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09.02.2021 CouncilPacket Ammon City Council 09.02.2021Page 1 of 42 Ammon City Council 09.02.2021Page 2 of 42 Ammon City Council 09.02.2021Page 3 of 42 Ammon City Council 09.02.2021Page 4 of 42 Ammon City Council 09.02.2021Page 5 of 42 Ammon City Council 09.02.2021Page 6 of 42 Ammon City Council 09.02.2021Page 7 of 42 Ammon City Council 09.02.2021Page 8 of 42 Ammon City Council 09.02.2021Page 9 of 42 Ammon City Council 09.02.2021Page 10 of 42 Ammon City Council September 2, 2021 Mayor Coletti and City Councilmembers: Mountain River Veterinary Hospital Animal ServicesContract Staff Presenting: Clarissa Mueller, Enforcement Officer Recommendation -Staff recommends approval of the Mountain River VeterinaryHospital Animal Services Contract as presented. Summary of Analysis 1.In Fiscal Year 2021, the contract for animal serviceswith the City of Idaho Falls was $30,568. 2.According to past budgeting practices, the City ofAmmon has planned on approximately a 5% increase in the contract for a total amount of $32,818for FY22. This amount was budgeted and approved by the City Council during the budget process. 3.In July of 2021, the City of Idaho Falls informedthe City of Ammon that the contract fee would increase to $76,136 for FY 2022. When asked aboutthis increase, no clear reason was given. 4.After trying to negotiate a lower fee for contractservices, staff was unable to reach a successful resolution with the City of Idaho Falls and soughtalternative options. 5.As a result of research and outreach performed bythe Code Enforcement Officer, Mountain River Veterinary Hospital (MRVH) has agreed to provideanimal services for the City of Ammon. 6.Examples of services Mountain River will provide includeimpoundment of animals, reclaiming animals to their owners, adopting out unclaimed animals,providing necessary veterinary care, and providing housing for quarantine and seized animals,etc. 7.The City and its residents will be receiving morebenefits than currently provided. Financial Impact -The contracted amount is $30,000 annually. -This amount is already budgeted for Animal Services. -The GL account for this item will not exceed its allottedamount. Motion °6 wzf ‡z Y„zf ‡mf YxnwYv f„nbf bzx‡„Yb‡ Žn‡m>zˆx‡Ynx Knf„ Sf‡f„nxY„ 5z n‡Yv nx ‡mf Ywzˆx‡ zk ÖáÞªÞÞÞ kz„ 3n bYv VfY„ àÞàà­± Attachments: 1.Mountain River Veterinary Hospital Animal ServicesContract 2135 South Ammon Rd., Ammon, Idaho 83406City Hall:(208) 612-4000 www.cityofammon.usPage|1 Ammon City Council 09.02.2021Page 11 of 42 Mountain River Veterinary Hospital Animal Services Contract Agreement THIS AGREEMENT is entered into this _____ day of ____________________,2021 by and between Mountain River Veterinary Hospital, hereafterMRVH, and City of Ammon,, hereafter City, a municipal political subdivision of the State of Idaho. WHEREAS, the City of Ammon has a statutory obligationto promote the health, safety, general welfare, and quality of life for the residents ofthe City of Ammon; WHEREAS, the City of Ammon has adopted ordinancesto restrict and enforce ownership and management of domestic animals, including pets, withinthe community; and WHEREAS, the City of Ammon has no facilities forthe impoundment and humane management of animals when such measures are required by ordinance;and WHEREAS Mountain River Veterinary Hospital (MRVH)has such facilities, located at 3745 E County Line Rd in Rigby, and is willing to supplyimpoundment and adoption services for animals secured a ‡mf *n‡ zk !wwzx .xkz„bfwfx‡ Akknbf„ à z„ ‡mf)zxxfnvvf *zˆx‡ Lmf„nkk¯ Akknbf Yb‡nxl zx afmYvkzk the City of Ammon; NOW, THEREFORE, in consideration of the mutual covenantsherein expressed, the parties agree as follows: 1.Scope of Services.MRVH agrees to provide the servicesas described in Exhibit A. 2.Indemnification.MRVH agrees to indemnify, defend,save, and hold harmless the City of Ammon, its officers, employees, agents, and assignsfrom any and all claims and causes of Yb‡nzx Žmnbm wY Y„n f zˆ‡ zk >KS5¯ fwvzwfx‡ª zf„Y‡nzxªbzx‡Ynxwfx‡ zk YxnwYv ª z„ maintenance of its facilities in connection with thisAgreement. MRVH shall have its own liability insurance policy (minimum liability coverageof $500,000.00) and workers compensation policy in place prior to entry of thisAgreement and continue to maintain the same throughout the duration of this Agreement. MRVHand its employees are not employees of the City of Ammon. 3.Compensation.6x xz ffx‡ Žnvv ‡mf Yll„flY‡f zk >KS5¯ f„nbf fbffd ÖáÞªÞÞÞ­ÞÞ annually without the written authorization from theCity of Ammon. MRVH will invoice the City annually, quarterly, or monthly for payment ofthe contract services. 4.Reporting.MRVH will send a monthly and/or quarterlyreport for services rendered. Reports will reflect any reimbursements by the owners or claimants.The report shall identify the Enforcement Officer(s), Agent of the City of Ammon,or citizen responsible for delivering the YxnwYv ‡z >KS5 kYbnvn‡nf ­ Mmf „fz„‡ mYvv nxbvˆdfªaˆ‡ xz‡ af vnwn‡fd ‡zª ‡mf knxdf„¯ address, date, description of animal, where the animalwas found, term of impoundment and disposition of the animal. 5.Billing Outside Entities.Under no circumstancesdoes this contract prohibit MRVH from billing entities for animal care services that arenot included in this contract. 6.Term of Agreement.The term of this Agreement shallbe for one year from October 1, 2021 through September 30, 2022. This Agreement shallbe deemed automatically renewed annually unless terminated according to the terminationprocedures of this agreement. 7.Termination and Amendment of Agreement.In the eventeither party desires to amend the terms of the agreement or terminate the agreement,written notice of such intent for either party must be given and received within a ninety (90)day time frame to the other party. Ammon City Council 09.02.2021Page 12 of 42 8.Independent Contractor.The parties agree that MRVH is the independent contractor of City of Ammon and in no way an employee or agent of City of Ammon and is not entitled to workers compensation or any benefit of employmentwith the City of Ammon. City of Ammon shall have no control over the performance ofthis Agreement by MRVH or its employees, except to specify the time and place ofperformance, and the results achieved. 9.Workers Compensation.>KS5 mYvv wYnx‡Ynx nx kˆvvkz„bf Yxd fkkfb‡ Žz„uf„ ¯ bzwfx Y‡nzx for MRVH and any agents, employees, and staff thatthe MRVH may employ, and provide „zzk ‡z *n‡ zk !wwzx zk ˆbm bzf„Ylf z„ ‡mY‡ ˆbmŽz„uf„¯ bzwfx Y‡nzx nx ˆ„Yxbf n not required under the circumstances. 10.Compliance with Laws.MRVH agrees to comply withall federal, state, city and local laws, rules and regulations. 11.Entire Agreement.This is the entire agreement ofthe parties and can only be modified or amended in writing by the parties. 12.Attorney Fees.Reasonable attorney fees shall beawarded to the prevailing party in any action to enforce this Agreement or to declare forfeitureor termination of this Agreement. 13.Anti-Boycott.MRVH hereby certifies that they arenot engaged in and will not engage in, for the duration of the contract, any boycott of goodsor services with the country of Israel. IN WITNESS WHEREOF, Mountain River Veterinary Hospitaland the City of Ammon have caused this Agreement to be signed by their authorized representatives. DATED this _____ day of _________________________,2021 CITY OF AMMONMOUNTAIN RIVER VETERINARY HOSPITAL _____________________________________________________________ By:By: Mayor of the City of AmmonExecutive Director Attested to by: ______________________________________________________________ By:By: Ammon City ClerkManager Ammon City Council 09.02.2021Page 13 of 42 EXHIBIT A Scope of Services 1.Utilization of MRVH Facilities.MRVH shall make availabletheir facilities and services to the City of Ammon under the terms of this agreement. 2.Impoundment Services.MRVH will provide impoundmentservices for animals found within the *n‡ zk !wwzx Yxd ‡„Yx z„‡fd ‡z ‡mf >KS5 dˆ„nxl „flˆvY„aˆ nxf mzˆ„ Â>zxdY ½ 3„ndY 8:00 a.m. to 5:00 p.m.). MRVH will make arrangementsfor the City of Ammon or Bonneville County acting as agent for the City of Ammon to effectafter hour drop off of animals at MRVH. MRVH shall follow the Guidelines for Standard of Carein Animal Shelters by the Association of Shelter Veterinarians. 3.Procedures for Impoundment Intake Services. A.Identify Animal.Animal must be scanned for microchips,vaccinated (Parvo/Distemper and Bordetella), and dewormed if needed upon intake.(May be delayed for fractious animals.) B.Post Online.Upload pictures of stray animals to socialmedia/websites. C.Animals with Identification: 1.Identify and contact the owner as soon as possible. 2.If unable to make contact with the owner, send certifiednotice of impoundment to the last known address. 3.Begin the five (5) calendar day holding period onthe day after the notice was sent. 4.The animal may be adopted out on day six (6). D.Animals without Identification: 1.Hold for three (3) business days. 2.Adoption procedures may occur on the fourth (4th)business day. 4.Procedure for Releasing Animals to Owners: A.Ammon Dog License.All dogs must be licensed by theCity of Ammon prior to being released to an owner living within Ammon City Limits.A license is required for all dogs four (4) months and older. MRVH will issue the doglicense after the City of Ammon has received payment and licensing information. B.Microchip Animal.All animals must be microchippedprior to release. C.Rabies Vaccination.Proof of rabies vaccination mustbe obtained for all dogs four (4) months and older. If the owner cannot produce proof,rabies vaccination must be administered prior to releasing. D.Spay/Neutering.Animals that have been impoundedthree (3) times must be spayed/neutered on the third impound at the owner'sexpense, prior to release. MRVH may consider applying boarding fees to help offsetthe cost of surgery, at their sole discretion. Owner must prepay spay/neuter surgeryprior to scheduling, unless otherwise arranged by MRVH. E.Owner/Claimant Responsible.Owners or claimants areresponsible for all services provided to their animal and no animal shall be releasedto its owner or claimant until the owner or claimant has paid all fees associatedto MRVH. 5.Adoption Program.MRVH shall attempt to adopt outall eligible dogs and make all reasonable efforts to find placement for adoptable animals. A.Adoptable Animal.6k Yx ˆbm YxnwYv n dffwfd °Ydz‡Yavfª±Yk‡f„ ‡mf ‡m„ff Âáà dY hold period, by the staff of MRVH, the MRVH reservesthe right to effect such adoption zk‡mf YxnwYv Y‡ ‡mf bvnxnb¯ dn b„f‡nzx Yxd „f‡YnxYvv Ydz‡nzx kff ­ B.Evaluation for Adoption.If an animal is not reclaimed,each animal will be evaluated to determine if the animal is suitable for adoption orrescue. This evaluation may be conducted by MRVH or by the City of Ammon. C.Spay/Neuter.Dogs that are eligible for adoptionmust be spayed/neutered, have all vaccinations, and receive a microchip. Ammon City Council 09.02.2021Page 14 of 42 D.Ammon Dog License.If returning to a location within Ammon City Limits, each dog must have a City of Ammon dog license. E.Adoption Transfers. Transfer of any adoptable animalto partnering animal shelters or organizations is encouraged. 6.Routine Veterinary Care as Needed.MRVH shall provideemergency/injured animal supportive care provided by a staff veterinarian up to $200 perincident. At the sole discretion of MRVH, treatment beyond supportive care may be provided. 7.Animal Bite Quarantine.Following the Idaho RabiesProtocol, MRVH shall do the following to quarantine an animal that has bitten an individual.Only animals that have bitten a person and broken skin will be quarantined. 1.Quarantine for ten (10) days beginning on the daythe bite occurred. 2.No animal vs. animal quarantine. 3.Complete post quarantine exam prior to releasing animal. 4.Follow protocol for releasing animals to owners. 8.Disposition of Animals and Humane Euthanasia.Asa last resort to adoption, humane euthanasia may be used upon authorization from theAmmon Code Enforcement Officer, pursuant to Idaho Code 25-3501 f‡­ fƒ­. The followingprocedures must be followed prior to euthanasia. A.Evaluation.If an animal is not reclaimed, evaluateand determine if it is suitable for adoption or rescue. B.Aggressive Animals.Aggressive animals and those thatpose a threat to public safety may be euthanized when the stray hold is up and afterevaluation from the Ammon Officer. C.Objective of 90% Release Rate.City of Ammon and MRVHstrive to achieve an estimated 90% live release rate and to avoid any unnecessaryeuthanasia. Our goal is to find homes for adoptable animals and continue building trustin the community for our adoption program. D.Disposition of Animals.Disposition of animals mayproceed only after such animals have exceeded the impoundment time specified by the Cityof Ammon and upon order of the City of Ammon Enforcement Officer(s) or upon orderof the court. 9.Owner-Surrendered Animals.MRVH shall provide intakeand housing for owner-surrendered animals. Services for owner-surrendered animals arenot encouraged nor advertised and are considered a last resort only. At their sole discretion,MRVH may charge a fee for owner-surrendered animals to compensate for care,boarding, veterinary services. 10.Intake and Care of Cats.MRVH shall only intake sickor injured stray cats if delivered by the City of Ammon. No owner-surrendered cats are permittedby this contract. 11.Trap-neuter-release (TNR) Program.Feral communitycats may be captured by a volunteer and delivered to MRVH for spay/neuter services and subsequentlyreturned to the trapped location. For cats receiving TNR treatment, the following proceduresapply: A.Ear Tip, Vaccinations, Microchip. TNR cats receivean ear tip on the left ear,FVRCP vaccination, rabies vaccination, and microchip. B.Minimal Costs. It is the intention of the City ofAmmon to incur the minimal reasonable cost for TNR services. 12.Criminal Cases and Seized Animals.Any open criminalinvestigation involving animals or seized animals in connection to an open criminal case willbe held until the courts have determined disposition. Animal forensic exams/reports may berequired and rendered as needed. 13.Deceased Animal Disposal.Deceased animals foundwithin Ammon City Limits will be held for seven (7) calendar days prior to any disposal. Ammon City Council 09.02.2021Page 15 of 42 o o o o Ammon City Council 09.02.2021Page 16 of 42 10-11-1: City Divided Into Zones 10-11-2: Map - A Part of Ordinance 10-11-3: Application of Zone Regulations 10-11-4: Siting of Manufactured Homes Ammon City Council 09.02.2021Page 17 of 42 Ammon City Council 09.02.2021Page 18 of 42 (RMH Ammon City Council 09.02.2021Page 19 of 42 Ammon City Council 09.02.2021Page 20 of 42 Ammon City Council 09.02.2021Page 21 of 42 Ammon City Council 09.02.2021Page 22 of 42 Ammon City Council 09.02.2021Page 23 of 42 Ammon City Council September 2, 2021 Mayor Coletti and City Councilmembers: Home Occupation License Adjustments Staff Presenting: Kristina Buchan, City Clerk Recommendation -Staff recommends adopting the proposed changes toHome Occupation and Bartender Licences Summary of Analysis ß­NdY‡f *zdf ‡z YvvzŽ zxf zˆ‡ ndf fwvzff Y‡ mzwfzbbˆY‡nzx bmnvdbY„f °Y‡ Yx ‡nwf± 2.Adds language that requires businesses to follow allregulations within the Chapter and others 3.Transitions bartender license to a two-year renewalcycle 4.Clarifies who is required to be licensed Financial Impact -There will be no financial impact, fees may be adjustedat a future date Motion Use script provided by Clerk Attachments: 1.Chapter 13 2.Chapter 14 2135 South Ammon Rd., Ammon, Idaho 83406City Hall:(208) 612-4000 www.cityofammon.usPage|1 Ammon City Council 09.02.2021Page 24 of 42 Ammon City Council 09.02.2021Page 25 of 42 Ammon City Council 09.02.2021Page 26 of 42 Ammon City Council 09.02.2021Page 27 of 42 Ammon City Council 09.02.2021Page 28 of 42 Ammon City Council September 2, 2021 Mayor Coletti and City Councilmembers: Lease of Water Rights from City of Pocatello in Compliancewith the Final Settlement Agreement with the Surface WaterCoalition (SWC) Staff Presenting: Micah Austin, City Administrator Recommendation Approve agreement as presented. Direct Staff to research alternative options to meetingthe obligations of the Final Settlement Agreement Summary of Analysis 1.According to the Final Settlement Agreement with theSurface Water Coalition, the City of Ammon is required to mitigate its groundwater impactsto avoid curtailment of groundwater pumping. 2.For the past three years, the City of Ammon has paidthe City of Pocatello approximately $8,951 to lease water owned by the City of Pocatello in PalisadesReservoir. This agreement requires those portions of water rights to be retained in thereservoir, rather than utilized through the surface water network. By retaining the water inthe reservoir, aquifer recharge is achieved, thereby satisfying the requirement of the obligationsof the Final Settlement Agreement. 3.The total mitigation cost in this agreement is $29,662.50.This cost increase is due to updating the pumping data for the last several years. Thereduced charge in past years did not reflect current pumping data. The 2021 mitigation chargereflects pumping data as of May 26, 2021. 4.With the significant increase in cost, staff is recommendingthe City Council seek out options for future years that would be financially sustainableover time. Financial Impact oThe total cost for groundwater mitigation for 2021,according to this agreement, is $29,662.50. This cost may be different in 2022. o This expense will be charge to the Water Fund. Motion °6 wzf ‡z Y„zf ‡mf TY‡f„ Knlm‡ =fY f !l„ffwfx‡Žn‡m ‡mf *n‡ zk HzbY‡fvvz nx ‡mf Ywzˆx‡ zk Öàçªääà­äÞ­± Attachments: 1.Letter to Rob Harris from Somach Simmons and Dunn 2.Final Water Rights Lease Agreement 3.Exhibit 2 4.City of Ammon well pumping data 5.WMIS Pumping Data 2135 South Ammon Rd., Ammon, Idaho 83406City Hall:(208) 612-4000 www.cityofammon.usPage|1 Ammon City Council 09.02.2021Page 29 of 42 Sent via Electronic Mail to: Ammon City Council 09.02.2021Page 30 of 42 Ammon City Council 09.02.2021Page 31 of 42 WATER RIGHTS LEASE AGREEMENT ThisLeaseAgreementismadeandenteredintobetweentheCITYOFPOCATELLO,a municipalcorporationofIdahowhoseaddressisP.O.Box4169,Pocatello,Idaho83205, hereinafterreferredtoas“Pocatello”or“Lessor”,andCITYOFAMMONamunicipal corporationofIdaho,whoseaddressis2135AmmonRoad,Ammon,Idaho83406,hereinafter referred to as “Lessee”: 1.Purpose.LesseedesirestoleasestoragewaterfromLessorforthepurposesofsupplying aportionofthemunicipalmitigationandrechargeobligationspecifiedintheSettlement AgreementBetweentheSurfaceWaterCoalition,ParticipatingMembersoftheIdaho GroundWaterAssociation,andSignatoryCities(“FinalSettlementAgreement”)andas providedforintheESPACityAgreementforAllocationofMitigationObligationsunder Final Settlement Agreement (“City Mitigation Agreement”). 2.Term.ThetermofthisLeaseshallbeSeptember1,2021-August31,2022(forthe 2020-2021wateraccountingyear),commencinguponexecutionofthisLease Agreement, and terminating on August 31, 2022. 3.LeasedProperty.PursuanttoExhibit2totheCityMitigationAgreement,Lessorhereby 1 leasestoLesseeandLesseeherebyleasesfromLessor764.5acre-feetofLessor's PalisadesstoragewaterrightunderContractNo.14-06-100-1825.Pursuanttotheterms describedinparagraph4,andtheamountsreflectedinExhibit2,thetotalamountowed by Lessee is$29,662.60. 4.RentandFees.TheLesseeagreestopayrentforstoragewaterandcertainfees(someof whicharesetforthinthe2021WaterDistrict1RentalPoolProcedures(the“RentalPool Rules”)), in the following amounts: a.The rent for the leased water is $25.00 per acre-foot($19,112.50). b.The fees for this Lease are: i.$2peracre-footfortheCityofPocatello’sadministrativecosts(foratotal of $1,529.00); ii.The“AdministrativeFee”(definedunderRentalPoolRule2.3)of$1.30 per acre-foot (for a total of $993.85) charged byWater District 1; 1 The volume of mitigation for which Lessee is responsibleto satisfy its proportional amount of the Final Settlement Agreement is determined by the allocation methodsreflected in Exhibit 2 to the City Mitigation Agreement. WATER RIGHTS LEASE AGREEMENTPage1 City of Ammon Ammon City Council 09.02.2021Page 32 of 42 iii.The“BoardSurcharge”(definedunderRentalPoolRule2.9)chargedby theIdahoWaterResourceBoard(“IWRB”)(foratotalof$1,911.25) which is equal to 10% of the total rental price; iv.$8peracre-foottobepaidtoIWRBforconveyancecostsassociatedwith IWRB’srechargeeffortsformunicipalitiesundertheFinalSettlement Agreement (for a total of $6,116.00). PaymentoftheaboverentsandfeesfromLesseeshallbereceivedbyLessoronorbefore October 1, 2021. c.AnyrentoradministrativefeesnotpaidbyOctober16,2021shallbearinterestat the rate of 12% per annum until paid. d.WhilefixedforthetermofthisLease,therentandfeesaresubjecttochangein the future at the discretion of the responsible entity. 5.Conditions of Lease. This Lease Agreement shall besubject to the following conditions: a.Lessee shall pay the annual agreed upon price to Lessorfor the leased water. b.LesseeagreesthattheleasedamountshallbeassignedbacktotheCityforthe purposes of recharge as described in paragraph 5.c. c.Lessor shall ensure the leased amount is made availableto IWRB for recharge. i.However,andnotwithstandingtheforegoing,Lessorisreleasedfrom ensuringtheleasedamountismadeavailabletoIWRBforrechargeinthe eventofanActofGod,orasaresultofactionsbytheBOR,the CommitteeofNineortheWaterDistrict01imposingrestrictionson Lessor’s use of its storage water. ii.IfsuchconditionsarisemakingitimpossibleforLessortoensureIWRB rechargeoftheleasedamount,LessorshallreturnanyoftheLessee’s funds collected pursuant to this Lease Agreement. d.ThisLeaseAgreementshallbecontingentuponanyapprovalsoftheCommittee ofNine,WaterDistrict01,IDWR,BOR,oranyotherentityasmayberequired by state or federal law. 6.Non-UsebyLessor.Lessorcovenantsthatitwillnotdivertorotherwiseutilizethewater leased to Lessee pursuant to this Lease Agreementduring the term of this Lease. 7.UsebyLessee.DuringthetermofthisLease,Lesseewillnotdivertorutilizetheleased water except for recharge as provided for under theFinal Settlement Agreement. WATER RIGHTS LEASE AGREEMENTPage2 City of Ammon Ammon City Council 09.02.2021Page 33 of 42 8.RepresentationsbyLessor.Lessorcovenantsandrepresentsthatitisthetrueandlawful ownerofthewaterrightwhichisthesubjectofthisLeaseAgreement,thatthiswater righthasnotlapsed,beenabandoned,orforfeited,eitherinwholeorinpart,andthat nothingrestrictsorprecludesLessorfromenteringintothisLeaseAgreementandLessee utilizing the described water right. 9.Breach.IntheeventeitherpartybreachesthisLeaseAgreementandsuchdefaultsare notcuredwithinthirty(30)daysafterreceiptofwrittennoticethereof,thenon-breaching party, at their option, may elect any or all of thefollowing cumulative remedies: a.To terminate this Lease Agreement; b.To seek specific performance of this Lease Agreement; c.To recover any damages arising out of the breach; d.To pursue any and all other remedies under Idaho lawby reason of such breach. 10.Assignment.Excludingeffectiveassignmentthatmightoccurpursuanttoparagraph4of theCityMitigationAgreement,thisLeaseAgreementmaynotbeassignedbyLessee without the express written consent of Lessor. 11.ChoiceofLaw.ThetermsandprovisionsofthisLeaseAgreementshallbeconstruedin accordancewiththelawsoftheStateofIdaho.Anyrequiredmediationandarbitration shalloccurinBannockCounty,Idaho.Jurisdictionandvenueforanylitigationshallbe in the District Court of the State of Idaho in BannockCounty. 12.AttorneyFees.IntheeventofanyarbitrationorlitigationoverthisLeaseAgreement,the prevailing party shall be entitled to recover reasonableattorney fees and costs. 13.BindingEffect.ThisLeaseAgreementshallbebindingupontherespectiveheirs, successors and assigns of the parties. 14.Notice.AllnoticesunderthisLeaseAgreementshallbedeemedtobeproperlyservedif sentbycertifiedmailtothelastaddresspreviouslyfurnishedbythepartieshereto.Until hereafter changed by written notice, said addressesshall be as follows: LESSOR:City of Pocatello Attn: Legal Dept. P.O. Box 4169 Pocatello, ID 83205 LESSEE:City of Ammon Attn: City Attorney 2135 Ammon Road WATER RIGHTS LEASE AGREEMENTPage3 City of Ammon Ammon City Council 09.02.2021Page 34 of 42 Ammon, Idaho 83406 Noticeshallbecompleteuponreceipt,unlesstherecipientignoresorrefusestosignfor thecertifiedletter,inwhicheventnoticeshallbedeemedtohavebeencompletedonthe first attempted delivery by the United State PostOffice. / / DATED this ___ day of ________ 2021. LESSEE:LESSOR: CITY OF AMMON, IDAHOCITY OF POCATELLO, IDAHO By:______________________________By:_____________________________ _________________________, MayorBrian C. Blad, Mayor Attest:___________________________Attest:___________________________ Konni Kendell, City Clerk Printed Name: ________________ Title: _______________________ WATER RIGHTS LEASE AGREEMENTPage4 City of Ammon Ammon City Council 09.02.2021Page 35 of 42 WATER DISTRICT #1 RENTAL POOL – PRIVATE LEASE APPLICATION FOR STORAGE CITYOFPOCATELLO(Lessor)agreestolease764.5acre-feetofstoragetoCITYOF AMMON(Lessee)forthe2021irrigationyearatapriceof$25.00peracre-footaccordingtothe rules and regulations contained in the Water District#1 Rental Pool Procedures. Description of Lease: The purpose for which the storage will be put touse: _____________________________ Point-of-Diversion for leased storage: _________________________________________ Place-of-use for leased storage: ______________________________________________ *LesseehasuntilNovember30thoftheyearofrequesttoassignapointofdiversion.Ifthe waterisnotassignedandusedonorbeforeNovember30th,anyunusedorunassignedstorage will revert back to the Lessor. Ifthepurposeforwhichthisleasedstoragewillbeputtouseisirrigation,theLessee,by checkingthisbox,certifiesthattheplace-of-useforthisleasedstoragehasaprimaryirrigation waterrightappurtenanttosaidlandandwaslegallyirrigatedpriortothe2021Irrigationyear . . . or . . .hadapprovedstoragerentalsorprivateleasesappliedtothisplace-of-useinanyyearfrom 2006through2020.FailuretomeettheseconditionscontainedinRule3.5oftheRentalPool Procedures may be grounds for denying the application. Signature of Lessee______________________________Date____________________ Printed Name: ___________________________ Title:___________________________ WD#1 Rental Pool Procedures-Private Lease Applicationfor StoragePage1 City of Ammon Ammon City Council 09.02.2021Page 36 of 42 Ifthereservoirstoragesystemfailstofillintheseasonfollowingtheyearleased,theLessor’s storageallocationshallbereducedbytheamountleasedtooffsetanyimpactstoother spaceholders’storageaccrualsaccordingtotheapprovedWaterDistrict#1RentalPool ProcedurespursuanttoIdahoCodeSection42-1765.TheLessorunderstandstheneteffectof thisruleistomakeanamountoftheLessor’sspace(equaltotheamountleased)last-to-fillin the reservoir system for the irrigation season followingthe lease. Signature of Lessee_____________________________Date____________________ Printed Name: ___________________________ Title:___________________________ ****Thisleaseapplicationisgoodforone(1)irrigationyearonly.Anewapplicationmustbe submitted every year in which the storage is intendedto be leased and used. _______(Lesseeinitials)AnIdahoWaterResourcesBoardsurcharge(10%ofthepurchase price)plusa$1.30peracre-footadministrativefeemustbereceivedbyWaterDistrict#1priorto the approval of the storage lease. û û û û û û û û û û û û û û û û û û û û û û û û ûû û û û û û û û û û û û û û û û û û û û û û û û ûû û û û û ÂAkknbnYv ˆ f zxvÃ Date Application Received with by Watermaster: ________________________________________ Application Approved by Watermaster:_____YES _____YES (with Delivery Conditions) _____No Watermaster Signature: ______________________________________________ WD#1 Rental Pool Procedures-Private Lease Applicationfor StoragePage2 City of Ammon Ammon City Council 09.02.2021Page 37 of 42 WD#1 Rental Pool Procedures-Private Lease Applicationfor StoragePage3 City of Ammon Ammon City Council 09.02.2021Page 38 of 42 Ammon City Council 09.02.2021Page 39 of 42 Ammon City Council 09.02.2021Page 40 of 42 Ammon City Council 09.02.2021Page 41 of 42 Qsfmjnjobsz!Esbgu Tqspol!Xbufs!Fohjoffst-!Jod/902303132 Ammon City Council 09.02.2021Page 42 of 42