WHEREAS, Lombardo Environmental, Inc., 72 Bushes Lane, Elmwood Park, New Jersey 07407 as agent for R&A Dreams, LLC, has requested permission of the Mayor and Council to encroach upon the Town right of way at 153 Johnston Avenue, Block 13, Lot 28, in the Town of Kearny, for the purpose of removing an underground oil storage tank under the sidewalk on Devon Street; 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 Lombardo Environmental, Inc., 72 Bushes Lane, Elmwood Park, New Jersey 07407 as agent for R&A Dreams, LLC, to encroach upon the Town right of way at 153 Johnston Avenue, Block 13, Lot 28, in the Town of Kearny, for the purpose of removing an underground oil storage tank under the sidewalk on Devon Street, subject, however, to the following conditions:
a) The sidewalk must be replaced within seven (7) working days in accordance with the existing Streetscape specifications and details.
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 sidewalk is not replaced within seven (7) working days, after written notice advising the owner to restore the public right of way to its former condition is served upon the owner, the Town may repair the sidewalk and charge the costs to the owner; and
d) The said owner shall comply with all other applicable laws, ordinances and regulations of the State and the Town of Kearny in connection therewith.
3. The Mayor and Town Clerk be and 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 issuance of said license and owner's use of the property.
5. This Resolution shall take effect immediately.