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RESOLUTION AUTHORIZING A HOLD HARMLESS AGREEMENT BETWEEN THE COUNTY OF PASSAIC AND 60 WANAQUE AVE REALTY, LLC FOR PROPERTY AT 60 WANAQUE AVENUE, BLOCK 2400, LOT 1, POMPTON LAKES, 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 the County of Passaic (hereafter “County”) and 60 Wanaque Ave Realty, LLC (hereafter “Applicant”) regarding waiver of responsibility for any and all stormwater, silt or debris that enters 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-23-024 for site plan approval for an apartment building at 60 Wanaque Avenue, Block 2400, Lot 1, Pompton Lakes, New Jersey (hereafter “Property”); and
WHEREAS, on August 12, 2024, the Board required, by recent review letter attached hereto, the Applicant to enter into this Hold Harmless Agreement due to the slope of the southern driveway along Wanaque Avenue (CR 684), a County Road; and
WHEREAS, the Board has agreed to the site driveway profiles as contained in the plan of Marvin R. Blethen, P.E., dated February 6, 2024, revised as of July 26, 2024, 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 August 28, 2024, meeting of the Planning and Economic Development Committee and is being recommended to the Passaic County Board of County Commissioners for approval; and
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 60 Wanaque Ave Realty, LLC, as set forth above.
JDP September 10, 2024