HomeMy WebLinkAboutKelly, John J & Ann LPERMIT
KNOW ALL MEN BY THESE PRESENTS, that whereas JOHN J.
KELLY and ANN L. KELLY, residing at 1878 East 28th Street, Brooklyn,
New York, hereinafter referred to as the Permittees, have duly applied in
writing for permission to install a water well point and water pipe line,
hereinafter referred to as the facilities, under the edge of Peconic Bay
Boulevard, a Town highway, located at Laurel, New York, and to be located
as hereinafter more particularly described; and whereas the Town Board
of the Town of Southold has duly consented to the granting of said application,
NOW, THEREFORE, this indenture witnesseth, that RAYMOND C.
DEAN, the duly elected and acting Town Superintendent of Highways of the
Town of Southold, Suffolk County, New York, does give and grant unto the
Permit. tees East Street, Brooklyn, New York, and their heirs
of
1878
28th
~and assigns, the permission and right to install, operate and maintain a
well point and pipe line therefrom all in accordance with the drawing
attached hereto and made a part hereof. The permission and right hereby
granted is only upon the conditions hereinafter set forth and the said
Permittees by acceptance of this permit do for themselves and their heirs
and assigns, covenant and agree that such conditions shall be performed
and that this permit may be revoked, and the facilities maintained in said
highway removed by the Town Superintendent of Highways without notice
upon the failure of performance of any' such conditions, the conditions being
the following, to wit:
1.. The facilities hereinbefore specified shall be laid under the ground
at a depth of not less than 4 feet. The same shall be laid in a manner
satisfactory to the Town Superintendent of Highways and under his supervision.
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2. The facilities permitted hereunder shall be so installed as not to
i interfere or interrupt public travel upon the said highway, and the said
Perlnittees shall replace all earth removed and resurface the pavement and
leave the said highway in all respects in as good a condition as before the
installation of said facilities, and the said Permittees shall keep the said
facilities in repair and maintain the traveled portion of the highway and the
highway premises free from any defects which might otherwise beoccasioned
by the installation and maintenance of such facilities.
3. The said Permittees, their heirs and assigns, shall forever save the
Town of Southold harmless from all damages which may accrue by reason of
the installation and maintenance of the said facilities in said highway as
aforesaid.
4. The said Permittees, their heirs and assigns, upon notice by the
Town Superintendent of Highways of the Town of Southold, shall forthwith
make any repairs required for the protection or preservation of such
highway and rendered necessary by reason of the installation and/or main-
tenance of said facilities as aforesaid.
5. In the event that the said Permittees or their heirs or assigns, fail to
make such repairs to the town highway as are required to be made by the
conditions of ibis permit~ the necessary repairs may be made without notice
by the Town Superintendent of Highways of the Town of Southold, at the ex-
pense of the Permit/ecs, their heirs oi/ assigns, and the cost lhereof shall
be a lien prior to any other lien upon the land benefited by the use of the
highway for the installation and maintenance of the facilities herein provided
for.
6. If in the judgment of the Town Superintendent of Highways, it shall be
necessary to remove, relocate and/or replace said facilities by reason of
the repair, relocation or change in grade of said highway or for any other
reason whatsoever, it is specifically understood and agreed that the l~ermittees,
or their heirs and assigns, at their own expense shall remove said facilities
and shall replace the same in conformity with the directions of the said
Town Superintendent of Highways.
7. The l~ermittees as security to insure complete compliance with the
terms and conditions of this permit herewith deposit with the Superintendent
of Highways of the Town of Southold a certified or bank check made payable
to the order of the Town of Southold in the amount off~ ~'-,~,~ . If the
said Permittees fully comply with the terms and conditions of this permit,
said sum deposited herewith shall be returned by the Superintendent of
Highways of the Town of Sou/hold to the Permittees within ten (10) days
after the completion of the work contemplated herein. In the event that the
Permittees shall fail to comply with the terms and conditions set forth herein,
said sum deposited herewith shall be forfeited to the Town of Southold as
liquidated damages for such default.
$. The ]Permittees shall provide public liability insurance to be written
by an insurance company approved by the Town Superintendent of Highways
in an amount of not less than $100,000.00 with respect to claims rising out
of any one accident resulting in bodily injury to or death of any one person,
and in the amount of not less than $50,000.00 with respect to claims arising
out of any one accident resulting in property damage, said policy to name
the Town of Sou/hold and the Permittees as insureds and to protect the Town
and the Permittees from and against injuries and/or damages to persons or
property caused by or resulting from the execution of the work permitted
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herein or in consequence of any improper materials or workmanship, or due to
any act, omission or neglect of the Permittees or their agents or employees.
A certificate of such insurance shall be f~led with the Town Superintendent
of Highways.
IN WITNESS WHEt~OF,
the Town of Southold has hereunto set his hand in duplicate, this
of April, 1971.
the ~Fown Superintendent of Highways of
day
~o~h~ S~perintendent of Highways
of the T-~wn of Southold
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JOHN J, KELLY and ANN L. KELLY of 1878 East 28th Street, Brooklyn,
New York, being the Permittees for the permit granted by the above indenture,
do hereby accept such permit and do hereby covenant and agree to comply
with. the conditions therein contained.
Dated:
The undersigned, being members of the Town Board of the Town
of Southold, Suffolk County, New York, do hereby consent to the granting of
the foregoing permit.
Dated: ~_~/ '~ /~/ · ?
rvisoF
Councilman
:/ Councilman
The undersigned, being the executors of the Estate of ~q. Fanning,
deceased, hereby give our Consent to the granting of this l)ermit as
adjoining land owner.
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