WHEREAS, Mary Vasquez, 417-421 Kearny Avenue, Block 66, Lot 3, in the Town of Kearny, has requested permission of the Mayor and Council to encroach upon the Town's right of way at said premises for the purpose of installing an awning sign; and
WHEREAS, the Town Engineer has advised that there is no engineering reason why permission could not be granted with the usual restrictions.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Kearny, in the County of Hudson, that:
1. The aforesaid recitals are incorporated herein as though fully set forth at length.
2. A right and license be and is hereby granted to the said Mary Vasquez, 417-421 Kearny Avenue, Block 66, Lot 3, to encroach upon the Town’s right of way at the noted location for the purpose of installing an awning sign, subject, however, to the following conditions:
a) The encroachment shall be a maximum of 3 feet onto the town sidewalk.
b) The said right and license shall be revocable at any time by resolution of the governing body of the Town of Kearny.
c) In the event the said right and license is terminated, the owner shall remove said encroachment within thirty (30) days after notice of said termination is served upon it, and restore the public right of way to its former condition.
d) Upon the owner's failure to do so, the Town may remove said encroachment and charge the cost thereof to the owner; and
e) The said owner shall comply with all other applicable laws, ordinances and regulations of the State and Town of Kearny in connection therewith.
3. The Mayor and Town Clerk be and they are hereby authorized to execute any and all documents and to take any and all actions necessary to complete and realize the intent and purpose of this Resolution.
4. Said right and license shall be conditioned on said owner's written agreement to indemnify and hold the Town of Kearny harmless against liability for any and all claims for damage to property or injury to persons arising out of or resulting from the issuance of said license and owner's use of the property.
5. This Resolution shall take effect immediately.