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RESOLUTION AUTHORIZING A HOLD HARMLESS AGREEMENT BETWEEN THE COUNTY OF PASSAIC AND COSTCO WHOLESALE CORPORATION FOR PROPERTY AT 168 AND 202 MAIN AVENUE AND 20 BRIDEWELL PLACE, BLOCKS 72.06, LOTS 36, 38, AND 42, CITY OF CLIFTON, 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 Costco Wholesale Corporation (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-24-012 for site plan approval for parking lot expansion and gas station relocation at an existing Costco Wholesale (hereafter “Property”); and
WHEREAS, the Board required, by recent review letter attached hereto, the Applicant to enter into this Hold Harmless Agreement due to the slope of the proposed driveway along Main Avenue (CR 601), a County Road; and
WHEREAS, the Board has agreed to the site driveway profiles as contained in the plan prepared by Bohler Engineering NJ, LLC originally dated October 2, 2024, revised as of February 2, 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 December 18, 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 Costco Wholesale Corporation, as set forth above.
ZMQ December 30, 2024