Legals November 16, 2019

ORDINANCE NO. 592 ZONE CHANGE, ZC0003-19 AN ORDINANCE OF BONNER COUNTY, IDAHO, CITING ITS AUTHORITY, AND PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP OF BONNER COUNTY BY THE RECLASSIFICATION OF LANDS GENERALLY LOCATED IN SECTION 1, TOWNSHIP 54 NORTH, RANGE 6 WEST, BOISE MERIDIAN, BONNER COUNTY, IDAHO, FROM AGRICULTURAL/ FOREST 10/20 TO RURAL-5 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Bonner County Planning and Zoning Commission did hold a public hearing on October 17, 2019 on the file ZC0003-19, request for a change in zoning designation according to the requirements for such hearings set forth at Section 67-6509, Idaho Code, and at Title 12, Bonner County Revised Code; and WHEREAS, the Bonner County Planning and Zoning Commission did find that the zone change request ZC0003-19 is in accordance with the Bonner County Comprehensive Plan and did recommend to the Board of County Commissioners that the zone change request be approved; and WHEREAS, the Board of County Commissioners did hold a public hearing on November 13, 2019 on the file ZC0003-19 request for a change in zoning designation according to requirements of such hearings set forth at Section 67-6509, Idaho Code and at Title 12 of the Bonner County Revised Code; and WHEREAS, the Board of County Commissioners did find that the zone change request ZC0003-19 is in accordance with the Bonner County Comprehensive Plan. NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners that the following be and is hereby adopted as an ordinance of Bonner County, Idaho: SECTION 1: AUTHORITY This ordinance is adopted pursuant to authority granted to Bonner County at Chapter 65 of Title 67, Idaho Code. SECTION 2: AMENDING THE OFFICIAL ZONING MAP The Official Zoning Map of Bonner County, Idaho is hereby amended by the reclassification of the following described lands from Agricultural Forest 10/20 to Rural-5: A tract of land located in Section 1, Township 54 North, Range 6 West, B.M., Bonner County, Idaho, being described as follows: Beginning at the Southwest corner of "Aidan Acres", a platted and recorded subdivision, records of Bonner County, Idaho; thence N89°05'20"E, 1145.87 feet; thence S00°16'43"E, 898.81 feet; thence S89°16'02"W, 1145.63 feet to a point on the Washington-Idaho state line; thence N00°17'3 l "W along said state line, 895.22 feet to the point of beginning. Said Parcel #RP54N06W015410A containing approximately 23.59 acres. SECTION 3: EFFECTIVE DATE This ordinance shall be in full force and effect upon its passage, approval and publication in one (1) issue of the Bonner County Daily Bee Newspaper, and upon the entry of the above described zoning reclassification upon the Official Zoning Map or a Supplemental Zoning Map in accordance with the provisions set forth at Chapter 4 of Title 12 of the Bonner County Revised Code. Regularly considered, passed and approved as an ordinance of Bonner County, Idaho, done this 13th day of November, 2019, upon the following roll call vote: Chairman Jeff Connolly: Aye Commissioner Dan McDonald: Aye Commissioner Steve Bradshaw: Aye BONNER COUNTY BOARD OF COMMISSIONERS /s/Jeff Connolly, Chairman /s/Dan McDonald, Commissioner /s/Steve Bradshaw, Commissioner ATTEST: Michael Rosedale, Clerk By /s/Jesse Webster Clerk Date: November 13, 2019 SNP LEGAL 7390 AD#343346 NOVEMBER 16, 2019

ORDINANCE #289 City of East Hope 2019 GRANTING A FRANCHISE TO Kaniksu LLC, dba "KANIKSU NETWORKS". FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF FIBER OPTIC INTERNET FACILITIES WITHIN THE CITY OF EAST HOPE CITY OF EAST HOPE, COUNTY OF BONNER In the Matter of the Application of Kaniksu LLC, dba "Kaninksu Networks" (hereinafter referred to as "Grantee") for a franchise to locate, construct, operate and maintain poles, wires, underground cables and appurtenances over, under along and across road rights of way and public properties herein mentioned for the purpose of transmitting and distributing internet services, with the City of East Hope, State of Idaho (hereinafter referred to as "Grantor" or the "City") allowing them to construct, erect, operate, repair, replace, reconstruct and maintain poles, wires, coaxial and other cables, underground conduits, vaults, ducts, amplifiers, appliances, attachments and such other conductors and fixtures necessary for the proper maintenance and operation of a fiber optic internet system; over, under, along and across all of Grantor's rights of way and public property in the City of East Hope, State of Idaho; and WHEREAS, Grantee is engaged in the business of providing internet services to customers consistent with applicable laws and regulations, and Grantor has determined it is in the interest of persons and businesses in this jurisdiction to have access to Grantee's services; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAST HOPE, BONNER COUNTY, IDAHO, that Kaniksu LLC, dba "Kaniksu Networks", its successors and assigns, is hereby granted a Franchise for the purposes identified below and subject to the following terms and conditions: 1. GRANT Grantor hereby grants to Grantee, its successors and assigns, the right, power, privilege and authority to enter upon all public roads, rights of way, streets, alleys, public places or structures lying within the boundaries of Grantor and owned or maintained by Grantor, to locate, construct, operate, maintain, repair, and replace poles, wires, underground cables and all necessary or desirable appurtenances for the purpose of transmitting and distributing internet services. This Franchise shall allow for the placement of such facilities as may be necessary to provide or enhance service within the City and surrounding areas. 2. TERM The rights, privileges and franchise hereby granted to, and conferred upon the Grantee shall, unless this Franchise be sooner terminated as herein provided, extend for a term of 10 (TEN) years from the date of written acceptance hereof by the Grantee with the Grantee reviewing franchise agreement each year. 3. STANDARDS OF SERVICE TRIMMING/REMOVAL OF TREES. The right of Grantee to maintain its lines, facilities and appurtenances shall include the right, to cut, trim or remove any and all trees, brush or shrubs growing in, on, or hanging over any City roads, rights of way, streets, alleys or City property that interfere with or may interfere with Grantee's installations, including wires, poles, conduits or other apparatus of Grantee, its successors and assigns. However, such trimming or removal of trees shall comply with municipal ordinances and policies regarding the City's trees as may now exist or hereafter be adopted. RIGHT OF EXCAVATION. For the purpose of carrying into effect the privileges granted hereunder, Grantee is authorized at any time upon issuance and receipt of an encroachment permit approved by the City to make all necessary excavations in the public streets, alleys, roads, rights of way and public grounds within the franchised area, but such excavation shall be carried out with reasonable dispatch and with as little interference with or inconvenience to the rights of the public as may be feasible. Grantee shall restore all streets, alleys, roads, rights of way and public grounds to their original condition within five (5) working days. In case any obstruction caused by Grantee shall remain longer than five (5) days, or in case of neglect by Grantee to safeguard any dangerous places, Grantor may remove such obstruction or safeguard such dangerous places at the expense of the Grantee. When making such excavations grantee will comply with municipal ordinance or policies, including but not limited to, excavation and encroachment in public right of way, storm water, grading and street cut policies. Grantee further agrees to warrant the right of way repair for one year from the completion of the repair. CONDITIONS OF STREET OCCUPANCY. All transmission and distribution structures, poles, other lines and equipment installed or erected by Grantee pursuant to the terms hereof shall be located so as to cause minimum of interference with the proper use of Public Ways and with the rights and reasonable convenience of property owners who own property that adjoins any of such public ways. RESTORATION OF PUBLIC WAYS. If during the course of Grantee's construction, operation, or maintenance of the system there occurs a disturbance of any Public Way by Grantee, it shall, at its expense, replace and restore such Public Way to a condition reasonably comparable to the condition of the Public Way existing immediately prior to such disturbance. 4. NON-INTERFERENCE WITH EXISTING FACILITIES All construction, installation, repair or relocation of lines and appurtenances performed by Grantee along or under the roads, rights of way or properties subject to this Franchise shall be done in such a manner as not to interfere with the construction and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures located therein, nor with the grading or improvement of such roads, rights of way or other public property subject to this Franchise. 5. NECESSARY CONSTRUCTION MAINTENANCE BY GRANTOR The laying, construction, operation and maintenance of Grantee's lines and appurtenances authorized by this Franchise shall not preclude the Grantor, its agents or its contractors, from blasting, grading, excavating, or doing other necessary road work contiguous to the said lines and facilities of Grantee, provided that Grantee shall be given not less than five (5) days' notice of said blasting or other work, and provided further that the Grantor, its agents and contractors shall be liable for any damages, including any consequential damages to third parties, proximately caused by said work to any installations belonging to Grantee. 6. CONDUCT OF GRANTEE'S BUSINESS In carrying out the authorized activities under the privileges granted herein, Grantee shall meet accepted industry standards and comply with all applicable laws of any governmental entity with jurisdiction over its operations. Service shall be supplied to the Grantor and its inhabitants in accordance with the Grantee's rules and regulations and tariffs filed or hereafter filed with the appropriate regulatory body of this State having jurisdiction over the Grantee. 7. RIGHTS OF INGRESS/EGRESS To the extent permitted by law, the Grantee, its agents and employees, shall have the right and power of ingress and egress upon its customers' properties for the purpose of installing, servicing and maintaining its facilities, including the testing and reading of service meters. 8. VACATION OF PROPERTIES BY GRANTOR If, at any time, the Grantor shall vacate any road, right of way or other public property which is subject to rights granted by this Franchise, such vacation shall be Subject to the reservation of a perpetual easement in favor of Grantee for the purpose of operating and maintaining facilities lines as is set forth in Idaho Code section 50-311. 9. RELOCATION OF FACILITIES Grantor shall notify Grantee of any intended or expected requirement or request by the city to relocate Grantee's facilities as early as practicable, but not later than 90 days prior to any such relocation when the requirement or request could have been foreseen by that date. Grantor shall endeavor to cause any such relocation to be consistent with any applicable long-term development plan or projection of Grantor or approved by Grantor. If, at any time, the Grantor shall cause or require the alteration or the improvement (the "Improvement") of any sidewalk, bike path, bike pedestrian path, road, highway, right-of-way or right of way appurtenance wherein Grantee maintains facilities subject to this franchise for any purpose including but not limited to grading or regrading, planking or paving the same, changing the grade, altering, changing, constructing, repairing or relocating the same or by constructing drainage or sanitary sewer facilities, the Grantee upon written notice from the Grantor shall, with all convenient speed at Grantee's sole cost, change the location or readjust the elevation of its system including, but not limited to poles and underground facilities and other facilities so that the same shall not interfere with such work and so that such equipment and facilities shall conform to such new grades, routes or other modifications as may be established. The relocation of Grantee's facilities shall be at the sole expense of Grantee unless: (i) Grantor shall require Grantee to adapt or conform its systems, or any part thereof, or to in anyway alter, relocate or change its property to enable any other person, firm, corporation or entity (whether public or private), other than Grantor, to use the public ways. Grantee shall be entitled to reimbursement from the person, firm, corporation or entity desiring or occasioning such change, alteration or relocation. 10. PRESERVATION OF GRANTOR'S RIGHTS TO CONTROL The Grantor, in granting this Franchise, does not waive any rights which it may now have or may hereafter acquire with respect to road rights of way or other property of Grantor under this Franchise, and this Franchise shall not be construed to deprive the Grantor of any such powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the Grantor's roads, rights of way and other public property covered by this Franchise. 11. EMERGENCY REMOVAL BY GRANTOR The Grantor reserves the right to remove any such wires, poles, or apparatus ("Grantee's facilities) herein provided for in case of general conflagration or in other cases of extreme emergency where there is neither the time nor the opportunity for Grantee to perform such work. Grantor shall use reasonable care in the exercise of such emergency powers. Grantor shall indemnify and hold harmless the Grantee, its successors and assigns, against any and all property damage, personal injury, death, or other liability to third parties sustained as a result of the negligent exercise of such reserved emergency powers, and shall at its expense, restore Grantee's facilities removed as a result of such exercise. 12. NON-EXCLUSIVE FRANCHISE This Franchise shall not be deemed to be an exclusive Franchise. It shall in no manner prohibit the Grantor from granting other franchises of a like nature or franchises to other public or private utilities under, along, across, over and upon any of Grantor's roads, rights of way or other property of Grantor subject to this Franchise and shall in no way prevent or prohibit the Grantor from constructing, altering, maintaining or using any of said roads, rights of way, drainage structures or facilities, irrigation structures or facilities, or any other property of Grantor or affect its jurisdiction over such property to make all necessary changes, relocations, repairs, maintenance, etc., insofar as the Grantor may deem fit. 13. FORFEITURE If Grantee shall willfully violate or fail to comply with any of the provisions of this Franchise through willful and unreasonable neglect or willful and unreasonable failure to heed or comply with any notice given Grantee under the provisions of this grant, then Grantee shall forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the Grantor; provided, however, the Grantor shall give ninety (90) days' written notice of its intention to revoke or annul the Franchise during which period Grantee shall have the opportunity to remedy any breach. 14. EXPANSION OF GRANTEE'S FACILITIES Any facilities and appurtenances in streets, alleys, rights of way and public places, incidental to the franchise system, that have been, or are at any future time acquired, leased, or utilized in any manner by Grantee are there upon to be deemed authorized by and shall be subject to all provisions of this Franchise. 15. CHANGE OF BOUNDARIES OF GRANTOR Any subsequent additions or modifications of the boundaries of the Grantor, whether by annexation, consolidation or otherwise, to the extent permitted by law shall be subject to the provisions of this Franchise as to all such areas. Grantor shall notify Grantee of the precise scope of any change of boundaries and upon request provide Grantee current City maps reflecting changes to annexation. 16. PRIOR FRANCHISES SUPERSEDED This Franchise shall update and supersede all prior franchises heretofore granted to Kaniksu Networks or their predecessors, by Grantor, or its predecessors, and shall affirm, authorize and ratify all prior installations authorized by permits or other action not previously covered by this Franchise. 17. ASSIGNMENT OF FRANCHISE Grantee, its successors and assigns, may not sell, transfer, or assign this franchise without the express written consent of the City of East Hope. All provisions, conditions, regulations and requirements herein contained shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 18. EFFECT OF INVALIDITY The Franchise is granted pursuant to the laws of the state of Grantor relating to the granting of such rights and privileges by Grantor. If any article, section, sentence, clause, or phrase of this Franchise is for any reason held illegal, invalid, or unconstitutional, such invalidity shall not affect the validity of the Franchise or any of the remaining portions. The invalidity of any portion of this Franchise shall not abate, reduce, or otherwise affect any obligation required of Grantee. 19. FRANCHISE AS CONTRACT This Franchise shall have the effect of and shall be a contract between Grantor and Grantee and shall be the measure of the rights and liabilities of the Grantor as well as of Grantee. 20. EQUALITY OF FRANCHISE FEES AND COSTS Grantor shall assess a franchise fee of $500.00 per year. The franchise fee shall be paid by the Grantee to the Grantor within thirty (30) days of the end of each fiscal year (September 30th). The franchise fee paid by the Grantee will be in lieu of fees imposed by Grantor on Grantee in connection with issuance, maintenance, existence, continuation, or use of the franchise or the public rights of way governed hereby, granted pursuant to this document. 21. INSURANCE, and INDEMNIFICATION Insurance Requirements. Grantee shall maintain in full force and effect during the term of the Franchise, at its own cost and expense, Comprehensive General Liability Insurance in the amount of $1,000,000. Such insurance shall designate Grantor as an additional insured and provide proof to Grantor. Indemnification. Grantee agrees to indemnify, save and hold harmless, and defend Grantor, its officers, board members and employees, from and against any liability for damages and for any liability or claims resulting from property damage or bodily injury (including accidental death) which arise out of Grantee's construction, operation or maintenance of its system, including, but not limited to, reasonable attorneys' fees and costs. 22. ABANDONMENT OF FRANCHISE Grantee may at any time abandon the rights and authorities granted hereunder, provided that six (6) months' written notice of intention to abandon is given to Grantor. 23. MISCELLANEOUS The Grantee shall assume the cost of publication of this Franchise and the ordinance implementing the Franchise if passed by the City, as required by law. A bill for publication costs shall be presented to the Grantee by the City Clerk upon the Grantee's filing of acceptance and shall be paid at the time. 24. ACCEPTANCE OF FRANCHISE Grantee shall notify Grantor in writing of its acceptance of this Franchise within thirty (30) days of the approval of this Franchise by Grantor. PASSED AND APPROVED on this 12th day of November, 2019. City of East Hope Roll Call Vote: Tom Grimm: Aye Ian Barrett:_ Aye Lonna Bernard: Aye Debbie Field: Aye CITY OF EAST HOPE By: Vernon Fleisher, Mayor ATTEST: Christy Franck, City Clerk SNP LEGAL 7387 AD#343216 NOVEMBER 16, 2019

ORDINANCE #290 City of East Hope 2019 GRANTING A FRANCHISE TO WIRED OR WIRELESS, INC. FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF INTERNET FACILITIES WITHIN THE CITY OF EAST HOPE CITY OF EAST HOPE, COUNTY OF BONNER In the Matter of the Application of WIRED OR WIRELESS, INC. dba Air-Pipe (hereinafter referred to as "Grantee") for a franchise to locate, construct, operate and maintain poles, wires, underground cables and appurtenances over, under along and across road rights of way and public properties herein mentioned for the purpose of transmitting and distributing internet services, with the City of East Hope, State of Idaho (hereinafter referred to as "Grantor" or the "City") allowing them to construct, erect, operate, repair, replace, reconstruct and maintain poles, wires, coaxial and other cables, underground conduits, vaults, ducts, amplifiers, appliances, attachments and such other conductors and fixtures necessary for the proper maintenance and operation of a cable internet system; over, under, along and across all of Grantor's rights of way and public property in the City of East Hope, State of Idaho; and WHEREAS, Grantee is engaged in the business of providing internet services to customers consistent with applicable laws and regulations, and Grantor has determined it is in the interest of persons and businesses in this jurisdiction to have access to Grantee's services; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAST HOPE, BONNER COUNTY, IDAHO, that Wired or Wireless, Inc. dba Air-Pipe, its successors and assigns, is hereby granted a Franchise for the purposes identified below and subject to the following terms and conditions: 1. GRANT Grantor hereby grants to Grantee, its successors and assigns, the right, power, privilege and authority to enter upon all public roads, rights of way, streets, alleys, public places or structures lying within the boundaries of Grantor and owned or maintained by Grantor, to locate, construct, operate, maintain, repair, and replace poles, wires, underground cables and all necessary or desirable appurtenances for the purpose of transmitting and distributing internet services. This Franchise shall allow for the placement of such facilities as may be necessary to provide or enhance service within the City and surrounding areas. 2. TERM The rights, privileges and franchise hereby granted to, and conferred upon the Grantee shall, unless this Franchise be sooner terminated as herein provided, extend for a term of 10 (TEN) years from the date of written acceptance hereof by the Grantee with the Grantee reviewing franchise agreement each year. 3. STANDARDS OF SERVICE TRIMMING/REMOVAL OF TREES. The right of Grantee to maintain its lines, facilities and appurtenances shall include the right, to cut, trim or remove any and all trees, brush or shrubs growing in, on, or hanging over any City roads, rights of way, streets, alleys or City property that interfere with or may interfere with Grantee's installations, including wires, poles, conduits or other apparatus of Grantee, its successors and assigns. However, such trimming or removal of trees shall comply with municipal ordinances and policies regarding the City's trees as may now exist or hereafter be adopted. RIGHT OF EXCAVATION. For the purpose of carrying into effect the privileges granted hereunder, Grantee is authorized at any time upon issuance and receipt of an encroachment permit approved by the City to make all necessary excavations in the public streets, alleys, roads, rights of way and public grounds within the franchised area, but such excavation shall be carried out with reasonable dispatch and with as little interference with or inconvenience to the rights of the public as may be feasible. Grantee shall restore all streets, alleys, roads, rights of way and public grounds to their original condition within five (5) working days. In case any obstruction caused by Grantee shall remain longer than five (5) days, or in case of neglect by Grantee to safeguard any dangerous places, Grantor may remove such obstruction or safeguard such dangerous places at the expense of the Grantee. When making such excavations grantee will comply with municipal ordinance or policies, including but not limited to, excavation and encroachment in public right of way, storm water, grading and street cut policies. Grantee further agrees to warrant the right of way repair for one year from the completion of the repair. CONDITIONS OF STREET OCCUPANCY. All transmission and distribution structures, poles, other lines and equipment installed or erected by Grantee pursuant to the terms hereof shall be located so as to cause minimum of interference with the proper use of Public Ways and with the rights and reasonable convenience of property owners who own property that adjoins any of such public ways. RESTORATION OF PUBLIC WAYS. If during the course of Grantee's construction, operation, or maintenance of the system there occurs a disturbance of any Public Way by Grantee, it shall, at its expense, replace and restore such Public Way to a condition reasonably comparable to the condition of the Public Way existing immediately prior to such disturbance. 4. NON-INTERFERENCE WITH EXISTING FACILITIES All construction, installation, repair or relocation of lines and appurtenances performed by Grantee along or under the roads, rights of way or properties subject to this Franchise shall be done in such a manner as not to interfere with the construction and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures located therein, nor with the grading or improvement of such roads, rights of way or other public property subject to this Franchise. 5. NECESSARY CONSTRUCTION MAINTENANCE BY GRANTOR The laying, construction, operation and maintenance of Grantee's lines and appurtenances authorized by this Franchise shall not preclude the Grantor, its agents or its contractors, from blasting, grading, excavating, or doing other necessary road work contiguous to the said lines and facilities of Grantee, provided that Grantee shall be given not less than five (5) days' notice of said blasting or other work, and provided further that the Grantor, its agents and contractors shall be liable for any damages, including any consequential damages to third parties, proximately caused by said work to any installations belonging to Grantee. 6. CONDUCT OF GRANTEE'S BUSINESS In carrying out the authorized activities under the privileges granted herein, Grantee shall meet accepted industry standards and comply with all applicable laws of any governmental entity with jurisdiction over its operations. Service shall be supplied to the Grantor and its inhabitants in accordance with the Grantee's rules and regulations and tariffs filed or hereafter filed with the appropriate regulatory body of this State having jurisdiction over the Grantee. 7. RIGHTS OF INGRESS/EGRESS To the extent permitted by law, the Grantee, its agents and employees, shall have the right and power of ingress and egress upon its customers' properties for the purpose of installing, servicing and maintaining its facilities, including the testing and reading of service meters. 8. VACATION OF PROPERTIES BY GRANTOR If, at any time, the Grantor shall vacate any road, right of way or other public property which is subject to rights granted by this Franchise, such vacation shall be Subject to the reservation of a perpetual easement in favor of Grantee for the purpose of operating and maintaining facilities lines as is set forth in Idaho Code section 50-311. 9. RELOCATION OF FACILITIES Grantor shall notify Grantee of any intended or expected requirement or request by the city to relocate Grantee's facilities as early as practicable, but not later than 90 days prior to any such relocation when the requirement or request could have been foreseen by that date. Grantor shall endeavor to cause any such relocation to be consistent with any applicable long-term development plan or projection of Grantor or approved by Grantor. If, at any time, the Grantor shall cause or require the alteration or the improvement (the "Improvement") of any sidewalk, bike path, bike pedestrian path, road, highway, right-of-way or right of way appurtenance wherein Grantee maintains facilities subject to this franchise for any purpose including but not limited to grading or regrading, planking or paving the same, changing the grade, altering, changing, constructing, repairing or relocating the same or by constructing drainage or sanitary sewer facilities, the Grantee upon written notice from the Grantor shall, with all convenient speed at Grantee's sole cost, change the location or readjust the elevation of its system including, but not limited to poles and underground facilities and other facilities so that the same shall not interfere with such work and so that such equipment and facilities shall conform to such new grades, routes or other modifications as may be established. The relocation of Grantee's facilities shall be at the sole expense of Grantee unless: (i) Grantor shall require Grantee to adapt or conform its systems, or any part thereof, or to in anyway alter, relocate or change its property to enable any other person, firm, corporation or entity (whether public or private), other than Grantor, to use the public ways. Grantee shall be entitled to reimbursement from the person, firm, corporation or entity desiring or occasioning such change, alteration or relocation. 10. PRESERVATION OF GRANTOR'S RIGHTS TO CONTROL The Grantor, in granting this Franchise, does not waive any rights which it may now have or may hereafter acquire with respect to road rights of way or other property of Grantor under this Franchise, and this Franchise shall not be construed to deprive the Grantor of any such powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the Grantor's roads, rights of way and other public property covered by this Franchise. 11. EMERGENCY REMOVAL BY GRANTOR The Grantor reserves the right to remove any such wires, poles, or apparatus ("Grantee's facilities) herein provided for in case of general conflagration or in other cases of extreme emergency where there is neither the time nor the opportunity for Grantee to perform such work. Grantor shall use reasonable care in the exercise of such emergency powers. Grantor shall indemnify and hold harmless the Grantee, its successors and assigns, against any and all property damage, personal injury, death, or other liability to third parties sustained as a result of the negligent exercise of such reserved emergency powers, and shall at its expense, restore Grantee's facilities removed as a result of such exercise. 12. NON-EXCLUSIVE FRANCHISE This Franchise shall not be deemed to be an exclusive Franchise. It shall in no manner prohibit the Grantor from granting other franchises of a like nature or franchises to other public or private utilities under, along, across, over and upon any of Grantor's roads, rights of way or other property of Grantor subject to this Franchise and shall in no way prevent or prohibit the Grantor from constructing, altering, maintaining or using any of said roads, rights of way, drainage structures or facilities, irrigation structures or facilities, or any other property of Grantor or affect its jurisdiction over such property to make all necessary changes, relocations, repairs, maintenance, etc., insofar as the Grantor may deem fit. 13. FORFEITURE If Grantee shall willfully violate or fail to comply with any of the provisions of this Franchise through willful and unreasonable neglect or willful and unreasonable failure to heed or comply with any notice given Grantee under the provisions of this grant, then Grantee shall forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the Grantor; provided, however, the Grantor shall give ninety (90) days' written notice of its intention to revoke or annul the Franchise during which period Grantee shall have the opportunity to remedy any breach. 14. EXPANSION OF GRANTEE'S FACILITIES Any facilities and appurtenances in streets, alleys, rights of way and public places, incidental to the franchise system, that have been, or are at any future time acquired, leased, or utilized in any manner by Grantee are there upon to be deemed authorized by and shall be subject to all provisions of this Franchise. 15. CHANGE OF BOUNDARIES OF GRANTOR Any subsequent additions or modifications of the boundaries of the Grantor, whether by annexation, consolidation or otherwise, to the extent permitted by law shall be subject to the provisions of this Franchise as to all such areas. Grantor shall notify Grantee of the precise scope of any change of boundaries and upon request provide Grantee current City maps reflecting changes to annexation. 16. PRIOR FRANCHISES SUPERSEDED This Franchise shall update and supersede all prior franchises heretofore granted to GMS Cable or Wired or Wireless, Inc. or their predecessors, by Grantor, or its predecessors, and shall affirm, authorize and ratify all prior installations authorized by permits or other action not previously covered by this Franchise. 17. ASSIGNMENT OF FRANCHISE Grantee, its successors and assigns, may not sell, transfer, or assign this franchise without the express written consent of the City of East Hope. All provisions, conditions, regulations and requirements herein contained shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 18. EFFECT OF INVALIDITY The Franchise is granted pursuant to the laws of the state of Grantor relating to the granting of such rights and privileges by Grantor. If any article, section, sentence, clause, or phrase of this Franchise is for any reason held illegal, invalid, or unconstitutional, such invalidity shall not affect the validity of the Franchise or any of the remaining portions. The invalidity of any portion of this Franchise shall not abate, reduce, or otherwise affect any obligation required of Grantee. 19. FRANCHISE AS CONTRACT This Franchise shall have the effect of and shall be a contract between Grantor and Grantee and shall be the measure of the rights and liabilities of the Grantor as well as of Grantee. 20. EQUALITY OF FRANCHISE FEES AND COSTS Grantor shall assess a franchise fee of $500.00 per year. The franchise fee shall be paid by the Grantee to the Grantor within thirty (30) days of the end of each fiscal year (September 30th). The franchise fee paid by the Grantee will be in lieu of fees imposed by Grantor on Grantee in connection with issuance, maintenance, existence, continuation, or use of the franchise or the public rights of way governed hereby, granted pursuant to this document. 21. INSURANCE, and INDEMNIFICATION Insurance Requirements. Grantee shall maintain in full force and effect during the term of the Franchise, at its own cost and expense, Comprehensive General Liability Insurance in the amount of $1,000,000. Such insurance shall designate Grantor as an additional insured and provide proof to Grantor. Indemnification. Grantee agrees to indemnify, save and hold harmless, and defend Grantor, its officers, board members and employees, from and against any liability for damages and for any liability or claims resulting from property damage or bodily injury (including accidental death) which arise out of Grantee's construction, operation or maintenance of its system, including, but not limited to, reasonable attorneys' fees and costs. 22. ABANDONMENT OF FRANCHISE Grantee may at any time abandon the rights and authorities granted hereunder, provided that six (6) months' written notice of intention to abandon is given to Grantor. 23. MISCELLANEOUS The Grantee shall assume the cost of publication of this Franchise and the ordinance implementing the Franchise if passed by the City, as required by law. A bill for publication costs shall be presented to the Grantee by the City Clerk upon the Grantee's filing of acceptance and shall be paid at the time. 24. ACCEPTANCE OF FRANCHISE Grantee shall notify Grantor in writing of its acceptance of this Franchise within thirty (30) days of the approval of this Franchise by Grantor. PASSED AND APPROVED on this 12th day of November, 2019. City of East Hope Roll Call Vote: Tom Grimm: Aye Ian Barrett: Aye Lonna Bernard: Aye Debbie Field: Aye Mayor, Vernon Fleisher ATTEST: City Clerk, Christy Franck SNP LEGAL 7388 AD#343221 NOVEMBER 16, 2019

SUMMONS FOR PUBLICATION IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER JAMES S. ACKLIN and JOYCE E. ACKLIN Plaintiffs, JOHN DOES 1-10, Person unknown claiming any interest in ) the property described herein, Lots 1 and 2 ) Block 4 of Welty, according to the official ) plat thereof, filed in Book 1 of Plats at Page ) (s) 112, reords of Bonner County, Idaho, ) Defendants. CASE NO. CV09-19-1547 SUMMONS To: John Does 1-10 You have been sued by James S. Acklin and Joyce E. Acklin, the Plaintiffs, in District Court in and for Bonner County, Idaho, Case No. CV09-19-1547 The nature of the claim against you is a quiet title complaint. Any time after 21 days folowing the last publication of this summons, the court may enter a judgement against you without further notice, unless prior to that you have filed a written response in the proper form, including the Case. No., and paid any required fee to the Clerk of the Court at215 S. First Ave., Sandpoint, Idaho 83864, telephone # 208-265-1432 and served a copy of your response on the plaintiff's attorney at H. Thomas Vanderford, 320 N. Second Ave., Sandpoint, ID 83864, Telepphone #208-610-9765. A copy of the Summons and Complaint can be obtained by either the Clerk of the Court or the attorney for Plaintiffs. If you wish legal assistance, you should immediately retain an attorney to advise you in this matter DATED this 22nd day of October, 2019 CLERK OF THE DISTRICT COURT By:/s/ A. Augustine Deputy Clerk SNP LEGAL 7349 AD#337879 OCTOBER 26, NOVEMBER 2, 9, 16, 2019

NOTICE TO CREDITORS IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER MAGISTRATE DIVISION Case No. CV09-19-1570 IN THE MATTER OF THE ESTATE OF RAYMOND H. MUELLER, Deceased. NOTICE IS HEREBY GIVEN that VIOLA M. MUELLER has been appointed personal representative of the above named decedent. All persons having claims against the decedent or the estate are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated, and filed with the Clerk of Court. DATED this 4th day of November, 2019. _/s/J.TDiehl J. T. DIEHL Attorney for Personal Representative 106 West Superior Street Sandpoint, Idaho 83864 (208)263-8529 BCB LEGAL 7374 AD# 341566 NOVEMBER 9, 16, 23, 2019

NOTICE OF HEARING ON NAME CHANGE (Adult or Emancipated Minor) IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER IN RE:Janice Lynne Balison CASE NO. CV-09-19-1557 A Petition to change the name of Janice Lynne Balison, now residing in the City of Careywood, State of Idaho, has been filed in the District Court in Bonner County, Idaho. The name will change to Janice Lynne McUne. The reason for the change in name is: Divorce. A hearing on the petition is scheduled for 11 o'clock a.m. on December 4, 2019 at the Bonner County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date: October 21, 2019 JIM BRANNON, CLERK OF THE DISTRICT COURT By: /S/: Charity Hadley Deputy Clerk SNP LEGAL 7345 AD#337733 OCTOBER 26, NOVEMBER 2, 9, 16, 2019