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RESOLUTION AUTHORIZING A HOLD HARMLESS AGREEMENT BETWEEN THE COUNTY OF PASSAIC AND TWO THIRTY-SEVEN, LLC, FOR PROPERTY AT 237 PATERSON-HAMBURG TURNPIKE, BLOCK 3012, LOT 9, BLOOMINGDALE, NEW JERSEY.
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WHEREAS, the Passaic County Department of Planning and Economic Development is in receipt of a proposed Agreement (attached hereto) by and between County of Passaic (hereafter “County”) and Two Thirty Seven, LLC (hereafter “Applicant”) regarding waiver of responsibility for any and all stormwater, silt or debris that enters the Applicant’s property from the County right-of-way; and
WHEREAS, Applicant applied to the Passaic County Planning Board (hereafter “Board”) under File No. SP-21-031 for site plan approval for a property equipment storage facility at 237 Paterson-Hamburg Turnpike, Block 3012, Lot 9, Bloomingdale, New Jersey (hereafter “Property”); and
WHEREAS, on October 24, 2023, the Board, by report attached hereto, required the Applicant to enter into a hold harmless agreement since the southerly driveway is sloped away from the County right-of-way along the Paterson-Hamburg Turnpike (CR694), a County road;
WHEREAS, the Board has agreed to the site driveway profiles as contained in the plan of DJ Egarian & Associates, Inc., Drawing No. 4, copy attached hereto, conditioned on the Applicant’s agreement to protect and hold the County harmless and enter into an Agreement indemnifying the County for any claims or damages to the Applicant’s Property related to stormwater, silt, or debris that enters the property from the County right-of-way; and
WHEREAS, this matter was discussed at the June 12, 2024, meeting of the Planning and Economic Development Committee and is being recommended to the Passaic County Board of County Commissioners for approval;
NOW, THEREFORE, LET IT BE RESOLVED, by the Passaic County Board of County Commissioners that the County Commissioner Director and Clerk of the Board be and are hereby authorized to execute the attached Agreement by and between the County of Passaic and Two Thirty-Seven, LLC, as set forth above.
JDP June 25, 2024