HomeMy WebLinkAbout20240124_JOSHUA R. FULLMER PROPERTIES, LLC AT 23 SAWTELLE AVEPUBLIC LAND USE AGREEMENT
JOSHUA R. FULLMER PROPERTIES, LLC AT 23 SAWTELLE AVE
THIS AGREEMENT, made this day of , 20245 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 1 st E, Rexburg, Idaho 83440, and JOSHUA R. FULLMER
PROPERTIES, LLC (hereinafter called "Applicant"), with a mailing address at: PO Box 6, Rexburg,
ID 83440.
WITNESSETH:
WHEREAS, the City of Rexburg owns a public right-of-way commonly referred to as W Main
Street 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 the right -of -was' is needed for City purposes;
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 construct and maintain a sign in the W Main Street
right-of-way until such time as the City determines that the right-of-way is needed for City purposes.
This Agreement applies only to the footprint of the existing sign in the right-of-way of W Main Street
located on the south side of the property owned by the Applicant at 23 Sawtelle Ave (Parcel
RPR04RW0010010).
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.
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
PUBLIC LAND USE AGREEMENT - 1 19-00590
may notify Applicant of the deficiencies and if not corrected to the satisfaction of the City within
thirty (30) days, this Agreement may he 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
APPROVED
By: ATTEST:
Mayor, Jerry Merrill
City Clerk, Deborah Lovejoy
(SEAL)
APPLICANT
JOSHUA R. FULIAMER PROPERTIES, LLC
PO Box 6
Rexburg, ID 83440
By: Joshua R. Fullmer
Its: Manager
Joshua ullmer
PUBLIC LAND USE AGREEMENT - 2 19-00590