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:
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Report Criteria:
Report type: Summary
M = Manual Check, V = Void Check
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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
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Business Name (DBA)
Clcu"� ,, SG ref
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Business Address
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5742 Fackcidr
Mailing Address
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Business Phone #
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Emergency Phone#6 3
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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"
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FOR RECALLING Brad D. Andersen who
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AGAINST RECALLING Brad D. Andersen
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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
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ClrrbylI E
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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"