PB 24 01 West Essex Highlands Inc Application and Relevant Documents

ALL DOCUMENTS MUST BE PREPARED, SIGNED AND SEALED RY NEW JERSEY LICENSED PROFESSIONAL. Concept Plan Major Application Minor Application Item Number Description Subdivision Site Plan General Development Plan Subdivision Site Plan Preliminary a1d7d N02 BLIIdOONI aaisandny UAV Final tal . Spot and finished elevations at all Property comers, comers of al dwellings, —-X.--|-. 41. em: Road und paving cross-sections and profiles, Comment: See item 40, 42. Jism: Proposed street names, Comment: Applicable anly wl proposed, 43. Hem: New block ith local assessor or Comment: Needed whenever a new fol is created, N/A 44. Hem: Plan & details. ‘Comment: Not applicable for minor subdi because just creating lots, Applicant wil. x provide esti signs, traffic control x x x x **partial waiver for street signs

ALL DOCUMENTS MUST RE PREPARED, SIGNED AND SEALED BY NEW LICENSED PROF! Concept Plan Major Application Minor Application General Site Plan ALATNOD SLITNOON Item Number Deseription Development “Plan Preliminary | Final 49, lem: Vehicular ond pedestrian circ: pattems (less detail necessary for pre-app concept plan and GSP stages). Comment: See lem 44, 50, tem: Parking plan showing spaces, size and 'ype, aisle width, curb euts, drives, driveways, and all ingress and egress areas and dimensions, Comment: Si m 44, ary architectural plan and aca om D: 8/3/05 aw & Awards\PB-ZBAPP.FRM\CHECKLST\CHECKLST.FRM. lave to be included for pre-application-concept plan and GDP. ject to other regulatory approvals, ALL DOCUMENTS MUST RE PREPARED, SIGNED AND SEALED BY NEW JERSEY LICENSED PROFESSIONAL,

SUSTAINABILITY CHECKLIST FORM APPLICANT— PRINT OR TYPE — ALL SECTIONS TO_BE COMPLETED: TOWNSHIP OK (Date) SUSTAINABLE BUILDING AND DESIGN STANDARDS Name of LEED Accredited Professional working on project: List of Energy Star and WaterSense appliances, fixtures and construction techniques: List of green and recycled building materials in new construction, renovation, and maintenance: Waste Management Plan for recycling and/or reuse of 60 percent of all construction and demolition of waste generated in projects Jarger than $25,0000: Use of any water efficient landscaping: Use off any on-site renewable energy systems such as: () Solar (i) Wind (ii) Geothermal of roofing materials designed to reduce the urban land effect such as: (i) Construction of roof top gardens to reduce solar gain in summer and insulate in winter di) Use of roofing materials that are no darker than a light gray or demonstrate how alternate roofing materials reduce the urban heat island effect *See Exhibit C to Settlement Agreement (Design Terms and Conditions) (copy enclosed) Details of any sustainable stormwater systems employed such as: (i) Bioswales/ raingardens Gi) Permeable surfaces (iii) Grey water systems (iv) Retention and detention facilities (vy) Continuous trenching A list of native and well adapted species used in landscaping to eliminate the need for fertilization and pesticides: Note: Please indicate for each of the sustainable building/desi; reason(s) why it is not being incorporated in the project. As of April, 2015 ign items listed, the extent to which the measure is being incorporated in the project or, alternatively, indicate the

LIST OF CONTIGUOUS OR ADJACENT PROPERTIES OWNED BY APPLICANT Block 179.17, Lots 1 through 9 Block 179.14, Lot 15

DISCLOSURE OF OWNERSHIP The following are the names and addresses of individuals owning ten (10%) percent or greater of the applicant, West Essex Highlands, Inc., a New Jersey Corporation: NAME ADDRESS Leonard A. Wilf 820 Morris Turnpike, Suite 301 Short Hills, NJ 07078 Zygmunt Wilf 820 Morris Turnpike, Suite 301 Short Hills, NJ 07078 Mark Wilf 820 Morris Turnpike, Suite 301 Short Hills, NJ 07078 Gary Happel 820 Morris Turnpike, Suite 301 Short Hills, NJ 07078

SETTLEMENT OF LITIGATION AGREEMENT This Settlement of Litigation Agreement (the “Agreement”) is entered into this___ day of , 2020, by and between WEST ESSEX HIGHLANDS, INC., a corporation of the State of New Jersey having a business address of 820 Morris Turnpike, Short Hills, New Jersey 07078 (“WEHI”), the TOWNSHIP OF WEST ORANGE, County of Essex, State of New Jersey, a municipal corporation of the State of New Jersey with a business address of 66 Main Street, West Orange, New Jersey 07052 (the “Township”), and WEST ESSEX HIGHLANDS CONDOMINIUM ASSOCIATION, INC., having an address of 1 Reger Lane, West Orange, New Jersey 07052 (the “Association”). Collectively, WEHI, the Township and the Association shall be referred to as the “Parties.” WITNESSETH: WHEREAS, this Agreement concerns the development of real property consisting of approximately 120.5 acres generally located in the northwest corner of the Township adjacent to the northern terminus of Warner Road, which property is specifically identified as Block 179, Lot 32 on the Township's Official Tax Map (the “Subject Property”); and WHEREAS, the Subject Property is generally bordered by the Township of Essex Fells (“Essex Fells”) to the west, the Township of Verona (“Verona”) to the north, and the West Essex Highlands Condominium development in West Orange (the “Condominium”) to the south; WHEREAS, the Association is duly constituted condominium association for the Condominium; WHEREAS, WEHI is the owner of the Subject Property; and WHEREAS, the Township instituted certain litigation now pending in the Superior Court of New Jersey, Law Division, Essex County captioned In the Matter of the Application of the

Township of West Orange, Docket No. ESX-L-4697-15 (the “Declaratory Judgment Litigation”); and WHEREAS, the Declaratory Judgment Litigation seeks declaratory relief approving the Township’s plan to satisfy its current affordable housing obligation and immunity from builders’ remedy lawsuits through the year 2025; and WHEREAS, WEHI intervened as a defendant in the Declaratory Judgment Litigation; WHEREAS, WEHI and the Township engaged in court-ordered mediation with Elizabeth McManus, P.P., the court-appointed Special Master in the Declaratory Judgment Litigation; and WHEREAS, the Association is not a party to the Declaratory Judgment Litigation, but WEHI and the Township recognized the Association, an adjacent neighbor to the Subject Property, as an interested party with respect to the development of the Subject Property whose participation and input at mediation was deemed essential; WHEREAS, the Township wishes to include the Subject Property as part of its affordable housing compliance plan in connection with the Declaratory Judgment Litigation; and WHEREAS, the Parties, subject to the terms hereof and all other required governmental approvals, have agreed that the Subject Property shall be developed as a multi-family residential development consisting of 396 market rate units and 100 affordable units, for a total of 496 units, and a clubhouse/amenity buildings (the “Proposed Development”) consistent with the “West Essex Highlands Concept Plan 16 for West Essex Highlands, Block 179, Lot 32, Township of West Orange, Essex County, New Jersey” dated March 3, 2020 prepared by Anderson Consulting Services, LLC (the “Concept Plan”), a true copy of which is attached hereto as Exhibit A; and WHEREAS, the Concept Plan reflects certain requests by the Association, including that (1) the Proposed Development be located a sizeable distance from the Subject Property’s boundary

with the Condominium; (2) Bayowski Drive remain a cul-de-sac and will only serve as an emergency access point to the Proposed Development; (3) the Proposed Development result in a minimal amount of disturbance to the Subject Property; and (4) Warner Road is intended as the primary means of access to the Proposed Development; and WHEREAS, the Parties, subject to the terms hereof, have agreed that the Proposed Development shall include an affordable housing set aside of 20% of the total units constructed; and WHEREAS, the Subject Property is not presently zoned as to permit the development of the Proposed Development; and : WHEREAS, Township has agreed to adopt an ordinance rezoning the Subject Property so as to permit the construction of the Proposed Development as of right consistent with the permitted uses and bulk standards as set forth in a proposed amendment to the Zoning Ordinance of the Township in the form attached hereto and made a part hereof as Exhibit B (the “Zoning Amendment”); and WHEREAS, the Parties recognize and agree that the Proposed Development shall be accomplished in a manner consistent with the design terms and conditions set forth in Exhibit C, attached hereto (the “Design Terms and Conditions”); and WHEREAS, the Parties recognize and agree that the Proposed Development shall be accomplished in a manner consistent with the terms and conditions agreed to by the Association and WEHI, as set forth in Exhibit D, attached hereto (the “Association Terms and Conditions”); and WHEREAS, the Planning Board of the Township of West Orange (the “Planning Board”) is not a party to this Settlement Agreement. However, the Parties understand and

anticipate that the Planning Board will consider the Proposed Development in accordance with applicable land use laws, municipal ordinances and the Township’s approval of this Agreement; and WHEREAS, in order to amicably resolve all issues in the Declaratory Judgment Litigation, the Township shall adopt the Zoning Amendment in a manner consistent with this Agreement; and WHEREAS, the Parties have reached an amicable settlement of the Declaratory Judgment Litigation, and desire and intend to memorialize the settlement by the execution of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES, TERMS AND CONDITIONS SET FORTH HEREIN, INTENDING TO BE LEGALLY BOUND HEREBY, THE PARTIES AGREE AS FOLLOWS: 1. RECITALS. The WHEREAS recital paragraphs hereinabove set forth are incorporated herein by reference. 1.1. PURPOSE. The Purpose of this Agreement is to amicably resolve the Declaratory Judgment Litigation consistent with the terms hereof which, in part, are intended to ensure the construction of the Proposed Development generally consistent with the Concept Plan. 2. OBLIGATIONS OF THE TOWNSHIP. 2.1. Adoption of Zoning Amendment. Within one hundred twenty days (120) days from Court approval of this Agreement at a duly noticed Fairness Hearing, the Township shall move and vote on the adoption of an ordinance similar in all material respects to the Zoning Amendment after a duly noticed public hearing. Within the same time period, the Planning Board shall make recommendation on the Zoning Amendment in accordance with the procedures of the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq. (“MLUL”), Simultaneously, to the extent

necessary, the Council shall submit an amendment to the Master Plan for consideration by the Planning Board consistent with the Zoning Amendment. The Township hereby agrees not to take any action which will modify the Zoning Amendment or which will otherwise require a variance application in connection with the Proposed Development without the consent of WEHI. 2.2. Obligation to Cooperate. The Parties acknowledge that in order to construct the Proposed Development on the Subject Property, WEHI will be required to obtain all necessary agreements, approvals and permits from all relevant public entities and utilities; such as, by way of example only, the Planning Board, the County of Essex, the Essex County Planning Board, and the State of New Jersey, Department of Environmental Protection (“NJDEP”) -- including all ordinance requirements as to site plan and/or subdivision approvals (collectively, the “Required Approvals”). The Parties agree to cooperate in all undertakings to obtain the Required Approvals, including but not limited to those approvals required for the installation of a traffic signal at the intersection of Eagle Rock Avenue and Oval Road, including the Township exercising its eminent domain/condemnation powers. All expenses to obtain approvals and acquisition of property shall be at WEHI’s sole cost and expense. If any public takings are necessary for intersection improvements, WEHI shall have the sole authority to settle any condemnation proceedings and WEHI shall fund all expenses of any condemnation process, including but not limited to legal fees, appraisals and any other experts and any just compensation required by any settlement or formal decision awarding such compensation. Within five (5) days of the Township Council’s approval of this Agreement, the Township shall provide a copy of this Agreement to the Planning Board. Although the Association and WEHI may desire for the Township to accept a dedication of Oval Road as a public road, the Township does not presently have a desire to accept Oval Road as a public road and is under no obligation to do so in the future,