103-13 Auth Right of Way Agreement-Bel Air condo-Deer deterrent devices.pdf

103-13 May 21, 2013 RESOLUTION WHEREAS, the Bel Air at West Orange Condominium Association, Inc. is a New Jersey corporation (“Bel Air”) which association has homes located at or around Kelly Drive within the Township of West Orange; and WHEREAS, Bel Air seeks the Township’s consent to install animal deterrent devices (th e “Devices”) at its sole cost and expense along Kelly Drive, which is a Township-owned right-of- way; and WHEREAS, the Devices are intended to deter animals from crossing roadways when vehicles approach; and WHEREAS, the Devices and are intended to promote the health, safety and welfare of the residents of the Association and the traveling public generally by preventing vehicular collisions with animals; and WHEREAS, the consent sought by Bel Air is for the non-exclusive use of Kelly Drive for the purpose of owning, constructing, installing, operating, and maintaining the Devices; and WHEREAS, the Township and Bel Air have agreed to a proposed Right-of-Way agreem ent, which is annexed hereto as Attachment “A” (the “Agreement”); and WHEREAS, pursuant to the terms of the Agreement, Bel Air will name the Township as an additional insured with respect to the installation and maintenance of the Devices, and will indemnify and hold the Township harmless for any damage caused by the Devices; and WHEREAS, the Township Engineering Department has reviewed the proposed Agreement; and WHEREAS, the Municipality is empowered to enter into the Agreement in accordance with N.J.S.A. 48:17-10 through N.J.S.A. 48:17-12; NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Mayor shall be and hereby is authorized to execute the Agreement and any other documents necessary to effectuate the

Agreement with Bel Air, and the Municipal Clerk shall be and hereby is authorized to attest to the Mayor’s signature; and be it further RESOLVED that this contract shall be made available in the Clerk’s Office for reasonable inspection in accordance with applicable law. ________________________________ Karen J. Carnevale Victor Cirilo Township Clerk Council President Adopted: May 21, 2013 724350_1