25-20 Authorizing Execution of Limited Private Community Municipal Services Agreement Regarding Snow Removal Services.pdf

25-20 January 21, 2020 RESOLUTION WHEREAS, a dispute and litigation has been ongoing between four (4) residents that reside on a private road that runs through Block 80.02 on the Tax Map of the Township of West Orange located at the intersection of Gregory Avenue and Mt. Pleasant Avenue regarding the removal of snow and ice on the private road (“Snow Removal Services”); and WHEREAS, the residents and the owner of the private road have reached a settlement agreement dated January 2020 whereby the Snow Removal Services will be performed by the Township of West Orange (the “Township”); and WHEREAS, pursuant to the terms of the binding settlement agreement between the parties, the owner of the private road, Mimiamelia, LLC (the “Owner”) must enter into a Limited Private Community Municipal Services Agreement with the Township (the “Agreement”); and WHEREAS, the Township, the Owner and residents have negotiated the proposed Agreement, annexed hereto as Exhibit “A” whereby the Township agrees to provide Snow Removal Services on the terms and conditions set forth in the Agreement. NOW, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE that Township is hereby authorized to enter into the Agreement, annexed hereto as Exhibit “A” and; be it further RESOLVED, that the Mayor is authorized to execute the Agreement and the Municipal Clerk is authorized to attest to the Mayor’s signature; and be it further RESOLVED, that the Municipal Clerk’s Office shall maintain a copy of this resolution in its records. Karen J. Carnevale, R.M.C Michelle Casalino Municipal Clerk Council President Adopted: January 21, 2020