May 21, 2014 Special Meeting

15. 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 and stipulations 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 all outstanding taxes, tax liens, application fees and technical review fees, as well as any inspection fees that may be required hereunder. Applicant shall comply with the requirements for affordable housing compliance, if any, which apply, including any amendments or revisions thereto, as the same may require the creation of low and/or moderate income housing or contribution therefore as a result of this approval. Applicant is granted a c(4) variance for the construction of a stairway to provide access to the first floor ina side yard that is 7.48 feet setback from the lot line to the building at its closest point. All notes included in the approved plans, including notes required by this Resolution, shail be deemed conditions of approval having the same force and effect as conditions expressly set forth in this Resolution. That the applicant shall comply with all other applicable governmental authorities regarding this development and/or with any exceptions granted, if any, by such authorities. Applicant shall install curbing along the

t shall comply with all other applicable governmental authorities regarding this development and/or with any exceptions granted, if any, by such authorities. Applicant shall install curbing along the common property line with lot 64.02. Site Plan shall reflect all existing conditions, including landscaping. Lots 24 and 60.01 in Block 159.01 shail be consolidated. Playground materials to be properly identified on Site Plan and appropriate details published. Applicant shall comply with the following comments in Omland Review letter dated May 19, 2014: Items 1, 2, 3, 11, 12, 13, 14, 16 and 19. No other tenants, subtenants, licensees or occupants shall use the building.