Draft_October 2025_West Orange_HEFSP_with Appendices

In Witness Whereof, the parties have duly executed and delivered this Agreement as of __________ _____, 2021. Owner West Orange Office Executive Park, LLC a Delaware limited liability company By: West Orange Office Executive Park Mezz LLC, a Delaware limited liability company, sole member By: West Orange Office Executive Park LLC, a New Jersey limited liability company, managing member By: Dolphin Management LLC a New Jersey limited liability company, sole member By:__________________________________ Name: Moses Berger, as Sole Manager of Dolphin Management LLC Entrant TOWNSHIP OF WEST ORANGE, NEW JERSEY By: 4839-2360-2911, v. 3 Robert D. Parisi, Mayor

PB-20-02 GREEN ESSEX PARTNERS URBAN RENEWAL ENTITY, LLC RESOLUTION OF THE PLANNING BOARD OF THE TOWNSHIP OF WEST ORANGE Granting preliminary site plan, final site plan, and tree removal permit approval to construct a multi-family residential development. WHEREAS, the Planning Board of the Township of West Orange, at a meeting held on June 3, 2020, as well as at a continued special meeting on June 25, 2020, both which were properly noticed in accordance with the Open Public Meetings Act, considered the application for preliminary site plan, final site plan, and tree removal permit approval to construct a multi-family residential development on property located in the Executive Drive Multi-Family Residential Zone of the Essex Green - Executive Drive Redevelopment Plan identified as Block 155, Lots: 40.02, 42.01, and 42.02, The application was submitted by Green Essex Partners Urban Renewal Entity, LLC (the “Applicant”), through its attorney, Francis X. Regan, Esq.; and WHEREAS, the Applicant provided notice to property owners within 200 feet of the property and in the official newspaper of the Township in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-12; and WHEREAS, the Planning Board considered the presentation of Francis X. Regan, Esq., attorney for the Applicant; and heard and considered the testimony of Zachary E. Chaplin, P.E., the Applicant's engineer (licensed in New Jersey as an engineer, and qualified in that capacity by the Board), Jack L. Raker, R.A., the Applicant’s architect (licensed in New Jersey as an architect, and qualified in that capacity by the Board), Paul DeVitto, the Applicant’s landscape architect (licensed in New Jersey as a certified landscape architect, and qualified in that capacity by the Board), Eric L. Keller, P.E., the Applicant's Traffic Engineer (licensed in New Jersey as an engineer, and qualified in the capacity of a professional traffic engineer by the board); and

considered questions and comments from Board members and from the public as shall appear in the Board’s minutes for the meetings of June 3, 2020 and June 25, 2020; and considered the following documents submitted by the Applicant: SUBMIS IN! ITEM SIGNED BY DATE/REVISION Site Plan (29 sheets) Zachary E. Chaplin, P.E. 5/7/20 Tree Location Survey (2 sheets) Philip A. McEntee, Jr., P.L.S. 4/22/20 Landscaping Plan (2 sheets) Zachary E. Chaplin, P.E. 4/29/20 Tree Removal Plan (1 sheet) Zachary E. Chaplin, P.E. 4/29/20 Truck Turn Exhibit (5 sheets) Jeffery A. Martell, P.E. 4/28/20 Sustainability Memorandum Zachary E. Chaplin, P.E. 5/8/20 Architectural Plans (22 sheets) Minno Wasko Architects and Planners 3/19/20 Traffic Engineering Evaluation Eric L. Keller, P.E., P.P., LEED AP 3/19/20 Stormwater Management Report — Zachary E. Chaplin, P.E. $/7/20 Report of Geotechnical Investigation Nejm E. Jundi, P.E. 1N31/19 EXHIBITS PRESENTED BEFORE THE BOARD NUMBER DESCRIPTION A-1 AERIAL EXHIBIT A-2 STONEFIELD 5/27/20 REPORT A-3 COLORED SITE PLAN A-4 EXISTING CONDITIONS PLAN A-21 COVER SHEET A-22 SECOND FLOOR PLAN, BUILDING A A-24 PACKAGE CENTER PHOTO A-30 FLOOR PLANS-BUILDINGS B/C A-31 ELEVATIONS—BUILDING B A-32 ELEVATIONS—BUILDING C

A-34 UNIT PLANS A-35 APARTMENT INTERIOR PHOTOS A-36 APARTMENT PHOTOS A-37 VIEW OF LIVING SPACE WHEREAS, a complete application has been filed, all fees required by Ordinance have been paid and it otherwise appears that the jurisdiction and powers of the Planning Board have been properly invoked and exercised; and the Board having conducted a vote on this application on June 25, 2020; NOW, THEREFORE, does the Planning Board of the Township of West Orange make the following findings of fact and conclusions of law with regard to this application: 1. This is an application for preliminary site plan, final site plan, and tree removal permit approval to construct a multi-family residential development. 2. The Board reviewed the site plan and related submission items and exhibits listed in this Resolution. 3. The Board finds that the detailed drawings, specifications, and estimates submitted by the Applicant and listed in this Resolution conform to the standards of all applicable ordinances. 4. The Board has recommended and the Applicant has agreed to the following additional conditions of approval: a. Subject to the Applicant’s compliance with all comments in the report of the Board Engineer;

. Subject to the Applicant’s compliance with all comments in the report of the Township Forester; . The Applicant shall supply the Township Planning Director with an Affidavit of Compliance with all conditions agreed to by the Applicant; . The Applicant’s Traffic Engineer shall provide guidance/recommendations to the Township Engineer as to which signalization modifications should be suggested to Essex County Transportation Officials concerning the Prospect Avenue intersection at Eagle Ridge/Essex Green. It being understood that the Applicant shall not be responsible for the cost of any such modifications nor to implement such modifications unless specified in County planning board approval; . The Applicant shall use best efforts to coordinate pedestrian sidewalk lay outs with adjoining property owners where possible; The Applicant shall consider installing additional bike storage racks abutting proposed residential buildings B and C; . Prior to the issuance of a construction permit, the Applicant shall meet with officials from the Township Fire Department in order to address any of the Department’s concerns, which shall include the proper specifications for installation of standpipes within the parking garage structure; . The Applicant shall submit a colorized tree exhibit, which includes a tree replacement plan;

resolution. The Applicant will retain a Landscape Architect to provide construction administration oversight during the tree removals and planting to assure proper tree and landscape protections are carried out; The Applicant shall provide documentation on the snow removal maintenance plan for the property; The Applicant will provide 'blue light' emergency call station(s) in the vicinity of the dog park for purposes of enhancing public safety; The Applicant's engineer shall add these conditions onto the final site plan drawings to be signed by the Township Engineer and Planning Board Chair; . The Applicant shall coordinate with the Township for purposes of providing shuttle/jitney station service from the property as may be needed; The Applicant shall confer with the appropriate Township officials in an effort to provide adequate safety precautions in regards to the lighting conditions on the pedestrian walkways within the property; All findings of fact and conclusions of law set forth herein are deemed conditions that are binding on the Applicant. NOW, THEREFORE, BE IT RESOLVED that this application for preliminary site plan, final site plan, and tree removal permit approval to construct a multi-family residential development is approved in accordance with the site plan, subject to the conditions set forth in this The foregoing is a true copy of the resolution adopted by the Planning Board of the Township of West Orange. ig SEANMCCAULEY, ACTING BOARD SECRETARY

WEST ORANGE TOWNSHIP PLANNING BOARD Dated: 6 20 20 ROLL CALL VOTE ON ACTION TAKEN BY THE BOARD AT SPECIAL MEETING ON JUNE 25, 2020 Board Member Motion Second Aye Nay Abstain Absent Bagoff (Vice-Chair) x x Johnson (1* Alt.) x Smeraldo x Klein x McCartney x Trenk x Wegner x Weston (Chair) x x Williams x Wilkes x ROLL CALL VOTE ON ADOPTION OF MEMORIALIZED RESOLUTION OF ACTION TAKEN BY THE BOARD AT REGULAR MEETING ON AUGUST 5, 2020 Board Member Motion Second Aye Nay Abstain Absent Bagoff (Vice-Chair) x x Johnson (1* Alt.) x Smeraldo x Klein x McCartney x Trenk x Wegner x Weston (Chair) x x Williams x

Wilkes

APPENDIX K Mandatory Set-Aside Ordinance

4. Township of West Orange may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18. 5. No more than twenty (20%) percent of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, anW/or an affirmative marketing program. In the case of a rehabilitation program, no more than twenty (20%) percent of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with monitoring requirements. i, Monitoring. The Township of West Orange shall complete all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Township of West Orange's housing program, as well as to the expenditure of revenues and implementation of the plan approved by the Court. All monitoring reports shall be completed on designated forms. j. | Ongoing Collection of Fees. The ability for the Township of West Orange to impose, collect and expend development fees shall expire with its judgment of compliance and repose unless the Township of West Orange has filed an adopted Housing Element and Fair Share Plan with the Court or other appropriate jurisdiction, has filed a Declaratory Judgment action, and has received Court approval of its development fee ordinance. If the Township of West Orange fails to renew its ability to impose and collect development fees prior to the expiration of its judgment of compliance and repose, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund"