PB 24 01 West Essex Highlands Inc Application and Relevant Documents

6.0 MISCELLANEOUS PROVISIONS. 6.1. Effective Date of Agreement. The terms set forth in this Agreement shall become effective upon approval thereof by the Court at a Fairness Hearing duly noticed in accordance with law. 6.2. Severability. Unless otherwise specified, it is intended that the provisions of this Agreement are to be severable. The validity of any section, clause or provision of this Agreement shall not affect the validity of the remaining sections, clauses or provisions hereof. If any section of this Agreement shall be adjudged by a Court to be invalid, illegal or unenforceable in any respect, such determination shall not affect the remaining sections. 6.3. Successors Bound. The provisions of this Agreement and the obligations and benefits hereunder shall be binding upon and inure to the benefit of the parties, their successors and assigns, including any person, corporation, partnership, or other legal entity which at any particular time may have an interest in any of the provisions which are the subject of this Agreement. The Parties acknowledge that the individual members of the Association are not bound by this Agreement. 6.4. Governing Law. This Agreement shall be governed by and construed by the laws of the State of New Jersey. Venue shall be exclusively in the Superior Court of New Jersey, Essex County, Law Division. 6.5. No Modification, This Agreement may not be modified, amended or altered in any way except by a writing signed by each of the parties hereto. 6.6. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same Agreement.

6.7. Voluntary Agreement. The parties acknowledge that each has entered into this Agreement on its own volition without coercion or duress after consulting with its counsel, that each party is the proper person and possesses the authority to sign the Agreement, that this Agreement contains the entire understanding of the parties and that there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Township approval is subject to formal approval by the Township Council. 6.8. Preparation. Each of the parties hereto acknowledges that this Agreement was not drafted by anyone of the parties, but was drafted, negotiated and reviewed by all parties and, therefore, the presumption of resolving ambiguities against the drafter shall not apply. Each of the parties expressly represents to the other that: (i) it has been represented by counsel in connection with negotiating the terms of this Agreement; and (ii) it has conferred due authority for execution of this Agreement upon the persons executing it. 6.9. Exhibits. Any and all exhibits annexed to this Agreement are hereby made a part of this Agreement. 6.10. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and supersedes all prior oral and written agreements between the parties with respect to the subject matter hereof, except as otherwise provided herein. 6.11. Notices. All notices required under this Agreement (“‘Notice(s)”) shall be written and shall be served upon the respective parties by Certified Mail, Return Receipt Requested or by a recognized overnight or by a personal carrier. In addition, where feasible (for example, transmittals of less than 50 pages) Notices shall be served by email. All Notices shall be deemed received upon the date of delivery. Delivery shall be affected as follows:

To WEHI: West Essex Highlands, Inc. 820 Morris Turnpike Short Hills, NJ 07078 Attn.: Mark Hoffman Email: markh@gardenhomes.com With a copy to counsel for WEHI: Bryan D. Plocker, Esq. Hutt & Shimanowitz, P.C. 459 Amboy Avenue Woodbridge, NJ 07095 Email: bplocker@huttshim.com To the Township: Township of West Orange 66 Main Street West Orange, NJ 07052 Attn.: Township Administrator With a copy to counsel for the Township: Richard D. Trenk, Esq. McManimon, Scotland & Baumann, LLC 75 Livingston Avenue Roseland, NJ 07068 Email: rtrenk@msbnj.com To the Association: West Essex Highlands Condominium Association, Inc. 1 Reger Lane West Orange, NJ 07052 Attn: President, Board of Directors With a copy to counsel for the Association: Kenneth R. Sauter, Esq. Hill Wallack LLP 240 Cedar Knolls Road, Suite 209 Cedar Knolls, NJ 07927 Email: ksauter@hillwallack.com 18

IN WITNESS WHEREOF, WEHI, the Township and the Association have caused this Agreement to be properly cxccuted, witnessed and/or attested this day of , 2020, WEST ESSEX HIGHLANDS, INC. Witness: _ By. Dated: WEST ESSEX HIGHLANDS CONDOMINIUM ASSOCIATION, INC. vines POL By. deg a Kayf- NS pact: Rest (1, dere “Presid

Firefox about:blank IN WITNESS WHEREOF, WEHI, the Township and the Association have caused this Agreement to be properly executed, witnessed and/or attested this Zlaey of pe RIC , 2020. WEST ESSEX HIGHLANDS, INC. Witness: ait, Dated: : Woon Mronl 23, 2020 TOWNSHIP OF WEST ORANGE Witness: By. Dated: WEST ESSEX HIGHLANDS CONDOMINIUM ASSOCIATION, INC. ‘Witness: By. Dated: lofi - 4/23/20. 10:51 A?

EXHIBIT A (Concept Plan)

DEVELOPMENT SUMMARY AIT eas «@ ‘hue mon zm ts cuca o cetera ne PAUL W. ANDERSON | SREY WEST ESSEX HIGHLANDS CONCEPT PLAN 16: 3/03/20

EXHIBIT B (Zoning Amendment)

Township of West Orange Draft Proposed Zoning Amendments West Essex Highlands Property April 2020 ADD THE FOLLOWING NEW SECTION TO CHAPTER XXV LAND USE REGULATIONS: 25-19 IH-1 (INCLUSIONARY HOUSING) DISTRICT a. Purpose The purpose of the IH-1 District is to provide for inclusionary development that contributes to the yegion’s fair share of affordable housing, in accordance with a court settlement agreement which outlines provisions for same. b. Description of Zone Boundary The zone boundary of the IH-1 District shall encompass the entirety of the. property identified as Block 179 Lot 32, which shall hereafter be referred to as the "Tract." The zone boundary shall be coincident with the lot lines of Block 179, Lot 32. The municipal zone map is hereby amended to reflect same. c. General Provisions 1. The development regulations set forth herein shall apply to the Tract as a whole, not to individual lots which may be created within the Tract. The Tract shall be permitted to be subdivided into one or more lots, and one or more buildings or uses shall be permitted on a single lot. The Tract shall be permitted to be constructed in one or more phases consistent with NJ.A.C 5:97-6.4 (a). Any street within the Tract shall be permitted to be public or private. Development of the Tract shall be exempt from all bulk, design, and environmental regulations of the West Orange Land Use Regulations Ordinance, unless otherwise indicated herein, and further provided that nothing herein shall’ circumvent or contravene the procedural requirements of the Municipal Land Use Law (NJ.S.A. 40:55D-1 et seq.) nor the regulatory requirements of outside agencies including but not limited to New Jersey Department of Environmental Protection and Hudson-Essex- Passaic Soil Conservation District. d. Use Regulations 1. Permitted Principal Uses. 2. (a) Multifamily residential (b) Open space Permitted Accessory Uses (a) Residential amenities including but not limited to the following, by way of example: clubhouse buildings, swimming pools, fitness centers, lounges, common or private terraces and balconies, courts or open lawn areas for multipurpose use such as lawn games i.e. corn hole, bocce, badminton, croquet, and the like; work space or meeting space for tenants, tenant storage, dog parks and/or dog playgrounds. Rooftop amenities shall be permitted including observation

orn hole, bocce, badminton, croquet, and the like; work space or meeting space for tenants, tenant storage, dog parks and/or dog playgrounds. Rooftop amenities shall be permitted including observation areas or