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HomeMy Public PortalAboutResolution 01:281 01-281 Date or Adoption Septem~r 6, 2001 AUTHORIZING EASEMENT AGREEMENT AND INDEMNIFICATION AGREEMENT . WHEREAS, the Borough of Carteret (the "Borough") desires to enter into an easement agreement with Consolidated Rail Corporation ("Conrail") for the 3urpose of establishing a public railroad grade crossing at Port Carteret Drive in the Borough of Carteret; and WHEREAS, Port Carteret/Amax Realty Development has agreed to indemnify, reimburse, and otherwise hold harmless the Borough with regard to any and all costs associated with the establishment, construction, and/or maintenance of the aforementioned public railroad grade crossing; and WHEREAS, the Borough and Port Carteret/Amax Realty Development wish to memorialize the terms of their agreement in a formal Indemnification Agreement. NOW, THEREFORE BE IT RESOLVED. by the Mayor and Council of the Borough of Carteret as follows: 1. The Mayor and Borough Clerk are hereby authorized to execute the aforementioned easement agreement with Conrail in a form which is acceptable to the Borough Attorney. 2. The Mayor and Borough Clerk are hereby authorized to execute the indemnification agreement with Port Carteret/Amax Realty in a form which is acceptable to the Borough Attorney. 3. The appropriate Borough officials are hereby authorized to take the necessary actions to fulfill the terms and conditions of the aforementioned agreements. Adopted this 6th day of September, 2001 and certified as a true copy of the original on September 7,.200'1.. KATHI.~:~i M. BAP~ ~[micipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN FAZEKAS QUTNO~ES .., ~ ~_N.T_O~O REIMAN $OHAYDA X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote It) Overrule Veto Adopted at a meeting of thc Municipal Council September 6, 2001