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RESOLUTION AUTHORIZING AN “IF AND WHEN” AGREEMENT BETWEEN THE COUNTY OF PASSAIC AND DRAGONFLY NJ, INC. AND DJ PROPERTY LIMITED LIABILITY COMPANY TO CONSTRUCT AND DEVELOP REAL PROPERTY LOCATED AT 400 UNION VALLEY ROAD, WEST MILFORD, NEW JERSEY, BLOCK 14801, LOT 12.
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WHEREAS, the County of Passaic (hereafter "County") is a body politic and corporate pursuant to N.J.S.A. 40:18-1 and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1 the Board of County Commissioners of the County of Passaic (hereafter "Board") is vested with managing the property, finances, and affairs of the County; and
WHEREAS, the Passaic County Department of Planning and Economic Development is in receipt of a proposed Agreement (attached hereto) relating to premises located at 400 Union Valley Road, West Milford, New Jersey, Block 14801, Lot 12; and
WHEREAS, Dragonfly NJ, Inc., as tenant, and DJ Property Limited Liability Company, as property owner (hereafter collectively "Applicant"), whose addresses are 400 Union Valley Road, West Milford, New Jersey and 8 Dominick Court, Cedar Grove, New Jersey, respectively, applied to the Passaic County Planning Board (hereafter "Board") under File No. SP-25-018 for site plan approval for the Property; and
WHEREAS, a Site Plan, originally dated May 7, 2025, revised on September 29, 2025 (hereafter "Site Plan"), prepared by Atelier Feng LLC, was submitted to the Board and received County Board approval with conditions on November 14, 2025 (hereafter "Site Plan Approval"), attached hereto, subject to certain terms and conditions as set forth therein; and
WHEREAS, the Site Plan Approval specifically requires the Applicant to enter into an agreement to dedicate a strip of its property that extends eight (8) feet from the roadway centerline towards the Project, at a later date when requested by the Passaic County Engineer or the County Board, at no cost to the County, up to the Master Plan right-of-way line of Union Valley Road (CR 513); and
WHEREAS, the agreement is required due to a discrepancy between the existing and Master Plan right-of-way lines along the Applicant’s frontage; and
WHEREAS, the attached Agreement has been reviewed by County staff and deemed acceptable, and the Site Plan Approval is also attached for reference; and
WHEREAS, this matter was discussed at the August 27, 2026 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 Board of County Commissioners of the County of Passaic that the County Commissioner Director and Clerk of the Board be and are hereby authorized to execute the attached "If and When" Agreement by and between Dragonfly NJ, Inc. and DJ Property Limited Liability Company and the County of Passaic, as set forth above.
LET IT BE FURTHER RESOLVED, that the Clerk to the Board, County Counsel, and the Director of the Board are authorized to take any other steps necessary to carry out the purpose of this Resolution.
ZMQ September 8, 2026