08.06.2026 City Council Packet
AMMON CITY COUNCIL MEETING
August 06, 2026 - 6:00 pm
Ammon City Hall
2135 S Ammon Road, Ammon, ID 83406
PUBLIC COMMENT AGENDA
CALL TO ORDER:
- Mayor Brian Powell at 6:00 p.m.
- Pledge of Allegiance – Council Member Hamberlin
- Prayer – Council Member Wheeler
CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes: July 16 & 30, 2026 – Regular Meetings - Page 2
AMMON LIGHTING DISTRICTS
1. Public Hearing 2026-012LD - For FY 2027 Ammon Lighting Districts
Budget
PUBLIC HEARING
1. Public Hearing 2026-011- For FY 2027 City of Ammon Budget
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
ACTION ITEMS:
1. Consideration of Resolution 2026-017- Two Year Street Levy - (Micah
Austin, City Administrator) - Page 8
2. Consideration of DocuPet Pet Licensing Agreement - (Clarissa Jones,
Code Enforcement Director) - Page 12
3. Fox Trot Commons (Alpine Grove) Findings of Fact and Conclusions of
Law - (Cindy Donovan, City Planner) - Page 45
4. Consideration of Ordinance 666A-Fox Trot Commons (Alpine Grove) -
(Cindy Donovan, City Planner) - Page 55
5. Fox Trot Commons (Alpine Grove) Amended Conditional Rezone
Agreement - (Cindy Donovan, City Planner) Page 59
DISCUSSION ITEMS:
1. Miscellaneous
ADJOURN
The following guidelines for public
comment have been adopted:
1. Before an individual may be
heard, the Mayor, Council
President, or Commission Chair
must recognize them.
2. Individuals recognized for
comment shall provide their name
and address for the record.
Individuals must utilize the podium
at the front of the room and not
speak from their seat.
3. Individuals must direct comments
to the Commission or Council, not
other individuals within the room.
Individuals must limit comments to
three (3) minutes or less.
4. Individuals must avoid repetitious
comments or ideas that have
already been presented.
5. All comments shall be made
courteously, respectfully, and civilly.
Inflammatory, disrespectful,
degrading statements, heckling,
applause, or obscene or indecent
language will not be tolerated.
Individuals that violate these
guidelines may be asked to leave
the meeting.
UPCOMING
- August 13, 2026 Work Session
- August 20, 2026, City Council
- September 03, 2026, City Council
ACCESS TO MEETINGS
MEETINGS WILL BE AVAILABLE VIA
ZOOM:
AVAILABLE UPON REQUEST-
EMAIL THE CITY CLERK 24 HOURS
PRIOR TO THE MEETING AT
CLERK@CITYOFAMMON.US
INDIVIDUALS NEEDING ACCOMMODATION DUE TO DISABILITY MUST CONTACT CITY HALL
NO LATER THAN 1:00 P.M. THE DAY BEFORE THE SCHEDULED MEETING TO ARRANGE ASSISTANCE
Next Resolution Number: 2026-018; Next Ordinance Number: 749
Ammon City Council August 06, 2026 Page 1 of 69
AMMON CITY COUNCIL MINUTES
THURSDAY, JULY 16, 2026 – 6:00 P.M.
2135 SOUTH AMMON ROAD
AGENDA
CALL TO ORDER:
- Mayor Brian Powell at 6:00 p.m.
- Pledge of Allegiance – Council Member Fullmer
- Prayer – Council Member Boyle
CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes: July 02 and 09, 2026 – Regular Meetings
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
ACTION ITEMS:
1. Consideration of Emergency Messaging Agreement with VertexOne Software LLC - (Micah
Austin, City Administrator)
2. Consideration of Resolution 2026-014, Payment of Fiber LID 6 Interim Warrant - (Micah Austin,
City Administrator)
3. Consideration of Ordinance 748, Dissolving Fiber Local Improvement District No. 6 (LID 6) -
(Micah Austin, City Administrator)
a. Summary Ordinance 748
b. Bill of Sale for Assets Owned by LID 6
c. Final Warrant and Payoff of LID 6 and Authorize Mayor Powell and Jennifer Belfield,
Finance Director to Sign
4. Consideration of Resolution 2026-015, Fee Resolution - (Micah Austin, City Administrator)
DISCUSSION ITEMS:
1. Ammon Days
2. Miscellaneous
ADJOURN
MINUTES
Ammon City Council Regular Meeting 07.16.2026 Page 1 of 4
Ammon City Council August 06, 2026 Page 2 of 69
City Officials Present:
Mayor Brian Powell
Council President Scott Wessel
Councilmember Nolan Wheeler
Councilmember Kris Oswald
Councilmember Jeff Fullmer
Councilmember Heidi Boyle
Councilmember Sid Hamberlin
City Attorney Scott Hall
City Administrator Micah Austin
City Planner Cindy Donovan
City Engineer Morgan Stewart
Assistant Planner Heather McBride
Water/Wastewater Division Director Nathan
Riblett
Finance Director Jennifer Belfield
Fiber Director Bryan Bankhead
City Officials Absent:
CALL TO ORDER:
Mayor Brian Powell called the meeting to order at 6:00 p.m. Council Member Fullmer led the pledge of
allegiance and Council Member Boyle gave a prayer.
CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes: July 02 and 09, 2026 – Regular Meetings
It was moved by Council Member Boyle and seconded by Council Member Oswald to approve the
Consent Agenda.
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
PUBLIC COMMENT:
Sally Ellis, 2195 Midway Ave, provided the City Council with a handout regarding a noise complaint at the
McCowin Park pickleball courts. Ellis shared an additional noise complaint of cars. Ellis provided potential
solutions like a heavy loaded vinyl fence, building a new noise park, speed bumps on Midway and
Southwick, more parking for events, soft pickleball courts, or close the pickleball courts. Mayor Powell
will share the information with Ammon staff and staff will reach out to coordinate solutions.
Patrick Mannion, 5903 Fenwood Lane, asked that the Council put in a formal request to the State
Legislature to ban the sale of illegal fireworks. Mannion asked about an incident at McCowin Park. Mayor
Powell explained that staff is looking into increased safety efforts in McCowin Park.
ACTION ITEMS:
1. Consideration of Emergency Messaging Agreement with VertexOne Software LLC - (Micah
Austin, City Administrator)
City Administrator Austin explained the agreement would allow emergency messaging to bypass
the opt out feature for emergency situations. Next steps will be to draft a resolution and put a
notice in the newsletter.
It was moved by Council Member Oswald and seconded by Council Member Boyle to approve the
Emergency Messaging Agreement with VertexOne Software LLC and authorize the Mayor to sign the
agreement.
Ammon City Council Regular Meeting 07.16.2026 Page 2 of 4
Ammon City Council August 06, 2026 Page 3 of 69
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
2. Consideration of Resolution 2026-014, Payment of Fiber LID 6 Interim Warrant - (Micah Austin,
City Administrator)
The next three action items are related to the dissolution of LID 6. LID Legal Counsel Brandon
Helgeson, Finance Director Jennifer Belfield, and Fiber Director Bryan Bankhead were present to
answer questions.
Finance Director Belfield shared information on the LID payments of each LID. Inflation and the
current market interest rates have made it challenging to keep the price down.
It was moved by Council Member Fullmer and seconded by Council Member Hamberlin to approve
Resolution No. 2026-014R, which directs the City Treasurer to utilize available municipal funds in the
amount of $3,569,721.03 to fully pay and satisfy the Fiber LID No. 6 interim warrant, and further
authorize Mayor Powell and Finance Director Jennifer Belfield to execute the Warrant Payoff
Certificate and Cross-Receipt, and the Bill of Sale and Assignment.
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
3. Consideration of Ordinance 748, Dissolving Fiber Local Improvement District No. 6 (LID 6) -
(Micah Austin, City Administrator)
a. Summary Ordinance 748
b. Bill of Sale for Assets Owned by LID 6
c. Final Warrant and Payoff of LID 6 and Authorize Mayor Powell and Jennifer Belfield,
Finance Director to Sign
It was moved by Council Member Fullmer and seconded by Council Member Boyle to dispense with
the rule requiring the reading of the ordinance on three different days and that the three readings be
waived.
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
It was moved by Council Member Fullmer and seconded by Council Member Boyle to move the
adoption of ordinance No. 748 and summary as an ordinance of the City of Ammon on its third and
final reading.
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
4. Consideration of Resolution 2026-015, Fee Resolution - (Micah Austin, City Administrator)
It was moved by Council Member Boyle and seconded by Council Member Oswald to approve
Resolution No. 2026-015, amending the citywide fee schedule to incorporate the $4,400 assessment
fee and the $55 monthly NextFiber operating fee, with an effective date of October 1, 2026, for the
transitioned zones.
Ammon City Council Regular Meeting 07.16.2026 Page 3 of 4
Ammon City Council August 06, 2026 Page 4 of 69
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
DISCUSSION ITEMS:
1. Ammon Days
Staff provided the schedule of events for Ammon Days. Events start Thursday, July 30 through
Sunday, August 2.
2. Miscellaneous
Council Member Boyle - asked to discuss new Public Works buildings and how they will be
funded. Finance Director Belfield explained there are reserves in Public Works funds to put
towards new buildings. The buildings are in preliminary stages and staff is evaluating if it is
viable.
Sergeant Jon Molbert - explained issues they are seeing in McCowin Park and how they are
working to address it. McCowin is a safe park, and the Sheriff's Department is working hard to
keep it safe.
Council Member Oswald - asked that the Street Levy sign at Foothill Road be moved towards
Quail Ridge where Ammon residents will see it.
Council Member Wheeler - provided an update from the Fire District Board meeting.
Water and Wastewater Division Director Nathan Riblett - the letter of interest for the State
Revolving Funds for wastewater facility studies was ranked number 16 on a list of 20. Only the
top 6 applications will be funded. Flows in the canals have been good so far except the Brick
Estates subdivision. Staff is in contact with the HOA.
Council President Wessel made a motion to adjourn the meeting
ADJOURN at 7:45 pm
______________________________
Brian Powell, Mayor
______________________________
Joanna Dahm, City Clerk
Ammon City Council Regular Meeting 07.16.2026 Page 4 of 4
Ammon City Council August 06, 2026 Page 5 of 69
AMMON CITY COUNCIL MINUTES
THURSDAY, JULY 30, 2026 – 6:00 P.M.
2135 SOUTH AMMON ROAD
Special City Council Meeting Agenda
CALL TO ORDER:
- Mayor Brian Powell at 6:00 p.m.
- Pledge of Allegiance – Council Member Hamberlin
- Prayer – Council Member Fullmer
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
ACTION ITEMS:
1. Consideration of Resolution 2026-016 Regarding Delinquent LID Payments to Bonneville
County - (Jennifer Belfield, Finance Director)
DISCUSSION ITEMS:
1. Miscellaneous
ADJOURN
MINUTES
City Officials Present:
Mayor Brian Powell
Councilmember Nolan Wheeler
Councilmember Kris Oswald
Council President Scott Wessel
Councilmember Jeff Fullmer
Councilmember Heidi Boyle
City Attorney Scott Hall
City Administrator Micah Austin (via Zoom)
City Clerk Joanna Dahm
Finance Director Jennifer Belfield
City Officials Absent:
Councilmember Sid Hamberlin
CALL TO ORDER:
- Mayor Brian Powell at 6:03 p.m.
- Pledge of Allegiance – Council President Wessel (Filed in for Council Member Hamberlin)
- Prayer – Council Member Fullmer
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit): None
ACTION ITEMS:
1. Consideration of Resolution 2026-016 Regarding Delinquent LID Payments to Bonneville
Ammon City Council Regular Meeting 07.30.2026 Page 1 of 2
Ammon City Council August 06, 2026 Page 6 of 69
County - (Jennifer Belfield, Finance Director)
It was moved by Council President Wessel and seconded by Council Member Wheeler to approve
Resolution 2026-016 Regarding Delinquent LID Payments to Bonneville County
Wheeler, yes; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, absent. Motion passes
unanimously with vote by roll call.
DISCUSSION ITEMS:
1. Miscellaneous
City Administrator Micah Austin requests direction from the Council for language on the
temporary Two Year Street Levy tax amount to be requested. He asks if they are good with
keeping it at $1,250,000? Mayor Powell stated he feels that will how the money comes in we
haven’t proven to the citizens yet what the previous levy money was spent on and doesn’t feel it
would be a good idea to ask for an increase. Jennifer Belfield stated the state contribution money
we will receive is decreasing, because of that the street fund really needs the support. Consensus
from the City Council is that we stay with the $1,250,000 levy amount.
City Administrator Austin stated he has received additional complaints about the pickleball
courts. The neighbors would like to close pickleball courts at 10pm at McCowin Park. Mayor
Powell doesn’t have a problem with turning the lights off at 10pm. Council President Wessel
thinks we turn the lights off at 10pm when school starts. Council Member Fullmer stated he feels
if we wait and coordinate it with when school starts we can give proper notice to those that play,
including posting signs at the courts and getting word out through social media. School starts
August 31st, gives everyone a 1 month notice. Mayor Powell asked for signage to be posted,
Council President Wessel asked for it to be on the Marquee board in front of City Hall. The
consensus is to change the hours beginning September 1, 2026, and keep them at 10pm unless
otherwise requested from the public.
Council Member Fullmer stated he would like a 10 point Q&A from the sheriff’s department for
the Flock cameras, this way it would be easier to answer questions received from the public when
approached.
Mayor Powell addressed the City Council and stated they were free to be at Ammon days as
much or little as you want. He would appreciate it if they would stop by vendor booths to
introduce themselves and thank the vendors for their participation.
Council President Wessel made a motion to adjourn the meeting
ADJOURN at 6:42 pm
______________________________
Brian Powell, Mayor
______________________________
Joanna Dahm, City Clerk
Ammon City Council Regular Meeting 07.30.2026 Page 2 of 2
Ammon City Council August 06, 2026 Page 7 of 69
Date: August 6, 2026
To: Mayor Powell and City Council
Presenting: Micah Austin, City Administrator
Subject: Staff Report Regarding Adoption of Ballot Language for Street Levy Election
RESOLUTION 2026-017 - ADOPTION OF BALLOT LANGUAGE FOR STREET LEVY
ELECTION FOR THE NOVEMBER GENERAL ELECTION
Staff Recommendation
- Adopt Resolution 2026-017.
Summary of Analysis
1. Idaho Code §63-802(3) authorizes a city to establish a temporary levy for a specific purpose if
approved by a majority of the taxing district’s electors at an election called for that purpose.
2. In 2024, the residents of the City of Ammon approved a temporary, 2-year Street Levy in the
amount $1,250,000 per year. In 2026, The City of Ammon received the first year of tax revenues
from this levy. In 2027, the City of Ammon will receive the second and final year of the 2024
voter approved tax levy.
3. Resolution 2026-017 renews the 2024 street levy for another two years. If approved by the
voters, the property taxes from the 2026 levy will be received in 2027 and 2028.
4. The delay between the approval of the tax levy and the receipt of property taxes is due to the
time required for process and collection of property taxes. Bonneville County handles all
collection and distribution of property taxes, including for the temporary street levy.
5. The management of streets is one of the most urgent issues facing the City of Ammon. The City
Council of the City of Ammon have discussed the maintenance and construction needs for
streets and thoroughfares within the municipal boundaries of the City of Ammon on numerous
occasions. Based on those discussions, the City Council has determined that a temporary levy
established for the purpose of maintaining existing streets, reconstruction of existing streets,
and making general improvements to the streets and thoroughfares within the City of Ammon is
necessary to adequately serve the health, safety and welfare of the citizens of Ammon.
6. Based on studies, workshops, and discussion with city staff regarding the maintenance and
operational needs of the street system, the City Council has determined that a temporary levy in
the amount of $1,250,000 per year is necessary to maintain, improve, and reconstruct streets.
7. Resolution 2026-017 directs city staff to prepare all necessary steps to place the question of
establishing a temporary levy in the amount of $1,250,000 on the November 3, 2026 election.
8. If adopted, the ballot measure will move forward for the November 3, 2026 election.
Financial Impact
- The temporary levy is proposed for $1,250,000. If approved by the qualified electors, this
amount would be dedicated to the maintenance, operations, and construction of the streets and
street systems within the City of Ammon.
Motion
“I move to approve Resolution 2026-017.”
Attachments:
1. Resolution 2026-017.
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council August 06, 2026 Page 8 of 69
RESOLUTION NO. 2026-017
A RESOLUTION OF THE CITY OF AMMON, IDAHO,
ORDERING AN ELECTION TO BE HELD FOR CITY
REGISTERED ELECTORS IN BONNEVILLE COUNTY TO
DETERMINE WHETHER THE LEVY UPON TAXABLE
PROPERTY SHALL BE INCREASED BY THE SUM OF
$1,250,000 EACH OF THE TAX YEARS 2027 AND 2028;
PROVIDING THAT THE INCREASE BE USED FOR THE
CONSTRUCTION, REPAIR, & MAINTENANCE OF CITY
STREETS; ESTABLISHING A DATE, TIME, AND PLACE OF
THE ELECTION; PROVIDING A FORM OF BALLOT;
APPROVING A FORM OF NOTICE OF ELECTION; AND
PROVIDING FOR RELATED MATTERS.
WHEREAS the City of Ammon Public Works Department and the construction, repair,
and maintenance of City streets is funded out of the revenues of the City of Ammon; and
WHEREAS the City has shown the need for an additional One Million Two Hundred
Fifty Thousand Dollars ($1,250,000) per year in its budget to provide for the continued
construction, repair, maintenance, and costs of supplies, equipment, materials, and personnel
related thereto; and
WHEREAS the current annual levy is the annual maximum allowed by law without
seeking voter approval; and
WHEREAS the temporary levy, if approved by the voters, will increase the property tax
obligation approximately $49.34 per $100,000 of assessed value; and
WHEREAS a temporary levy will be required to produce One Million Two Hundred
Fifty Thousand Dollars ($1,250,000) per year for each of the tax years 2027 and 2028 for the
continued construction, repair, maintenance, and costs of supplies, equipment, materials, and
personnel related thereto; and
WHEREAS Idaho Code § 63-802(3) authorizes a two-year override levy if approved by a
majority of the taxing district’s electors voting on the question at an election called for that
purpose;
NOW, THEREFORE, be it resolved by the City Council and Mayor of the City of
Ammon:
Section 1: An election is hereby called to be held within the City of Ammon on November 3,
2026 for the purpose of submitting to the qualified electors of the City of Ammon the question
set forth in the form of ballot appearing in Section 2 hereof.
Ammon City Council August 06, 2026 Page 9 of 69
Section 2: The ballot proposition for the said election shall be in substantially the following
form:
CITY OF AMMON
Bonneville County, Idaho
ELECTION November 3, 2026
SHALL THE LEVY UPON THE TAXABLE PROPERTY WITHIN THE CITY OF
AMMON BE INCREASED TO PRODUCE THE SUM OF ONE MILLION TWO
HUNDRED FIFTY THOUSAND DOLLARS ($1,250,000) IN EXCESS OF THAT
OTHERWISE ALLOWED BY LAW, FOR EACH OF THE TAX YEARS 2027 AND 2028,
APPROXIMATELY A TAX OF $49.34 PER $100,000 OF TAXABLE ASSESSED VALUE,
PER YEAR, BASED ON CURRENT CONDITIONS, TO PROVIDE ADDITIONAL
FUNDING FOR THE CITY OF AMMON STREET FUND AND THE CONTINUED
CONSTRUCTION, REPAIR, AND MAINTENANCE OF CITY OF AMMON STREETS
AND COSTS OF EQUIPMENT, MATERIALS, AND PERSONNEL RELATED
THERETO AS PROVIDED IN RESOLUTION NO. 2026-017 OF THE AMMON CITY
COUNCIL ADOPTED ON THE 6 DAY OF AUGUST 2026?
OFFICIAL BRIEF STATEMENT:
The purpose for which the levy shall be used is the continued construction, repair, and
maintenance of City of Ammon streets and costs of equipment, materials, and personnel related
thereto. The date of the election is November 3, 2026. The dollar amount estimated to be
collected each year from the levy is $1,250,000 for each of the tax years 2027 and 2028. The
length of time in which the proposed levy will be assessed is two years. The estimated average
annual cost to the taxpayer of the proposed levy, is $49.34 per $100,000 of taxable assessed
value, per year, based on current conditions.
INSTRUCTIONS: Vote on the foregoing proposition by filling in the box to the right of your
choice.
IN FAVOR OF increasing the levy by One Million Two Hundred Fifty Thousand and no/100
Dollars ($1,250,000.00) for each of the tax years 2027 and 2028 .………………….....……....☐
AGAINST increasing the levy by One Million Two Hundred Fifty Thousand and no/100 Dollars
($1,250,000.00) for each of the tax years 2027 and 2028 ………..………………….....……....☐
Ammon City Council August 06, 2026 Page 10 of 69
Section 3: If, at said election, the majority of the voters required under Idaho Code §
63-802(3) vote to approve, the levy on the taxable property within the City of Ammon will
increase by the amount necessary to produce additional tax revenues in the sum of $1,250,000 in
excess of that otherwise allowed by law, for each of the tax years 2027 and 2028.
Passed by the City Council and approved by the Mayor this 6th day of August, 2026.
__________________________________________
Brian Powell, Mayor
ATTEST:
__________________________________
Joanna Dahm, City Clerk
Ammon City Council August 06, 2026 Page 11 of 69
Date: August 6, 2026
To: Mayor Powell and City Council
Presenting: Clarissa Jones Animal & Code Enforcement Director
Subject: Staff Report regarding DocuPet Pet Licensing Services Agreement
DocuPet Pet Licensing Services Agreement
Staff Recommendation
- Approve the DocuPet Pet Licensing Services Agreement
Summary of Analysis
1. Transitioning to DocuPet moves animal licensing to a web-based, mobile-friendly system.
Residents can easily submit registrations, upload rabies vaccination and sterilization records, and
manage pet profiles online 24/7.
2. Every pet registration includes access to DocuPet’s 24/7 HomeSafe lost pet service and National
Pet Registry at no additional cost to residents. This helps reunite lost pets with owners without
requiring shelter impoundment.
3. DocuPet handles physical tag fulfillment, customer care, and automated email/mail license
renewal communications that will significantly reduce administrative overhead for city staff
4. Supports online credit/debit payments, in-person cash/check payments, mail-in check processing
within two business days, and integrated donation collection for Snake River Animal Shelter.
Financial Impact
- One time set up fee of $3,495 USD OR $4,995.00/one time for an additional jurisdiction
(Bonneville County) at time at launch, with the implementation fee to be divided between
Ammon and Bonneville County. (This cost is reduced and will require an update to our license
ordinance to include a 365-day renewal cycle instead of current calendar year). This fee covers
custom site creation, data import, and tag graphics. There is a monthly maintenance fee of
$79.99 and $1.75 per physical mailing (email notifications incur no per-unit fee).
- Online registration and automated renewal reminders are projected to increase overall licensing
compliance and revenue, offsetting operational costs while streamlining administrative staff
hours.
Motion
“I move to approve the DocuPet Pet Licensing Services Agreement and authorize the Mayor to
sign the agreement.”
Attachments:
1. DocuPet Pet Licensing Services Agreement
2. DocuPet Scope of Work & Service Info Sheet
3. DocuPet Product Overview & Presentation Slide Deck
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council August 06, 2026 Page 12 of 69
DocuPet Corp. | 15 Technology Pl., Suite 1, Syracuse, NY, 13057 1
Introduction
DocuPet’s technology and service-based solution is built for pet owners and licensing
administrators alike. Our key features include:
● For Pet Owners
○ No-cost 24/7 lost pet service (HomeSafe)
○ Built-in donation support for local animal shelters
○ Fun & functional license tags
○ User-friendly online portal
○ Multi-channel renewal reminder communications
● For Administrators
○ Comprehensive administrative web portal
○ Fully outsourced communications and tags fulfillment
○ Proactive financial and performance management reporting
○ Automatic & opt-in donation collection
○ Multilingual customer care available on extended hours and multiple channels
○ Support for marketing and community awareness
DocuPet is purpose built to not just minimize the administrative headaches associated with pet
licensing programs for our partners, but to reverse stagnant and/or declining sales trends and
support license sales growth in our partner communities. Through the provision of a modern
online experience, unique perks for pet owners, expansion of public awareness and direct
communication efforts, DocuPet fully anticipates being able to grow license sales for our
partners in just our first year of partnership.
Scope of Work
License Processing, Pet Tags & Communications
● DocuPet’s solution will provide a clear and user-friendly online licensing portal for
residents to upload documents and utilize for pet licensing services from both a computer
and mobile device.
● Via DocuPet’s Public Licensing Portal built for our partners, pet owners have access to
secure online profiles in which they can upload and manage documents including, but not
limited to, their pet’s licensing, vaccination and sterilization records, their contact
information and other associated information such as photos, pet medical notes, and care
instructions.
Ammon City Council August 06, 2026 Page 13 of 69
DocuPet Corp. | 15 Technology Pl., Suite 1, Syracuse, NY, 13057 2
● DocuPet’s solution allows for secure online purchases of new and renewal pet licenses
using all major credit and debit cards via both the public and administrative portals.
Payments are processed via Stripe. Pet owners may also pay cash/check over the counter
in person at designated locations, or mail check payment directly to DocuPet for
processing.
● DocuPet’s administrative portal includes a web-enabled pet license database that can
hold license registrations and numbers, vaccination and sterilization records, addresses of
locations where the pets are housed, and pet license sales for look up, reporting and
managing via authorized administrators.
● DocuPet’s system is able to process approximately 5,000 animal license renewals on a set
period (more if necessary) annually and/or based on rabies vaccination expiration date.
● DocuPet’s public web portal will provide pet owners the option to complete their
license details online or via a downloadable form for submitting check payment through
the mail for processing by DocuPet within two (2) business days or in person.
● DocuPet can receive rabies vaccination records (RVRs) from our partner for the purpose
of uploading into the system. DocuPet partners may review and approve their records
before providing them to DocuPet or DocuPet can be authorized to review and approve
documents on behalf of our partners for an additional monthly service fee.
● DocuPet will provide all license tags for the solution.
○ DocuPet provides two size options for pet tags: Large (size of a quarter) and Small
(size of a nickel). The standard tag is aluminum, but pet owners can optionally
upgrade their tag to a zinc-alloy with over 200 creative designs to choose from.
The back of all tags feature the licensing information including a unique identifier
for the pet that can be looked up in our public Lost Pet Service or by any
administrator for the purpose of sourcing their licensing record.
● All DocuPet provided tags can be personalized to include a pet’s name and pet owners
personal phone number. Additionally, the tags include DocuPet’s customer care number
for the purpose of accessing our 24/7 Lost Pet Service, HomeSafe.
● DocuPet will source and procure all pet license tags.
● DocuPet will inventory all pet license tags in the Solution.
● DocuPet will deliver, by mail, all pet license tags within five (5) business days of the date
of completion of the pet registration. DocuPet will also provide the pet owner with the
option to expedite shipping to within three (3) days.
● DocuPet will send license renewal reminders via email and/or regular mail and may also
communicate by an automated phone call to licensees 45 days prior to and 45 days after
the expiration date of their current license.
● Within 30 days of DocuPet receiving Rabies Vaccination Records from the pet owner or
our partner, DocuPet will send Notice-to-License letters via mail to the pet owners.
Ammon City Council August 06, 2026 Page 14 of 69
DocuPet Corp. | 15 Technology Pl., Suite 1, Syracuse, NY, 13057 3
Customer Service
● DocuPet will provide sales and licensing-related customer service by phone, email and
online chat.
● DocuPet customer service hours are from Monday through Saturday between the hours
of 8:00 AM to 9:00 PM (Eastern Standard Time).
● DocuPet’s customer service is available in English and Spanish over the phone.
● DocuPet provides support materials through both the public and administrative web
portals such as a repository of how-to content, videos and FAQs for pet owners and
administrators.
Reporting and Analytics
● DocuPet’s administrative web portal will include tools to search, edit, manage, and delete
licensee records as necessary.
● Partner administrators will be able to use this administrative web portal to review and
approve digitally submitted proof documents from licensees.
● DocuPet’s administrative web portal will be accessible by all designated partner
administrators for the purposes of data entry, pet license sales, reporting, and record
searching.
● DocuPet’s administrative web portal includes reporting tools by default that allow for the
recording of license sales by sales channel, by type, by date, by jurisdiction and by pet
owner.
● Additionally, DocuPet’s administrative web portal allows for designated party
administrators to view real-time reports that include license sales details and
performance, financial details and performance and renewal details and performance on
demand.
● DocuPet’s administrative web portal allows for the mapping of registered pets in a visual
format to provide insight on the geographic distribution.
○ Zones can be created around any area of the partner licensing program. These
zones are overlays over a Google Maps interface with plotted points for all
addresses in the DocuPet system within the partner.
● DocuPet will provide a monthly report of all voids and refunds issued and handled by
DocuPet.
● DocuPet will conduct post-launch and annual review meetings with partner staff to
discuss system performance and potential improvements.
● DocuPet’s system allows for data export in common formats (CSV, Excel, PDF).
● DocuPet’s Licensing Performance Team is available ad-hoc, but typically reports back to
partners one or two times per year. This reporting is typically a presentation made
available directly to the partner and discussed directly via a meeting. DocuPet uses this
analysis of program performance to make available additional marketing materials,
campaigns, and strategies to support the increased awareness of licensing specifically in
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DocuPet Corp. | 15 Technology Pl., Suite 1, Syracuse, NY, 13057 4
the partner’s jurisdictions. There is no cost to utilize our Licensing Performance Team’s
resources.
Financial Matters: Animal Licensing Revenue and Remittance
● Collection of Licensing Fees
○ DocuPet will collect all applicable animal licensing fees on behalf of our partner
when payment is made online through the website or sent directly to DocuPet via
mailed in application.
● Remittance of Collected Revenues
○ DocuPet will remit a report, no later than the 15th of the month, detailing all
licensing fees collected for the partner for the previous month.
○ Once approved and signed, DocuPet will remit the funds to the partner via EFT
○ All payments will be accompanied by a detailed statement of the licenses issued,
amounts collected, and any fees retained by DocuPet.
● Reporting Requirements
○ With each remittance, DocuPet will provide a report including:
■ Total fees collected
■ Number of Voids/Refunds
■ Total Amount of Voids/Refunds
■ Fees retained
■ Net amount remitted
○ Partners are able to utilize their own digital remittance report to review the
following further breakdown of the monthly invoice including:
■ Number of licenses issued
■ Type of licensed (e.g., spayed/neutered, unaltered)
● Audit Rights
○ The partner may reserve the right to audit DocuPet’s records related to animal
license activities upon (reasonable) notice to ensure compliance with the terms of
the Agreement. Any underpayment identified during such an audit can be
remitted within thirty (30) days of notice, with interest at ten percent (10%) per
annum.
Online Portal, Technical Requirements & Support
● DocuPet provides an Online Licensing Portal.
● DocuPet will ensure the online platform maintains 99.9% uptime, with scheduled
maintenance windows communicated in advance.
● DocuPet’s solution is cloud based, browser agnostic, and compatible with current
versions of Apple Safari, Google Chrome, Microsoft Edge, and Mozilla Firefox, and utilizes
a responsive web design approach to facilitate use on a multitude of devices, including
tablets and smartphones (“mobile-friendly”).
Ammon City Council August 06, 2026 Page 16 of 69
DocuPet Corp. | 15 Technology Pl., Suite 1, Syracuse, NY, 13057 5
● DocuPet’s solution is ADA compliant for digital interfaces.
● DocuPet’s solution will always be payment card industry (PCI) compliant and adhere to
local minimum standards for digital accessibility.
● All data in transit and at rest is fully encrypted in DocuPet to ensure the highest privacy
compliance.
● DocuPet’s administration portal will allow authorized partner administrators to complete
pet licensing registration and payment in person at the facility. Further, the data available
will allow partner staff to report on the program internally, query data, map records,
validate documents, access helpdesk resources and more, on an on-demand basis.
● The DocuPet solution does include an API, but we do not anticipate any use cases
wherein access to it would be provided to the partner without significant additional cost.
DocuPet’s Data Operations Team is available to assist with any bulk data upload needs.
Database Management
● DocuPet will maintain a secure, cloud-based database of all licensed animals.
● DocuPet will ensure data encryption at rest and in transit using industry-standard
protocols
● DocuPet will provide hourly backups with a minimum 30-day retention period.
● The DocuPet solution allows for easy search and retrieval of animal records based on
various parameters by partner staff (e.g., owner name, address, animal name, tag
number).
● DocuPet will provide support for licensees who lose their pets and for residents that find
pets via our 24/7 no-cost lost pet service, HomeSafe. DocuPet’s HomeSafe provides a
24/7 platform where residents can report a lost and a found pet online or 24/7 customer
support via the phone.
○ HomeSafe provides reports of found pets immediately and automatically to the
associated licensee via email and phone call where email is unavailable.
○ HomeSafe includes the ability for residents who wish to receive notification of
lost pets in their area so that they may assist in the search efforts. Lost pet
notifications are also noted on the public web portal for licensing.
Implementation and Training
● DocuPet will develop a project implementation plan with clear milestones and timelines.
● DocuPet will provide comprehensive training for partner staff on system use and
administration.
● DocuPet will provide ongoing technical support and system updates throughout the
contract period.
● DocuPet will conduct a project kickoff meeting to introduce project team members,
provide a high-level overview of the Solution, and define deliverables and acceptance
process.
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DocuPet Corp. | 15 Technology Pl., Suite 1, Syracuse, NY, 13057 6
● DocuPet’s designated project manager will lead and coordinate all data gathering efforts
in coordination with the partner to collect any information required to configure the
Solution. Typically, the priority items are the current and historical licensing records from
the partner database along with marketing items like logos and program details and
administrative access approvals.
Data and Ownership
● All licensing data collected through the licensing system will remain the property of the
partner.
● Upon contract termination, DocuPet will provide all data to the partner in a commonly
accessible format (e.g., CSV, SQL dump) at no additional cost.
● DocuPet will deploy our professional Data Operations Team that will monitor the
licensing database such that it is free of records that are duplicated, incomplete, out-of-
jurisdiction or otherwise inaccurate. DocuPet’s technology includes automated detection
and cleaning tools as well as manual data cleaning services. Records that are suspected to
be duplicates or out of jurisdiction can be shared with the partner for a joint review and
processing.
Contract Term
● The partner may pursue any desired term length with DocuPet that they choose.
Compliance and Security
● DocuPet will maintain compliance with all applicable local, state, and federal laws
regarding data privacy and animal licensing.
● DocuPet conducts annual third-party security audits.
● DocuPet will maintain appropriate insurance coverage, including cyber liability insurance
with a minimum coverage required by the partner.
DocuPet Mission & Goals
DocuPet, a social enterprise, has partnered with local shelters and communities to increase pet
license sales, decrease workload, and build programs that reduce shelter stays.
By providing pet owners with better pet tags, a free lost pet service, and lots of information
about pet care in their community, we ensure that registering a pet is not only valuable to local
animal welfare but also supports creating a positive social impact.
Mission
DocuPet's mission is to leverage the most powerful pet registration platform to help provide a
safe and happy home to every pet in North America. Making pet registration easy and providing
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DocuPet Corp. | 15 Technology Pl., Suite 1, Syracuse, NY, 13057 7
a valuable pet reunification toolset are the underpinnings to reducing the likelihood of pets
ending up in a shelter - leaving space for those animals that truly need to be there, and
increasing animal welfare funding too!
Goals
DocuPet has three key goals they will strive to achieve for all municipalities they partner with:
● Ensure all dogs are registered and wearing a tag so they can be quickly returned home
and less likely to enter shelters
● Create efficiencies for all stakeholders
○ Drive pet owners to license online via our streamlined platform
○ Reduce administrative burdens, and out of pocket costs, for our partners
● To make licensing valuable
○ Value to pet owners with fun and functional pet tags
○ Ensure it is easy to understand with timely and valuable communications
DocuPet Solution Benefits
Benefits for Pet Owners:
● All-in-one registration dashboard for pet owners
○ An easy-to-use online system so pet owners can register and license their pet
from the comfort of their home(s)
○ Making it fun by adding photos, behavior and medical details
● Access to our free 24/7 HomeSafe service to ensure pets return home safely with
community involvement
● Pet owners get just the right size and style of tag they desire (that will also operate as
their official license tag)
○ With the option to personalize the back of tags with pet owners' details!
● Additional options to license via mail or phone for those pet owners that do not wish to
use the online platform
Benefits for our Partners and Partner Administrators:
● Increasing licensing revenue
● Saving substantial time and money
● Providing a positive and easy licensing experience for your community
● DocuPet takes on majority of the administrative burdens involved in licensing so staff can
focus on other important matters to help animals in need
● An easy-to-use platform to quickly look up pets and pet owners and sell licenses
○ Including real time reporting
● DocuPet manages our free 24/7 HomeSafe service to ensure pets get home safely so
they don’t end up in a shelter (freeing up space for those pets that need to be there).
Ammon City Council August 06, 2026 Page 19 of 69
Pet Licensing Services Agreement
This Pet Licensing Services Agreement (this “Agreement”), is entered into this _____ day of _____,
2025 (the “Effective Date”) by and between DocuPet Corp., a Delaware corporation with offices at
15 Technology Place Suite 1, East Syracuse, NY 13057 (“DocuPet”), and the City of Ammon, a
municipal corporation whose primary place of business is 2135 S Ammon Road, Ammon, Idaho
83406, United States (the “Organization”).
Background
DocuPet has developed and operates a program for providing pet licensing services.
The Organization wishes to engage DocuPet to perform certain pet licensing services for the
Organization and its residents.
FOR GOOD AND VALUABLE CONSIDERATION (the receipt and sufficiency of which is hereby
acknowledged by both parties), the Organization hereby engages DocuPet to perform, and
DocuPet agrees to perform, those certain services described in Schedule A to this Agreement
subject to and in accordance with the terms and conditions contained in Schedule B to this
Agreement.
Schedules A, B, and C are attached and incorporated into this Agreement by reference and form a
part of this Agreement. The documents comprising this Agreement and their order of precedence
in case of conflict are:
(1) this covering Agreement,
(2) Schedule A – DocuPet Service Deliverables
(3) Schedule B – DocuPet General Terms and Conditions
(4) Schedule C – Pet License Fees
The foregoing documents together constitute the entire and final Agreement of the parties with
respect to the subject matter of this Agreement.
DOCUPET CORP.
By:________________________________
Name: Grant Goodwin
Title: Chief Executive Officer
CITY OF AMMON, ID
By:________________________________
Name:
Title:
By:________________________________
Name:
Title:
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CONTACT INFORMATION FOR THE ORGANIZATION
Contact Name and Title:
Address:
Phone:
Email:
Fax:
CONTACT INFORMATION FOR DOCUPET
Contact Name and Title: Grant Goodwin, Chief Executive Officer
Address: 15 Technology Place
East Syracuse, NY 13057
Phone: 1-855-249-1370
Email: grant.goodwin@docupet.com
Fax: 613-547-5529
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SCHEDULE A
to Pet Licensing Services Agreement
SERVICE DELIVERABLES
1. DEFINITIONS
a. Unless otherwise defined in this Schedule A, capitalized terms used in this Schedule A shall
have the meaning given to those terms in Schedules B and C to this Agreement.
2. SERVICES
a. During the Term, DocuPet will provide to the Organization the pet registration services
described in this Schedule A (collectively, the “Services”) subject to and in accordance with
the terms set out in this Agreement. DocuPet may also provide additional Optional
Services (as defined in Schedule B below) to Pet Owners which are not part of this
Agreement but which may be offered through the Website (as defined below) or through
any other medium or in any other manner.
b. Website
i. Organization-branded Pet Owner Portal
1. Applications for Pet Registrations
a. Pet Owners shall have the option of applying for Pet Registrations
electronically through the DocuPet Website.
b. Pet Owners may apply for pet registration through the DocuPet
Website by providing the following information and/or such other
information as DocuPet and the Organization may agree
(“Registration Information”):
i. Name
ii. Email
iii. Address
iv. Telephone – day and evening
v. Name of pet
vi. Species (Dog or Cat)
vii. Breed and description (sex, color, age, etc.)
viii. Spayed or neutered
ix. Microchipped
x. Rabies date
xi. Vaccination and alternative contact information
xii. Pet Date of Birth
2. Payment of Pet License Fee
a. At the time of Registration made via the Website, each Pet Owner
shall pay a Pet License Fee for each Pet based on the rates set out in
Schedule C (the “Pet License Fee”). The Pet License Fee for each
Pet Registration shall be paid through the Website by credit card,
debit card or other payment method (as determined by DocuPet at
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its discretion). Pet Owners may be charged an Online Processing
Fee for purchases made via the Website.
ii. Administrative Portal
1. Pet Registrations
a. The Organization may allow their employees, volunteers and
contractors/designates to accurately input Pet Registration
Information into the application on the Website. DocuPet shall
have no responsibility for verifying the accuracy or completeness of
any Registration Information or for any errors therein.
2. Data Upload and Download
a. DocuPet agrees to provide for the uploading of Pet Registration
Information that is provided to DocuPet in its standardized format.
b. DocuPet agrees to provide for the downloading of Pet Registration
Information. Downloaded Pet Registration Information will be
provided in DocuPet’s standardized format.
3. Reporting
a. DocuPet agrees to provide its standard reporting tools to the
Organization including those providing record and financial
information related to Pet Registrations.
b. Specialized or customized reports may be subject to additional fees.
4. Community Canvassing
a. DocuPet will provide its Community Canvassing module allowing
for Organization users to map zones and log visit inputs in the
Software.
iii. Data Storage
1. All Registration Information that is inputted through the Website will be
stored within the Software so that the Registration Information may be
accessed by the Organization, DocuPet Personnel and other persons
authorized by the Pet Owner.
iv. Website Support
1. DocuPet agrees to provide to the Organization ongoing support and
maintenance of the Website, including updates and access to future
versions of the Website. Support and maintenance for the Website
includes: ongoing problem identification, resolution services, and
correction of programming errors.
2. Should the Organization request customizations to DocuPet’s Website
functionality, additional fees may apply. The Organization will be notified in
advance if such fees are to be incurred and work will not begin until a total
sum for the customization(s) has been agreed upon. DocuPet reserves the
right to refuse Website functionality customization requests.
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c. Account Support
i. DocuPet will be responsible for:
1. Overseeing and managing DocuPet’s obligations under this Agreement;
2. Conducting the necessary tasks to implement the Services outlined in this
Agreement; and
3. Answering the Organization’s queries and cooperating with the
Organization to address issues relating to the Services deemed urgent by
the Organization.
ii. Training
1. DocuPet agrees to provide the Organization with training regarding the
usage of the Website via Video Conference-based sessions prior to the
launch of the Services.
2. Training videos and online help content will be provided via the
Administrative Portal.
d. Customer Service
i. DocuPet will provide all technical and other customer support for Pet Owners with
respect to the Website and the Services, with support being provided during
normal business operation hours of 9:00AM to 8:00PM EST Monday to Friday,
holidays excepted.
e. Ordinance Awareness
i. DocuPet may design marketing collateral including a brochure, two postcards, a
poster, and up to two additional pieces at the time of the launch of the Services. The
Organization will be responsible for producing these materials and may, for an
additional fee, request that DocuPet produce these materials.
ii. DocuPet may develop and promote a media release to local media outlets at the
time of the launch of the Services.
iii. Additional marketing collateral designs or productions may be requested by the
Organization. A pricing rate card for all materials can be provided to the
Organization at any time. Additional fees for this work will apply.
iv. DocuPet may endeavor to promote awareness of the Organization’s ordinances
and regulations relating to pet registration and responsible pet ownership in
various ways.
f. Pet Tags
i. DocuPet agrees to provide Pet Tags for each Pet Registration where a Pet Tag is
required.
g. Pet Tag Mailings
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i. Unless delivered physically by the Organization at the time of purchase, DocuPet
shall send applicants confirmation of their Pet Registration number, a Pet Tag if
required, and other information or documents related to the Services, the
Organization and DocuPet
h. License Compliance Notifications
i. Emailed License Compliance Notifications
1. At the direction of the Organization, DocuPet shall prepare and deliver
License Compliance Notifications (“Licence Compliance Notifications”via
e-mail.
ii. Mailed License Compliance Notifications
1. At the direction of the Organization, DocuPet shall prepare and deliver
License Compliance Notifications via regular mail.
iii. Standard Templates
1. DocuPet will provide the Organization with its standard License
Compliance Notification template and timing cadence.
i. Data Handling
i. DocuPet personnel shall add or edit Registration Information via the Website. This
information may be added via any of the following methods:
1. Mailed-in Application Form Processing;
2. Formatting pet data provided by third parties;
3. Returned Mail Processing for letters returned to DocuPet offices;
4. Hand-keying information when a Pet Owner has contacted DocuPet’s
Customer Service team.
j. Donation Collection
i. DocuPet will collect contributions on behalf of the Organization, or the
Organization’s designated local animal shelter, at the time of license payment.
k. National Pet Registry and National Animal Shelter Network
i. DocuPet has established a National Animal Shelter Network (“NASN”) designed to
provide participating shelters with limited access to pet and owner information
contained within the DocuPet’s National Pet Registry (“Registry”) for the sole
purpose of facilitating lost pet reunification. The Registry allows pet owners to, at
their option, create and manage individualized pet profiles, receive pet tags, and
utilize lost pet recovery services.
ii. For pets not licensed within the Organization's jurisdiction, DocuPet will provide
the Organization with access to read-only Pet Registration Information that the
pet owner has provided and Owner Registration Information if the pet owner has
provided informed consent to be disclosed to the NASN in the event of their pet
being lost/missing.
iii. If the owner has not consented to the release of their information, the
Organization may contact DocuPet’s HomeSafe Team (24 hours/7 days a week) to
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facilitate contact with the owner or submit a form (Found Pet Report) on DocuPet’s
website that can be directed to the pet owner by DocuPet.
DOCUPET PLATFORM STANDARDS
a. Connectivity
i. The Organization acknowledges and agrees that access to the Website and the
Software require Internet connectivity and use of a latest-version web browser
and that DocuPet is not responsible for the inability of the Organization, Pet
Owners or potential Pet Owners to access the Website or the Software as a result
of failures of any of their applicable internet access provider or use of outdated or
non-current versions of software.
b. Backup and Disaster Recovery
i. DocuPet shall provide such back-up, disaster recovery and storage capabilities as
typically provided in its industry so as to provide reasonable availability of the
Services during an event that would otherwise affect the delivery of the Services.
c. PCI Compliance
i. DocuPet shall comply with payment card industry (PCI) security standards.
DocuPet shall utilize a payment processing company (Stripe, or a competitor(s) of
Stripe) for processing payments received through the Website.
d. Data Protection
i. DocuPet shall ensure that the platform and all services are in compliance with
applicable Laws relating to data protection. For clarity, this includes personal
information gathering, use and disclosure whether in the form of Registration
Information or Organization Data. DocuPet shall maintain a log-in account and
password that permits access to Pet Owner's accounts and Registration
Information for the purposes of providing the services as outlined in this
agreement. DocuPet will promptly notify the Organization upon its becoming
aware that any of its passwords have been stolen, leaked or otherwise
compromised. The Organization will promptly notify DocuPet upon its becoming
aware that any of its passwords have been stolen, leaked or otherwise
compromised.
e. Location
i. The servers hosting the Licensed Software shall be under United States legal
jurisdiction and that the data in their possession shall be collected, managed and
stored in accordance with any applicable privacy Laws.
f. Backup
i. DocuPet will ensure there are offsite backups performed each day. DocuPet will, as
a minimum on a monthly basis, ensure the backups are sufficient and can
restore/regenerate the system in the event of a server failure. On request, the
Organization will be allowed to review architecture and ability to meet
performance obligations.
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g. Service Level
i. The Website is engineered to be available 24 hours a day, 7 days a week, 52 weeks
a year. The Website shall meet industry standard accessibility service levels and
shall operate on all major modern browser platforms. Due to various factors, users
may experience system unavailability (unscheduled downtime). In the event that
unscheduled downtime exceeds 4 hours a month, during normal business operation
hours (9:00AM to 5:00PM EST Monday to Friday, holidays excepted), or
unscheduled downtime exceeds 8 hours outside normal business hours (9:00AM to
5:00PM EST Monday to Friday, holidays included), DocuPet will provide the
Organization with a remediation plan. Three consecutive months of greater than 4
hours of downtime, during normal business operation hours (9:00AM to 5:00PM
EST Monday to Friday, holidays excepted), or 8 hours outside of normal business
hours, will be grounds for immediate contract termination. Unscheduled downtime
instances will be reported to the Organization on demand and quarterly.
h. Control of Website
i. The Website and all content on the Website shall at all times be under the control
and at the discretion of DocuPet.
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SCHEDULE B
to Pet Licensing Services Agreement
DOCUPET GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
a. Defined Terms as used in this Agreement:
“Confidential Information” means all confidential Information (including
confidential, proprietary, trade secret, scientific, technical or business know-how or
Information of a Party) which is disclosed by or at the direction of one Party to the
other Party in connection with this Agreement.
“DocuPet Owned Work” means any and all materials, information, inventions,
methods, procedures, technology, know-how, data and other Intellectual Property
Rights owned or developed by DocuPet whether prior to, during or after the Term,
including the Website, the Software and all information and data relating to the
Optional Services.
“DocuPet Personnel” means partners, employees and independent contractors of
DocuPet and its approved subcontractors assigned to perform the Services
pursuant to this Agreement.
“Including” and its derivatives (such as “include” and “includes”) mean including
without limitation. This term is as defined, whether or not capitalized in this
Agreement.
“Intellectual Property Rights” means, on a worldwide basis, any and all:
● Rights associated with works of authorship, including copyrights, moral
rights and mask-works;
● Marks;
● Trade secret rights;
● Patents, designs, algorithms and other industrial property rights;
● Other intellectual and industrial property rights of every kind and nature,
however designated, whether arising by operation of law, contract, or
otherwise; and
● Registrations, initial applications, renewals, extensions, continuations,
divisions or reissues thereof now or hereafter in force (including any rights
in any of the foregoing).
“Law” means:
● Any statute, regulation, by-law, ordinance or subordinate legislation in
force from time to time to which a Party is subject, including but not limited
to data protection and privacy laws;
● The common law and the laws of equity as applicable to the Parties from
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time to time;
● Any binding order, judgement, decree, direction, policy, or rule including
from a governmental authority; or
● Any applicable industry code, policy or standard enforceable by law.
“License Compliance Notifications” shall mean any communication sent to a Pet
Owner with information regarding the requirement to purchase a Pet Registration
for a particular Pet.
“Losses” shall mean all losses, liabilities, damages and claims, and all related costs
and expenses (including reasonable legal fees and disbursements and costs of
investigation, litigation, settlement, judgment, interest and penalties).
“Marks” means all trademarks, service marks, trade names, trade dress, symbols,
logos, designs, and other source identifiers.
“Material” means all systems, software, technology, documentation, reports, notes,
tools, methods, methodologies, processes, procedures, workflows, inventions,
forms, data, data formats, data compilations, program names, designs, drawings,
videos and other material created, furnished or made available in connection with
this Agreement
“Organization Engagement Officer” has the meaning given to that term in Section
3(a).
“Organization Data” means any and all information provided by Organization to
DocuPet pursuant to or in connection with this Agreement, directly or indirectly,
and whether in printed, electronic, magnetic, optical or other form, but, for
certainty, excludes any DocuPet Owned Work and Registration Information.
“Optional Services” means additional products and services that are provided by
DocuPet to registered Pet Owners directly and not through this Agreement.
“Parties” means DocuPet and the Organization and “Party” means any one of them.
“Pet” means a dog or cat or any other animal that can be registered in accordance
with the Organization's by-laws, ordinances or regulations.
“Pet License Fee” means the Pet License Fee described in Schedule C.
“Pet Owner” means the person applying for the Pet Registration for an applicable
Pet.
“Pet Registration” means the registration issued or renewed according to the
Organization's by-laws, ordinances or regulations to a Pet Owner for a particular
period.
“Pet Tag” means a metal identification tag to be worn by a Pet that is marked with
required information related to a Pet Registration.
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“Postage” means costs incurred by DocuPet in packaging and delivering material to
Pet Owners in connection with the Services including labor.
“National Animal Shelter Network” means the group of shelters who have agreed
to participate in DocuPet’s network and have access to pet and owner information
within the National Pet Registry for the sole purpose of pet reunification.
“National Pet Registry” means DocuPet’s centralized database of Pet Information
and Owner Information that may be accessed, with conditions, for the sole
purpose of lost pet reunification.
“Services” has the meaning given to that term in Schedule A.
“Software” means the software application provided through the Website, which
among other things, stores the Registration Information and provides authorized
access thereto through the Internet.
“Standard Fees” has the meaning given to that term in Schedule C.
“Term” has the meaning given to that term in Section 5.
“Website” means the Internet website “www.DocuPet.com” and associated web
pages.
b. Other Terms.
i. Other terms used in this Agreement are defined where those are used and
have the meanings there indicated.
ii. Those terms, acronyms and phrases utilized in the IT services industry or
other pertinent business context shall be interpreted in accordance with
their generally understood meaning in such industry or business context.
2. DOCUPET SERVICES
a. Provision of Services. During the Term, DocuPet will perform the Services in a
competent, careful and professional manner in accordance with the terms and
conditions of this Agreement and shall ensure that all of its employees,
representatives and subcontractors delivering Services act in a professional and
businesslike manner appropriate for the provision of a public service.
b. Use of Subcontractors
i. DocuPet shall not be entitled to delegate or subcontract any of its
obligations under this Agreement without the Organization's prior written
approval which shall not be unreasonably withheld. Notwithstanding
DocuPet’s use of subcontractors, the Organization’s sole point of contact
regarding the Services shall remain DocuPet.
c. Facilities and Assets
i. Except as otherwise specified, or as otherwise mutually agreed, all of the
Services shall be provided from DocuPet facilities. DocuPet shall be
responsible for providing all office space and associated utilities, office
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furniture and supplies, and workstation equipment and software, as
required to perform such Services. In the event that DocuPet is required to
visit an Organization's facility, the Organization shall provide a safe
workspace that has computer access and internet connectivity and access
to such Organization personnel as DocuPet reasonably requires to
accomplish the work to be performed at the Organization’s facilities.
d. DocuPet Methodologies, Tools and Training
i. DocuPet hereby reserves to itself all rights to use such languages, tools,
methodologies and practices as it determines in its sole discretion to make,
have made, use, copy, display, operate, maintain, develop, support, modify,
enhance and prepare derivative works relating to the DocuPet Owned
Work and any other existing or future systems, software or technology
owned, or operated by or on behalf of DocuPet. For certainty, DocuPet may
add features, upgrades and content to the Website, Software or other
DocuPet Owned Work, consistent with the terms and intent of this
Agreement and without the consent of the Organization.
3. ORGANIZATION RESPONSIBILITIES
a. Organization Engagement Officer
i. The Organization will assign an officer who will serve as the Organization’s
primary point of contact with DocuPet for all matters pertaining to the
launch of the Services (the “Organization Engagement Officer”). The
Organization Engagement Officer will be responsible and authorized to
make decisions as required.
ii. The Organization Engagement Officer will be responsible for ensuring that
all Organization staff or authorized contractors are fully trained regarding
the use of the DocuPet Website after the launch of the Services.
iii. The Organization Engagement Officer will be responsible for ensuring that
all Organization staff or authorized contractors attend all scheduled
meetings and provide all necessary information and materials to ensure the
Services can be launched on schedule.
b. DocuPet Policies
i. The Organization agrees to abide by all reasonable use, security and other
policies in respect of the Services, including policies that apply to the access
of the Website and the Software as established and amended by DocuPet
from time to time. The Organization shall also train and require its
employees, contractors and volunteers to abide by such policies and
oversee compliance.
c. Data Provision
i. The Organization shall provide no less than three years’ of Pet Registration
data at least six weeks prior to the launch of the Services in a formatted
manner acceptable to DocuPet.
ii. The Organization shall also provide complete GIS address data, including
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latitude and longitude information, for the geographic region that it serves.
This data must be provided at least six weeks prior to the launch of the
Services.
iii. The Organization will be required to review data once added to the
Software prior to the launch of the Services for accuracy and completeness
prior to the launch of the Services.
iv. The Organization shall provide any Pet Registration data created or altered
in the weeks leading up to the launch of the Services in a formatted manner
acceptable to DocuPet that is exclusive to these records only within 10 days
after the launch of the Services.
v. Any Pet Registration data provided by the Organization at any time that is
determined to be inaccurate by DocuPet must be rectified by the
Organization at its own cost within 10 days of notice by DocuPet.
4. FINANCIAL MATTERS
a. Pet Registration Fees and Standard Fees
i. DocuPet shall be entitled to receive from the Organization the standard
fees set out in Table 1.2 in Schedule C (the “Standard Fees”).
b. Collection and Allocation of Fees
i. Fees under this Agreement shall be collected as follows:
1. The Organization and other Organization contractors may collect
Pet License Fees through “offline” transactions; and
2. DocuPet may collect the Pet License Fees through the Website.
ii. Pet License Fees shall be allocated between the Parties as follows:
1. DocuPet shall pay the Organization all Fees collected through the
Website, less all Standard Fees payable to DocuPet, which will be
paid to the Organization by DocuPet coinciding with the issuing of
the monthly invoice contemplated by Section 4(d).
2. The Organization shall pay DocuPet any Standard Fees associated
with the Organization’s or any Organization contractor’s sale of Pet
Registrations.
iii. Except as contemplated in this Section 4(b), the Organization shall not be
entitled to any payments of any kind from DocuPet.
c. Invoicing and Payment of Fees
i. Within 15 days of the end of each calendar month, DocuPet shall render in
arrears a single invoice for the aggregate amount of the Standard Fees (and
all applicable taxes on the foregoing) deducted from the Pet License Fees
collected by DocuPet through the Website during the month just ended.
Each such invoice shall include:
1. All Pet License Fees collected by DocuPet for the month;
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2. The aggregate number of Pet Registrations applied for through the
Website for the month;
3. The aggregate amount of the Standard Fees (and taxes), retained by
DocuPet for the month; and
4. The aggregate amount paid to the Organization as a result of the
sale of Pet Registrations on the Website during the applicable
month.
ii. Within 10 days of receipt of the invoice set out in 4(c), the Organization
shall review the invoice and reply, via email, that the invoice is accurate and
valid. In the event that the invoice requires revision the Organization will
communicate this, via email, to DocuPet. If DocuPet is in agreement with
the suggested revisions a revised invoice will be issued for review and
approval by the Organization
iii. Statements for Standard Fees and all applicable taxes shall be paid at the
time of issuance of the invoice provided for in Section 4(c) out of the Pet
License Fees collected by DocuPet. In the event that the revenues collected
by DocuPet through the Website are insufficient to cover the amounts
payable to DocuPet by the Organization in any given month, the
outstanding amount set out in the invoice shall be payable no later than 30
days following the date of the applicable invoice.
d. Accountability
i. DocuPet shall maintain complete and accurate records of the Services
provided and supporting documentation for the amounts billed to and
payments made by the Organization in connection with this Agreement.
DocuPet agrees to provide the Organization with documentation and other
information with respect to each invoice as may be reasonably requested
by the Organization to verify accuracy and compliance with the provisions
of this Agreement.
ii. All records relating to the provision of the Services pursuant to this
Agreement shall be retained for a minimum of 24 months or in accordance
with legislative requirements, whichever is longer. These records shall be
made available to the Organization upon reasonable request.
5. TERM
a. The term of this Agreement will commence on the Effective Date and, unless
terminated earlier in accordance with this Agreement, shall continue for an initial
period of Two (2) years (the "Term"). Thereafter, the Term will automatically renew
for successive one (1) year periods (each a “Renewal Period”), but not to exceed five
(5) years in the aggregate, subject to the Organization’s and DocuPet’s right to
terminate at the end of the initial Term or any Renewal Period by providing the
other party with not less than 90 days prior written notice.
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6. INTELLECTUAL PROPERTY
a. Organization IP
i. Nothing herein transfers to DocuPet any right, title, or interest of
Organization in or to any Organization Data or Confidential Information.
DocuPet agrees that as between DocuPet and Organization, all right, title
and interest in Organization Data and other Confidential Information of
Organization including Intellectual Property Rights therein will remain with
the Organization.
b. DocuPet IP
i. As between DocuPet and Organization, DocuPet or its licensors own and
reserve all right, title and interest in and to the DocuPet Owned Work,
DocuPet Marks, the Services and all hardware, Software and other items
used to provide the Services, other than such rights to use those as may be
explicitly granted to Organization in this Agreement. No title to or
ownership of any DocuPet Owned Work or proprietary rights related to
the Services is transferred to Organization pursuant to this Agreement or
any transaction contemplated by this Agreement. All rights not explicitly
granted to the Organization are reserved by DocuPet.
c. Use of Marks
i. During the Term, DocuPet shall be entitled to include the Organization’s
name and logo on (a) the Website; and (b) DocuPet’s promotional materials;
provided that DocuPet shall comply with all reasonable written usage
policies communicated by the Organization to DocuPet from time to time,
including the use of proper notices and legends.
7. CONFIDENTIALITY
a. Duties of Confidentiality
i. Each Party agrees to maintain the confidentiality of the other Party’s
Confidential Information and to use such Confidential Information only as
expressly authorized under this Agreement. For the purposes of this
Section 7(a), the Party providing Confidential Information shall be referred
to as the “Disclosing Party” and the Party receiving Confidential
Information shall be referred to as the “Recipient”.
ii. Without limiting the generality of the foregoing and subject to the
provisions of applicable Laws, the Recipient shall, both during the Term and
at any time thereafter, (a) not disclose any of the Disclosing Party’s
Confidential Information to any person other than for the express purposes
set out in this Agreement, without the Disclosing Party’s prior written
consent, (b) not disclose the Disclosing Party’s Confidential Information to
any person other than its affiliates and its and their consultants,
professional advisors, independent contractors, outsourcers and other
service providers for the purpose of providing them, or any of them,
services or who have a need to know, (c) not reproduce all or any part of the
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Disclosing Party’s Confidential Information or make any derivative work
based upon or derived from the Disclosing Party’s Confidential Information
without the prior written consent of the Disclosing Party, (d) comply with all
of the Disclosing Party’s policies, standards, requirements and
specifications that are provided to the Recipient in writing in relation to the
use and storage of Confidential Information disclosed to the Recipient; (e)
not remove, alter, cover or obfuscate any proprietary notice, including any
Intellectual Property Right legend on any of the Disclosing Party’s
Confidential information.
b. Excluded Information
i. The obligations of confidentiality of the Recipient in Section 7(a) shall not
extend to information that the Recipient can establish by written evidence,
(a) is or becomes publicly known through no wrongful act of the Recipient;
(b) is properly made available to the Recipient without confidential or
proprietary restriction from a source other than the Disclosing Party; (c)
the Recipient can show was rightfully in its possession without obligation of
confidentiality; (d) the Information was approved by the Disclosing Party
for disclosure in a written document signed by a senior officer of the
Disclosing Party; (e) is required to be disclosed by Law, provided that
Recipient will take all available reasonable means not to disclose any
Confidential Information of the Disclosing Party without its consent or
prior disclosure to the Disclosing Party, unless precluded by Law from doing
so, and will only disclose the minimum amount of Confidential Information
compelled by law; or (f) is independently developed.
c. Privacy
i. In addition to DocuPet’s confidentiality obligations under Section 7(a),
DocuPet will collect, use, store, disclose and dispose of and otherwise
handle personal information collected or accessible to DocuPet in
accordance with all applicable privacy Laws and ensure that personal
information is not handled other than as permitted hereunder or as
otherwise agreed to by the Parties in writing.
ii. Notwithstanding the foregoing, DocuPet shall be entitled to disclose or use
Registration Information to the extent that the individual who provided the
Registration Information has consented to such use and disclosure in
accordance with all applicable Laws.
d. Acknowledgement
i. The Recipient acknowledges and agrees that any violation of the provisions
of this Section 7 may cause irreparable damage or injury to the Disclosing
Party, the exact amount of which may be impossible to ascertain, and that,
for such reason, the Disclosing Party shall be entitled to obtain interim,
interlocutory, and final injunctive relief restraining Recipient from
breaching, and requiring Recipient to comply with, its obligations under this
Section 7. Recipient hereby acknowledges the importance to Disclosing
Party of the strict compliance with the provisions of this Section 7 and
acknowledges that the Disclosing Party’s interest in the strict enforcement
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thereof will outweigh the balance of convenience or harm which Recipient
may suffer as a result of the strict enforcement of this section.
e. Reporting
i. Each Party will promptly report to the other Party any actual or suspected
violation of the terms of this Section 7 and will take all reasonable further
steps requested by the other Party to prevent, control or remedy any such
violation.
8. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY
a. Warranties
i. DocuPet represents and warrants that:
1. it is competent to perform the Services;
2. it has the necessary qualifications, including knowledge, skill and
experience to perform the Services, together with the ability to use
those qualifications effectively for that purpose;
3. the Software used in connection with the performance of the
Services, does not infringe any Intellectual Property Right of any
third-party, or contain confidential or proprietary material
misappropriated by DocuPet from any third-party. The foregoing
warranty will not apply to the extent infringement is caused by (a)
modifications of the Software or the Website by a party other than
DocuPet or its subcontractors, agents or representatives, (b) the
combination of the Software with software or other items or
products not provided or recommended by DocuPet, or (c) designs,
specifications or instructions provided by or at the direction of the
Organization (as opposed to the manner in which such designs,
specifications or instructions are implemented by DocuPet).
ii. The Organization represents and warrants to DocuPet that this Agreement
is binding and enforceable in accordance with its terms under the Laws of
the jurisdiction in which the Organization is located.
b. Warranty Disclaimer
i. OTHER THAN AS PROVIDED IN THIS AGREEMENT, THERE ARE NO
EXPRESS WARRANTIES AND THERE ARE NO IMPLIED WARRANTIES,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
c. Limitation of Liability
i. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY PUNITIVE,
EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES OF THE OTHER PARTY ARISING UNDER OR IN
CONNECTION WITH THIS AGREEMENT, WHETHER BASED UPON
CONTRACT, TORT, BREACH OF WARRANTY OR ANY OTHER LEGAL OR
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EQUITABLE GROUNDS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
ii. DOCUPET TOTAL LIABILITY TO THE ORGANIZATION IN CONNECTION
WITH THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT, SHALL
BE LIMITED TO THE TOTAL FEES PAID TO DOCUPET UNDER THIS
AGREEMENT. THE LIMITATIONS SET FORTH IN THIS SECTION 8(c)
SHALL NOT APPLY WITH RESPECT TO: (A) DAMAGES OCCASIONED BY
THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY, (B)
DAMAGES OCCASIONED BY THE IMPROPER OR WRONGFUL
TERMINATION OF THIS AGREEMENT; or (C) DAMAGES OCCASIONED
BY A PARTY’S BREACH OF SECTION 6 OR SECTION 7.
9. TERMINATION
a. Either party may terminate this agreement at any time with ninety (90) days
written notification to the other party.
b. Should either party be in breach of its covenants or undertakings under this
Agreement, which remains un-rectified for a period of 30 days following written
notification of such breach (or if such breach cannot be remedied within 30 days,
the party in breach has not diligently commenced steps to remedy the breach
within 30 days), the party not in breach may, at its option and without prejudice to
any other rights or remedies it might have, immediately terminate this Agreement.
c. Organization Data and Registration Information, including all copies thereof, shall
be returned to the Organization within thirty (30) days following the termination of
this Agreement. The Organization Data will be made available to the Organization
for download in a commonly accessible file format such as comma separated value
format (.csv). DocuPet shall also eliminate all Organization Data and Registration
Information otherwise retained in the system maintained for the Organization
under this Agreement in a manner satisfactory to the Organization.
10. FORCE MAJEURE
a. Neither Party shall be liable for any default or delay in the performance of its
obligations under this Agreement:
i. if and to the extent such default or delay is caused by fire, flood, earthquake,
elements of nature or acts of God, riots, terrorism, civil disorders, rebellions
or revolutions in any country, or any other cause beyond the reasonable
control of such Party; and
ii. provided the non-performing Party is without fault in causing such default
or delay, and such default or delay could not have been prevented by
reasonable precautions and cannot be circumvented by the non-performing
Party through the use of commercially reasonable alternate sources,
work-around plans or other means.
b. The affected Party will promptly notify the other Party of the circumstances
causing its delay or failure to perform and of its plans and efforts to implement a
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work-around solution. For as long as such circumstances prevail, the Party whose
performance is delayed or hindered will continue to use all commercially
reasonable efforts to recommence performance without delay.
11. INSURANCE AND INDEMNITIES
a. Insurance
i. DocuPet shall at its own expense obtain and maintain during the Term the
following insurance:
1. Commercial general liability insurance on an occurrence basis for an
amount of not less than Two Million Dollars ($2,000,000) with
respect to DocuPet’s operations, acts and omissions relating to its
obligations under this Agreement.
2. Automobile liability insurance for an amount not less than Two
Million Dollars ($2,000,000) covering all vehicles hired or leased by
DocuPet and used in any manner in connection with the
performance of the Services.
ii. The Organization shall be named as an additional insured in the commercial
general liability policy. A copy of the certificate of insurance will be
provided to the Organization.
iii. DocuPet shall be entirely responsible for the cost of any deductible that is
maintained in any insurance policy.
iv. DocuPet shall not commence work under this Agreement until such time as
it has obtained insurance in accordance with Section 11(a)(i). Upon the
request of the Organization, DocuPet shall provide the Organization with
evidence of the policies DocuPet is required to maintain under 11(a)(i).
v. If DocuPet fails to maintain insurance as required by this Agreement, the
Organization shall have the right to provide and maintain such insurance
and give evidence to DocuPet. DocuPet shall pay the cost thereof to the
Organization on demand.
b. Indemnity By DocuPet
i. DocuPet will indemnify, defend and hold harmless the Organization its
officers, directors, employees, agents, representatives, successors, and
assigns, from any and all Losses arising from any of the following:
1. Any third-party claim resulting from the wrongful or negligent acts
or omissions of DocuPet, its representatives, contractors or agents;
and
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2. Any breach of any representation, warranty or covenant of DocuPet
set out in this Agreement; and
3. To the degree to which any losses or allegations relate to actions or
omissions of DocuPet which are proven in a court having
jurisdiction over such matters.
c. Indemnity By the Organization
i. The Organization will indemnify, defend and hold harmless DocuPet, its
officers, directors, employees, agents, representatives, successors, and
assigns, from any and all Losses arising from any of the following:
1. Any third-party claim resulting from the wrongful or negligent acts
or omissions of the Organization, its representatives, contractors
or agents; and
2. Any breach of any representation, warranty or covenant of the
Organization set out in this Agreement; and
3. To the degree to which any losses or allegations relate to actions or
omissions of the Organization which are proven in a court having
jurisdiction over such matters.
12. DISPUTE RESOLUTION
a. Any dispute between the Parties arising out of or relating to this Agreement,
including with respect to the interpretation of any provision of this Agreement and
with respect to the performance by DocuPet or the Organization, shall be resolved
as provided in this Section 12. Prior to the initiation of formal dispute resolution
procedures, the Parties shall first attempt to resolve their dispute informally, as
follows:
i. Upon the written request of a Party, each Party shall appoint a designated
representative whose task it will be to meet for the purpose of endeavoring
to resolve such dispute. The designated representatives shall meet as often
as the Parties reasonably deem necessary in order to gather and furnish to
the other all information with respect to the matter in issue which the
Parties believe to be appropriate and germane in connection with its
resolution. The representatives shall discuss the problem and attempt to
resolve the dispute without the necessity of any formal proceeding. During
the course of discussion, all reasonable requests made by one Party to
another for non-privileged information, reasonably related to this
Agreement, shall be honored in order that each of the Parties may be fully
advised of the other’s position. The specific format for the discussions shall
be left to the discretion of the designated representatives.
b. Formal proceedings for the resolution of a dispute may not be commenced until the
earlier of:
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i. the designated representatives concluding in good faith that amicable
resolution through continued negotiation of the matter does not appear
likely; or
ii. thirty (30) days after the initial written request to appoint a designated
representative pursuant to Section 12(a) above (this period shall be
deemed to run notwithstanding any claim that the process described in this
Section 12 was not followed or completed).
c. This Section 12 shall not be construed to prevent a Party from instituting, and a
Party is authorized to institute, formal proceedings earlier to (a) avoid the
expiration of any applicable limitations period, (b) preserve a superior position with
respect to other creditors, or (c) obtain a temporary restraining order or other
injunctive relief.
d. Each Party agrees to continue performing its obligations under this Agreement
while any dispute is being resolved unless and until such obligations are terminated
by the termination or expiration of this Agreement.
13. GENERAL
a. Governing Law
i. The Agreement and performance under it will be governed by and
construed in accordance with the Laws of the jurisdiction in which the
Organization is located.
b. Relationship of the Parties
i. DocuPet is performing the Services as an independent contractor. DocuPet
has the sole right and obligation to supervise, manage, direct, and perform
all work to be performed by its personnel under this Agreement. Persons
who perform the Services are employees of DocuPet (or its subcontractors)
and DocuPet will be solely responsible for payment of compensation to
such persons and for any injury to them in the course of their employment.
DocuPet will assume full responsibility for payment of all taxes,
withholdings and contributions required in respect of its employees.
c. No Waiver of Default
i. No waiver will be effective unless in writing signed by an authorized
representative of the Party against which enforcement of the waiver is
sought. Neither the failure of either Party to exercise any right of
termination, nor the waiver of any default will constitute a waiver of the
rights granted in this Agreement with respect to any subsequent or other
default.
d. Remedies Cumulative
i. All remedies specified in this Agreement will be cumulative and in addition
to any other remedies available under this Agreement or at Law or in
equity.
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e. Assignment
i. DocuPet may not assign, transfer or otherwise convey or delegate any of its
rights or duties under this Agreement to any other Party without the prior
written consent of the Organization, such consent not to be unreasonably
withheld. This Agreement shall be binding upon the respective successors
and permitted assigns of the Parties.
f. Notices
i. All notices, requests and demands, other than routine communications
under this Agreement, will be in writing and will be deemed to have been
duly given when delivered, or when transmitted by fax or email (with a copy
provided by another means specified in this Section 13(f)), or one (1)
business day after being given to an overnight courier with a reliable system
for tracking delivery, or five (5) business days after the day of mailing, when
mailed by mail, registered or certified mail, return receipt requested,
postage prepaid, and addressed as follows:
1. In the case of DocuPet, to:
a. 15 Technology Place
Suite 1
East Syracuse, NY 13057
Attention: Chief Executive Officer
Email: grant.goodwin@docupet.com
2. In the case of the Organization, to the address set out on page 2 of
this Agreement.
ii. Either Party may from time to time change the individual(s) to receive
notices under this Section 13(f) and its address for notification purposes by
giving the other prior written notice of the new individual(s) and address
and the date upon which the change will become effective.
g. Interpretation
i. Unless the context otherwise requires, words importing the singular
include the plural and vice versa, and words importing gender include all
genders. References to articles and sections shall be references to articles
and sections of this Agreement, unless otherwise specifically stated.
ii. The section headings in this Agreement are intended to be for reference
purposes only and shall in no way be construed to modify or restrict any of
the terms or provisions of this Agreement.
h. Counterparts
i. The Agreement may be executed in one or more counterparts, each of
which will be deemed to be an original, but all of which will together
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constitute one and the same agreement.
i. Severability
i. If any provision of this Agreement is held invalid by a court with jurisdiction
over the Parties to this Agreement, such provision will be deemed to be
restated to reflect as nearly as possible the original intentions of the Parties
in accordance with applicable Law, and the remainder of this Agreement
will remain in full force and effect.
j. Survival
i. Any provision of this Agreement, which contemplates performance
subsequent to any termination or expiration of this Agreement, will survive
any termination or expiration of this Agreement and continue in full force
and effect.
k. Entire Agreement; Amendments
i. This Agreement (including any Schedules referred to herein and attached
hereto) contains the entire agreement of the Parties and supersedes all
prior agreements and representations, whether written or oral, with
respect to the subject matter of this Agreement. Modification or
amendment of this Agreement, or any part of this Agreement, may be made
only by a written instrument executed by authorized representatives of
both Parties.
l. Compliance with Law
i. Each party shall fully comply with all applicable Laws including those Laws
regarding data protection, public corruption, non-discrimination in
employment, occupational health and safety, accessibility, and
environmental protection.
m. Cooperative Purchasing Agreements and Use of Terms
i. Where Organization may hold a Cooperative Purchasing Agreement with
other entities that administer pet licensing, this agreement shall allow
those entities, with the approval of DocuPet, to purchase their
requirements under the terms and conditions of this Agreement. It is the
responsibility of the non-Organization entity to perform its own due
diligence on the acceptability of the Agreement under its applicable
procurement rules, processes, and procedures.
ii. Where a Cooperative Purchasing Agreement is not required, other entities
that administer pet licensing may utilize this Agreement if it meets their
individual requirements. These entities may enter into a separate
Agreement with DocuPet to meet their own requirements. Organization is
not a party to any uses of this contract by other entities.
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Schedule C
1. PET LICENSE FEES
Table 1.1 outlines the current Pet License Fee schedule for dogs within the Organization in the
local currency of the Organization. Pet License Fees are set by the Organization and are subject to
change at any time at the direction of the Organization. Pet License Fee changes require time for
implementation, testing, and communications updates. As such, 45 days’ notice is required for Pet
License Fee changes.
Table 1.1 – Pet License Fee Schedule for the Organization
Registration Type Duration Cost
Enter License Products here
● Spayed/Neutered 1 Year $12.00
● Spayed/Neutered) 2 Year $23.00
● Spayed/Neutered 3 Year $34.00
Un-spayed/Un-neutered 1 Year $28.00
Un-spayed/Un-neutered 2 Year $55.00
Un-spayed/Un-neutered 3 Year $82.00
Replacement License NA $3.00
Renewal License Late fee (effective Oct.1, 2026) $10.00
Processing Convenience Fee NA TBD
Direct Donation to Snake River Animal Shelter NA Variable
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2. STANDARD FEES
The Standard Fees set out in Table 1.2 are to be paid to DocuPet without the prior written
approval of the Organization.
Table 1.2 – Listing of DocuPet’s Standard Fees
ITEM FEE PAYABLE BY THE
ORGANIZATION
(in $USD funds)
Start-Up Fee
One time payment due at the launch of a program that covers the
DocuPet labor involved in developing and implementing the solution.
$3,495.00/one time OR
$4,995.00/one time for an
additional jurisdiction at
time at launch, with the
implementation fee to be
divided between the two
municipalities and made
payable by October 31,
2026.
Monthly Fee
Monthly fee for provision of the Services.
$79.99/month
Online Credit Card Processing Fee (applicable for all Pet Registrations
sold via the Website)
$3.00 for each transaction
including at least one Pet
License Fee
Variable or Optional Fees
Software Customization Fee
● Project based fee to be determined based on the requirements
and estimated work effort.
Variable project-based fee as
defined
Mailed License Compliance Notification Fee
● This includes all mailed License Compliance Notifications.
● Letters will be charged at Docupet's cost; $1.50 (US) per letter
as of January 2025. This is subject to change if the posted stamp
price increases as per USPS website
(https://www.usps.com/business/prices.html).
$1.75 per mailing
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2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
Ammon City Council meeting
August 6, 2026
Mayor Powell and City Council Members:
Fox Trot Commons/Alpine Grove Properties Findings of Fact and Conclusions of Law
Staff Presenting:
Cindy Donovan – Planning Director
Summary of Analysis:
1. City Council by unanimous vote approved the request for a one-year extension of the
Conditional Rezone Agreement
2. The Findings of Fact and Conclusions of Law are based on the following information:
a. The Future Land Use Map shows the property as Multi-Use
b. The Comprehensive Plan encourages infill development which is compact, economic and
efficient, building on existing water and sewer facilities, linking homes, schools, parks,
shopping areas, placing commercial near intersections of major roads.
c. Chapter 35 Multi-Use Zone 10-35-1 This zone is intended to ensure compatibility of new
development with existing and future development. It is also intended to ensure
development of properties into a plan with coordinated and harmonious development. The
zone is intended to integrate both existing and new land uses within close proximity to one
another, providing for the daily shopping needs and often the recreational needs of the
residents. Connection within the development to the different uses should be of prime
consideration as well as connections to pedestrian friendly sidewalks and/or trails from
outside of the development.
d. Surrounding property is zoned Multi-Use (MU), Parks, Schools, and Churches (PSC), General
Commercial (GC-1), R2-A Residence Zone.
e. The one-year extension of the agreement will provide time for a building permit to be
issued.
Parcel Characteristics:
- General Location: North of Gray Fox Lane, east of South Curlew Drive, south and west of John
Adams Parkway
- Acres: 5.969 acres
- Current Zoning: Multi-Use (MU) based on Conditional Rezone Agreement
- Original Zoning: GC-1
Motion:
Approve
I move to approve the Findings of Fact and Conclusions of Law regarding the one-year extension
of the Fox Trot Commons/Alpine Grove Properties Conditional Rezone Agreement.
Attachments:
1. Vicinity Map
2. Findings of Fact and Conclusions of Law
Ammon City Council August 06, 2026 Page 45 of 69
Public Hearings #2026-009 and #2026-010 – Vicinity Map
Fox Trot Commons Conditional Rezone Agreement
Amendment (#2026-009)
Blackrock Master Plan Amendment (#2026-010)
Ammon City Council August 06, 2026 Page 46 of 69
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www.cityofammon.us Page | 1
IN RE:
AMMON CITY COUNCIL
FOX TROT COMMONS/ALPINE
GROVE PROPERTIES
AMENDED CONDITIONAL REZONE
AGREEMENT
FINDINGS OF FACT, CONCLUSIONS OF
LAW, AND DECISION
APPLICANT: FOX TROT COMMONS
OWNER: SUMMIT RIDGE HOMES, LLC
PROJECT: FOX TROT COMMONS CONDITIONAL REZONE AGREEMENT
AMENDMENT
APPLICANT REQUEST: Request to amend the Conditional Rezone Agreement to include a one-
year extension of the Multi-Use Zone
LOCATION: North of Gray Fox Lane, east of South Curlew Drive, south and west of
John Adams Parkway
EXISTING ZONING: Multi-Use (MU) based on Conditional Rezone Agreement
SURROUNDING ZONING: Multi-Use (MU), Parks, Schools, and Churches (PSC), General
Commercial (GC-1), R2-A Residence Zone
SURROUNDING USE: Single-family attached dwellings to the west and south, charter school to
the northeast, undeveloped property
PARCEL SIZE: 5.969 acres
SECTION 1: BACKGROUND FACTS
Summary of Application
• Request to amend the Conditional Rezone Agreement to include a one-year extension of the
Multi-Use Zone
Notices & Hearings
- Planning and Zoning Commission (the “Commission”)
- Publication Notice: At least 15 days prior to the public hearing on Friday, May 29, 2026,
notice of the Commission’s public hearing on the forgoing application was published in
the Post Register newspaper in Bonneville County in accordance with I.C. § 67-6511.
- Mailing Notice Adjoining Property Owners: At least 15 days prior to the hearing, on May
27, 2026, notice of the Commission’s public hearing was mailed to adjoining property
owners within 300 feet in accordance with I.C. §67-6511.
- Additional Mailing Notice: At least 15 days prior to the public hearing, on May 27, 2026,
notice was also mailed to (1) applicable utility providers and (2) applicable political
subdivisions providing services to the property in accordance with I.C. §67-6511.
- Posting Notice: Not less than one week prior the hearing, on June 8, 2026, notice of the
Commission’s public hearing on the forgoing application was posted on the Property in
accordance with I.C. § 67-6511.
- City Council (the “Council”)
- No public hearing was held before the City Council.
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SECTION 2: DECISION STANDARDS & PROCEDURES
Standards
• Unless otherwise stated by City Code, the Commission is a recommending body to the Council.
See Ammon City Code § 2-1-5 and §10-10 and I.C. § 67-6511(2) (zoning). Recommendations
from the Commission are not binding on the Council. The decision of the Council is constrained
to the record created at hearing and applicable law.
• Zoning decisions must consider applicable provisions of the comprehensive plan, local
ordinances and regulations, and applicable services of those political subdivisions who serve the
property. I.C. § 67-6511(2).
• Planning and zoning actions are entitled to a strong presumption of validity in application and
interpretation of local ordinances.
• Review of Council decision is subject to the following:
67-5279. SCOPE OF REVIEW — TYPE OF RELIEF.
(1) The court shall not substitute its judgment for that of the agency as to the
weight of the evidence on questions of fact.
[…]
(3) When the agency was required by the provisions of this chapter or by other
provisions of law to issue an order, the court shall affirm the agency action
unless the court finds that the agency’s findings, inferences, conclusions, or
decisions are:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the agency;
(c) Made upon unlawful procedure;
(d) Not supported by substantial evidence on the record as a whole; or
(e) Arbitrary, capricious, or an abuse of discretion.
If the agency action is not affirmed, it shall be set aside, in whole or in part,
and remanded for further proceedings as necessary.
(4) Notwithstanding the provisions of subsections (2) and (3) of this section,
agency action shall be affirmed unless substantial rights of the appellant have
been prejudiced.
[…]
SECTION 3: APPLICABLE STANDARDS AND CRITERIA AUTHORITY
Applicable Sections of Comprehensive Plan to Application:
• 2018 Comprehensive Plan, as amended by Resolution 2023-003R
• Future Land Use Map dated January 15, 2026, adopted by Resolution 2026-001R, Public
Hearing 2026-009. Key: low density residential (yellow), school (dark blue), medium density
(gold), multi-use (gold with cross hatching), heavy commercial (purple)
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• Chapter 1. Foreword, page 5: This Ammon Comprehensive Plan is intended to guide
development in the City of Ammon in a manner that achieves the shared vision expressed by its
citizens for the future of their city, their communities, and their neighborhoods.
• Chapter 2. Purpose, page 6: “This Comprehensive Plan is intended as a pathway for achieving a
shared vision for the future of the City of Ammon as it continues to age, change, and grow. The
plan will serve as a framework for decisions regarding existing and new developments in Ammon
for the foreseeable future.”
• Chapter 10. Land Use, page 23: Item 9. “Encourage infill development to ensure development
is compact, economic and efficient.”
• Chapter 10. Land Use, page 23: Item 10. “Establish land use patterns which build on existing
water and sewer facilities.”
• Chapter 10. Land Use, page 23: Item 11. “Link homes, schools, parks and shopping areas with
bicycle and pedestrian paths. Consider using sensitive lands in such linkages.”
• Chapter 10. Land Use, page 25: Item 15. “Locate commercial and higher density residential
uses at or near intersections of major roads, provided the layout of such uses allows sufficient
land for safe ingress and egress not interfering with traffic flow near intersections.”
Applicable Sections of Zoning Code to Application:
• Chapter 1 Purpose 10-1-2: PURPOSE: The zone boundaries and regulations made in
accordance with a comprehensive plan designated to promote the health, safety, peace,
convenience, and general welfare of the inhabitants of Ammon.
o A. To promote the orderly growth and development of the City in accordance with the
Comprehensive Plan.
o D. To protect the tax base.
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o E. To foster industry.
o I. To promote and foster a wholesome, serviceable, and attractive City.
• Chapter 1 Declaration 10-1-3: In establishing the zones, the boundaries thereof and the
regulations applying within each of the zones, due and careful consideration was given, among
other things, to the suitability of land for particular uses with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout the City.
• Chapter 35 Multi-Use Zone 10-35-1: GENERAL OBJECTIVES AND CHARACTERISTICS:
The purpose of the Multi-Use zone is to provide for a variety and mixture of uses, such as
professional offices, small scale retail, restaurants, recreational, personal services including public
facilities, and residential both single family and multi-family. Large scale commercial
development may be allowed pursuant to the master plan allowances and, in most cases, should
be allowed only along arterial roadways or on major collector streets. This zone is intended to
ensure compatibility of new development with existing and future development. It is also
intended to ensure development of properties into a plan with coordinated and harmonious
development. The zone is intended to integrate both existing and new land uses within close
proximity to one another, providing for the daily shopping needs and often the recreational needs
of the residents. Connection within the development to the different uses should be of prime
consideration as well as connections to pedestrian friendly sidewalks and/or trails from outside of
the development. The general area of service for easy travel and access would generally be within
a one to two (1-2) mile traveling distance from any residential property.
• Chapter 35 Multi-Use Zone 10-35-5: STANDARD DEVELOPMENT OR ANNEXATION
AGREEMENT REQUIRED: “(A) Multi-Use zoning that is approved based on a request for re-
zone shall be subject to any existing development agreement and any additional requirements
may be included as a condition for approval of the rezone.”
• Chapter 35 Multi-Use Zone 10-35-6: MULTI-USE MASTER PLANS: A master plan
incorporating the entirety of a property in a Multi-Use zone, shall be submitted to the Planning
and Zoning Commission for recommendation and action of approval or denial by the City
Council.
All master plans shall require a public hearing prior to approval. The master plan may be
submitted for approval as part of a public hearing for an annexation with the multi-use zone
requested as the designated zone, or for a re-zone request hearing. As part of a master plan
approval, those uses listed as allowed by master plan approval shall be included as part of the
master plan request documentation. The public hearing requirement for any master plan approval
shall meet the requirements of Idaho Code 67-6509 and any additional requirements for hearings
adopted by the City of Ammon. An application for a master plan shall be submitted on the Plan
Review Application form and shall include all documentation required on the application form
prior to assignment of a hearing date. Master plans are not required to show the exact locations of
commercial and residential areas, rather it will be required to provide general locations of these
areas within the master plan. It is the intent of the City to allow flexibility for placement and
boundaries between other uses within the property designated as multi-use.
Amendments to a master plan shall be approved through the same requirements as an original
approval for said master plan. Any approval of an amended master plan may be subject to the
revision of the special conditions within an existing annexation/standard development agreement.
• Chapter 40 Development Agreements 10-40-2 2. Conditional Rezone Agreement (CRA)
“...Pursuant to Idaho Code Section 67-6511, the City Council may require a Conditional Rezone
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Agreement as a condition of rezoning any property. … A Conditional Rezone Agreement is a
contract between the City of Ammon and the owner or developer of a property within the City of
Ammon. Failure of the developer or land owner to comply with the terms of the Conditional
Rezone Agreement will result in immediate revocation of the rezone and in the issuance of stop
orders for the development and in the immediate prohibition in the issuance of any additional
building permits or certificates of occupancy. Notice is required for all Conditional Rezone
Agreements, pursuant to Idaho Code 67-6511A.”
SECTION 4: FINDINGS OF FACT
Based upon the record and testimony presented to the Council, IT FINDS THE FOLLOWING FACTS:
Relevant Uncontested Facts
A. Fox Trot Commons Conditional Rezone Agreement conditionally rezoned the subject property
from GC-1 General Commercial Zone to Multi-Use Zone
B. The Conditional Rezone Agreement expires if no building permit is pulled within five years and
the property will revert to the previous zone of GC-1, General Commercial Zone.
C. No building permits have been issued for this property since the July 1, 2021 agreement date.
D. The one-year extension of the agreement will provide time for a building permit to be issued.
Reasoned Findings on Relevant Contested/Conflicting Facts
E. The Multi-Use Zone allows a residential care facility (assisted living center) the General
Commercial Zone does not permit this use.
SECTION 5: CONCLUSION OF LAW
1. The City of Ammon is a municipal corporation organized under Article XII of the Idaho
Constitution and the laws of the State of Idaho, Title 50, Idaho Code;
2. Under Chapter 65, Title 67 of the Idaho Code, the City has passed a land use and zoning code,
Title 10;
3. Under Chapter 2, Title 50 of the Idaho Code, the City has passed an annexation procedures
ordinance, Title 11.
4. The Council has authority to hear the applicant’s request pursuant to the Ammon Municipal
Code.
5. The City of Ammon has provided adequate notice for the review of this application.
6. The process adhered strictly to procedural requirements outlined in Idaho Code § 67-6535 and
Ammon City Ordinances (Section 10-4-4). A public hearing was transparently held, providing all
stakeholders with substantial opportunity to voice their positions and ensuring fair due process.
7. This request DOES COMPLY with the 2018 Comprehensive Plan BECAUSE:
a. Comprehensive Plan Future Land Use Map designates this area as medium density
residential with a mixed-use overlay.
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b. Chapter 1 of the Comprehensive Plan anticipates a shared vision expressed by its citizens
for the future of their city, their communities, and their neighborhoods.
c. Chapter 10 of the Comprehensive Plan “Encourage infill development to ensure
development is compact, economic and efficient.”
d. Chapter 10 of the Comprehensive Plan “Establish land use patterns which build on
existing water and sewer facilities.”
e. Chapter 19 of the Comprehensive Plan future economic development should focus on
providing employment opportunities that provide sufficient income to allow citizens to
both live and work in Ammon.
8. Understanding this is a request for a one-year extension of the Conditional Rezone Agreement,
this requested proposal DOES COMPLY with the zoning ordinance BECAUSE:
a. Ammon City Code § 10-40-2 2. Conditional Rezone Agreement (CRA). “...Pursuant to
Idaho Code Section 67-6511, the City Council may require a Conditional Rezone
Agreement as a condition of rezoning any property. … A Conditional Rezone Agreement
is a contract between the City of Ammon and the owner or developer of a property within
the City of Ammon. Failure of the developer or land owner to comply with the terms of
the Conditional Rezone Agreement will result in immediate revocation of the rezone and
in the issuance of stop orders for the development and in the immediate prohibition in the
issuance of any additional building permits or certificates of occupancy. Notice is
required for all Conditional Rezone Agreements, pursuant to Idaho Code 67-6511A.”
9. The proposed amendment DOES protect and improve the public health, safety and welfare
BECAUSE:
a. The extension of this agreement allows for the opportunity to create a space to care for
our aging population.
b. The extension of this agreement provides for the construction of commercial buildings
10. The proposed amendment WILL NOT have a negative fiscal impact upon the existing citizens of
the City of Ammon BECAUSE:
a. The extension of this agreement will create commercial development and employment
opportunities.
SECTION 6: DECISION
THEREFORE, the Ammon City Council approves the one-year extension of the Conditional
Rezone Agreement as amended, subject to compliance with the following conditions on or before
July 1, 2027:
a. a conditional rezone agreement must be entered between the developer and the City;
b. a development agreement must be entered between the developer and the City;
c. a building permit must be issued by the City.
Failure to timely meet these conditions shall result in the automatic revocation of this approval as
well as revocation of Ammon City Ordinance 666.
SECTION 7: NOTICE TO APPLICANT OF RIGHTS
Ammon City Council August 06, 2026 Page 52 of 69
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This is a final decision by the Council. Rights regarding final decisions by the Council are
dictated by City Ordinance; a regulatory taking analysis may be requested pursuant to Idaho Code
§ 67-8003; and an affected person aggrieved by a final decision may seek review of this decision
in accordance with Idaho Code § 67-6535 and Idaho Rule of Civil Procedure 84 after all remedies
have been exhausted under local ordinance.
The City Council of the City of Ammon hereby adopts these Findings of Fact, Conclusions of Law, and
Decision this 6th day of August 2026.
________________________________
Mayor Brian Powell
_______________________________
Attest: Joanna Dahm, City Clerk
Ammon City Council August 06, 2026 Page 53 of 69
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www.cityofammon.us Page | 8
CERTIFICATE OF SERVICE
I hereby certify that on this 7th day of August 2026, I served a true and correct copy of the foregoing
document upon the following:
Applicant
ATTN: Aaron Gopp
Alpine Grove Properties-Ammon, LLC
2609 SW 3 ½ S Avenue
Fruitland, UT 83619
Applicant:
ATTN: Kemish Hendershot
Alpine Grove Properties-Ammon, LLC
[x] Mailing
[x] E-Mail: aaron@alpinegroveliving.com
_____________________________________________
City Clerk
[ ] Mailing
[x] E-Mail: kemish@alpinegroupliving.com
Ammon City Council August 06, 2026 Page 54 of 69
Ordinance #666A – Fox Trot Commons Subdivision/Alpine Grove Properties Page 1 of 4
CITY OF AMMON
ORDINANCE NO. 666A
AN ORDINANCE TO EXTEND THE ZONING CLASSIFICATION AND THE
ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF
AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING
THE CLASSIFICATION OF CONDITIONAL ZONING FOR SUCH PARCEL OF
LAND; PROVIDING FOR AN EFFECTIVE DATE.
(Fox Trot Commons Subdivision/Alpine Grove Properties property located south of 1st
Street, east of 25th East, north of 17th Street, west of Tie Breaker Drive)
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
AMMON, IDAHO THAT:
WHEREAS, certain lands and properties within the City of Ammon have been petitioned
for a change of zoning and zoning classification; and,
WHEREAS, the City of Ammon Planning and Zoning Commission has duly held a
hearing upon the application for change of zone and has given notice as required by law of the
hearings thereon; and
WHEREAS, the City Council of the City of Ammon has determined that it is not
necessary to hold a hearing before the City Council on the application for the change of zones,
NOW THEREFORE, be it hereby ordained by the Mayor and City Council of the
City of Ammon:
Section 1.
a. A petition to extend Ammon City Ordinance No. 666 of zone from GC-1 to MU,
relating to certain property located within Ammon, Bonneville County, Idaho and more
particularly described hereafter was properly filed.
b. A Public Hearing (#2026-009) was properly noticed and held before the Planning
and Zoning Commission of the City of Ammon whose findings and recommendations
.
Ammon City Council August 06, 2026 Page 55 of 69
Ordinance #666A – Fox Trot Commons Subdivision/Alpine Grove Properties Page 2 of 4
were provided to the City Council for review and consideration.
Section 2.
The City Council does hereby conditionally extend the zoning map and the zoning
classification to MU through July 1, 2027 for the following described real property subject to
those additional conditions outlined by this ordinance:
Parcel Number: RPB00000224266
Legal Description:
Part of the Southeast Quarter Northwest Quarter Section 22, Township 2 North, Range 38
East of the Boise Meridian, to the City of Ammon, County of Bonneville, State of Idaho,
described as: Beginning at a point S 89° 20’54” E 1,561.33 feet from the West Corner of
said Section 22, said point being at the intersection of the East-West Center Section Line
and the proposed East right-of-way line of Curlew Drive; and running thence along said
right-of-way the following four (4) courses: 1) NOO°12'OO"E 6.85 feet to a point of curve;
2) thence to the left along said curve 160.51 feet (Curve Data: Radius = 500.00 feet, Delta
= 18°23'35”, Chord bears N08°59'47"W 159.82 feet) to a point of reverse curve; 3) thence
to the right along said curve 142.02 feet (Curve Data: Radius = 440.00 feet, Delta =
18°29’38” Chord bears N08°56'45"W 141.41 feet); 4) thence NOO°18'04"E 56.16 feet,
thence S89°20'54"E 200.00 feet; thence N00°18’04” 869.97 feet to a point of non-tangent
curve on the proposed centerline of John Adams Parkway; thence along said centerline the
following two (2) courses: 1) to the right along said curve 558.34 feet (Curve Data; Radius
= 540.00 feet, Delta = 59014'31", Chord bears S45°36’39”E 533.80 feet) to a point of
reverse curve; 2) thence to the left along said curve 403.10 feet (Curve Data: Radius =
540.00 feet, Delta = 42°46'13" Chord bears S37°22'30"E 393.81 feet); thence S33°46'09"W
40.04 feet to a non-tangent curve on the existing Southerly right-of-way of John Adams
Parkway; thence along said right-of-way the following two (2) courses: 1) to the left along
said curve 4.08 feet (Curve Data: Radius = 580.00 feet, Delta - 0002411", Chord bears
S58°47'14" E 4.08 feet); 2) thence S58°59'19"E 117.22 feet; thence S33006'16"W 273.35
feet; thence S00°45’08” 225.18 feet to the East-West Center Section Line of said Section
22; thence along said centerline N89°20'54"W 707.90 feet to Point of Beginning.
Section 3.
The City Council does hereby conditionally extend those provisions of Ammon Ordinance
666 through July 1, 2026 and authorizes the corresponding changes to be made to the zoning
map. If the following do not occur on or before said date, this Ordinance and Ammon City
Ordinance No. 666 are automatically revoked in their entirety with the corresponding adjustment
to be made to zoning map:
a. a conditional rezone agreement must be entered between the developer and the City;
b. a development agreement must be entered between the developer and the City;
c. a building permit must be issued by the City.
Section 4.
Ammon City Council August 06, 2026 Page 56 of 69
Ordinance #666A – Fox Trot Commons Subdivision/Alpine Grove Properties Page 3 of 4
This ordinance shall become effective upon its passage by the City Council, approval by
the Mayor and due publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 6th day of
August, 2026.
________________________________
Brian Powell, Mayor
City of Ammon
ATTEST:
______________________________
Joanna Dahm, City Clerk
City of Ammon
STATE OF IDAHO )
) ss.
County of Bonneville )
I, JOANNA DAHM, CITY CLERK OF THE CITY OF AMMON, IDAHO, DO
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of the
Ordinance entitled,
AN ORDINANCE TO EXTEND THE ZONING CLASSIFICATION AND THE
ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF
AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING
THE CLASSIFICATION OF CONDITIONAL ZONING FOR SUCH PARCEL OF
LAND; PROVIDING FOR AN EFFECTIVE DATE.
(Fox Trot Commons Subdivision/Alpine Grove Properties property located south of 1st
Street, east of 25th East, north of 17th Street, west of Tie Breaker Drive)
Dated this 6th day of August, 2026.
____________________________________
Joanna Dahm, City Clerk
Ammon City Council August 06, 2026 Page 57 of 69
Ordinance #666A – Fox Trot Commons Subdivision/Alpine Grove Properties Page 4 of 4
CITY OF AMMON
BONNEVILLE COUNTY, IDAHO
SUMMARY OF
ORDINANCE NO: 666A
AN ORDINANCE TO EXTEND THE ZONING CLASSIFICATION AND
THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE
CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND
DECLARING THE CLASSIFICATION OF CONDITIONAL ZONING
FOR SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE
DATE.
(Fox Trot Commons Subdivision/Alpine Grove Properties property located
south of 1st Street, east of 25th East, north of 17th Street, west of Tie Breaker
Drive)
The full text of this ordinance is available at the City Clerk’s Office, Ammon City Office,
2135 S. Ammon Road, Ammon, Idaho.
ATTEST: CITY OF AMMON
_______________________ ________________________
Joanna Dahm, City Clerk Brian Powell, Mayor
I have reviewed the foregoing summary and I believe that it provides a true and
complete summary of Ordinance #666A and the summary provides adequate notice to the public
of the contents of this ordinance.
DATED this 6th day of August, 2026.
__________________________
Scott Hall, City Attorney
Ammon City Council August 06, 2026 Page 58 of 69
Date: August 6, 2026
To: Mayor Powell and City Council
Presenting: Cindy Donovan – Planning Director
Subject: Staff Report regarding the extension the Fox Trot Commons Conditional Rezone
Agreement
Fox Trot Commons Conditional Rezone Agreement Amendment
Staff Recommendation
- Staff recommends approval of the Amended Conditional Rezone Agreement based upon the
following staff report.
Compliance
- This application is in compliance with Title 10 Chapter 40 Development Agreements.
Criteria for Decision
1. 10-40-2 2. Conditional Rezone Agreement (CRA). “...Pursuant to Idaho Code Section 67-6511,
the City Council may require a Conditional Rezone Agreement as a condition of rezoning any
property. … A Conditional Rezone Agreement is a contract between the City of Ammon and the
owner or developer of a property within the City of Ammon. Failure of the developer or land
owner to comply with the terms of the Conditional Rezone Agreement will result in immediate
revocation of the rezone and in the issuance of stop orders for the development and in the
immediate prohibition in the issuance of any additional building permits or certificates of
occupancy. Notice is required for all Conditional Rezone Agreements, pursuant to Idaho Code
67-6511A.”
Summary of Analysis
1. On July 2, 2026 the City Council approved the request for an extension of one year for the Fox
Trot Commons Conditional Rezone Agreement. The following amendments were included in the
agreement:
● Development name to Alpine Grove Properties-Ammon
● Developer shall pay a frontage fee of $441,495.68 for construction of John Adams
Parkway and Curlew Drive prior to first building permit based on the cost of
$619.96/linear foot for Curlew Drive and $606.20/linear foot for John Adams Parkway.
● Sewer District amended from EIRWWA to Iona Bonneville Sewer District (IBSD)
● Exhibit E will be the Alpine Grove Properties Master Plan presented on July 2, 2026
● Deletion of maximum dwelling units, minimum commercial square footage, allowance of
two-story construction, this development will be single-story construction
● Parks Contribution based on the fee resolution for the independent living units
● Law Enforcement Contribution based upon the property use.
Parcel Characteristics
- General Location: north of Gray Fox Lane, east of South Curlew Drive, south and west of John
Adams Parkway
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1 Ammon City Council August 06, 2026 Page 59 of 69
- Lot Size: 5.969 acres
- Zoning: MU
Motion Based on Staff Recommendation
I move to approve the Fox Trot Commons Amended Conditional Rezone Agreement (if
applicable, state any conditions for recommending approval).
Attachments:
1. Vicinity Map
2. Alpine Grove Properties - Ammon Amended Conditional Rezone Agreement
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2 Ammon City Council August 06, 2026 Page 60 of 69
Public Hearings #2026-009 and #2026-010 – Vicinity Map
Fox Trot Commons Conditional Rezone Agreement
Amendment (#2026-009)
Blackrock Master Plan Amendment (#2026-010)
Ammon City Council August 06, 2026 Page 61 of 69
ALPINE GROVE PROPERTIES CONDITIONAL REZONE AGREEMENT - Page 1 of 8
CONDITIONAL REZONE AGREEMENT
(CITY OF AMMON/ALPINE GROVE PROPERTIES - AMMON, LLC)
THIS AGREEMENT, made and entered into this 1st day of July, 2027, by and between
the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of Idaho,
Party of the First Part, hereinafter called the “City,” and Alpine Grove Properties - Ammon, LLC
and/or assigns, hereinafter called the “Developer.”
RECITALS:
WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land in
Bonneville County, Idaho, more particularly described on Exhibit A attached hereto and made a
part hereof; and
WHEREAS, the Developer, as sole owner of said land, has made request to the City of Ammon to
rezone the property described in Exhibit A from General Commercial 1 (GC-1) to Mixed Use
(MU), and
WHEREAS, the tract of land described in Exhibit A is located within the City of Ammon; and
WHEREAS, on June 17, 2021, the Ammon City Council conditionally approved the request to
rezone the property; and
WHEREAS, in accordance with Idaho Code 67-6511A, the Ammon City Council requires the
Developer to agree to a Conditional Rezone Development Agreement as a condition of approving
the rezone request; and
NOW THEREFORE, in consideration of the above recitals and the mutual covenants and
agreements herein contained and other good and valuable consideration, the sufficiency of which
is hereby acknowledged, the parties hereto agree as follows:
AGREEMENT
1. Incorporation of Recitals. The Recitals set forth above are hereby incorporated into and
made an integral part of this Agreement.
2. Effective Date of Agreement. This Agreement shall be effective as of the date approved
by the City Council.
Ammon City Council August 06, 2026 Page 62 of 69
ALPINE GROVE PROPERTIES CONDITIONAL REZONE AGREEMENT - Page 2 of 8
3. Term of Agreement. All rights related to this agreement, including all Developer’s rights
herein, shall expire if no building permit has been issued within five (5) years of the
Effective Date.
4. Developer. The term “Developer” and the language of this agreement, whether it is more
than one developer, shall be construed as plural, and if there are any parties that are
feminine or are firms or corporations, the masculine shall include the feminine and the
neuter. All terms and conditions of this agreement shall run with the land.
5. Incorporation of Related Agreements, Approvals, Plans, Permits and other
documents. The following agreements, approvals, plans, permits and other documents are
hereby incorporated into and made an integral part of this Agreement by reference as if
restated herein in full.
a. Description of property, included as Exhibit A to this agreement.
b. Fox Trot Commons Concept Plan as presented to the City Council on July 1, 2021,
included as Exhibit B to this agreement.
c. Findings of Fact, Conclusions of Law and Decision on Rezone Request: July 1,
2021 included as Exhibit C to this agreement.
d. Ordinance 666, approving the conditional rezoning of the property, approved on
July 1, 2021 included as Exhibit D to this agreement.
e. Master Plan as presented to the City Council on July 2, 2026, included as Exhibit
E
f. Findings of Fact, Conclusions of Law and Decision on extending the rezone
request: August 6, 2026 included as Exhibit F to this agreement
g. Ordinance ???, approving the extension of the conditional rezoning of the property,
approved on August 6, 2026 included as Exhibit G to this agreement
6. Breach of Agreement. Any material failure to comply with the terms and conditions of
this agreement and any of the above-referenced agreements, approvals, plans, permits and
other documents shall constitute a breach of this Agreement. In the event of a Breach of
Agreement, or failure to proceed under the Term of this agreement in Paragraph #3 above,
the underlying zoning of Exhibit A shall revert back to General Commercial 1 (GC-1).
7. Governance. In the event of any inconsistency between the terms and conditions of this
Agreement and the agreements, approvals, plans, permits and other documents listed
above, the terms and conditions of this Agreement shall govern.
8. Conditions of Rezone Approval. The following conditions are required of the Developer.
Prior to approval of any building permit for the development, all of the following
conditions shall be completed by the Developer:
a. Traffic Improvements.
i. Minimum Improvements. The Developer agrees to the following:
1. Developer shall pay the frontage fee of $441,495.68 for
construction of John Adams Parkway, Curlew Drive north of John
Adams Parkway, and bridge connecting to 25th East, prior to the
first building permit.
b. Water Study. A water study shall be completed showing how the development will
be serviced with culinary water and irrigation water, the impact the development
will have on existing groundwater rights, and the upgrades necessary to the Ammon
city water system and irrigation system to fully service the development. The water
study shall be completed by the City of Ammon at the Developer’s expense. Prior
to approval of a final plat, the Developer shall pay all costs associated with
completing the water study.
c. Wastewater Study. A wastewater study shall be completed showing how the
development will be serviced for wastewater, the impact the development will have
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on existing wastewater systems, and the upgrades necessary to the Iona Bonneville
Sewer District wastewater system to fully service the development. The
wastewater study shall be completed by the City of Ammon at the Developer’s
expense. Prior to approval of a final plat, the Developer shall pay for all costs
associated with completing the wastewater study.
d. Wastewater Connection Fee. The Developer is required to pay for sewer
connection fees due to 1) the Iona Bonneville Sewer District (IBSD); and 2) the
City of Ammon, when submitting for a building permit. The City of Ammon cannot
guarantee sewer capacity will be sufficient to handle the development and cannot
award capacity on behalf of IBSD.
e. Architectural and Site Plan Design. Prior to approval of a preliminary plat for the
proposed development, the City Council shall approve the final project design
including architectural plans, landscape plans, outdoor lighting plans, and
circulation plans. The approval shall not be unreasonably withheld. The following
shall be required in the final project design when submitted to the City Council:
i. Except as otherwise indicated in this agreement, the project design shall
generally align with Exhibit E to this Agreement. Exhibit E represents the
Master Plan approved on July 2, 2026.
ii. All outdoor lighting fixtures and luminaires shall comply with the outdoor
lighting standards established by the International Dark Sky Association.
f. Parks and Open Space. The Developer shall pay the amount as provided in the
current City of Ammon Fee Resolution per independent living unit to be dedicated
to parks and open space improvements within the general vicinity of the proposed
development. This fee shall be paid prior to issuance of any building permit. In
lieu of a payment, the Development may propose donation of real property or
provide in-kind improvements to public parks at the direction of the City
Administrator.
g. Law Enforcement Contribution: Developer shall pay the amount, as provided in
the current City of Ammon Fee Resolution for the Law Enforcement Contribution
Fee at the time of the issuance of the building permit, based upon the property use
to be dedicated to the law enforcement contract
h. Fiber Optic. The development shall be connected to the City of Ammon Fiber
Optic network.
i. Development Agreement. Upon approval of a final plat for the development, the
Developer shall enter into an additional development agreement that specifies
standard infrastructure requirements for all projects constructed in the City of
Ammon and any special conditions specific to the development.
9. Miscellaneous Provisions.
a. Covenant Running with the Land/Successors and Assigns. Unless this
Agreement is modified by mutual written agreement of the Parties or terminated by
City, this Agreement and all conditions, terms, duties and obligations included in
this Agreement shall be binding upon the Owner, each subsequent owner of the
Property and every person or entity acquiring any interest in the Property. This
Agreement shall constitute a covenant running with the land burdening the Property
in favor of the City and shall be binding upon the Owner, its successors in interest,
personal representatives, heirs, vendees and assigns.
b. Waiver. Any waiver of any of the terms or conditions of this Agreement by City
or Owner must be in writing to be effective and shall apply solely to the breach and
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breaches waived and shall not bar any other rights or remedies of City or Owner of
applying to any subsequent breach of any such or other covenants and conditions.
c. Notices. Any and all notices, demands, requests, and other communications
required to be given hereunder by either of the parties hereto shall be in writing and
be deemed properly served or delivered if delivered by hand to the party to whose
attention it is directed, or when sent, seven (7) days after deposit in the U.S. Mail,
postage pre-paid, or upon the sending of a facsimile, followed by a copy sent by
U.S. Mail as provided herein, addressed as follows:
City:
City of Ammon
c/o City Administrator
2135 South Ammon Road
Ammon, Idaho 83406
(208) 612-4051 Phone
(208) 612-4009 Fax
Owner:
Alpine Grove Properties-Ammon, LLC
c/o Aaron Gopp
2609 SW 3 ½ Ave,
Fruitland, ID 83619
(208) 250-2488
Or at such other address, or facsimile number, or to such other party
which any party entitled to receive notice hereunder designates to
the other in writing as provided above.
d. Attorney Fees. In the event either party to this Agreement is required to
retain the services of an attorney to enforce its rights hereunder, the defaulting party
shall pay to the non-defaulting party reasonable attorney fees and costs incurred as
a result of such default whether or not litigation is commenced and including
reasonable attorney fees and costs on appeal.
e. Time is of the Essence. The parties hereto acknowledge and agree that time is
hereby made expressly of the essence with respect to each and every term,
condition, and provision hereof, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of and a default under this
Agreement by the party so failing to perform.
f. Requirement for Recordation. The City shall record this document, including all
of the Exhibits, and submit proof of such recording to the Owner. Failure to comply
with this section shall be deemed a default of this Agreement by Owner.
g. No Precedent. Approval of the Development Agreement shall not be considered
a binding precedent for the issuance of other development agreements. The
Development Agreement is not transferable from one parcel of land to another.
h. Police Powers. Nothing contained herein is intended to limit the police powers of
the City. This Agreement shall not be construed to modify or waive any law,
ordinance, rule, or regulation, including without limitation, applicable building
codes, fire codes, zoning ordinances, subdivision ordinances, or comprehensive
plan provisions, unless expressly provided herein.
i. Invalid Provisions. If any provision of this Agreement is held not valid, such
provision shall be deemed to be excised there from and the invalidity thereof shall
not affect any of the other provisions contained herein.
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j. Choice of Law. This Agreement shall be governed by the laws and decisions of
the state of Idaho.
IN WITNESS WHEREOF, the City has by motion duly passed, executed this agreement by the
signature of the Mayor, attested by the City Clerk, and the Developer has caused this agreement
to be duly executed the day and the year first above written.
ATTEST: CITY OF AMMON, IDAHO
___________________________ __________________________
Joanna Dahm, City Clerk Brian Powell, Mayor
___________________________
Aaron Gopp
Alpine Grove Properties-Ammon, LLC
Managing Member
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STATE OF IDAHO
County of Bonneville
On this _____ day of _______________, 2026 before me the undersigned, a Notary Public in and
for said State, personally appeared Brian Powell, known or identified to me to me be the Mayor of
Ammon, the municipal corporation that executed the attached Conditional Rezone Agreement and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first
above written.
Notary Public for the State of Idaho
Residing in Bonneville County, Idaho
Commission Expiration Date: ___________
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STATE OF IDAHO
County of Bonneville
On this _____ day of _______________, 2026 before me the undersigned, a Notary Public in and
for said State, personally appeared Aaron Gopp, known or identified to me to be the individual
that executed the attached Conditional Rezone Agreement and acknowledged to me that such
corporation executed the same.
IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first
above written.
Notary Public for the State of Idaho
Residing in Bonneville County, Idaho
Commission Expiration Date:
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ALPINE GROVE PROPERTIES CONDITIONAL REZONE AGREEMENT - Page 8 of 8
EXHIBIT A
TO CONDITIONAL REZONE AGREEMENT
LEGAL DESCRIPTION
EXHIBIT B
TO CONDITIONAL REZONE AGREEMENT
FOX TROT COMMONS CONCEPT PLAN
AS PRESENTED TO THE CITY COUNCIL
DATED 7/1/2021
EXHIBIT C
TO CONDITIONAL REZONE AGREEMENT
FOX TROT COMMONS
FINDINGS OF FACT, CONCLUSIONS OF LAW
DATED 7/1/2021
EXHIBIT D
TO CONDITIONAL REZONE AGREEMENT
ORDINANCE 666
DATED 7/1/2021
EXHIBIT E
TO CONDITIONAL REZONE AGREEMENT
ALPINE GROVE PROPERTIES MASTER PLAN
AS PRESENTED TO THE CITY COUNCIL
DATED 7/2/2026
EXHIBIT F
ALPINE GROVE PROPERTIES
FINDINGS OF FACT, CONCLUSIONS OF LAW
DATED 8/6/2026
EXHIBIT G
TO CONDITIONAL REZONE AGREEMENT
ORDINANCE 666A
DATED 8/6/2026
Ammon City Council August 06, 2026 Page 69 of 69