A.
The Borough, in its sole discretion, may grant a property owner of the Borough of Eatontown a revocable license in writing, allowing for said property owner to create or continue an existing encroachment upon municipal property where such an encroachment is considered by the governing body not to be a significant impairment to the Borough's use of the Borough property, and will be removed at the sole cost and expense of the property owner should the Borough determine, in its sole discretion, that such encroachment needs to be removed in order for the Borough to make use of or enter upon said Borough property, subject to approval by the State of New Jersey in those cases, and in those cases only, where state approval is required either because of Green Acres funding of public property or other state requirements.
B.
Any revocable license granted by the Borough must be granted by resolution, be in written form of agreement, approved by the Borough Attorney and possess in the very least an indemnification and hold harmless clause protecting the municipality against injury or damages; allow for the removal of the encroachment upon notice of termination in the sole discretion of the Borough and at the sole cost and expense of the property owner and enforceability in case the property owner fails to comply with the aforesaid license agreement, by allowing the Borough to remove said encroachment at the sole cost and expense of the property owner.
C.
All license agreements shall be recorded in the Clerk's office of Monmouth County at the sole cost and expense of the property owner.
D.
The property owner, in addition to paying for the cost of recording the revocable license agreement, shall pay to the Borough a fee of $300 to cover the cost of preparation of the aforesaid agreement by the Borough Attorney.