PB 24 01 West Essex Highlands Inc Application and Relevant Documents

and (2) WEHI’s obligation to install landscaping and/or buffering on or near the property owned by the Association, pursuant to WEHI’s agreement with the Association and in cooperation with the Association. 3. Building & Site Utilities: a. b. c, d. Implement underground utilities where site conditions allow. Conceal and/or screen exposed utility structures such as transformers. Install individual metering or submeters as appropriate for water, gas and electric utilities. Prewire all units for hi-speed internet. 4. Building: Energy Efficiency and Green Initiatives: a. b. Implement education of tenants in the reduction of energy, water consumption, and environmental beneficial operations. Appliances: Utilize only Energy Star appliances in all apartments. i. Do not install any unvented combustion appliances (ovens and ranges excluded). HVAC Equipment shall meet the following minimum efficiency standards: i. Furnaces shall be Energy Star Rated or have an AFUE of 95% or better. ii. Air conditioning systems shall be Energy Star Rated or have a minimum SEER of 15 and a 12.5 EER for split systems. 1, Package systems shall have a minimum SEER of 15 and an EER of 12. iii, Domestic Hot Water heaters shall be Energy Star Rated or meet the following minimum energy efficiency standard: 1. </=55 gallon shall have an energy factor of 0.67 or better. iv. WEHI may apply to the Environmental Compliance Officer for a hardship waiver on the installation of HVAC equipment meeting the standards outlined herein. Approval of such an application shall not be unreasonably withheld. The minimum requirements for such an application shall include the following information: 1. Proof that WEHI has applied to the New Jersey Office of Clean Energy for an energy rebate package on both HVAC and Hot Water systems. A complete copy of the application shall be submitted for review. a. The full value of any rebates shall be clearly marked. 2. Evidence that the inclusion of the systems substantially interferes with the structural design of the building. 3. Financial documentation that the cost of the systems exceeds the cost of any potential rebates offered by any government agency requiring that WEHI expend a sum greater-than two (2) times the cost of a system of lower energy standard.

vy. The Environmental Compliance Officer shall review the application and respond within ten (10) days of receipt of all required information. vi. WEHI may appeal a negative decision to the Township Council for reconsideration. d, Utilize energy efficient double pane, low-e glazing on windows and patio doors throughout the development with the following minimum performance standards: i. Windows will have a minimum National Fenestration Rating Council (NFRC) performance standard of: 1. U Factor </=.30 2. SHGC ->/-.40 a. Window selection may be modified based on the orientation of the residential units. Windows facing East/South and West must meet both criteria. Windows facing North may waive the SHGC standard but must meet the U factor standard. ii. Patio or glass doors of any type leading from residential units to balconies or patios will have minimum National Fenestration Rating Council (NFRC) performance standard of: 1. U Factor </=,30 2. SHGC ->/=.40 a. Door selection may be modified based on the orientation of the residential units. Windows facing East/South and West must meet both criteria. Windows facing North may waive the SHGC standard but must meet the U factor standard. e. Utilize Energy Star or DLC approved LED lighting throughout interior and exterior. For common area exterior site lighting, provide Dark Sky Qualified lighting and incorporate one or more of the following: i. Motion sensor controls ii. Integrative photovoltaic cells, iii. Photosensors iv. Astronomic time-clock operation f. Renewable energy: Design structures to allow for future incorporation of solar panels, . Each lavatory faucet will have a maximum flow rate of 1.5 gallons per minute. . Each toilet shall utilize no more than 1.28 gallons per flush. Each showerhead will have a maximum flow rate of 2.0 gallons per minute. Covered Parking Areas: Reduce tenant exposure to indoor pollutants from covered parking through the use of tightly sealed building envelope and natural or mechanical ventilation of enclosed parking areas per the building code standards. i. Ata minimum, all conditioned spaces above the garage shall have all penetrations and all connecting floor and ceiling joist bays sealed. ii. Electric Vehicle Charging Stations: Install electric vehicle charging stations at each building (within underground parking area) and make provisions for additional future

ling joist bays sealed. ii. Electric Vehicle Charging Stations: Install electric vehicle charging stations at each building (within underground parking area) and make provisions for additional future charging stations through installation of conduit. So pag

k. Bathrooms and Kitchens to be individually ventilated to minimize excess moisture and odors in each dwelling unit. 1. Duct work to be protected during construction to avoid contamination. m. Install permanent walk-off mats designed to allow for cleaning at each common exterior entryway. n, In the interior of the units, use as many building components as possible based on availability, timing and cost (‘“‘cost” is defined as cost neutral for the specific product) that meet one or more of the following criteria subject to Paragraph (0) below: i, Green Seal ii. Cradle to Cradle iii. California Department of Public Health Standard Method V1.1-2010 or equivalent iv. UL Greenguard or UL Ecologo. v. Green Squared vi. SCS Global Services vii. Declare Living Future Institute viii. Forest Stewardship Council (FSC) ix. Product contains at least 25% post-consumer and 50% pre-consumer material. x. Product preference will be given to manufacturers who participate in an Extended Producer Responsibility Program. 0. The use of one or more of the standards outlined in Paragraph (n) above must apply to all interior paints and coatings, adhesives, and sealants. 5. Building: Safety and Appearance a. Building will be equipped with fire sprinklers throughout. b. Exterior fagade materials and claddings will be selected to be low-maintenance or maintenance-free to provide a lasting quality and appearance. c. Install carbon monoxide detectors in each unit. d. Covered parking to be provided for at least 40% of required stalls. Handicap parking stalls to be distributed in both covered parking lots and open surface lots. e. All common areas and dwelling units to be designed to meet or exceed accessibility standards prescribed by N.J.A.C. 5:97-3.14 and the Fair Housing Act. f. Tenant amenities to be provided for both active and passive recreation. Among tenant amenity spaces will be interior mail room(s) and parce! package locker(s). 6. Records will be provided to verify each item outlined in this exhibit as requested by the Township of West Orange. Acceptable records will include: a. Receipts for products and materials,(Must be provided for all products. Pricing may be redacted). b. Product Labels. Product Extended Producer Responsibility Reports. d. Third Party standard descriptions for the specific Product. e

EXHIBIT D (Association Terms and Conditions)

EXHIBIT D (Items Agreed to By WEHI With Respect to the Association in Connection With the Proposed Development) 1, 496 residential upscale/luxury apartment units, 20% of which shall be low and moderate income housing units; 2. Building layout as set forth in the Concept Plan, subject to paragraph 5.2 of the Settlement Agreement; 3. Buildings of Proposed Development to have a minimum 100-foot setback from Association property; 4, To the extent possible, WEHI to minimize disturbance of 100-foot buffer for installation of utilities; 5. Berms with nondeciduous trees to be constructed and installed, similar to the Vizcaya project berms; to be determined by a joint, site specific inspections. The Association has the right to review landscape plans and installations WEHI’s landscape architect, upon request. Temporary irrigation shall be provided on berms for initial tree growth. Notwithstanding, based on ihe increased building setbacks and woodlands preservation, the parties recognize that such berms may not be necessary and/or desirable as adequate year-round buffer/screening may be provided. Therefore, the parties agree to consider omission of berms based on the extent of, for instance, preserved woodlands, undisturbed areas, setbacks, and elevations and agree to review these issues following the balloon test described in No. 31 below.] 6, Proposed Development to have amenities such as a pool/clubhouse, open space, features related to open space, i.e. walking trails, playground, ete., and other amenities related to the operation of an apartment complex. The amenities within the Development, excluding the dog/cat daycare and boarding facility identified in paragraph 33 below, shall not be open to the general public. Residents of the Association shall have the right to utilize any walking trails. Points of access to any such trails shall be provided at areas mutually agreeable to the parties, but shall not promote the parking of vehicles at such access points, (For instance, parking areas shall not be constructed without Association approval.); 7. The main public access to the Subject Property shall be via Warner Road and Kuzik Drive, as set forth in the Concept Plan, because same is likely required by New Jersey’s Residential Site Improvement Standards (“RSIS”). However, if RSIS permits the closure of Kuzik Drive, then Kuzik Drive shall be designated for

ept Plan, because same is likely required by New Jersey’s Residential Site Improvement Standards (“RSIS”). However, if RSIS permits the closure of Kuzik Drive, then Kuzik Drive shall be designated for emergency access only. If RSIS requires Kuzik Drive to remain open, WEHI shall seek a waiver from RSIS requirements before the Planning Board in connection with WEHI’s application for the Proposed Development. If the request for a waiver is denied, then Kuzik Drive shall serve as a secondary access point along with Warner Road. If Kuzik Drive remains open, WEHI shall employ traffic calming measures (i.¢., speed bumps, humps and/or tables) intended

to route as much traffic as possible onto Warner Road, to the extent permitted by RSIS (to be discussed and designed as the construction of the Proposed Development progresses); 8, Bayowski Drive shall remain a cul-de-sac, but may provide emergency access to the Subject Property; 9, Emergency access to the Subject Property shall be via Howell Drive and Bayowski Drive, to the extent required by the Township and/or Planning Board. If permitted by RSIS or if WEHI obtains a waiver (see No. 6, above), then Kuzik Drive shall also serve as emergency access to the Subject Property. All emergency access points shall include physical barriers to deter and prevent non-emergency access; 10. WEHI to install speed bumps/traffic calming devices and/or signage on Association lands where necessary (to be discussed and designed as the construction of the Proposed Development progresses); 11. WEHI to install landscaping, buffering and speed calming measures/devices along Warner Road and Kuzik Drive within Association lands in connection with transforming Warner Road into a “boulevard” (to be discussed and designed as the construction of the Proposed Development progresses); 12. The construction of the Proposed Development will not result in any loss of parking on Association lands; 13. Before the commencement of construction of the Proposed Development, and within thirty (30) days following nonappealable site plan and related municipal land use approvals for the Proposed Development, WEHI will pave the portion of Oval Road ftom Oval Road’s intersection with Eagle Rock Avenue to Oval Road’s intersection with Warner Road; 14. Contemporaneously with the commencement of the paving of the first portion of the final course of roadway paving within the Proposed Development, WEHI shall restore and repave the following Association roads (the “Shared Roads”); Oval Road from Eagle Rock Avenue to Warner Road; Warner Road; Kuzik Drive; Reger Lane; a portion of Lapis Circle (southeast quadrant connecting Reger Lane to the northeast segment of Lapis Circle and continuing to its intersection with Kuzik Drive) and Bayowski Drive; 15. Warner Road shall be the only road utilized by WEHI in connection with the construction of the Proposed Development. WEHI shall in good faith limit construction traffic and employ dust control/street cleaning measures, as necessary. WEHI shall not

WEHI in connection with the construction of the Proposed Development. WEHI shall in good faith limit construction traffic and employ dust control/street cleaning measures, as necessary. WEHI shall not permit construction deliveries on Saturday, Sunday or holidays. No construction parking/idling shall take place within or near Association property; 16, WEHI shall provide the Association with at least 2-weeks’ notice of any road closures or utility interruption;

17. During construction of the Proposed Development, WEHI shall ensure access to and passage along Warner Road and Oval Road, and Warner Road and Oval Road shall be kept in good repair, i.e. fixing of potholes, etc.; 18. At the commencement of construction of the Proposed Development, WEHI and the Association shall divide the cost for the maintenance of Warner Road and the portion of Oval Road from Eagle Rock Avenue to its intersection with Warner Road, and any other common costs incurred by the Association in accordance with the ratio of 496 (WEHI): 300 (Association). As used in this Agreement, maintenance with respect to the Shared Roads shall mean and include, by way of example and not limitation, services, maintenance, repair, improvement and replacement with respect to the following: snow, ice, leaf and debris removal; catch basin and stormwater cleanout and repair; curb repair; paving; crack filling; traffic calming devices; sealcoating; line striping; and lawn, irrigation and landscaping services of the boulevards and island areas. The Association shall not be responsible for any roads or other improvements within or installed in connection with the Proposed Development, unless otherwise expressly agreed by the parties; 19, At the commencement of Construction, WEHI and the Association shall divide the cost of snow removal for Bayowski Drive and Kuzik Drive; 20. WEHI will support any effort by the Association to have Oval Road dedicated to the Township of West Orange; WEHI will obtain approval for and install a traffic signal at the intersection of Oval Road and Eagle Rock Avenue; 21. 22. WEHI will agree to install a bus shelter on the eastbound side of Eagle Rock Avenue at the entrance to Oval Road, to the extent WEHI is permitted to do so by the Township of West Orange and/or the County of Essex under conditions reasonable to WEHI; 23. WEHI does not intend to utilize the Association’s sewerage pump station in connection with the Proposed Development. However, if engineering concerns and/or the Township require the use of the Association’s pump station, WEHI shall, at its own cost, upgrade the pump station so that sewer services to the Association will not be adversely affected by the Proposed Development. In that event, WEHI shall enter into an agreement pursuant to which WEHI will split the cost/maintenance for the pump station on a 300:496