West Orange Township_Fourth Round HEFSP_Final Draft

April 6, 2020 Page 12 37.No member, official or employee of the Township shall have any direct or indirect interest in this Agreement, nor participate in any decision relating to the Agreement which is prohibited by law, absent the need to invoke the rule of necessity. 38. Anything herein contained to the contrary notwithstanding, the effective date of this Agreement shall be the date upon which all of the Parties hereto have executed and delivered this Agreement. 39. 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 carrier or by a personal carrier. In addition, where feasible (for example, transmittals of less than fifty pages) Notices shall be served by facsimile or e- mail. All Notices shall be deemed received upon the date of delivery. Delivery shall be effected as follows, subject to change as to the person(s) to be notified and/or their respective addresses upon ten (10) days notice as provided herein: TO FSHC: Adam M. Gordon, Esquire Fair Share Housing Center 510 Park Boulevard Cherry Hill, NJ 08002 Phone: (856) 665-5444 Telecopier: (856) 663-8182 E-mail: adamgordon@fairsharehousing.org TO THE TOWNSHIP: Richard D. Trenk, Esq. McManimon, Scotland & Baumann, LLC 75 Livingston Avenue Roseland, NJ 07068 Phone: (973) 622-1800 Telecopier: (973) 622-3744 Email: rtrenk@msbnj.com WITH A COPY TO THE MUNICIPAL CLERK: Karen Carnevale, Municipal Clerk Township of West Orange 66 Main Street West Orange, NJ 07052 Please sign below if these terms are acceptable. Sincerely, lam M. Gordon, Esq. Counsel for Intervenor/Interested Party Fair Share Housing Center

April 6, 2020 Poge 13 On behalf of the Township of West Orange, with the authorization of the governing body: age 8 Dated: April 17,2020 /\

April 6, 2020 Page 14 EXHIBIT A: WEST ORANGE TOWNSHIP AMENDED Vacant Land Assessment Site Number | Development Density Total Units | RDP Zoning Acreage WEH-1 61.0 10 units per acre | 610 (new) 122 R-3 Redwood-2 5.3 24 unit per acre 127 (new) 25 R-2 3 5.3 8 units per acre 42.4 8.5 R-5 4 0.7 8 units per acre 5.6 1.1 R-5 5 0.5 10 units per acre 5.0 1.0 R-6 6 12.5 10 units per acre 125.0 25.0 R-2/R-5 7 28 8 units per acre 22.4 4.5 R-5 8 46 8 units per acre 36.8 7.4 R5 9 2.5 6 units per acre 15.0 3.0 P-C 10 9.4 6 units per acre 56.4 11.3 R-1 11 5.6 6 units per acre 33.6 6.7 R-1 12 11 6 units per acre 6.6 1.3 R-2 13 0.6 6 units per acre 3.6 0.7 R-2 14 1.6 6 units per acre 9.6 2 R-6 15 44 10 units per acre 41.0 8.2 OB-1 16 0.5 6 units per acre 3.6 0.7 R-1 17 0.8 8 units per acre 6.4 1.3 R-5 Valley Road 1.55 65 units per acre | 100 (new) 20 Central Ave. SelectoFlash 18 66.67 units per 100 (new) 20 Central Ave. acre Executive 4.72 26 units per acre 123(new) 23 Block 155 Lot Drive 40.03 Executive 18 23 units per acre | 425 (new) 85 Block 155, Drive Lot 40.02 + 42.02 Lennar 36 6 units per acre 216 (new) 43 Crestmont C.C. Total 420.07 Please note: The above chart represents only the final list of properties that generate RDP. The densities utilized to calculate this RDP are for settlement purposes only. The final complete vacant land analysis is available in a separate document.

April 6, 2020 Page 15

April 6, 2020 Page 16 EXHIBIT B: 2019 INCOME LIMITS ” SS | neponatasver HY “15 2 ” ‘ 4s s ‘ , ” | NL saeé@amasreel peat [Region 1 fica S66607 $72,365 $76,122 $85,637 $95,152 $98,959 $102,765 $110,377 $117,989 $125,602] 553.286 $57,082 $60,898 $48,510 $76,122 $79,167 $82,212 $94,391 $100,483] Peverdearrcc dl 75 S333903 $35682 $28,061 $42,819 547576 $49,479 $51,382 sages sezsox] 7% 4798) 583.998 [very Low 519.982 $21,409 522,437 _$25,691_ $28,546 __ $29,688 __ $30,829 $35,397 $37, Region 2 [Medion 570537 S75S76 S8O614 $90,691 $100,767 $104,798 $108,829 $116,890 $124.952 $133,013] as [Moderate | 556430 560.460 6441 $72,553 $860,614 589,038 $87,063 S99512 599.961 5106810 2 ge | sayy gan nego nndian P $35,269 537,788 $40,207 SAE,MS 550,384 552,399 S54414 | S8H4ES 562.476 [very Low $23.16) __$22673 $24,184 __ $27,207 __ $90,220 _ $31,439 __ 532,649 _$35.067_ 537,485 __538. [Region 3 [Mecian S8ZE1O SBRTIS 594,640 $106,470 $118,900 $123,092 $127,764 $137,228 5146,692 5156, Hunterdon, |Moderme | $66,248 $70,980 $75,712 585,176 $94,640 $98,426 5102211 $109,782 $117,354 51 a ar tiaaen |} cranes paidcieserand — low SALMOS 544363 547,320 553,235 559,150 SEL SIS SERED 568514 STEMS [romerset [very tow S24843 526618 528,392 $91,941 $35,090 $36,910 538.329 S44.i68 _$44008 $46,847] Region & [Mecian S7ZAGS —-ST7Y SATA 592,783 $109,092 $107,216 $111,300 $119,587 $127,834 $136,082 Mercer, Moderate | 557,732 S6LASS $65,579 $74,226 582,478 $85,773 589,072 595670 S102268 S10BFES] 26, sory! sigzois Monmouth ang $36082 $38,560 S41237 $46,382 $51,546 553,608 $55,670 $59,754 $63,917 $68,041] eee 522649 _$23.196__$24,742__ $27,435 __ $40,928 __$32,165 __$33,402_ $35,876 __$38.350__ $40,825] Region s 363070 S6757S $72,080 $81,090 $90,100 $93,708 $97,308 $1085i6 $111,724 $118,993] Burtington. SSOASG 554060 S57564 544872 $72,080 $74,963 S77.80G SERE13- $89379 $95.14 a | giee gat jComden and 531535 $33,788 $36,080 $40,545 $45,050 $46,852 SABES4 $52,258 S55,862 559, ow Very Low [Mecian Moderate Low jotoucester [Very Low $18.921__$20.273_ $21,624 __$24,327_$27,030_ $28,111 $29,192 $31.388 $33,817 _$35, [Mean [Moderate lLow $53,714 $57,580 61387 569,061 576,734 579,803 582,873 589,012 595,150 510 JAtiantc, Cape SA297L_ $46,040 $49,110 $55,248 S6LIE7 563,863 $66,298 S71.209 $76,120 S809 gag | staan May, Cumbertand, S26857 $28,775 $30,694 $34,530 $38,367 539,902 541436 544505 547575

595,150 510 JAtiantc, Cape SA297L_ $46,040 $49,110 $55,248 S6LIE7 563,863 $66,298 S71.209 $76,120 S809 gag | staan May, Cumbertand, S26857 $28,775 $30,694 $34,530 $38,367 539,902 541436 544505 547575 S50, : Jana Salerm [very Low SU6A14 $17,265 _S18416 $20,718 $23,020 $23,941 $24,862 $26,703 S28S4S $30,381 ‘Moderate income is between 80 end 50 percent Of Oe plow 7530) or tess of Very low 290) or best of Thee are tor the for one, two and three, ale and rental unets as por NIAC. 5:80:26 44), This is used tor: the pricing for rent for mies (2 under NJAC, $:97-8 2). The mcrease for 2015 was 2.3%, the increase for 2016 war 1.1%, the increave for 2017 was 1.7%, and the increase for 2018 was 2.24. The increase for 2019 is 2.6% (Consumer price Index for All Urban Consumers (CPU): Regions by expenditure category and and group). Landiords who did not remts in 2015, 2016, 2027, of 2018 may rent by up to the percentage 2019 oF 3.09% is lass in mecordance with NJAC §:97-9.3(c}. in no case can rent for any particular aparement be increated more than one time per year, Ths ts used for the for resale or units (x3 pr Under NJAC 5:97.83) The price of owner-occupied low and moderate income units may increase annually Based on the percentage inthe init tor each FePON. In no event shall the marimum resale price establaned by the adminestrative agent bbe lower than the last recorded purchase price. Low income tax credit developments may based on the low ax cred ‘**** The Regional Asset Limit is uted in determining an applicant's eligibility for affordable housing purnvant to NJAC. $:80-26.16(b)3.

APPENDIX B Settlement Agreement between the Township of West Orange and West Essex Highlands, Inc., dated April 23, 2020

EXHIBIT WO-2 (West Essex Highlands Settlement Agreement)

96-20 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, WEH 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