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RESOLUTION AUTHORIZING A HOLD HARMLESS AGREEMENT BETWEEN THE COUNTY OF PASSAIC AND SPARK CAR WASH, LLC FOR PROPERTY AT 25 ALLWOOD ROAD, BLOCK 82.01, LOT 18.02, 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 Spark Car Wash, 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-24-038 for site approval of the proposed construction of a car wash at 25 Allwood Road, Block 82.01, Lot 18.02, Clifton, New Jersey (hereafter “Property”); and
WHEREAS, on December 5, 2024, the Board required, by review letter attached hereto, the Applicant to enter into a Hold Harmless Agreement due to the slope of the proposed driveway along 25 Allwood Road (CR 602), a County Road; and
WHEREAS, the Board has agreed to the site driveway profiles as contained in the plan of Tung-To Lam, P.E. (N.J. License No. 47863) originally dated September 9, 2024, revised on November 14, 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 February 13, 2025, 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 Spark Car Wash, LLC, as set forth above.
ZMQ February 25, 2025