Legals for March, 11 2022

STATE TIMBER SALE CR225076, LOWER HAZENDORF A public oral auction will be conducted at the Idaho Department of Lands office, 80 Hilltop Overpass Road, Kingston, ID 83839, at 10:00 a.m. local time, on Wednesday, March 16, 2022 for an estimated 5,955 MBF of timber marked or otherwise designated for cutting. In addition, there is an unestimated volume of forest products that may be removed at the option of the purchaser. Prior to bidding, eligible bidders shall present a certified check or bank draft payable to Idaho Department of Lands, or a bid bond acceptable to the State, in the amount of $207,671.30 which is 10% of the appraised net sale value of $2,076,713.00. The successful bidder's deposit will be forfeited to the State should the bidder fail to complete the contract. The State will not accept bids from parties who are delinquent on payments on existing state contracts. The average starting minimum bid price is $362.80 per MBF. The sale is located within Sections 9, 16, & 21, Township 49N, Range 02E, B.M., Shoshone County, State of Idaho. Sale duration is 4 years. The sale may include blowdown and/or insect and disease infected timber which may result in additional volume and recovery reductions. Interested purchasers should carefully examine the sale and make their own estimates as to volume recovery, surface conditions, and proposed construction prior to bidding on the sale. Additional information concerning the timber and conditions of sale is available to the public and interested bidders on the department's timber sale website at http://web.idl.idaho.gov/timbersale/Search.aspx or from the Idaho Department of Lands office, Kingston, Idaho. Please note purchaser insurance requirements posted on the timber sale website. The Department of Lands, as authorized by the State Board of Land Commissioners reserves the right to reject any and all bids provided that good and sufficient grounds for rejecting the bid shall be stated in the rejection notice and shall not be in violation of applicable law. If you are disabled and need some form of accommodation, please call (208) 682-4611 five days prior to the date of sale. For text telephone services, please call 1-800-377-3529. SHO LEGAL 4041 AD#513861 FEBRUARY 18, 25, MARCH 4, 11, 2022

CITY OF PINEHURST SHOSHONE COUNTY, IDAHO ORDINANCE NO. 2022-239 AN ORDINANCE GRANTING AVISTA CORPORATION, d/b/a AVISTA UTILITIES, A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE NONEXCLUSIVE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO LOCATE, CONSTRUCT, INSTALL, OWN, MAINTAIN, REPAIR, REPLACE, EXTEND, OPERATE AND USE FACILITIES IN, UPON, OVER, UNDER, ALONG, AND ACROSS THE FRANCHISE AREA FOR PURPOSES OF THE TRANSMISSION, CONTROL, SALE AND DISTRIBUTION OF ELECTRICITY AND GAS WITHIN THE CITY. Avista Corporation dba Avista Utilities ("Avista"), a Washington Corporation, which is authorized to do business within the state of Idaho, has filed with the City of Pinehurst, County of Shoshone, State of Idaho (the "City") a written application for a renewal of its Franchise to locate, construct, operate, maintain and use such poles, wires, plants, works, underground cables, pipelines, equipment and appurtenances over, under, along and across all of City's rights of way and public property in the City for the purposes of the transmission, control and distribution and sale of electricity and Gas; and the City has determined it is in the interest of persons and businesses in this jurisdiction to have access to Avista's services; THEREFORE, THE CITY OF PINEHURST DOES ORDAIN: SECTION 1.0 DEFINITIONS For the purposes of this Franchise the following terms, phrases, words and their derivations shall have the meaning given in this Section. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. Avista: means Avista Corporation, dba Avista Utilities, a Washington Corporation, and its respective successors, assigns, agents and contractors. City: means the City of KootenaiPinehurst, a political subdivision of the State of Idaho and a municipal corporation, and its respective successors, assigns, agents and contractors. Commission: means the Idaho Public Utilities Commission or such successor regulatory agency having jurisdiction over investor-owned public utilities in the State of Idaho. Days: means business days. Effective Date: means the date of legal publication of this Ordinance, upon which the rights, duties and obligations of this Franchise will come into effect, and the date from which the time requirement for any notice, extension and/or renewal will be measured. Electric Facilities: means, collectively, any and all electric transmission, and distribution systems and appurtenances owned by Avista, now and in the future in the Franchise Area, including but not limited to poles, towers, overhead and underground wires and cables, conduits, services, vaults, transformers, meters, meter-reading devices, fences, vehicular protection devices, communication and control systems and other equipment, appliances, fixtures, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing for the purposes of transmission, distribution, and control of electricity, whether the same be located above or below ground. Facilities: means, collectively, any and all Electric Facilities and Gas Facilities. Franchise: means the grant by the City of rights, privileges and authority embodied in this Ordinance. Franchise Area: means the surface and space above and below all public property and rights-of-way owned or held by the City, including, without limitation, rights-of-way for: *public roads, streets, avenues, alleys, bridges, tunnels, City-owned easements, and high ways that may hereafter be laid out, platted, dedicated, acquired or improved; and *all City-owned utility easements dedicated for the placement and location of various utilities, provided such easements would permit Avista to fully exercise the rights granted under this Franchise within the area covered by the easement; and. any other specifically designated City-owned property. Gas: means natural, manufactured, renewable and/or mixed gases. Gas Facilities: means, collectively, any and all gas transmission, and distribution systems and appurtenances owned by Avista, now and in the future in the Franchise Area, including but not limited to, Gas plants, Gas pipes, pipelines, mains, laterals, conduits, services, regulators, valves, meters, meter-reading devices, fences, vehicular protection devices, communication and control systems and other equipment, appliances, fixtures, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing for the purposes of transmission, distribution, storage and sale of Gas. Maintenance, maintaining, or maintain: means, without limit, repairing, replacing, upgrading, examining, testing, inspecting, and removing Avista Facilities, vegetation management, digging and excavating, and restoration of affected Right-of-way surfaces. Parties: means City and Avista collectively. Party: means either City or Avista individually. Person: means a business entity or natural person. Right-of-way: means the surface of and the space along, above, and below any street, road, highway, freeway, bridge, tunnel, lane, sidewalk, alley, City-owned utility easement and/or right-of-way now or hereafter held or administered by the City. State: means the State of Idaho. Tariff: means the rate schedules, rules, and regulations relating to utility service, filed with and approved by the Commission during the term of this Franchise in effect upon execution and throughout the term of this Franchise. SECTION 2.0 GRANT OF FRANCHISE 2.1 Grant City hereby grants to Avista the right, power, privilege and authority to enter upon all roads, Rights-of-way, streets, alleys, highways, public places or structures, bridges, tunnels, and City-owned easements lying within the Franchise Area to locate, construct, operate and maintain its Facilities for the purpose of controlling, transmitting and distributing electricity and/or Gas, as may be necessary to provide electric and/or Gas service. 2.2 Effective Date This Ordinance will be effective as of the date of approval, passage and publication as required by law. 2.3 Term The rights, privileges and Franchise granted to Avista will extend for a term of 25 years from the Effective Date, and shall continue year-to-year thereafter, until it is otherwise renewed for another twenty-five (25) year term, or terminated by either Party, with not less than 180 days prior written notice to the other Party. 2.4 Non-Exclusive Franchise This Franchise is not an exclusive Franchise. This Franchise shall not prohibit the City from granting other franchises within the Franchise Area that do not interfere with Avista's rights under this Franchise. City may not, however, award electric and/or Gas Franchise to another party under more favorable or less onerous terms than those of this Franchise without this Franchise being amended to reflect such more favorable or less onerous terms. 2.5 Notice of City's Intent to Compete with Avista In consideration of Avista's undertaking pursuant to this Franchise, the City agrees that in the event the City intends to engage in the business of providing Electric and /or Gas service during the life of this Franchise or any extension of this Franchise, in competition with Avista, the City will provide Avista with six (6) months' notice of such action. 2.6 Assignment of Franchise Avista shall have the right to assign its rights, benefits and privileges under this Franchise. Any assignee shall, within thirty (30) days of the date of any assignment, file written notice of the assignment with the City together with its written acceptance of all terms and conditions of this Franchise. As permitted by federal and state law and Commission regulation, Avista shall have the right, without notice to or consent of the City, to mortgage or hypothecate its rights, benefits and privileges in and under this Franchise as security for indebtedness. 2.7 Franchise Taxes, Fees and Costs Avista shall pay all permitting, license fees, costs and/or franchise fees which it might be required to pay in connection with the issuance, maintenance, existence, continuation, or use of this Franchise, to the extent permitted by state law or City ordinance now in effect or enacted during the term of this Franchise. Avista shall pay franchise fees as determined by Idaho Code Section 50-329A, as it may be amended from time to time; pursuant to I.C. § 50-329A, the franchise fee shall not exceed one percent (1%) of Avista's gross revenues derived from service to customers located within City. The City reserves the right to designate the time and manner of payment of such fees or costs owed by Avista in connection with this Franchise. To the extent that any Franchise fees or other costs are imposed on Avista, City shall impose equivalent charges, fees or costs upon any other franchisee in a comparable business or otherwise competing with Avista. SECTION 3.0 AVISTA'S OPERATIONS AND MAINTENANCE 3.1 Compliance with Laws, Regulations, Codes and Standards In carrying out any authorized activities under the privileges granted by this Franchise, Avista shall meet accepted industry standards and codes and shall comply with all applicable laws, regulations and ordinances of any governmental entity with jurisdiction over Avista's Facilities and operations in the Franchise Area. This includes all applicable, laws, regulations and ordinances existing as of the Effective Date or may be subsequently enacted by any governmental entity with jurisdiction over Avista's operations within the Franchise Area. The City shall have the right to make and enforce reasonable rules and regulations pertaining to the conduct of Avista's operations within the Franchise Area. Prior to the adoption by the City of any new rule, procedure or policy affecting Avista's operations under the Franchise, the City shall provide to Avista a written draft document for comment with a response period of not less than thirty days. Service shall be supplied to the City and its inhabitants in accordance with Avista's rules and regulations and Tariffs currently or subsequently filed with and approved by the Commission. 3.2 Facility Location by Avista and Non-Interference Avista shall have the discretion to determine the placement of its Facilities as may be necessary to provide safe and reliable electric and Gas service, subject to the following non-interference requirements. All construction, installation, repair or relocation of Avista's Facilities performed by Avista in the Franchise Area will be done in such a manner as not to interfere with the existing construction and maintenance of other utilities including, drains, drainage ditches and structures, irrigation ditches and structures located therein, nor with the grading or improvement of, and City-owned property within the Franchise Area. 3.3 Facility Location Information Avista shall provide the City, upon the City's reasonable request, Facility location information in electronic or hard copy showing the location of its Facilities at specific locations within the Franchised Area, to the extent such information is reasonably available. Avista does not warrant the accuracy of any such Facility location information provided and, to the extent the location of Facilities are shown, such Facilities may be shown in their approximate location. With respect to any excavations within the Franchise Area undertaken by or on behalf of Avista or the City, nothing stated in this Franchise is intended (nor shall be construed) to relieve either party of their respective obligations arising under the State one-call law with respect to determining the location of existing underground utility facilities in the vicinity of such excavations prior to commencing work. 3.4 Vegetation Management - Trimming/Removal of Trees/Vegetation Encroachment State law requires electric utilities to comply with the National Electric Safety Code, including the guidance in the Code for the trimming or removal of vegetation interfering or potentially interfering with energized power lines. The right of Avista to maintain its Facilities and appurtenances under this Franchise shall accordingly include the right, as exercised in Avista's professional discretion to minimize the likelihood that encroaching (either above or below the ground) vegetation can interfere with or limit access to Avista's Facilities, lead to power outages, or pose a threat to public safety and welfare. Avista or its agents may, without recourse or payment of compensation, inhibit or limit the growth of, prune, or remove any trees and vegetation which overhangs or encroaches upon its Facilities and/or Gas transmission and distribution corridors within the Franchise Area, whether such trees or vegetation originate within or outside of the Right-of-way. Nothing contained in this Section shall prevent Avista, when necessary from pruning or removing any trees which overhang the Franchise Area and may interfere with Avista's Facilities. Where practicable Avista will give reasonable advance notice to the City of Avista's intent to cut or remove trees from the Right-of-way. 3.5 Right of Excavation For the purpose of implementing the privileges granted under this Franchise, and subject to the conditions described herein, Avista is authorized to make any reasonably necessary excavations in, under and across the streets, alleys, roads, Rights-of-way and public grounds within the Franchise Area. Such excavation shall be carried out with reasonable dispatch and with as little interference with or inconvenience to the public as may be feasible. Avista shall remove all debris stemming from excavation and construction. The Right-of-way surface shall be restored by Avista to its original state of improvement after excavation, in accordance with applicable City and Avista specifications. 3.6 Emergency Work In the event of an emergency requiring immediate action by Avista to protect the public health and safety or for the protection of its Facilities, or the property of the City or other persons in the Franchise Area, Avista may immediately proceed with excavation or other Right-of-way work, with concurrent notice to the City to the extent possible. SECTION 4.0 RESERVATION OF CITY'S RIGHTS AND POWERS 4.1 Reservation of Right The City, in granting this Franchise, does not waive any rights which it may now have or may subsequently acquire with respect to road rights-of-way or other property of the City under this Franchise, and this Franchise shall not be construed to deprive the City of any such powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the City's roads, Rights-of-way and other public property covered by this Franchise. Nothing in the terms of this Franchise shall be construed or deemed to prevent the City from exercising at any time and any power of eminent domain granted to it under the laws of this State. 4.2 Necessary Construction/Maintenance by City The construction, operation and maintenance of Avista's Facilities authorized by this Franchise shall not preclude the City, its agents or its contractors, from grading, excavating, or doing other necessary road work contiguous to Avista's Facilities; provided that Avista shall be given not less than ten (10) business days' notice of said work, except in events of emergency when there exists an unforeseen and substantial risk or threat to public health, safety, welfare, or waste of resources, in which case the City will make reasonable efforts to contact Avista prior to doing said work; and provided further that the City, its agents and contractors, shall be liable for any damages, including any consequential damages to third parties, caused by said work to any Facilities belonging to Avista. 4.3 Expansion of Avista's Facilities Facilities in the City's Franchise Area that are incidental to the Franchise Area, or that have been, or are at any future time acquired, newly constructed, leased, or utilized in any manner by Avista shall be subject to all provisions of this Franchise. Change of Boundaries of the City Any subsequent additions or modifications of the boundaries of the City, whether by annexation, consolidation, or otherwise, shall be subject to the provisions of this Franchise as to all such areas. The City shall notify Avista of the scope of any change of boundaries not less than thirty (30) days prior to such change becoming effective or in accordance with applicable state laws, and shall affirm, authorize and ratify all prior installations authorized by permits or other action not previously covered by this Franchise. 4.5 Removal of Abandoned Facilities During the Term of this Franchise, or upon a revocation or non-renewal of this Franchise, the City may direct Avista to remove designated abandoned Facilities from the Franchise Area at its own expense and as soon as practicable, but only where such abandoned Facilities constitute a demonstrated threat to public health and safety. Avista shall not be required to remove, or pay for the removal of facilities it has previously abandoned to another franchisee, or utility under a joint use agreement, or person granted permission to access Avista's facilities. 4.6 Vacation of Properties by City If, at any time, the City 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 to Avista for the purpose of constructing, reconstructing, operating, repairing, upgrading and maintaining Avista's Facilities on the affected property. The City shall, in its vacation procedure, reserve and grant said easement to Avista for Avista's Facilities and shall also expressly prohibit any use of the vacated properties which will interfere with Avista's full enjoyment and use of said easement. 4.7 Pole Attachments by City City shall be permitted, upon reasonable notice to Avista to attach its traffic control fire and police communications signal cables to Avista's poles in the Franchise Area, provided that the City signs and meets all conditions of a Joint Use Master License Agreement ("Joint Use Agreement") with Avista. Per the Joint Use Agreement, Avista will not charge a pole rental fee for City's non-revenue producing pole attachments that are dedicated for the public's benefit. All pole attachments by the City are at the City's own risk and must be attached in strict accordance with standard safety practices, codes and Avista specifications. If there is not sufficient space available on Avista's structures such structures may be changed, altered, or rearranged at the expense of the City so as to provide proper clearance and capacity for City facilities. Such City facilities shall be subject to removal or repositioning by Avista at the City's expense to the extent necessary for utility worker safety and the proper construction, maintenance, operation or repair of Avista's Facilities and appurtenances. City assumes all responsibility for the installation and maintenance of City's facilities installed on Avista's Facilities. SECTION 5.0 RELOCATION OR CONVERSION OF AVISTA'S FACILITIES 5.1 Relocation of Facilities Requested by City Upon written request of the City, Avista shall relocate its Facilities as necessary within the Franchise Area or other City-owned property as specifically designated in design plans that are no less than sixty (60) percent complete by the City for such purpose. For purposes of this provision, all reasonable efforts shall be made by the City, with input from Avista, to minimize the impacts of potential relocation. The City shall provide Avista reasonable notice of any intended or expected requirement or request to relocate Avista's Facilities. Said notice shall not be less than ninety (90) calendar days prior to any such relocation and, depending on the circumstances, may be greater than one hundred twenty (120) calendar days if necessary to allow Avista sufficient time to arrange for relocation. In cases of emergency, or where not otherwise reasonably foreseeable by the City, the notice requirements of this Section may be shortened by discussion and agreement between the Parties. The City shall use reasonable efforts to cause any such relocation to be consistent with any applicable long-term development plan(s) of the City. If, at any time, the City shall cause or require the alteration or the improvement of any road, right of way or other public property which is subject to rights granted by this Franchise within the Franchise Area as specifically designated in design plans that are no less than sixty (60) percent complete by the City for such purpose., Avista shall, upon written notice from the City change the location or readjust the elevation of its system 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 or routes as may be established. In the event a relocation forces Avista off City's existing Public Right(s) of Way then the City shall accommodate such relocation by securing an acceptable, alternate location for utilities and removing any obstructions, including, without limitation, trees, vegetation, or other objects that may interfere with the installation, operation, repair, upgrade or maintenance of Avista's Facilities on the affected Property. If the City requires the subsequent relocation of any of Avista's Facilities within three (3) years from the date of relocation of such Facilities or installation of new Facilities, regardless of the cause for either the initial or subsequent relocation, the City shall bear the entire cost of such subsequent relocation. Avista agrees to relocate all Facilities promptly within a reasonable time. Upon notice from the City, the parties agree to meet and determine a reasonable relocation time, which shall not exceed the time normally needed for construction projects of the nature of the City's relocation request unless otherwise mutually agreed. Notwithstanding the above, Avista shall not be required to relocate facilities of other entities that were (i) granted access to Avista's Facilities through a Joint Use Agreement or (ii) abandoned to another franchisee. Such relocation of these types of facilities shall be in accordance with Section 5.2 below. This Section shall not apply to Facilities in place pursuant to private easement held by Avista, regardless of whether such Facilities are also located within the Franchise Area. In the event the City requests relocation of Facilities that are in place pursuant to an existing easement, said relocation shall be treated in the same manner as a relocation requested by third parties under Section 5.2, below, with the City bearing the expense of relocation. 5.2 Relocation of Facilities Requested by Third Parties City acknowledges that Avista is obligated to provide electric and gas service and related line extension, or relocation or conversion of Facilities for the benefit of its customers and to require compensation for such services on a non-preferential basis in accordance with applicable Tariffs. If Facilities are to be relocated at the request of or for the primary benefit of a third party, the City shall not require Avista to relocate its Facilities until such time as a suitable location can be found and the third party has entered into an agreement to reimburse Avista for its reasonable costs of relocation. 5.3 Availability of Other Funds In the event federal, state or other funds are available in whole or in part for utility relocating purposes, the City agrees to use reasonable efforts to apply for such funds, provided such funds do not interfere with the City's right to obtain the same or similar funds, or otherwise create any expense or detriment to the City. The City may recover all costs, including internal costs, associated with obtaining such funds. 5.4 Temporary Relocation of Electric Facilities Requested by Third Parties At the request of any Person holding a valid permit or other written permission from the City, and upon reasonable advance notice and payment by the permit holder of Avista's expenses of such temporary change, Avista will temporarily raise, lower or remove its Electric Facilities as necessary to accommodate a permittee of the City desiring to move over-sized structures or equipment along or across the Right-of-Way in the Franchise Area. 5.5 Conversion of Electric Distribution Facilities City, subject to applicable laws, rules, regulations and tariffs, may request that Avista convert from above ground to below ground wires, for the distribution of electricity underground after joint review with Avista and mutual agreement that such installation is feasible, practical and required for the public interest and safety. The incremental cost of such conversion of existing Electric Facilities shall be borne and paid by the City or other party requesting the same, subject to law and such rules, regulations, and Tariffs of the Commission. It is expressly agreed by both Parties that this Section 5.5 does not apply to any conversion of electric transmission (69KV or above) infrastructure. SECTION 6.0 INDEMNITY 6.1 Indemnification of City Avista agrees to defend and indemnify the City, its appointed and elected officers and employees, officials, representatives or agents, from any and all liabilities, claims, causes of action, losses, damages and expenses, including costs and reasonable attorney's fees, that the City may sustain, incur, become liable for, or be required to pay, as a consequence of or arising from the negligent acts or omissions of Avista, its officers, employees or agents in connection with Avista's obligations under this Franchise; provided, however, that this indemnification provision shall not apply to the extent that said liabilities, claims, damages and losses were caused by or result from the negligence of the City, or its appointed and elected officers and employees, officials, representatives or agents. 6.2 Indemnification of Avista To the extent permitted by law, City agrees to defend and indemnify and hold harmless Avista, its officers and employees, from any and all liabilities, claims, causes of action, losses, damages and expenses, including costs and reasonable attorney's fees, that Avista may sustain, incur, become liable for, or be required to pay, as a consequence of or arising from the negligent acts or omissions of the City, its appointed and elected officials and employees or agents in connection with City's obligations under this Franchise; provided, however, that this indemnification provision shall not apply to the extent that said liabilities, claims, damages, losses and so forth were caused by or result from the negligence of Avista, its employees or agents. SECTION 7.0 FRANCHISE DISPUTE RESOLUTION 7.1 Non-waiver Failure of a Party to declare any breach or default of this Franchise immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but the Party shall have the right to declare any such breach or default at any time. Failure of a Party to declare one breach or default does not act as a waiver of the Party's right to declare another breach or default. In addition, the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a revocation and forfeiture for breach of the conditions of the Franchise and terminating this Franchise. 7.2 Dispute Resolution by the Parties Disputes regarding the interpretation or execution of the terms of this Franchise that cannot be resolved by department counterparts representing the Parties, shall be submitted to the City's Attorney and an attorney representing Avista for resolution. If a mutually satisfactory or timely resolution cannot then be reached by the above process, prior to resorting to a court of competent jurisdiction, the Parties shall submit the dispute to a non-binding alternate dispute resolution process agreed to by the Parties. 7.3 Right of Enforcement No provision of this Franchise shall be deemed to bar the right of the City or Avista to seek judicial relief from a violation of any provision of the Franchise to recover monetary damages for such violations by the other party or to seek enforcement of the other Party's obligations under this Franchise by means of specific performance, injunctive relief or any other remedy at law or in equity pursuant to Section 7.4. Any litigation between the City and Avista arising under or regarding this Franchise shall occur, if in the state courts, in a court of competent jurisdiction in BonnerSHOSHONE County, Idaho, and if in the federal courts, in the United States District Court for the District of Idaho in Coeur d'Alene, Idaho. 7.4 Attorneys' Fees and Costs Each Party shall pay for its own attorneys' fees and costs incurred in any dispute resolution process or legal action arising out of the existence of this Franchise. SECTION 8.0 GENERAL PROVISIONS 8.1 Franchise as Contract, No Third Party Beneficiaries This Franchise is a contract between the Parties and binds and benefits the Parties and their respective successors and assigns. This Franchise does not and is not intended to confer any rights or remedies upon any persons, entities or beneficiaries other than the Parties. 8.2 Force Majeure In the event that Avista is delayed in or prevented from the performance of any of its obligations under the Franchise by circumstances beyond Avista's control (Force Majeure) including, without limitation, third party labor disputes, fire, explosion, flood, earthquake, power outage, pandemic, epidemic, cyber-attack, acts of God, war or other hostilities and civil commotion, then Avista's performance shall be excused during the period of the Force Majeure occurrence. Avista will use all commercially reasonable efforts to minimize the period of the disability due to the occurrence. Upon removal or termination of the occurrence Avista will promptly resume performance of the affected Franchise obligations in an orderly and expeditious manner. 8.3 Prior Franchises Superseded As of the Effective Date this Franchise shall supersede all prior electric and gas franchises for the Franchise Area previously granted to Avista or its predecessors by City, and shall affirm, authorize and ratify all prior installations authorized by permits or other action not previously covered by franchise. Termination of the prior Franchise shall not, however, relieve the Parties from any obligations which accrued under said Franchise prior to its termination, including but not limited to, any outstanding indemnity, reimbursement or administrative fee payment obligations. 8.4 Severability The Franchise is granted pursuant to the laws of the State of Idaho relating to the granting of such rights and privileges by City. 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 Avista. 8.5 Changes or Amendments Changes or amendments to this Franchise shall not be effective until lawfully adopted by the City and agreed to by Avista. 8.6 Supremacy and Governing Law This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Idaho. In the event of any conflict between this Franchise and any City ordinance, regulation or permit, the provisions of this Franchise shall control. In the event of a conflict between the provisions of this Franchise and Avista's applicable Tariff on file with the Commission, the Tariff shall control. 8.7 Headings The headings or titles in this Franchise are for the purpose of reference only and shall not in any way affect the interpretation or construction of this Franchise. 8.8 Acceptance of Franchise. Avista shall, within thirty (30) days after passage of this Ordinance, file with the City Clerk, its acceptance of the terms and conditions of this Franchise. 8.9 Abandonment or Suspension of Franchise Rights and Obligations Avista 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 City. In addition, pursuant to Section 8.6 and in the event a conflict exists between the terms of this Franchise and Avista's Tariff with the Commission that cannot be resolved, Avista may suspend or abandon the rights and obligations of this Franchise upon reasonable notice to the City. 8.10 Franchise Effective Date The Effective Date of this Franchise shall be ________________________, 2022, after passage, approval and legal publication of this ordinance as provided by law, and provided that it has been duly accepted by Avista as specified above. Electric and Gas Franchise Ordinance Summary for Publication NOTICE: CITY OF PINEHURST PROPOSED FRANCHISE ORDINANCE NO. 2022-239 SUMMARY Ordinance No. 2022-239 will grant Avista Corporation dba Avista Utilities a non-exclusive public utility franchise to locate, construct, install, own, maintain, repair, reconstruct, operate and use facilities within the City's public right of way [the Franchise Area] for the purposes of the transmission, control and distribution of electricity and natural gas within the City for a term of 25 years. Avista agrees to meet accepted industry standards and conform with applicable federal and state laws, as well as the regulations of the appropriate state regulatory body with jurisdiction, in the conduct of its operations under the Franchise. The City reserves the right to make reasonable rules and regulations pertaining to the conduct of Avista's operations within the Franchise Area. Avista must not interfere with any existing facilities of other utilities. Avista is authorized to make necessary excavations within the Franchise Area; excavations must be carried out with reasonable dispatch, and the area restored, with as little interference to the public as may be reasonable. Avista must relocate its facilities in the franchise area at the City's request. Avista may operate a vegetation management program in connection with franchised activities. Provisions are made for informal dispute resolution. (Final Reading of Ordinance No. 2022-239 is anticipated to be held before the Pinehurst City Council on April 13, 2022 at 6:00 pm in the City Council Chambers). SHO LEGAL 4064 AD#518568 MARCH 11, 2022

SUMMONS To: JOHN DOE and JANE DOE 1-10, being any and all persons or parties, together with their spouse, heirs, devisees and successors, in possession or claiming any right, title or interest in and to the real property described as follows: The Northeasterly 10 feet of Lot 6 and all of Lots 7 and 8, Block 11, Canyon Addition to City of Wallace, Shoshone County, State of Idaho, according to the official and recorded plat thereof; YOU HAVE BEEN SUED by Johnathon Alexander and the Estate of Joanne Alexander, the plaintiffs in the District Court of the First Judicial District in and for Shoshone County, Idaho, Case No. CV40-22-0057. The nature of the claims made in the case is to quiet title to the above-described real property. Any time after 21 days following the last publication of this Summons, the court may enter a judgment against you without further notice, unless prior to that time you have filed a written response in the proper form, including the Case Number, and paid any required filing fee to the Clerk of the Court at 700 Bank Street, #320, Wallace, Idaho 83873, telephone (208) 752-1266; and served a copy of your response on the Plaintiffs' attorney: Scott L. Poorman, 320 E. Neider Ave., Suite 204, Coeur d'Alene, ID 83815, Phone: (208) 772-6800. A copy of the Summons and Complaint can be obtained by contacting either the Clerk of the Court or the attorney for the plaintiff. If you wish legal assistance, you should immediately retain an attorney to advise you in this matter. Dated February 11, 2022, Tamie Eberhard, Clerk of the District Court. SHO LEGAL 4065 AD#519044 MARCH 4, 11, 18, 25, 2022

SUMMONS To: the Estate, heirs and devisees of JUDITH L. JOHNSON, a/k/a Judith L. Morin, YOU HAVE BEEN SUED by Johnathon Alexander and the Estate of Joanne Alexander, the plaintiffs in the District Court of the First Judicial District in and for Shoshone County, Idaho, Case No. CV40-22-0057. The nature of the claims made against you is to quiet title to the real property described as follows: The Northeasterly 10 feet of Lot 6 and all of Lots 7 and 8, Block 11, Canyon Addition to City of Wallace, Shoshone County, State of Idaho, according to the official and recorded plat thereof; Any time after 21 days following the last publication of this Summons, the court may enter a judgment against you without further notice, unless prior to that time you have filed a written response in the proper form, including the Case Number, and paid any required filing fee to the Clerk of the Court at 700 Bank Street, #320, Wallace, Idaho 83873, telephone (208) 752-1266; and served a copy of your response on the Plaintiffs' attorney: Scott L. Poorman, 320 E. Neider Ave., Suite 204, Coeur d'Alene, ID 83815, Phone: (208) 772-6800. A copy of the Summons and Complaint can be obtained by contacting either the Clerk of the Court or the attorney for the plaintiff. If you wish legal assistance, you should immediately retain an attorney to advise you in this matter. Dated February 11, 2022, Tamie Eberhard, Clerk of the District Court. SHO LEGAL 4066 AD#519054 MARCH 4, 11, 18, 25, 2022

South Fork Coeur d'Alene River Sewer District: Notice of Availability of an Environmental Assessment AGENCY: USDA Rural Development (RD) ACTION: Notice of Availability of an Environmental Assessment SUMMARY: Notice is hereby given that the RD, as required by the National Environmental Policy Act, is issuing an Environmental Assessment (EA) in connection with possible impacts related to a project proposed by the South Fork Coeur d'Alene River Sewer District (SFSD), of Osburn, Idaho. The proposal is for construction of the Page Wastewater Treatment Plant (WWTP) Outfall Relocation. The proposed project is located west of the Shoshone County Airport, north of Interstate 90, and south of the South Fork Coeur d'Alene River (River), approximately 2,000 feet west of the west end of the Shoshone County Airport Runway. SFSD submitted an application to RD for funding of the proposed project. FOR FURTHER INFORMATION CONTACT: Howard Lunderstadt, Community Programs Specialist, USDA RD; 7830 Meadowlark Way, Ste. C3, Coeur d'Alene, Idaho, 83815; (208) 209-4367; Howard.Lunderstadt@id.usda.gov. SUPPLEMENTARY INFORMATION: SFSD proposes to relocate the discharge point for treated effluent from the Page WWTP by extending the existing Page WWTP outfall pipeline 1,300 feet to discharge directly to the River via a diffuser gallery. Work involves installation of 30-inch diameter gravity pipeline and manholes via open-cut excavation. A diffuser gallery will also be installed in the bed of the River via open-cut excavation. J-U-B ENGINEERS, Inc., an environmental consultant, prepared an EA for RD that describes the project, assesses the proposed project's environmental impacts, and summarizes as applicable any mitigation measures used to minimize environmental effects. RD has conducted an independent evaluation of the environmental assessment and believes that it accurately assesses the impacts of the proposed project. No significant impacts are expected as a result of the construction of the project. Questions and comments should be sent to RD at the address provided. RD will accept questions and comments on the environmental assessment for 14 days from the date of publication of this notice. Any final action by USDA Rural Utilities Service (RUS) related to the proposed project will be subject to, and contingent upon, compliance with all relevant Federal environmental laws and regulations and completion of environmental review procedures as prescribed by 7 CFR Part 1970, Environmental Policies and Procedures. Dated: March 4, 2022 SHO LEGAL 4063 AD#518407 MARCH 4, 11, 2022

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 SHOSHONE IN RE: Zipporah David CASE NO. CV-40-22-41 A Petition to change the name of Zipporah David, now residing in the City of Mullan, State of Idaho, has been filed in the District Court in Shoshone County, Idaho. The name will change to Zipporah Tamara Chappell. The reason for the change in name is: to take the name of my partner and remove the last name of my ex-husband. A hearing on the petition is scheduled for 10:30 o'clock a.m. on March 14, 2022, at the Shoshone County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date: January 31, 2022 CLERK OF THE DISTRICT COURT By /s/ Gail Elliott Deputy Clerk SHO LEGAL 4052 AD#515779 FEBRUARY 18, 25, MARCH 4, 11, 2022