August 7, 2013

10. 1 12. shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental approvals. If another governmental entity or agency grants a waiver or variance affecting the plans and/or exhibits submitted by the Applicant, this approval or the conditions attached to it, then the Applicant shall re-apply to this Board respecting the same and this Board shall have the right to view that issue as it relates to this approval and these conditions and modify and amend same, if appropriate. In the event that any other required regulatory approval conflicts with the terms and conditions hereof, or materially alters the same, or the terms and conditions hereof are materially altered by any change in applicable law or regulation other than those municipal regulations for which change is prohibited by the Municipal Land Use Law (MLUL), or in the event Applicant or its successors or assigns construct or attempt to construct any improvement in conflict with or in violation of the terms of this approval, the Board hereby reserves the right to withdraw, amend or supplant the instant approval. All construction, use and development of the property shall be in conformance with the plans approved herein, all representations of the Applicant and its witnesses during the public hearing, all exhibits introduced by the Applicant, and all terms and conditions of this resolution. The Applicant shall pay ail outstanding taxes, tax liens, application fees and technical review fees, as well as any inspection fees that may be required hereunder. The Applicant shall pay any additional fees or escrow deposits which may be due and owing within thirty (30) days of notification or this approval shall be deemed withdrawn. All notes included in the approved plans, including notes required by this Resolution, shall be deemed conditions of approval having the same force and effect as conditions expressly set forth in this Resolution. Applicant to provide an updated lighting plan subject to the review and approval of the Board Engineer. Applicant will comply with the items set forth in the Omland review letter dated August 1, 2013 except Item #11 and Item #17 will be complied with if doing so will not interfere with Applicant’s existing DEP permit. Applicant will provide emergency call box in the parking lot. Applicant will provide updated

1 and Item #17 will be complied with if doing so will not interfere with Applicant’s existing DEP permit. Applicant will provide emergency call box in the parking lot. Applicant will provide updated landscaping plan with smaller trees, large shrubs along the walkway to provide a safety buffer from the river channel subject to Board review and approval. . Applicant will provide benches and trash receptacles along the river walkway. . Applicant to provide a sustainable material list and an exterior material list subject to the review and approval of the Board. Applicant shall consider having the roof color a lighter shade to avoid heat island effect. NAPLANNING. BRD\WPIMINUTES\2013\8-7-13 Minutes.doc 12