HomeMy WebLinkAboutHEMPWORTH PUBLIC LAND USE AGREEMENT - 19-00040 - 112 N 2nd W - Parking LotPUBLIC LAND USE AGREEMENT
HEPWORTH PROPERTY AT 112 N 2ND WEST
THIS AGREEMENT, made this IT day of RbVYA14j 2019, by and between the
CITY OF REXBURG, a municipal corporation of the State of Idaho (hereinafter called "City"),
with a mailing address at 35 N 1st E, Rexburg, Idaho 83440, and JAY DARIC & SEPHLIN
HEPWORTH (hereinafter called "Applicant"), with a mailing address at: 407 S 3' E, Rexburg, ID
83440.
WITNESSETH:
WHEREAS, the City of Rexburg owns a public right-of-way commonly referred to as 2"d
West, between 1" North and 2nd North in Rexburg, Madison County, Idaho;
AND WHEREAS, Applicant owns a private venture serving the needs of the Rexburg area;
AND WHEREAS, Applicant is desirous of using a portion of the right-of-way until such time
as the City determines that it has a meaningful use for said right-of-way;
AND WHEREAS, the limited use by Applicant of the aforementioned right-of-way will not
conflict with the current use by the City;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the City agrees to allow Applicant to develop and maintain landscaping in the 2"d West
right-of-way and to use the right-of-way for the required setback between the street and the proposed
parking lot until such time as the City determines that the right-of-way is needed for City purposes.
This Agreement applies to the right-of-way located in front of the properties owned by the Applicant
at 112 N 2"d West (Parcels RPR0000024003A and RPR0000024002C) on the east side of the street,
commencing on the north side of the railroad right-of-way and running approximately 316 feet north.
Applicant agrees to maintain the aforementioned portion of the right-of-way in a manner
consistent with the landscaped areas of the overall Applicant property, and to remove all infrastructure
upon request of the City, when the City determines that the right-of-way is necessary for its intended
purposes.
Both parties agree that the term of this Agreement shall be for a period of no less than five
(5) years, unless shortened in accordance with the terms of this Agreement. Thereafter, the term shall
be on a year to year basis.
PUBLIC LAND USE AGREEMENT - 1 19-00040
The Parties further agree that if at any time, the City determines that Applicant is not
maintaining the right-of-way in a satisfactory manner, consistent within terms of the Agreement, it
may notify Applicant of the deficiencies and if not corrected to the satisfaction of the City within
thirty (30) days, this Agreement may be terminated by the City.
The foregoing constitutes the complete agreement between the parties, and may only be
modified in writing, with all parties acknowledging the modifications by signature.
Notice shall be deemed given, if in person, or delivered to Applicant or the City during regular
business hours.
FOR THE CITY OF REXBURG
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APPLICANT
JAY DARIC & SEPHLIN HEPWORTH
407 S 3RD E
Rexburg, ID 83440
By: Daric & Sephlin Hepworth
Its: Owners
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Jay batic Hepworth, Owner
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Sephhn Hepw rth, Owner
ATTEST:
By:
City Clerk, Deborah Lovejoy
PUBLIC LAND USE AGREEMENT - 2 19-00040