Council Member Dan Garren, Council Member Kathy McNamara, Attorney Dale Storer, Treasurer/Deputy Clerk Amy Sullivan, Public Works Director Zech Prouse, Chief of Police Karl Bowcutt, and City Clerk Shara Roberts. ABSENT: Mayor Brad Andersen. VISITORS: Terry McNamara, Gary & Larie Elliott, Susan Gardner, and Bryce Contor. Council President Gubler welcomed everyone and led with the Pledge of Allegiance. A roll call was taken to open the meeting. Council Member Garren moved to add to the agenda approval of a change order for the water tank rehabilitation project. Council Member Geray seconded the motion. All in favor, motion carries. Consent Agenda: City Council Minutes of August 16, 2016 had been reviewed. Council reviewed the finance reports for the period ending August 31, 2016 (92% of the fiscal year elapsed). The City had $1,034,450.27 in the bank and routine bills had been paid. Council President Gubler entertained a motion. Council Member Geray moved to approve the consent agenda as presented. Council Member McNamara seconded the motion. All in favor, motion carries. Items of Business: Business Application — Secondary Sales, Larie Elliott: Larie Elliott residing at 5462 Rockwood explained she has owned an internet sales business for over 13 years selling used semi -trucks and trailers. The business was previously located out of Sandy, UT. However, with her relocation to Iona she needs to update her business license, "Exhibit A". Council President Gubler entertained a motion. Council Member Geray moved to approve the business license application of Secondary Sales for Larie Elliott. Council Member Garren seconded the motion. All opposed. City Attorney commented the Council may want to make a stipulation in their approval there will be no display of trucks or vehicles displayed on the property. She noted everything is strictly run from the internet and nothing is stored at her residence. Council President Gubler entertained a motion. Council Member Geray moved to approve the business application with the stipulation that trailers do not routinely make their appearance on the property. Council Member Garren seconded the motion. All in favor, motion carries. 1 Canvas Special Election Results — Precinct 41 and 42: Clerk Roberts read the canvas results for the Recall of Mayor Andersen held on August 30, 2016, "Exhibit B. Council President Gubler entertained a motion. Council Member Geray moved to approve the canvas results for the Recall Election of Mayor Andersen as presented. Council Member McNamara seconded. Approval of the results was conducted by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Yes Discussion of Leasing Water Rights — Darrel Ker: Mr. Ker contacted Clerk Roberts and requested to get on the agenda. However, was not in attendance for this meeting. Approval of Bonneville County Law Enforcement Contract: Council President Gubler reported this was discussed during the work session, and it was determined there was not enough information behind the 5% increase. The Council directed Chief Bowcutt to gather more information from the County and bring it back to the next meeting, "Exhibit C. Council President Gubler entertained a motion. Council Member Garren made a motion to table this item for approval until next month. Council Member McNamara seconded the motion. All in favor, motion carries. Approval of Good Foundations Preschool Contract — Debbie Whitehead: Clerk Roberts explained Good Foundations Preschool was sold and the lease needs to be renewed under the new ownership. Public Works Director Prouse noted a typo in paragraph 10 of the agreement, which should read "lessor" opposed to "lessee" regarding the maintenance and snow removal of the parking lot. Council President Gubler entertained a motion. Council Member Geray made a motion to approve the Good Foundations Preschool Contract with the provision that paragraph 10 where it currently states "lessee" is revised to "lessor", "Exhibit D. Council Member Garren seconded the motion. All in favor, motion carries. Approval of Citizen Request Document be Added to the Minutes of August 16, 2016 as Public Record: Clerk Roberts explained citizen Terry McNamara presented a letter regarding allegations of sexual harassment towards Mayor Andersen during the August 16, 2016 City Council Meeting, which she summarized in the minutes. She further explained Mr. McNamara came to her office at a later date explaining his intention was for the document to be added as a public record. Clerk Roberts reported she sought advice from Attorney Storer on the matter since it was not requested at the meeting to be added as a public record. Attorney Storer further explained it was a question of what authority the City Clerk has to add something to the record after the fact, and it could be seen as stepping out of her authority to do so. 2 Mr. McNamara residing at 3753 N. 55 E. explained the reason he wanted it added to the record from the last meeting is because nothing has changed and it still stands true. He wants it on record if they move forward with a lawsuit, and indicated he wanted the Council's opinions on tolerating sexual harassment. Council Member Geray expressed he thinks sexual harassment is absolutely wrong. However, he didn't have any comments to share regarding this particular allegation since he has not witnessed any instance of sexual harassment, and it is a very serious allegation. Mr. McNamara indicated during a past meeting held between Council Member McNamara and Mayor Andersen, Council Member McNamara asked former City Clerk Julie Hammond to sit in and listen to what took place. Council Member Geray inquired if a statement had been received from Mrs. Hammond. Mr. McNamara indicated they were working on it. Council Member Geray further inquired of Mr. McNamara as to whether he personally had witnessed any of the letter's sexual harassment allegations, and Mr. McNamara reported he had not. Council Member Geray stated that the letter contained a great deal of speculation and hear- say as opposed to facts and actual witnessing of events. Council President Gubler commented this is not a trial, and explained the decision needs to be made whether the letter from last month is added as a public record. Council Member Geray explained because Mr. McNamara's letter was not listed as an agenda item during the previous meeting, and he did not request it to be added as public record at the time of the meeting, he is not inclined to add it to the minutes of August 16, 2016. However, he wouldn't be opposed to putting it in tonight's meeting as a public record since it is listed on the agenda for discussion. Council Member Geray moved to approve Mr. McNamara's letter be added to the record for tonight's meeting as public record, "Exhibit E. Council President Gubler seconded the motion. All in favor, motion carries. Discussion of Annexation Agreement and Chip Sealing in Country Haven Subdivision: Council President Gubler reported this was discussed during the work session, and asked Public Works Director Prouse to give a summarization for the public. Director Prouse explained it is in regards to incomplete chip sealing in the Country Haven Subdivision, and the City is now taking steps to ensure it is completed per the original development agreement. Attorney Storer explained it was a question of whether the City could hold the subsequent owner to those standards if they were not the ones to originally sign the agreement. However, he noted there is a provision which stipulates that the agreement is associated with the land and not to the original signer of such agreement. Mr. Storer further explained the agreement also provides the City with standards to follow in regards to lack of compliance by withholding building permits and certificate of occupancy permits if the developer fails to perform their obligations. However, it does require notice to the developer to give them the opportunity to respond. 3 Council President Gubler inquired if City Attorney Storer could make an informal demand upon the current developer to perform the work. Mr. Storer agreed to do so. President Gubler asked if the Council was all in agreement with that course of action, and nobody indicated otherwise. Discussion of Approval of Appointing Chairman Melanie Shirling to the Planning and Zoning Commission: Council President Gubler recommended tabling the decision until the next meeting until there is a full council and mayor present since they appear to be split on the matter. Council President Gubler entertained a motion. Council Member Geray made a motion to table the discussion and decision until next month. Council Member McNamara seconded the motion. All in favor, motion carries. Discussion of Purchase Agreement for the Ralph Steele Property: Attorney Storer reported he discussed the purchase agreement with the family's representative Katherine Moriarty. She indicated they determined to withdraw the offer based on their desire for the property to be permanently designated as a park, and dedicated in honor of their great grandfather indefinitely. The requirement for the City to commit to that for a period of twenty years was not acceptable. After further discussion, the City Council indicated they were not interested in pursuing any further discussion on procuring the property. Public Works Director Prouse noted a discussion regarding the maintenance of the lot should take place as the City has historically performed those duties. Attorney Storer commented the City needs to look at the lease agreement which was drawn up years ago, to see if it has expired or what changes need to happen moving forward. Director Prouse and Clerk Roberts will work on locating the agreement for examination. Discussion of Water Rights for Future Development: Council Member Geray explained he requested this be added to the agenda since Rockwell wants to come back to the City Council next month for a status update on where the City is at in regards to being able to supply water. Council Member Geray expressed he had serious reservations about the City looking to expand their water system, and would like to look at alternative solutions such as Falls Water providing that service. Attorney Storer suggested the City Council hold a work session with attorney Rob Harris who is very knowledgeable and a valuable resource in this area. Attorney Storer indicated he received a letter from the seller of the water rights and asked Mr. Harris to draft a letter summarizing his perspective on the matter to share with the Council. After further discussion, it was determined to schedule a special city council meeting for Thursday, October 6th at 7:00 p.m. to discuss procuring water rights, pending the Mayor's approval for scheduling. Discussion and Approval of Security Cameras: Council President Gubler reported this was discussed during the work session and provided a summarization for the public. He explained 4 they need to add some security cameras to the public works department shop and adjust some of the blind sports here at city hall. The Council has directed Chief Bowcutt and Public Works Director Prouse to gage needs, recommendations, and get bids to update the system. Discussion and Approval of Reserve Police Officers: Council President Gubler reported this was discussed during the work session. Chief Bowcutt commented he thought about it further and would like to table it for future discussion until Officer Mathie returns from training and in the interim seek the answers to some of the questions which were brought up by the Council. Discussion of Police Vehicle Options: Chief Bowcutt reported this was discussed during the work meeting and provided a summarization for the public. He explained he has been working on price comparisons and fuel economy on different models of vehicles. Council President Gubler indicated Chief Bowcutt should move forward on purchasing the vehicle he feels is best for the department. Chief Bowcutt will have the lease agreement once he has decided on a vehicle and will bring it to the Council for approval. 2016 Constitution Week Proclamation: Clerk Roberts reported the Daughters of the American Revolution (DAR) approached the Mayor about signing the proclamation. Council President Gubler read the proclamation for the Council and the public, "Exhibit F. Approval of Change Order for Water Tank Rehabilitation: Public Works Director Prouse explained it is an amendment to the contract to add the removal of existing hardware in the tank and remove a list of services to disinfect the tank to be performed in house. Council President Gubler entertained a motion. Council Member Garren made a motion to accept the change order as written for the reduction of $7, 436.18, "Exhibit G. Council Member Geray seconded the motion. All in favor, motion carries. Reports: Public Works Department: Director Prouse explained the majority of his report was updates on the tank project which was presented during the work session. He reported the City has reached near our highest month to date and he added meter readings from August 1st — September 1st on top of the readings he previously presented to the Council for review. As of March 1, 2017 they will have a full year of data to report. Police Department: Chief Bowcutt reported the department has participated in a lot of public relations activities this last month, and has addressed issues that have come up regarding city code. City Clerk: Clerk Roberts reported herself and Treasurer Sullivan will be out of the office the majority of this week to attend training Veteran's Day Program: Council Member Geray discussed the Veteran's Day Program which is coming up, and will be organizing speakers and singers for the event. He indicated he hasn't chosen a date for the event, but is leaning towards November 13tn 5 Iona Historical Museum: Council Member McNamara reported she is meeting with the Museum tomorrow evening to discuss any purchases they would like to make before the fiscal year ends. Council President Gubler indicated they only had about 9 days until that deadline. Fire District: Council President Gubler discussed the Henry's Creek Fire. Meeting adjourned at 8:25 p.m. COUNCIL APPROVED: October 18th , 2016 ATTEST9V!/ Shara Roberts, City Clerk Brad Andersen, Mayor 6 City of Iona Finance Worksheet - Banks Page: 1 Period: 08/16 Sep 14, 2016 12:15PM Report Criteria: Print Source Titles Total by Source Print Department Titles Total by Department All Segments Tested for Total Breaks [Report]Account Number ="011050","101175","101221","101231","511200","511222","511232","511252","101242","511211" Prior month 2 Prior month 2015-16 Current year Account Number Account Title Actual 01-1050 CHECKING - COMMERCE BANK 10-1175 INVESTMENTS -COMMERCE -GENERA 10-1221 ZIONS - GENERAL INVESTMENTS 10-1231 KEY BANK GENERAL INVESTMENTS 10-1242 WESTMARK CD --GENERAL 51-1200 INVESTMENTS -COMMERCE WATER 51-1211 WESTMARK CD -WATER 51-1222 ZIONS - WATER iNVESTMENTS 51-1232 KEY BANK WATER INVESTMENTS 51-1252 ZIONS BANK --WATER INVESTMENTS Net Grand Totals: 33, 011.66 103, 949.76 111, 792.73 128,675.41 159,683.94 89,693.38 58,447.47 58,467.45 58,490.19 157, 950.02 157, 952.70 157, 955.37 51,239.77 51,239.77 51,239.77 247,847.06 262,864.02 262,881.83 53,207.28 53,207.28 53,207.28 44,084.64 44,098.53 44,114.34 52,650.00 52,650.90 52,651.79 152, 316.01 152, 366.32 152, 423.59 979,429.32 1,096,480.67 1,034,450.27 ett City of Iona Check Register - Iona Page: 1 Check Issue Dates: 8/1/2016 - 8/31/2016 Sep 14, 2016 12:25PM Report Criteria: Report type: Summary GL Period Check Issue Date Check Number Payee Description GL Account Amount 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 08/16 eilio 08/16 08/16 08/16 08/01 /2016 14315 08/01/2016 14316 08/01 /2016 14337 08/02/2016 14340 08/03/2016 14341 08/03/2016 14342 08/03/2016 14343 08/03/2016 14344 08/03/2016 14345 08/03/2016 14346 08/03/2016 14347 08/03/2016 14348 08/03/2016 14349 08/03/2016 14350 08/03/2016 14351 08/03/2016 14352 08/03/2016 14353 08/03/2016 14354 08/03/2016 14355 08/03/2016 14356 08/03/2016 14357 08/03/2016 14358 08/03/2016 14359 08/08/2016 14360 08/10/2016 14361 08/10/2016 14362 08/10/2016 14363 08/10/2016 14364 08/10/2016 14365 08/10/2016 14366 08/10/2016 14367 08/10/2016 14368 08/10/2016 14369 08/10/2016 14370 08/10/2016 14371 08/10/2016 14372 08/10/2016 14373 08/10/2018 14374 08/10/2016 14375 08/10/2016 14376 08/17/2016 14385 08/15/2016 14386 08/17/2016 14387 08/19/2016 14388 08/22/2016 14389 08/22/2016 14390 08/22/2016 14391 08/22/2016 14392 08/22/2016 14393 08/23/2016 14394 08/23/2016 14395 08/23/2016 14396 08/23/2016 14397 08/23/2016 14398 ALLEN ELDRIDGE GREG MCBRIDE USPS BRENT PURCELL ALL AMERICAN SPORTS AMERICAN CONSTRUCTION SUPPLY & REN CABLE ONE C-A-L-RANCH STORES COMMERCIAL TIRE FALLS PLUMBING SUPPLY, INC. FREMONT COMMUNICATIONS GREAT IMPRESSIONS HOME DEPOT CREDIT SERVICES IONA FOOD MART IRWA JIM'S TROPHY KELLER ASSOCIATES MEL'S LOCK & KEY PORTER'S OFFICE PRODUCTS PRO EQUIPMENT SALES, LLC SAM'S CLUB/SYNCHRONY BANK VECTOR TIMING WEX BANK USPS GREG MCBRIDE ALLEN ELDRIDGE AAA SEWER SERVICE BIG 0 TIRES C & B OPERATIONS, LLC CASELLE, INC. DIGLINE, INC. HD SUPPLY WATERWORKS, LTD. INTERMOUNTAIN GAS CO. NETBACK, LLC NIGHT OWL WINDOW TINTING & DETAIL POST REGISTER PSI ENVIRONMENTAL SUNNYSIDE GARDENS UNITED MAILING DIRECT VERIZON WIRELESS KELLER ASSOCIATES JEROME COUNTY SHERIFF KARL BOWCUTT POWERS CANDY CO. INC. A-1 Rental - Rexburg CABLE ONE CROWN TROPHY FREMONT COMMUNICATIONS HOLDEN KIDWELL HAHN & CRAPO P.L.L.C. HOME DEPOT CREDIT SERVICES IDAHO TRAFFIC SAFETY, INC. IONA HISTORICAL MUSEUM KAREN CRUZ MITCH SIMMONS Building inspections Mechanical Inspections MAILING WATER STATEMENTS ELECTRICAL INSPECTIONS Scorebooks & case paint Rebar rings to secure garbages Internet Pipe fittings Flat repair City Park -Sprinkler maint. TELEPHONE Iona Days Fun Run T-shirts Maint. Materials -stock Misc. supplies Membership Dues Trophies -Baseball Biddiing Services 100% Duplicate keys made Filing Cabinet Trimmer parts Parks bathroom materials Iona Days Fun Run Bib -Tag Timin Public Works -Fuel 3-rolls of stamps Mechanical Inspections Building inspections Pumped Park Bathrooms Chevy 2015 Silverado PU-Police Lawn Mower Parts Contract Support Utility Locator Water meter and parts Natural gas Office PC's backup Police vehicle windows tinted Qtr. Treasurer's Report Garbage pick up City Park landscaping bark Preparing Water statements Cell phones Tank Rehab. Const. Services 10 Training Airline tickets reimbursed Parade Candy Porta Potty - Baseball Tourn. Internet Baseball Toumament ribbons Telephones City Attorney Retainer fees Parks-Maint. materials Traffic cones Museum Utilites approved by Cou Reimbursement of Bldg. Permt Fe Reimburse credit on closed Water 104720 104720 514150 104720 104960 104710 514150 104710 104710 104710 514150 104770 104710 104710 514710 104950 514180 104710 514150 104710 104710 104770 104710 514150 104720 104720 104710 104690 104710 514150 514710 514710 104175 104150 104690 104155 104710 104710 514150 104720 514180 104670 104670 104690 104960 514150 104950 104150 514150 104710 104710 104780 104720 011075 2,353.00 210.00 364.25 480.00 224.85 31.20 119.00 209.48 71.40 123.86 221.82 335.50 919.19 24.39 435.00 10.40 1,505.00 4.24 179.99 16.77 112.98 500.00 589.54 141.00 1,550.84 3,801.00 351.00 51.70 116.22 273.00 48.30 1,342.29 29.64 75.00 195.00 173.83 199.89 259.14 310.99 239.63 549.00 300.00 1,506.40 59.64 M 143.15 119.00 19.29 222.08 8,809.00 727.37 324.00 219.17 210.00 4.61 M = Manual Check, V = Void Check City of Iona Check Register - Iona Page: 2 Check Issue Dates: 8/1/2016 - 8/31/2016 Sep 14, 2016 12:25PM GL Period Check Issue Date Check Number Payee Description GL Account Amount 08/16 08/23/2016 08/16 08/23/2016 08/16 08/23/2016 08/16 08/23/2016 08/16 08/23/2016 08/16 08/23/2016 08/16 08/29/2016 08/16 08/29/2016 08/16 08/30/2016 08/16 08/30/2016 08/16 08/30/2016 08/16 08/31/2016 08/16 08/31/2016 08/16 08/31/2016 08/16 08/31/2016 08/16 08/31/2016 08/16 08/31/2016 08/16 08/31/2016 08/16 08/31/2016 08/16 08/31/2016 Grand Totals: 14399 RISE BROADBAND 14400 ROCKY MTN. POWER 14401 ROYAL THEATERS 14402 TETON MICROBIOLOGY LAB 14403 TMC CONTRACTORS INC. 14404 RAIN DECK 14408 ALLEN ELDRIDGE 14409 GREG MCBRIDE 14411 ASSOCIATION OF IDAHO CITIES 14412 BLUETARP FINANCIAL 14413 C-A-L-RANCH STORES 14414 CITY OF IDAHO FALLS TREASURER OFFICE 14415 CONRAD & BISCHOFF INC. 14416 FALLS PLUMBING SUPPLY, INC. 14417 NASASP 14418 PEAK ALARM 14419 PRO EQUIPMENT SALES, LLC 14420 ROWEN SWEEPING 14421 WEX BANK 14422 PRO RENTALS & SALES, INC Summary by General Ledger Account Number GL Account Debit Credit Proof 01-1075 01-2010 10-2010 10-41-50 10-41-55 10-41-60 10-41-65 10-41-75 10-46-70 10-46-80 10-46-90 10-47-10 10-47-20 10-47-30 10-47-70 10-47-80 10-48-20 10-49-50 10-49-60 51-2010 51-41-50 51-41-75 51-41-80 51-47-10 Grand Totals: 4.61 .00 .00 4.61- .00 64,189.47- 755.45 .00 173.83 .00 3,225.00 .00 390.00 .00 1,190.03 .00 1,806.40 .00 4,561.19 .00 1,206.67 .00 7,550.01 .00 9,288.31 .00 44.88 .00 835.50 .00 219.17 .00 32,046.68 .00 459.69 .00 436.66 .00 .00 19,958.25- 6,953.63 .00 7,797.92 .00 2,054.00 .00 3,152.70 .00 4.61 4.61- 64,189.47- 755.45 173.83 3,225.00 390.00 1,190.03 1,806.40 4,561.19 1,206.67 7,550.01 9,288.31 44.88 835.50 219.17 32,046.68 459.69 436.66 19,958.25- 6,953.63 7,797.92 2,054.00 3,152.70 84,152.33 84,152.33- .00 Domain Service Street Lights Baseball Movie Tickets Water tests Chip sealing Rockwood & Hansen Splash Pad Canopy Building inspections Mechanical Inspections AIC Conf.-Clerk & Treasurer renewed 1 yr. hotline Tools Dispatch Services 2nd Pmt. Diesel Fuel Delivered City Park -Sprinkler maint. Membership dues Qtrly Security alarm monitoring Sheetrock Jack Pioneer Park shel Street Sweeping after chip sealing Public Works -Fuel Pioneer Park Shelter ceiling 104150 14.00 104175 8,958.31 104950 430.00 514710 240.00 104820 28,463.80 104820 3,538.00 104720 380.00 104720 270.00 104165 390.00 514710 39.99 104710 104.70 104680 4,561.19 104710 757.67 104710 517.50 104710 39.00 514150 109.95 104730 384.77 104710 2,720.00 514710 775.53 104820 44.88 84,152.33 M = Manual Check, V = Void Check City of Iona Check Register - Iona Check Issue Dates: 8/1/2016 - 8/31/2016 Page: 3 Sep 14, 2016 12:25PM Dated: Mayor: City Council: airkwictu Report Criteria: Report type: Summary M = Manual Check, V = Void Check (00'4LE (00'9 (00'9Z (££'LCZ (L6'6L6 (94'9 (LL'9L (66'6 (00'09 (66'4£ (4E'09 (00'466'L 00'4LE 00'9 00'0 L 00'S L 8L'L9L 46'64 L9'69 09'LZ 09'LZ 66'6 64'at' 64'at, 94'9 LL'9L 66'6 00'0E 00.0E 66 4E 4E'09 00'9S 00'6E6' L S3021VHO 213H10 8 S)103HO 1V101 S3021VH0 213H10 8 SN03H0 WW1 S3ONVH0 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9I.OZ/LL/8 L000'0Z 09-14-1.9 l 9LOZ/LE/8 L000'6L 0944-0L l 91.0Z/LE/8 1000'8L OL-94-0L l9LOZ/9L/8 L000'Ll. 0S-14-19 L 9LOZ/9L/9 L000'9t 09-14-0L L 9LOZ/9L/8 1000'91. 09-1.4-L9 L 9LOZ/OE/8 100017L OS- L4-0L L 9LOZ/OE/8 1.000'El OS-14-0L L 91.0Z/0E/9 1.000'ZL 09-17-L9 L 91.0Z/O£/8 1.000'lL 09-L4-0t L 9LOZ/OE/8 LOOT 0I. 06-94-0L L 91.0Z/0e/9 1000'6 06-94-0L L 9LOZ/9Z/8 L000'8 01.-L4-01. t 9LOZ/ZZ/8 L0001 9L0L-1.0 L 9LOZ/9N8 L000'9 9L0L-LO L 9LOZ/91./8 L000'S 09-Lb-OL L 9LOZ/9L/9 1.000'4 0L-L4-0L ZL 9LOZ/8/8 L000'E 09-WOl ZL 9LOZ/L/8 1.000'Z 09-L4-OL Zl 91.0Z/L/9 L0001 ;uawwo0 ;unowV uondp0sa0 01111 ;un000V JaywnN oleo ;unooOV aoualalad WdZZ:ZL 9LOZ'14deS L :a6ed uopewuolul l!e;a0 Ambul !minor 1 S3SVHOSIX CIEWO11a3/ia CITY OF IONA REVENUES WITH COMPARISON TO BUDGET FOR THE 11 MONTHS ENDING AUGUST 31, 2016 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT TAX REVENUE 10-31-10 PROPERTY TAX REVENUE 1,145.52 251,228.05 244,000.00 ( 7,228.05) 103.0 TOTAL TAX REVENUE 1,145.52 251,228.05 244,000.00 ( 7,228.05) 103.0 LICENSES & PERMITS 10-32-20 BEER & DOG LICENSES 85.00 554.00 700.00 146.00 79.1 TOTAL LICENSES & PERMITS 85.00 554.00 700.00 146.00 79.1 INTERGOVERNMENTAL REVENUE 10-33-10 STATE LIQUOR TAX 17,971.00 71,787.00 78,213.00 10-33-20 STATE REVENUE SHARING 00 92,625.00 93,557.00 10-33-30 STATE HIGHWAY USERS .00 86,397.80 79,705.00 10-33-40 POLICE REVENUE 3,160.45 9,491.90 9,660.00 10-33-80 GRANTS 00 282.95 .00 6,426.00 91.8 932.00 99.0 6,692.80) 108.4 168.10 98.3 282.95) .0 TOTAL INTERGOVERNMENTAL REVENUE 21,131.45 CHARGES FOR SERVICE 260,584.65 261,135.00 550.35 99.8 10-34-10 BUILDING INSPECTION FEES 8,888.00 70,875.50 74,000.00 3,124.50 95.8 10-34-20 CABLE TV FRANCHISE 1,274.00 5,592.00 8,700.00 3,108.00 64.3 10-34-30 NATURAL GAS FRANCHISE 2,603.85 11,467.09 13,000.00 1,532.91 88.2 10-34-40 POWER FRANCHISE .00 23,208.38 27,000.00 3,791.62 86.0 TOTAL CHARGES FOR SERVICE 12,765.85 111,142.97 122,700.00 11,557.03 90.6 OTHER REVENUE 10-36-10 INTEREST 34.85 700.04 1,300.00 599.96 53.9 10-36-50 BUILDING RENT 800.00 10,332.50 13,500.00 3,167.50 76.5 10-36-60 MYAC REVENUE .00 1,174.00 1,000.00 ( 174.00) 117.4 10-36-70 IONA DAY REVENUE 320.94 645.94 2,000.00 1,354.06 32.3 10-36-80 MUSEUM .00 .00 1,000.00 1,000.00 .0 10-36-90 MISCELLANEOUS REVENUE 127.20 6,514.45 8,000.00 1,485.55 81.4 TOTAL OTHER REVENUE 1,282.99 19,366.93 26,800.00 7,433.07 72.3 FOR ADMINISTRATION USE ONLY 92 % OF THE FISCAL YEAR HAS ELAPSED 09/14/2016 12:08PM PAGE: 1 CITY OF IONA REVENUES WITH COMPARISON TO BUDGET FOR THE 11 MONTHS ENDING AUGUST 31, 2016 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT RECREATION REVENUE 10-37-50 RECREATION FEES .00 71,558.03 73,600.00 2,041.97 97.2 10-37-60 SHELTER RENTAL 65.00 686.00 1,600.00 914.00 42.9 TOTAL RECREATION REVENUE 65.00 72,244.03 75,200.00 2,955.97 96.1 EQUIPMENT REPLACEMENT 10-38-20 EQUIPMENT REPLACEMENT .00 .00 45,000.00 45,000.00 .0 TOTAL EQUIPMENT REPLACEMENT .00 .00 45,000.00 45,000.00 .0 RESERVES 10-39-50 RESERVES .00 .00 163,043.00 163,043.00 .0 TOTAL RESERVES .00 .00 163,043.00 163,043.00 .0 TOTAL FUND REVENUE 36,475.81 715,120.63 938,578.00 223,457.37 76.2 FOR ADMINISTRATION USE ONLY 92 % OF THE FISCAL YEAR HAS ELAPSED 09/14/2016 12:08PM PAGE: 2 CITY OF IONA EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 11 MONTHS ENDING AUGUST 31, 2016 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT ADMINISTRATION 10-41-10 PAYROLL 9,628.41 118,575.88 157,220.00 38,644.12 75.4 10-41-20 PAYROLL TAXES 1,018.31 12,322.74 17,750.00 5,427.26 69.4 10-41-30 RETIREMENT 1,111.28 13,753.12 18,742.00 4,988.88 73.4 10-41-40 HEALTH INSURANCE 2,637.24 25,017.34 30,000.00 4,982.66 83.4 10-41-50 OFFICE EXPENSE & ADMIN. 3,324.03 13,542.76 15,800.00 2,257.24 85.7 10-41-55 PUBLISHING 173.83 981.26 1,500.00 518.74 65.4 10-41-60 LEGAL & AUDIT FEES 3,225.00 15,351.97 38,500.00 23,148.03 39.9 10-41-63 ENGINEERING .00 9,227.00 14,500.00 5,273.00 63.6 10-41-65 TRAINING/TRAVEL 390.00 4,606.02 4,500.00 ( 106.02) 102.4 10-41-70 INSURANCE LIABILITY .00 11,353.50 15,286.00 3,932.50 74.3 10-41-75 ELECTRICITY - NATURAL GAS 1,190.03 13,603.11 20,500.00 6,896.89 66.4 TOTAL ADMINISTRATION POLICE DEPARTMENT 22,698.13 238,334.70 334,298.00 95,963.30 71.3 10-46-10 POLICE -PAYROLL 7,494.68 84,948.02 100,000.00 15,051.98 85.0 10-46-20 PAYROLL TAXES 687.61 7,743.70 15,000.00 7,256.30 51.6 10-46-30 POLICE -RETIREMENT 973.88 10,566.21 15,000.00 4,433.79 70.4 10-46-40 POLICE -HEALTH INSURANCE 1,451.80 17,555.50 30,000.00 12,444.50 58.5 10-46-70 POLICE -TRAINING 1,968.18 6,111.67 10,000.00 3,888.33 61.1 10-46-80 POLICE-COUNTY/DISPATCH 4,561.19 36,324.11 39,000.00 2,675.89 93.1 10-46-90 POLICE -GENERAL 1,252.70 19,241.22 21,300.00 2,058.78 90.3 TOTAL POLICE DEPARTMENT 18,390.04 182,490.43 230,300.00 47,809.57 79.2 MISCELLANEOUS DEPT 10-47-10 MAINTENANCE 7,620.34 63,566.29 94,000.00 30,433.71 67.6 10-47-20 BUILDING INSPECTIONS 9,288.31 40,762.14 26,000.00 ( 14,762.14) 156.8 10-47-30 EQUIPMENT EXPENSE 44.88 5,575.14 5,000.00 ( 575.14) 111.5 10-47-50 CIVIL DEFENSE 00 895.00 1,000.00 105.00 89.5 10-47-60 MYAC EXPENSE .00 1,168.00 1,000.00 ( 168.00) 116.8 10-47-70 IONA DAY EXPENSE 835.50 4,230.25 5,000.00 769.75 84.6 10-47-80 MUSEUM EXPENSE 219.17 826.38 1,000.00 173.62 82.6 10-47-90 MISCELLANEOUS EXPENSE 374.00 5,415.31 10,000.00 4,584.69 54.2 TOTAL MISCELLANEOUS DEPT CAPITAL OUTLAY 18,382.20 122,438.51 143,000.00 20,561.49 85.6 10-48-10 LIBRARY .00 .00 3,000.00 3,000.00 .0 10-48-20 CAPITAL IMPROVEMENTS 32,046.68 51,673.79 102,300.00 50,626.21 50.5 10-48-50 LAND ACQUISITION .00 .00 10,000.00 10,000.00 .0 TOTAL CAPITAL OUTLAY 32,046.68 51,673.79 115,300.00 63,626.21 44.8 FOR ADMINISTRATION USE ONLY 92 °/u OF THE FISCAL YEAR HAS ELAPSED 09/14/2016 12:08PM PAGE: 3 CITY OF IONA EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 11 MONTHS ENDING AUGUST 31, 2016 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT RECREATION EXPENDITURES 10-49-10 RECREATION LABOR 238.88 44,447.30 31,680.00 ( 12,767.30) 140.3 10-49-20 PAYROLL TAXES 22.53 4,620.43 4,500.00 ( 120.43) 102.7 10-49-50 RECREATION SUPPLIES 459.69 11,335.84 21,000.00 9,664.16 54.0 10-49-60 RECREATION EQUIPMENT 436.66 10,089.47 10,500.00 410.53 96.1 10-49-70 RECREATION MAINTENANCE .00 1,513.09 3,000.00 1,486.91 50.4 TOTAL RECREATION EXPENDITURES EQUIPMENT REPLACEMENT 10-50-10 EQUIPMENT REPLACEMENT 1,157.76 72, 006.13 70,680.00 ( 1,326.13) 101.9 .00 23,062.50 45,000.00 21,937.50 51.3 TOTAL EQUIPMENT REPLACEMENT .00 23,062.50 45,000.00 21,937.50 51.3 TOTAL FUND EXPENDITURES 92,674.81 690,006.06 938,578.00 248,571.94 73.5 NET REVENUE OVER EXPENDITURES ( 56,199.00) 25,114.57 .00 ( 25,114.57) .0 FOR ADMINISTRATION USE ONLY 92 % OF THE FISCAL YEAR HAS ELAPSED 09/14/2016 12:08PM PAGE: 4 OPERATING REVENUE 51-31-10 COLLECTIONS 51-31-30 HOOK UP FEES CITY OF IONA REVENUES WITH COMPARISON TO BUDGET FOR THE 11 MONTHS ENDING AUGUST 31, 2016 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 25,039.13 241,869.30 15,000.00 102,000.00 251,161.00 81,000.00 ( 9,291.70 96.3 21,000.00) 125.9 TOTAL OPERATING REVENUE 40,039.13 INTERGOVERNMENTAL REVENUE 343,869.30 332,161.00 ( 11,708.30) 103.5 51-33-80 GRANTS .00 .00 253,000.00 253,000.00 .0 TOTAL INTERGOVERNMENTAL REVENUE .00 .00 253,000.00 253,000.00 .0 WATER 51-35-10 WATER SYSTEM .00 .00 280,000.00 280,000.00 .0 TOTAL WATER .00 .00 280,000.00 280,000.00 .0 MISCELANEOUS REVENUE 51-36-10 INTEREST 91.78 1,316.70 2,000.00 683.30 65.8 51-36-20 MISC REVENUE .00 351.45 500.00 148.55 70.3 TOTAL MISCELANEOUS REVENUE 91.78 1,668.15 2,500.00 831.85 66.7 EQUIPMENT REPLACEMENT 51-38-60 EQUIPMENT RESERVES .00 .00 40,000.00 40,000.00 .0 TOTAL EQUIPMENT REPLACEMENT .00 .00 40,000.00 40,000.00 .0 RESERVES 51-39-50 RESERVES .00 .00 50,000.00 50,000.00 .0 TOTAL RESERVES .00 .00 50,000.00 50,000.00 .0 TOTAL FUND REVENUE 40,130.91 345, 537.45 957,661.00 612,123.55 36.1 FOR ADMINISTRATION USE ONLY 92 % OF THE FISCAL YEAR HAS ELAPSED 09/14/2016 12:08PM PAGE: 5 CITY OF IONA EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 11 MONTHS ENDING AUGUST 31, 2016 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT ADMINISTRATION 51-41-10 PAYROLL 3,451.47 73,985.70 94,710.00 20,724.30 78.1 51-41-20 PAYROLL TAXES 349.03 7,947.16 11,700.00 3,752.84 67.9 51-41-30 RETIREMENT 412.69 8,833.61 12,500.00 3,666.39 70.7 51-41-40 HEALTH INSURANCE 952.81 18,528.99 19,540.00 1,011.01 94.8 51-41-50 OFFICE EXPENSE & LEGAL 7,468.56 41,207.61 23,990.00 ( 17,217.61) 171.8 51-41-70 INSURANCE LIABILITY .00 5,768.50 .00 ( 5,768.50) .0 51-41-75 ELECTRICITY & NATURAL GAS 7,797.92 43,419.17 47,400.00 3,980.83 91.6 51-41-80 ENGINEERING 2,054.00 25,457.00 50,000.00 24,543.00 50.9 TOTAL ADMINISTRATION MISCELLANEOUS 22,486.48 225,147.74 259,840.00 34,692.26 86.7 51-47-10 MAINTENANCE & REPAIRS 3,152.70 20,047.91 46,021.00 25,973.09 43.6 51-47-20 MISCELLANEOUS EXPENSE .00 5,762.70 200.00 ( 5,562.70) 2881.4 51-47-30 EQUIPMENT EXPENSE .00 1,691.48 3,000.00 1,308.52 56.4 51-47-35 EQUIPMENT RENT .00 .00 4,000.00 4,000.00 .0 TOTAL MISCELLANEOUS 3,152.70 27,502.09 53,221.00 25,718.91 51.7 CAPITAL IMPROVEMENTS 51-48-20 CAPITAL IMPROVEMENTS 51-48-30 LAND ACQUISITION TOTAL CAPITAL IMPROVEMENTS EQUIPMENT REPLACEMENT 51-50-10 EQUIPMENT REPLACEMENT .00 25,972.91 570,000.00 544,027.09 4.6 .00 38,500.00 35,000.00 ( 3,500.00) 110.0 .00 64,472.91 605,000.00 540,527.09 10.7 .00 23,062.50 39,600.00 16,537.50 58.2 TOTAL EQUIPMENT REPLACEMENT .00 23,062.50 39,600.00 16,537.50 58.2 TOTAL FUND EXPENDITURES 25,639.18 340,185.24 957,661.00 617,475.76 35.5 NET REVENUE OVER EXPENDITURES 14,491.73 5,352.21 .00 ( 5,352.21) .0 FOR ADMINISTRATION USE ONLY 92 % OF THE FISCAL YEAR HAS ELAPSED 09/14/2016 12:08PM PAGE: 6 CITY OF IONA 3548 N Main P.O. Box 487 Iona, Idaho 83427 Business License Application License Fee (New & Renewal): $50.00 Phone: (208) 523-5600 Fax: (208) 535-0087 New 0 Renewal 0 Change of information Business Name (DBA) Clcu"� ,, SG ref �._LciOn Business Address r Q_ 1?ok /6� 5742 Fackcidr Mailing Address gL / - &-7L---7"76,3 . Business Phone # ,5zz-3zo9 Emergency Phone#6 3 n/- �7/" y`l Business Contact (Owner/Manager) Lar/e E///cam Home Phone# Brief Description of N ture/Type of Business apd Goods/Services to be Sold/Provided: L° Q /-h-10 lit7Cr- Z)(1 f'Ce Z4.1 i 72d,ISL Days of Operation: //27 " Hours of Operation: �� S Date Business was Established: _2 03 Zoning of Property: I hereby certif that the above application and all attachments are true, correct, and complete t• est ofyiowledge and belief. Signed Date y -„2 / Exhibit "A" n 0 o b r- N 4 PRECINCT 0 4 N z xl a r r FOR RECALLING Brad D. Andersen who holds the office of Mayor in the City of Iona 0 O -n O D En n mz � o x A m m n O1-r ,r- z m r m 0 0 z o 01 w cn D o -1 m D AGAINST RECALLING Brad D. Andersen who holds the office of Mayor in the City of Iona o o o < 0 v 0 0 o a r N -P. PRECINCT o_ = -< O > o aZ -<P O cn o °' Cn � � Total Number of Registered Voters at Cutoff � N co Number of Election Day Registrants _ �, N.)r w co Total Number of Registered Voters D - Cn n to m r m 0 z No o ; � Number of Ballots Cast .o. CO rn 0 4 rn-u ivv ee CA • o % of Registered Voters That Voted sioz `oe isnond AlNn00 3111A3NNO9 Exhibit "B" STATE OF IDAHO COUNTY OF BONNEVILLE I, PENNY MANNING, County Clerk of said county and state, do hereby certify that the attached is a full, true and complete copy of the abstract of votes for the candidate therein named as he appeared on the election ballot on August 30, 2016, for the City of Iona as shown by the record of the Board of Canvassers filed in my office this 2nd day of September, 2016. ')`1, uu,1)(16Url,,'1,1116 CountyClerk .���I.:***** ClrrbylI E LINTY ;. /*i s��gH4O 04��`�a E-30, Approved Secretary of State, January 2011 STATE OF IDAHO COUNTY OF BONNEVILLE We, the commissioners of the county and state aforesaid, acting as a Board of Canvassers of Election, convened on September 2, 2016, do hereby state that the attached is a true and complete abstract of all votes cast within this county for the candidates and/or issue as it appeared at the election held on August 30, 2016, as shown by the records now on file in the County Clerk's office. f County Board of Canvassers Attest: 'XI Ltd County Clerk E-31, Approved Secretary of State, January 2011 LAW ENFORCEMENT AND ANIMAL CONTROL AGREEMENT THIS AGREEMENT, entered into this day of September, 2016, by and between BONNEVILLE COUNTY, a political subdivision of the State of Idaho. (the "County") and the CITY OF IONA. a municipal corporation of the State of Idaho located within Bonneville County. (the "City"). WITNESSETH WHEREAS. the City- has authority under Idaho Statutes to enforce State penal laws and local ordinances, including those violations of which constitute a public offense within the City including the enforcement of ordinances of the City; and WHEREAS. the County Sheriff has the duty under Idaho statutes to enforce State laws, including those the violation of which constitute a public offense, in all areas of the County, including violations occurring within corporate limits of the City of Iona; and WHEREAS. the City has authority' to contract with the County to provide law enforcement services within the City; and WHEREAS, the City has determined that the County can provide law enforcement services within the City at a cost more economical to the City, than if the City provides its own law enforcement services; and WHEREAS. the County has on staff trained and competent personnel for adequate police protection and is willing to assume and provide the law enforcement services within the City- of Iona; and WHEREAS. the parties have deemed it to be to the mutual interest of the County and City to have the County assume the law enforcement duties and the police protection for the City of Iona. NOW, THEREFORE. it is hereby agreed by and between the parties as follows: 1. Police Protection. The County by the execution of this agreement is hereby authorized and shall assume the non-exclusive responsibility for the protection and law enforcement of the City- of Iona. together with its responsibilities in other areas of Bonneville County and with concurrent jurisdiction within the City, with the Idaho State Exhibit "C" Law Enforcement Contract Page 1 Police. The County agrees to enforce all criminal and penal ordinances of the City as directed by the Mayor or other designated official of the City, when the Iona law enforcement officer is not on duty. 2. Animal Control. The County shall assume the exclusive responsibility for animal control protection of the City of Iona, together with its responsibilities in other areas of Bonneville County and with concurrent jurisdiction within the City with the Idaho State Police. The County agrees to enforce ordinances of the City as directed by the Mayor or other designated official of the City, excluding animal kennel licensing and other non -enforcement related ordinances, when the Iona Animal Control officer is not on duty. 3. Equipment. Unless otherwise noted in this agreement. Bonneville County shall fumish at its own expense all automotive vehicles and all law enforcement and police equipment, supplies, and materials necessary for county officers to provide adequate police protection and enforcement within the City. 4. Services. Bonneville County shall include for the consideration herein recited, the food, clothing, housing and medical costs associated with confinement of any prisoner who is incarcerated for the violations of State laws or City ordinances cited through the Sheriffs Office or any other law enforcement officer of the State. Bonneville County shall include for the consideration herein recited, the jail costs of any confinement of defendant and prisoner who is sentenced to jail for the violations cited through the Sheriff s Office. It is hereby acknowledged by the parties that all dispatching services shall be the sole responsibility of the City of Iona. The City of Iona at their cost or expense shall provide for all dispatch services in a manner approved by the Bonneville County Sheriff. Failure of the City of Iona to provide for dispatch services in a manner approved in writing by the Bonneville County Sheriff shall constitute a material breach of contract by the City of Iona and upon ten (10) days written notice from Bonneville County to the City of Iona of said breach this agreement shall be immediately terminated. Law Enforcement Contract Page 2 5. Term. This agreement shall become effective on October 1, 2016. and shall continue in force and effect through and including September 30, 2017. constituting a one year period. 6. Personnel. The County shall furnish sufficient personnel for such police and law enforcement and Animal Control services in the City of Iona, and such personnel shall be under the direction of Bonneville County: provided, however, that these persons shall be responsible for responding to and enforcing violations of City ordinances as requested by the Mayor or other designated official of the City when the Iona law enforcement officer is not on duty. The County shall pay' all salaries and benefits of such personnel, including PERSI, unemployment compensation or other withholdings and deductions required or allowed by law and the City shall have no responsibility whatsoever with respect thereto. The County further agrees to obtain and maintain police professional liability insurance and automobile liability, insurance coverage in such amounts and upon such terms as it deems appropriate.. provided the County will obtain an endorsement on such policies naming the City as an additional insured thereon. 7. Records and Reporting. The County shall furnish the City with a written summary of its activities incurred hereunder for each month, which shall be submitted on or before the third Monday of the following month during the term of this agreement. At the request of the Mayor of Iona, personnel from the Sheriffs Office shall report in person to the City of lona. City Council. which shall be scheduled at 7:30 o'clock p.m. on the third Tuesday of each month at the City of Iona building, unless the County is notified otherwise. The reports shall summarize the activities of the Bonneville County Sheriffs Office concerning the City of Iona for the previous reporting period and to respond to any inquiries.. comments or suggestions of the City Council. The Deputy appearing shall be heard promptly at the time of his attendance and shall not be delayed. 8. Compensation. The City shall pay to the County as compensation for the services to be herein rendered for the term as stated. the stun of $21,915.00. (twent),-one thousand nine hundred and fifteen dollars). allocated as follows: Law Enforcement $17,532.00 Law Enforcement Contract Page 3 Animal Control $ 4.383.00 Further, the City agrees to share traffic and criminal fine revenue paid to the City by any Court of Law at twenty-five percent (25%) to the City of lona and seventy-five percent (75%) to the Bonneville County Sheriff s Office on citations issued by Bonneville County Sheriff Deputies within the city limits of the City of Iona. as determined from official records of the Court(s). invoiced by the County on a quarterly basis. Notwithstanding the foregoing. in the event any assessment is made against the City pursuant to Idaho Code § 1-2218, then and in such event, the seventy-five percent (75%) share of the County in such revenue shall be reduced by any amounts assessed to and paid by the City during any calendar quarter preceding the date of the quarterly payment set forth below. The amounts of the stated compensation herein set forth shall be paid by the City to the County in quarterly payments. with the first payment due on the 31" day of December. 2016, and the subsequent payments due on March 31, 2017. June 30. 2017, and September 30, 2017. 9. Renewal and Extension. This agreement may be renewed or extended for additional periods of time by written endorsement hereon or by letter with reference to this agreement extending or renewing the contract for an additional term. Should there be any, desire to not renew the contract, the party so desiring shall give notice to the other on or before March 1'' of the current fiscal year. In the event of any renewal or extension hereto. the parties shall jointly agree upon and modify, if necessary, the compensation amounts as set forth in paragraph 8. 10. Fines and Forfeitures. All citations, complaints and prosecutions for non - felony crimes or violations shall be issued in accordance with the statutes of the State of Idaho, or ordinances of the City of Iona. if applicable, and shall be processed in the :Magistrate Court of Bonneville County. All fines. penalties and forfeitures paid or received under the provisions of any City ordinances shall be paid unto the City Treasury pursuant to the provisions of Section 50-1015 of the Idaho Code. The City Treasurer Law Enforcement Contract Page 4 shall report to the County on a quarterly basis, all fines paid to the City, from any Court(s). 11. Independent Contractor. The County shall perform this agreement and the responsibilities enumerated hereunder as an independent contract; and the County, the Sheriffs Office. and the law enforcement officers shall not be considered agents or employees of the City. of Iona. P. Indemnification. The County agrees to indemnify and hold harmless the City against any and all liability for injury. including loss of life, to any person and for damage to, or loss of.. the property of any person arising from any act or omission on the part of the County, its officials. Sheriff, or other law enforcement personnel in connection with providing animal control, police protection and law- enforcement within the City. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed, through duly enacted resolution of the governing bodies of both parties, the day and the year first above written. ATTEST BONNEVILLE COUNTY RONALD LONGMORE ROGER CHRISTENSEN. Chairman Bonneville County Clerk Board of Commissioners PAUL J. WILDE Sheriff ATTEST CITY OF IONA Iona City Clerk Mayor Law Enforcement Contract Page 5 LEASE AGREEMENT THIS LEASE AGREEMENT (this "Lease") is executed to be effective as of August 15, 2014, (the "Effective Date"), by and between the City of Iona, an Idaho municipal corporation, whose address is P.O. Box 487, Iona, Idaho, 83427, hereinafter referred to as ("Lessor"), and Debbie Whitehead, d/b/a Good Foundations Pre-school, whose address is 1976 N. 55`h E., Idaho Falls, Idaho, 83401, hereinafter referred to as ("Lessee"). In consideration of the mutual covenants, conditions and agreements contained herein and the payment of rents herein specified, it is agreed as follows: 1. PREMISES. Lessor does hereby lease, demise and rent unto Lessee one room located in the basement of the Iona Community Center located at 3548 North Main Street, Iona, Idaho, hereinafter referred to as the ("Premises"). The Premises shall be at the location shown on Exhibit "A" attached hereto. 2. ACCEPTANCE. Lessee has examined the Premises and the buildings and improvements situated thereon, and accepts the same in their current condition and state of repair as of the Effective Date. Lessor makes no warranty or representation that the Premises are suitable for Lessee's intended use and Lessee accepts the Premises in an "AS IS" condition. 3. TERM. The term of this Lease shall be for a period of one (1) year beginning on the Effective Date, subject to prior termination as provided herein. 4. RENT. Lessee covenants, stipulates and agrees to pay to Lessor as rent for the Premises the following: 4.1 For the calendar months of August through April inclusive, Lessee shall pay monthly rent in the amount of $300 due and payable in advance on the fifteenth (15t) day of each of such calendar months. During the calendar months of May through July inclusive, Lessee shall pay monthly rent in the amount of $ I0(), D0 , payable in like manner as set forth above. Rent shall be paid to Lessor at the offices of the City Clerk of the City of Iona, 3548 North Main, Iona, Idaho, 83427. The first monthly rent payment is due and payable at the time of the execution of this Lease. 4.2 In the event Lessee is delinquent beyond the tenth (10`'') day after the due date of any monthly rent payment, Lessee shall pay to Lessor a late charge equal to five percent (5%) of the amount past due and all such past due amounts shall bear interest at eighteen percent (18%) per annum from the date due until paid. Exhibit "D" 4.3 In the event any rent payment by check is dishonored and returned for non -sufficient funds, Lessee shall pay to Lessor an additional processing fee of $50.00 for each check so returned. 5. SECURITY DEPOSIT. Lessee has on this date deposited with Lessor the sum of $300, as security for the faithful performance by Lessee of all terms, provisions, conditions and covenants hereof upon the Lessee's part to be kept, observed and performed. Said deposit shall be returned to Lessee after the time fixed as the expiration of this Lease; provided, however, Lessee shall have faithfully kept, observed and performed all the terms, provisions, conditions and covenants on Lessee's part to be kept and performed. In case of default on the part of Lessee to comply with the provisions hereof, said deposit shall be used first for the payment of delinquent rent, second for the payment of costs and expenses incurred by Lessor in repairing damage to the Premises occasioned by the tenancy, and third for any other amounts due to Lessor hereunder as a result of the default or neglect on the part of Lessee to comply with the terms hereof. The amount deposited in excess of the costs and expenses of Lessor in repairing damages and other amounts due as a result of the default or neglect of Lessee shall be returned to Lessee. In the event the deposit is not sufficient to cover costs of such repair, Lessee agrees to pay to Lessor, or Lessor's agents, the amount necessary over and above such deposit to repair the Premises. 6. USE OF PREMISES AND COMPLIANCE WITH LAWS. Lessee shall use the Premises solely for the purposes of operating a pre-school for care of minor children, subject to all applicable State, County and City zoning and code restrictions. Lessee shall not use or permit the use of the Premises for any other purpose or purposes without the prior written consent of Lessor, which consent Lessor may withhold in its sole and absolute discretion. The Premises shall not be used for any unlawful purpose, and Lessee agrees to comply with all federal, state, county and city ordinances, laws and regulations, present or future, including but not limited to the Americans with Disabilities Act and all guidelines promulgated thereunder, affecting the use of or the type of business to be carried on in the Premises. In particular, Lessee shall comply with all laws, ordinances, rules and regulations authorized or issued by any federal, state or local governmental entity or agency regarding the use of such Premises for a pre-school for minor children. Lessor however makes no warranty or representation that the Premises are suitable for such use and Lessor shall have no obligation to make any alteration, change or addition to the Premises in order to enable Lessee to meet such rules, regulations or laws. 7. UTILITIES. Lessor shall pay for all electricity, gas, water, sewer, and sanitation/garbage removal services arising from Lessee's use of the Premises. 8. MAINTENANCE. Lessor shall keep all ventilation and air conditioning equipment, electrical wiring, plumbing and sewer systems, all interior and exterior painting, glass replacement, landscaping and grounds -keeping (grass, shrubs, debris and snow 2 - Lease Agreement removal, etc.), janitorial service and all other maintenance and repairs in or on the Community Center, in a reasonably good state of maintenance and repair, such as will not otherwise impair or substantially impede Lessee's operation and use of the Premises for a pre-school. Lessee further agrees that all damage or injury done to the Premises by Lessee, or by any person who may be in or upon the Premises at Lessee's invitation or with Lessee's permission or pursuant to a sublease or other agreement with Lessee, shall be repaired by Lessee at its sole cost and expense. 9. HOURS OF OPERATION. Lessee shall have the right to use the Premises between the hours of 7:00 a.m. and 6:00 p.m. of every day of the week except Saturday, Sunday and legal holidays, unless otherwise approved by Lessor in writing. 10. PARKING. Lessee shall have the right to use the parking lot located on the north side of the Iona Community Center for the purpose of operating Lessee's business during the hours of operation as set forth above, provided such use shall be in common with all other uses, activities and events conducted, sponsored or permitted by Lessor. Lessor makes no warranty or representation as to the adequacy or availability of parking spaces during such hours. Lessor shall keep such parking lot in a good condition and state of repair, and shall provide snow removal services in the same manner as it has been done customarily in the past. Lessor makes no warranty or representation with respect to the adequacy or frequency of such snow removal services. 11. INSURANCE. Lessee shall obtain and maintain insurance in connection with the Premises as follows: 11.1 Lessee shall obtain and maintain, at Lessee's sole cost and expense, commercial general liability insurance covering Lessee and Lessor for all claims for injury or damage to person or property or for loss of life or of property occurring upon, in, or about the Premises, with combined single limits of $500,000.00 per occurrence and $1,000,000.00 general aggregate. Lessor shall be named as an additional insured on such policy. Such insurance policy shall provide that all notices issued by the insurance company pertaining to any changes in insurance coverage under the insurance policy, delinquent premium notices, or other matters pertaining to the coverage provided by such insurance policy shall be sent to both Lessor and Lessee. Such insurance policy shall provide that it cannot be terminated or amended without thirty (30) days prior written notice to Lessor. Evidence of such insurance policy shall be delivered to Lessor at or prior to the Effective Date and proof of such insurance shall be kept and maintained on file with Lessor throughout the Lease term. Lessor shall have the right at any time to require Lessee to provide to Lessor copies of such insurance policy, together with any amendments or additions to such insurance policy and evidence that all payments required to be made in order to maintain such insurance in full force and effect have been paid in full by Lessee. 3 - Lease Agreement Prior to assuming possession of the Premises, Lessee shall provide a Certificate of Insurance evidencing such coverages. 11.2 Lessee shall obtain and maintain, at Lessee's sole cost and expense, all worker's compensation, unemployment and other employee related insurance policies in accordance with statutorily required amounts. 11.3 Neither Lessor nor Lessee shall be liable to the other for any business interruption or any loss of or damage to property or injury to or death of persons occurring on the Premises or any adjoining property, in any manner arising out of or connected with the condition of or Lessee's use and occupation of the Premises or any adjoining property, whether or not caused by the negligence or other fault of Lessor or Lessee or their respective agents, employees, subtenants, licensees, or assignees. This release shall apply only to the extent that such business interruption or loss of or damage to property or injury to or death of persons (a) is covered by insurance, regardless of whether such insurance is payable to or protects Lessor or Lessee or both, or (b) would have been covered by insurance required hereunder to be maintained by the releasing party. Nothing in this paragraph shall be construed to impose any other or greater liability upon either Lessor or Lessee than would have existed in the absence of the paragraph. This release shall be in effect only so long as the applicable insurance policies contain a waiver of subrogation rights and a clause to the effect that this release shall not affect the right of the insured to recover under such policies. In the event of any conflict between the terms of this paragraph and the Idaho Tort Claims Act (the "Act"), then the Act shall prevail. 12. INDEMNIFICATION. Lessee covenants and agrees not to do or suffer anything to be done by which persons or property in or about or adjacent to the Premises may be injured, damaged, or endangered. Lessee hereby agrees to defend and indemnify Lessor against and to hold Lessor harmless from any and all claims or demands for uninsured loss of or damage to property or injury or death to any person from any cause whatsoever occurring in, upon or about the Premises during the term of this Lease or any extension thereof. 13. FIRE RISK/PROTECTION DEVICES. Lessee shall not do or permit anything to be done in the Premises or bring or permit anything to be brought therein which in any way increases or tends to increase the risk of fire or damage by explosion, or which will conflict with the regulations of the fire department or fire laws, or with any fire insurance policy on the building or any part thereof, or with any regulations established by the health department or with any municipal, county, state or federal laws, ordinances or regulations. Lessee shall not use or permit the use of the Premises in a manner which may increase the rate of fire or extended coverage insurance on the building situate on the Premises over that in effect prior to this Lease. 4 - Lease Agreement 14. ALTERATIONS. No alteration, addition, or improvement to the Premises shall be made by Lessee without the written consent of Lessor, which consent Lessor may withhold in its sole and absolute discretion. Any alteration, addition or improvement made by Lessee after such consent shall have been given, and any fixtures installed as part thereof, shall at Lessor's option become the property of Lessor upon the termination of this Lease and be surrendered with the Premises; provided, however, that Lessor shall have the option to require Lessee, at Lessee's cost, to remove such alteration, addition, improvement and fixtures upon the termination of this Lease. Upon the removal thereof, Lessee shall be required to promptly repair any damage or injury done to the Premises by such removal and restore the Premises to as a good condition as existed at the time Lessee took possession of the Premises, reasonable wear and tear excepted. Nothing herein shall be construed to authorize the filing of a mechanic's or materialman's lien against the Premises or the Community Center. In the event such liens are filed, Lessee shall indemnify Lessor against any mechanic's or materialman's lien or other lien arising out of the making of any alteration, repair, addition, or improvement by Lessee, and shall hold Lessor harmless from any such liens or claims, including reasonable attorney fees and costs that may be incurred in removing any such liens. 15. SIGNS. Lessee shall not affix or maintain upon the glass panes or supports on the windows, doors or the exterior walls of the Premises, any signs, advertising placards, names, insignia, trademarks, descriptive material or any other such like items except as shall have first received the written approval of Lessor as to the size, type, color, location, copy, nature and display qualities. Lessee may, upon approval of Lessor, have windows or doors of the Premises painted, or place decals thereon with the name of Lessee, Lessee's address and business hours, provided said painting or decals are removed at Lessee's expense upon termination or vacation of the Premises. 16. PROTECTION OF PREMISES/NO WASTE. Lessee agrees to maintain the Premises in as good condition as the same is in at the time Lessee takes possession of the Premises, reasonable wear and tear excepted. At the expiration or other termination of this Lease in any manner Lessee shall surrender the Premises to Lessor in the condition above described. Damage to walls, doors, windows, ceiling tiles and other parts of the Premises shall be repaired and painted and carpets shall be repaired and cleaned by Lessee at Lessee's sole cost and expense and returned in good condition at the termination of this Lease. Upon the termination of this Lease, Lessee may remove any signs owned by Lessee from the Premises, promptly repairing any damage or injury done to the Premises by such removal and restoring the Premises to the condition above described. Lessee shall not commit any waste or damage to the Premises nor permit any waste or damage to be done thereto. 17. ASSIGNMENT OR SUBLEASING. Lessee shall not assign, mortgage, or encumber this Lease, nor sublease or permit the Premises or any part thereof to be used by others for any purpose, without the prior written consent of Lessor being first obtained in 5 - Lease Agreement each instance, which consent Lessor may withhold in its sole and absolute discretion; provided, however, that regardless of any such assignment or sublease, Lessee shall remain primarily liable for the payment of the rent herein reserved and for the performance of all the other terms of this Lease required to be performed by Lessee. 18. DESTRUCTION. If the building upon the Premises is destroyed by fire, the elements, riots, insurrections, explosions or any other cause, or is so damaged thereby that it becomes untenantable and cannot be rendered tenantable within one hundred twenty (120) days from the date of such damage, this Lease may be terminated by either Lessor or Lessee. If the insurance proceeds made available to Lessor are not adequate to complete the repairs to the Premises, this Lease may be terminated by Lessor. In the event the building is so damaged, Lessee shall not be required to pay the rent herein provided during the term the Premises are wholly unfit for occupancy; provided, however, that in the event that only a portion of the Premises be damaged or become untenantable, then the rent during the period that the Premises remains partially untenantable shall be reduced in the proportion that the untenantable portion of the Premises bears to the total thereof. If this Lease is not terminated as permitted herein, then Lessor shall make all reasonable efforts to repair the Premises within one hundred twenty (120) days or upon such extended period as both parties shall agree. 19. ENVIRONMENTAL. Lessee covenants to comply with all laws relating to Hazardous Materials (as defined below) with respect to the Premises. Lessee shall not use, handle, store or dispose of or permit the use, handling, storage or disposal of, any Hazardous Materials in, on, under or about the Premises. Lessee shall promptly take all actions, at Lessee's sole cost and expense, as are necessary to return the Premises to the condition existing prior to the introduction of any Hazardous Materials by Lessee or any person under Lessee's control or any sublessee of Lessee, provided Lessor's approval of such actions shall first be obtained. Lessee shall be solely responsible for and shall indemnify, protect, defend and hold Lessor harmless from and against any and all claims, judgments, suits, causes of action, damages, penalties, fines, liabilities, losses and expenses (including but not limited to investigation and clean up costs, attorney's fees and expenses, consultant's fees and court costs) which arise during or after the term of this Lease as a result of the breach of any of the obligations and covenants with respect to Hazardous Materials and/or any contamination of the Premises directly or indirectly arising from any activities on the Premises during the term of this Lease. For purposes of this Lease, the term "Hazardous Materials" means asbestos, any petroleum fuel or by-product, urea formaldehyde, and/or any hazardous or toxic substance, material or waste which is or becomes regulated by any local, state or federal governmental authority, including but not limited to any material or substance defined as a "hazardous waste", "hazardous substance", "hazardous material", "toxic pollutant", "pollutant" or "contaminant" under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. or the Hazardous Substance 6 - Lease Agreement Emergency Response Act, I.C. § 39-7101. The foregoing covenants and indemnities shall survive the expiration or earlier termination of this Lease. 20. CERTIFICATIONS. Prior to commencing use of the Premises, Lessee shall provide Lessor with a copy of all permits, certificates and governmental approvals required by any state, federal or local law or ordinances, evidencing Lessee's compliance with any law, ordinance, rule or regulation specifically pertaining to Lessee's use of the Premises as a daycare center. 21. DEFAULT. 21.1 Time and prompt performance of each and every term, covenant and condition of this Lease is material and of the essence of this Lease. Every term, covenant and condition is a material term, covenant and condition of this Lease. Performance means compliance that is full and to the letter of this Lease. Substantial compliance will not be sufficient. Performance by Lessee is a condition precedent to performance by Lessor. 21.2 The following or any of them constitute an event of default of the terms of this Lease: (A) Failure by Lessee to pay when due any installment of rent or any other sum herein specified to be paid by Lessee; (B) Failure by Lessee to perform any other provision of this Lease required of Lessee, if the failure to perform the same is not cured within thirty (30) days after written notice has been given to Lessee; (C) Abandonment of the Premises by Lessee without cause (for the purposes hereof the failure to occupy and operate the Premises for thirty (30) consecutive days shall be conclusively deemed an abandonment of the Premises by Lessee); (D) If Lessee shall file or have filed against Lessee in any court pursuant to any statute, either in the United States or of any other state, a petition in bankruptcy or insolvency, or for reorganizations, or for appointment of a receiver or trustee of all or a substantial portion of the property owned by Lessee, or if Lessee makes an assignment for the benefit of creditors, or an execution or attachment shall be issued against Lessee on all or a substantial portion of Lessee's property, whereby all or any portion of the Premises covered by this Lease or any improvements thereon shall be taken or occupied, or attempted to be taken or occupied by someone other than Lessee, except as 7 - Lease Agreement may herein be otherwise expressly permitted, and such adjudication, appointment, assignment, petition, execution or attachment shall not be set aside, vacated, discharged or bonded within thirty (30) days after the termination, issuance, or filing of the same; or (E) The taking by any person, except by Lessor or its agents or affiliates, of the leasehold created hereby or any part thereof upon execution, or other process of law or equity other than by assignment or sublease as permitted herein. 21.3 Upon the occurrence of any event of default, without further notice to Lessee, Lessor shall be entitled to effectuate such rights and remedies against Lessee as are available to Lessor under the terms of this Lease and the laws of the State of Idaho, including, without limitation, the following remedies: (A) Lessor shall have the immediate right, but not the obligation, to terminate this Lease, and all rights of Lessee hereunder by giving Lessee written notice of Lessor's election to terminate. No act by Lessor other than giving written notice to Lessee shall terminate this Lease. In the event of such termination, Lessee agrees to immediately surrender possession of the Premises. Should Lessor terminate this Lease, it may recover from Lessee all damages Lessor may incur by reason of Lessee's breach, including but not limited to the cost of recovering the Premises, reasonable attorney fees, the worth at the time of such termination of rent and other amounts then due and payable, and the worth at the time of such termination of the excess, if any, of rent and other amounts reserved in this Lease for the remainder of the stated term over the then reasonable rental value of the Premises and other amounts for the remainder of the stated term, all of which amounts shall be immediately due and payable from Lessee to Lessor. (B) Lessor shall have the right, without terminating this Lease, at its option, with or without process of law, to reenter and retake possession of the Premises, and all improvements thereon, and relet the whole or any part of the Premises for the account of Lessee, upon any terms or conditions determined by Lessor in its sole and absolute discretion, and/or collect rents from any sublessee. Lessee shall be liable immediately to Lessor for all costs Lessor incurs in reletting the Premises, including without limitation, brokers' commissions, expenses of remodeling the Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. In the event of such reletting, Lessor shall have the right to collect any rent which may become payable under any sublease and apply the same first to the payment of expenses incurred by Lessor in 8 - Lease Agreement dispossessing Lessee and in reletting the Premises, and, thereafter, to the payment of the rent herein required to be paid by Lessee, in fulfillment of Lessee's covenants hereunder; and Lessee shall be liable to Lessor for the rent herein required to be paid, less any amounts actually received by Lessor from a sublease, and after payment of expenses incurred, applied on account of the rent due hereunder. In the event of such election, Lessor shall not be deemed to have tenninated this Lease by taking possession of and reletting the Premises unless written notice of termination has been given by Lessor to Lessee. (C) Lessor shall also have the right, without process of law, to enter the Premises and remove all persons and property from the Premises without being deemed guilty of or liable in trespass. No such action by Lessor shall be considered or construed to be a forcible entry. No such reentry or taking possession of the Premises by Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given by Lessor to Lessee. (D) In addition to the other rights of Lessor herein provided, Lessor may, at any time and from time to time, without terminating this Lease, enforce all of its rights and remedies under this Lease or allowed by law or equity, including the right to recover all rent and other amounts as they become due. 21.4 The remedies provided in this Lease are cumulative in addition to any remedies now or later allowed by law or equity. The exercise of any remedy by Lessor shall not be exclusive of the right to effect any other remedy, allowed Lessor under the terms of this Lease, or now or later allowed by law or equity. 21.5 Any delay by Lessor in enforcing the terms of this Lease or any considerations or departures therefrom shall not operate to waive or be deemed to be a waiver of any right to require compliance that is full and to the letter of this Lease or to thereafter require performance by Lessee in strict accordance with the terms of this Lease. Any acceptance of rent or other payments by Lessor shall not operate to waiver or be deemed to be a waiver of any default existing at the time of such acceptance. 21.6 In the event that any remedy granted to Lessor under the terms of this Lease is held void or unenforceable, Lessor shall nevertheless have all of the other remedies provided in this Lease that are not contrary to law. 21.7 Lessee hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Lessee being evicted or 9 - Lcase Agreement dispossessed for any cause, or in the event of Lessor obtaining possession of the Premises by reason of the violation by Lessee of any of the covenants and conditions of this Lease or otherwise. 22. ENFORCEMENT. Should either party default in the performance of any covenants or agreements contained herein, such defaulting party shall pay to the other party all costs and expenses, including but not limited to, reasonable attorney fees, including such fees on appeal, which the prevailing party may incur in enforcing this Lease or in pursuing any remedy allowed by law for breach hereof. 23. LESSOR'S RIGHT TO CURE LESSEE'S DEFAULTS. If Lessee shall default in the performance of any covenant or condition in this Lease required to be performed by Lessee, Lessor may, after ten (10) days notice to Lessee, or without notice if in Lessor's opinion an emergency exists, perform such covenant or condition for the account and at the expense of Lessee, in which event Lessee shall reimburse Lessor for all sums paid to effect such cure, together with interest from the date of the expenditure at the rate of eighteen percent (18%) per annum and reasonable attorney fees. All amounts owed by Lessee to Lessor under this paragraph shall be additional rent. In order to collect such additional rent Lessor shall have all the remedies available under this Lease for a default in the payment of rent and the provisions of this paragraph shall survive the termination of this Lease. Nothing in this paragraph shall in any way require Lessor to perfonn or correct any such defaults on the part of Lessee. 24. NOTICES. Service of any notice permitted or required under the terms of this Lease shall be deemed given when sent by United States certified or registered mail with postage prepaid and return receipt requested, addressed to Lessee at 6665 Hillside Drive, Idaho Falls, Idaho, 83401, or addressed to Lessor at P.O. Box 487, Iona, Idaho, 83427, as the case may be, or such other address as either party shall hereafter in writing to the other designate, or when served personally or by overnight delivery to Lessee or Lessor at such addresses, as the case may be. In the event there be more than one person constituting Lessor or Lessee herein, service by mail or personal service as provided above upon any one (1) person in such party shall be good and sufficient service upon all persons constituting such party the same as though such service had been made upon each and every member of such party. In the event Lessee or Lessor elect to hire an attorney to prepare any notice of default required by the terms of this Lease, the other party shall pay, in addition to any sums required to be paid to cure said default, or in addition to any other performance required by such party to cure such default, the costs of preparation of said default notice, and said default shall not be cured unless and until said costs are paid. 24. ENTIRE AGREEMENT. This Lease contains the entire agreement between the parties, and may not be modified or changed orally, but only by an agreement in writing 10 - Lease Agreement and signed by the party against whom enforcement of any waiver, change, modification, or discharge is sought. 26. SEVERANCE AND VALIDITY. In the event any provision of this Lease or any part thereof shall be detennined by any court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions hereunder or parts thereof, shall remain in full force and effect, and shall in no way be affected, impaired or invalidated thereby, it being agreed that such remaining provisions shall be construed in a manner most closely approximating the intention of the parties with respect to the invalid, void or unenforceable provision or part thereof. 27. BINDING ON SUCCESSORS. Subject to any restrictions on assignment and subleasing contained in this Lease, it is further expressly agreed, that the provisions, stipulations, terms, covenants, conditions and undertakings in this Lease and any renewals thereof shall inure to the benefit of and bind the heirs, executors, administrators and assigns or successors in interest of both the Lessor and Lessee. 28. QUIET ENJOYMENT. Lessor covenants and warrants that if Lessee shall faithfully and fully discharge the obligations herein set forth, Lessee shall have and enjoy during the term of this Lease, a quiet and undisturbed possession of the Premises, together with all of its appurtenances. 29. LESSOR'S RIGHT OF ENTRY. Lessor or their agents shall have the right to enter the Premises at any reasonable time upon notice to Lessee (except that in case of an emergency Lessor may enter the Premises at any time and without notice to Lessee and the same shall not be deemed a forcible entry) to examine the same and determine the state of repair or alteration which shall or may be necessary for the safety or preservation of the Premises or to show the Premises to any prospective lender, buyer or tenant. 30. HOLDING OVER. If Lessee holds over and remains in possession of the Premises after the expiration or termination of this Lease for any reason, with Lessor's acquiescence and without any written agreement between the parties, Lessee shall be a tenant at will and the tenancy shall be subject to all provisions of this Lease, except that the term of such holdover shall be at Lessor's will and the rental amount during such holdover shall be one hundred fifty percent (150%) of the rental amount in effect immediately prior to the holdover. Lessor shall also be entitled to recover from Lessee all damages that Lessor shall suffer by reason of Lessee holding over and remaining in possession of the Premises after the expiration or termination of this Lease. Lessee shall indemnify, defend and hold harmless Lessor against all claims made by any succeeding tenant against Lessor resulting from delays caused by Lessee in delivering possession of the Premises to such succeeding tenant. Nothing in this paragraph shall be construed as a consent by Lessor to the possession of the Premises by Lessee after the expiration or termination of this Lease for any reason. 11 - Lease Agreement 31. LIENS. Lessee agrees not to permit any lien for monies owing by Lessee to become a lien against the Premises. In the event any lien is created against the Premises on the account of monies owing by Lessee, Lessee shall immediately notify Lessor and shall cause the release or discharge of such lien within thirty (30) days following discovery of the same by Lessee. Should any such lien be filed and not released or discharged or action not commenced to declare the same invalid within thirty (30) days after discovery of the same by Lessee, Lessor may at Lessor's option (but without any obligation so to do) pay and discharge such lien. Lessee shall repay any sum so paid by Lessor and such amounts due to Lessor shall be deemed additional rent. 32. TERMINATION FOR CONVENIENCE. Lessor reserves the right at any time upon delivery of not less than thirty (30) days advance written notice to Lessee, to terminate this Lease at Lessor's sole and absolute convenience, provided in such event Lessor shall pay all reasonable monetary damages directly suffered by Lessee as a result of such termination after Lessee's good faith and reasonable efforts to mitigate such damages. 33. LESSEE AS INDEPENDENT PARTY. Lessee's use of the Premises shall be as an independent party and nothing herein shall be deemed to create a partnership, joint venture, employment, or master -servant relationship between the parties. 34. 1DAHO LAW GOVERNS. This Lease shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. IN WITNESS WHEREOF, the parties have executed this Lease to be effective as of the date first written above. LESSOR: CITY OF IONA Brad Andersen Mayor LESSEE: DEBBIE WHITEHEAD, d/b/a GOOD FOUNDATIONS PRE-SCHOOL By: ` tUat- ebbie Whitehead 12 - Lease Agreement EXHIBIT A THE PREMISES (Floor Plan of Basement Showing Leased Room Cross -Hatched) G:\WPDATA\DWS\2708 City of Iona \AOR\2016\Preschool Lease Agreement.v3.wpd:sm 13 - Lease Agreement Attached is an address delivered at the City Council Meeting on August 16th, 2016 by Terry McNamara I am the husband of City Councilman Kathy McNamara. I have known Mayor Brad Anderson for most of his life. I supported him on the City Council and voted for him for mayor. Your current actions have made me question your integrity, honesty and your sense of what is legal in dealing with the citizens of Iona. CASE IN POINT: You thought you had the power to direct your deputies and employees to trespass on citizen's private property in order to control the use of our back yards. Citizens came to City Council Meetings at least two separate times during the past 5 years to resolve the issue of our rights to our own backyards. You don't seem to understand or care about our Constitutional Rights. It makes me think you are narcissistic or think you know better than the citizens of Iona on how we want to handle our own property. 2nd CASE IN POINT: You harass people who don't agree with your agenda. In one instance you had to be escorted off a private citizen's property by the Bonneville County Sheriff because you wouldn't leave when asked. More people would have signed the recall .position, but they were in your Ward and afraid of retaliation from you. MY FINAL AND MOST PERSONAL CASE IN POINT is the harassment of my wife three different times because she doesn't always agree with you. 1st TIME: You held, behind a closed door, without witnesses, a meeting with her condemning her for a rumor he had heard, that she had nothing to do with. A mayor should know that a forced meeting behind closed doors without witnesses with a member of the opposite sex leaves himself and the city vulnerable to lawsuits. 2nd TIME: You were upset when she questioned you about some city employee's actions and Julie (former city clerk) came to the meeting so she could witness what was said to protect Kathy. 3rd TIME: You sent an email telling Kathy that "we've had this talk 2 or 3 times and this will be the last time we'll have it" concerning city employees. He didn't want her questioning the employees because they would leave their city jobs and find work elsewhere. You said the employees had told you this. I believe this is a falsehood. IN CLOSING, I think that Brad as the mayor has gone out of his way to harass Kathy and keep her alkfrom doing her job if she doesn't happen io agree with his dictator type attitude. These are just a few r"Pof the complaints and issues that the citizens of Iona have with you. Time constraints won't allow me to go into further detail. We are questioning your honesty, integrity, and ethics concerning your handling of city affairs and for the good of the city think it is time for a change. Exhibit "E" 2016 CONSTITUTION WEEK PROCLAMATION WHEREAS: The Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and WHEREAS: September 17, 2016, marks the two hundred twenty-ninth anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; WHEREAS: It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it; and WHEREAS: Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW, THEREFORE I, ?fad ANIUSel by virtue of the authority vested in me as Mayor of the City of linte , do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties. IN WITNESS WHEREOF, I have hereunto set m hand and caused the Seal of the (State or City) to ffi be axed this 11148- day of se of the year of our Lord two thousand sixteen. Signedc _ SEAL Attest Exhibit "F"