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Resolution of the Mayor and Council of Princeton Authorizing the Execution of a License Agreement with Soterra LLC for Permission to Install Awning which will Encroach into the Public Right of Way
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WHEREAS, Soterra LLC has a tenancy at 41 Witherspoon Street in Princeton, New Jersey, which property is referred to as Block 27.02, Lot 68 on the Princeton Tax Maps (“Property”), and seeks to operate a restaurant to be located in the existing building on the Property; and
WHEREAS, Soterra LLC has submitted an application for Administrative Waiver of Site Plan Review with the Princeton Planning Board for approval to mount along the front of the building an awning which will project four-foot from the building (“Awning”); and
WHEREAS, the Awning will encroach into Princeton’s public right of way (“Right of Way”) and therefore, Soterra LLC has requested Princeton’s permission to allow said encroachment; and
WHEREAS, the prior tenant of the Property had installed and operated an Awning in a similar location as the proposed new Awning.
NOW, THEREFORE, be it resolved by the Council of the Municipality of Princeton as follows:
1. The “Whereas” clauses are hereby incorporated herein as if fully restated.
2. Princeton is hereby authorized to execute a License Agreement with Soterra LLC to install and maintain an Awning within the public Right of Way identified above. Soterra LLC’s use, if any, of the Right of Way for the Awning prior to execution of the License Agreement is hereby ratified.
3. The terms and conditions of the License Agreement shall be substantially as set forth in the proposed License Agreement, and any amendments shall be subject to the review of the Municipal Attorney.