HomeMy WebLinkAboutPublic Land Use Agreement - Joshua Fullmer Properties 2024Instrument # 460499
REXBURG, MADISON, IDAHO
1-29-2024 01:51:45 PM No. of Pages: 2
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 13.00
Ex-Ofticio Recorder Deputy
PUBLIC LAND USE AGREEMENT
JOSHUA R. FULLMER PROPERTIES, LLC AT 23 SAWTELLE AVE
THIS AGREEMENT, made this �2_1 day of , 2024, 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 deternnes that the right-of-way 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 -cif -way is needed for City purposes.
This Agreement applies on]), 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 an}, 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 be terminated by the Cite.
The foregoing; constitutes the complete agreement between the parties, and array only be
modified in writing, with all patties acknowledong; the modifications by signature.
Notice shall be deemed liven, if in. person, or delivered to Applicant or the City during; regular
business hours.
FOR THE CITY OF REXBURG
APP 1)
By:
t ur e r rt'' � rri11
APPLICANT
11 l SI':
I,�(lerk,_ �0, ralt l.oyejoc
(S1 Al,) .........
JOSHL'-A R. FU 1�1�MI R PROI'1 �R'I I f : i 'l.11"
P(:.) B(.)-v G
Rexburg, ID 83440
By: Joshua R. Fullmer
Its: Manager
Joshua R t,allmer
fri'v '.1
�Od ddd '
PUBLIC LAND USE AGREE MF.:NT-? 19-00590