West Orange Fourth Round HEFSP_adopted 111025_Appendices

tlement, the parties contemplate the municipality will receive “the judicial equivalent of substantive certification and accompanying protection as provided under the FHA,” as addressed in the Supreme Court's decision in In re N.J.A.C. 5:96 & 5:97, 221 N.J. 1, 36 (2015). The “accompanying protection” shall remain in effect through July 1, 2025. If this Agreement is rejected by the Court at a fairness hearing it shall be null and void. 26. The Township will ensure that the sum of $50,000.00 in payment of fees and costs is conveyed to Fair Share Housing Center within 60 days of the approval of this Agreement by court order following a Fairness Hearing. The Township may enter into a separate agreement with the intervenor(s) for the payment of the entire fee of $50,000.00 to be paid to FSHC, but failure to secure payment from the developer/intervenors shall not remove the requirement that the Township ensure that $50,000.00 shall be paid to FSHC within 60 days of the approval pursuant to a duly-noticed fairness hearing. The Township agrees to enter into agreements with the intervenors that requires the payment of the funds to their counsel to be held in escrow within 60 days of the execution of the agreements between the Township and intervenors and before the fairness hearing in this matter. To the extent the Township advances these funds, it may seek reimbursement from the intervenors at a later point and FSHC will not be entitled to additional amounts.

27. 28. 29. 30. Si. 32. 33. 34. 35. 36. April 6, 2020 Page 11 If an appeal is filed of the Court's approval or rejection of this Agreement, the Parties agree to defend the Agreement on appeal, including in proceedings before the Superior Court, Appellate Division and New Jersey Supreme Court, and to continue to implement the terms of this Agreement if the Agreement is approved before the trial court unless and until an appeal of the trial court's approval is successful or any stay is entered, at which point the Parties reserve their right to rescind any action taken in anticipation of the trial court's approval. All Parties shall have an obligation to fulfill the intent and purpose of this Agreement. This Agreement may be enforced through a motion to enforce litigant's rights or a separate action filed in Superior Court, Essex County. A prevailing movant or plaintiff in such a motion or separate action shall be entitled to reasonable attorney's fees. Unless otherwise specified, it is intended that the provisions of this Agreement are to be severable. The validity of any article, section, clause or provision of this Agreement shall not affect the validity of the remaining articles, 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. This Agreement shall be governed by and construed by the laws of the State of New Jersey. This Agreement may not be modified, amended or altered in any way except by a writing signed by each of the Parties. 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. . 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 possess 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. Each of the Parties hereto acknowledges that this Agreement was not drafted by any one of the Parties, but was drafted, negotiated and reviewed by all

ngs other than those expressly set forth herein. Each of the Parties hereto acknowledges that this Agreement was not drafted by any one 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 Parties 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. Any and all Exhibits and Schedules annexed to this Agreement are hereby made a part of this Agreement by this reference thereto. Any and all Exhibits and Schedules now and/or in the future are hereby made or will be made a part of this Agreement with prior written approval of both Parties. 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.

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, jam M. Gordon, Esq. Counsel for Intervenor/Interested Party Fair Share Housing Center

April 6, 2020 Page 13 On behalf of the Township of West Orange, with the authorization of the governing body: “ROBERT D/“PARISI, MAYOR Dated: Sfo/22 On behalf of Redwood, L.L.C.:

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 14 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 ta 2.8 8 units per acre 22.4 45 R-5 8 46 8 units per acre 36.8 74 R5. 9 2.5 6 units per acre 15.0 3.0 P-C 10 94 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 41 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 peracre | 100 (new) 20 Central Ave. SelectoFlash 1.5 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 Se | Meponat asset APerson *L.5Person 2Person *3Person 4 Person "45 5 . 1 e Ls eAPaacees | oapenetsr Region 1 Median S65607 S71 365 $76,122 $85,637 $95,153 $96,958 $102,765 $110,377 $117,589 $125,602] berger, Hudson, [Modermee | $53286 $57,092 $s0A9B $64,510 $75,122 $79,167 $82,212 S88302 $9431 S100481 9 yay | tas ge pasote and Seccex|*™ 533303 $35,682 $38,061 $42,819 47575 $45,479 «$51,382 $55,189 558,995 $62,803 Very Low 5193982 $2140 522,837 $25,692 __ $25,545 $29,688 $30,828 $33,113 $35,387 _ $37,580) Region 2 Medion $70537 S75S76 $80,614 $90,681 $100,767 $104,798 $108,829 $116,890 $124,952 $133,013 essex, Morris, [Moderate | $56-430 $60,460 $64,451 $72,553 $80,614 $83,838 $87,063 93512 $99,961 $106.41 16 cere | casy.301 tears Wesean | 535,268 537,788 $40,207 545,348 Ss0,a84 SS2309 S54418 SEa44S $62,476 $56,506 Very tow S2U1G1 $22,673 $24,184 $27,207 _$30,230 $31,439 $32,648 $35,067 _ $37,485 __ $38,504] Region 3 Median $82,810 $88,725 $94,650 $106,470 $118,300 $123,032 $427,754 $137,228 $145,692 $156,156 Hunterdon, Moderate | 66248 $70580 $75,712 $85,176 S95,640 $98,426 $107,211 $109,782 S117354 5128925] 1 cay | cx7s 261 Middiesexand — Low SAL405 $45,363 547,320 $53,235 $59,150 SEL 516 $63,882 $68,514 $73,346 $78,071 Somerset Very tow $24943 526618 $20,392 $31,981 $35,430 $36,910 $38,328 $41,162 $49,008 $45,247] Region & Median S7ZASS $77,319 $82,474 $92,783 $103,092 $107,216 $111,340 $119,587 $127,834 $136,082 Mercer, Moderate | 557,732 S6L8S5 $65,573 $74,126 582,674 $85,773 $89,072 595670 $102268 5108865] 26. sain | cigs ats Monmouth and |tow $36082 $38,560 $41,237 $46,352 $51,596 $53,603 $55,670 $58,758 $63,917 $68,041] pane: \Very Low $21,649 523196 $24,742 $27,835 $30,928 $32,165 $33,402 $35,876 $36,350 __ $40,825 Region S Median $63,070 S67S75 $72,080 $81,030 $90,100 $93,704 $97,208 $108516 Sii1.724 $118,932] Burtington, Moderate | 50,656 $54060 $57,668 $64,872 $72,080 $74,963 S77,846 $82613 $85,379 595.146 5 saan | sues ont Camden and tow S21535 $33,788 $36,040 40,545 545,050 546,852 545,654 $52,258 $55,862 $58,466 Gloucester Very Low $8921 $20.273 $21,624 $24,327 §27030__$26,111 $29,192 $31,355 $33,517 __$35,680) Region 6 Median $83,718 357,580 $61,387 $69,061 $76,734 573,803 $82,873 $89,011 $95,150 $101,289 fAtiantic, Capa [Moderate | $42.971 $46,040 $49,110 $55,248 561,387 563,843

$31,355 $33,517 __$35,680) Region 6 Median $83,718 357,580 $61,387 $69,061 $76,734 573,803 $82,873 $89,011 $95,150 $101,289 fAtiantic, Capa [Moderate | $42.971 $46,040 $49,110 $55,248 561,387 563,843 566,298 $71,209 $76,120 $81,031] 26% suse] $143,713 May, Cumberiand, |Low 526857 S28775 $30,684 $34,530 $38,367 $39,902 $41,436 $a8505 $47,575 $50,544] and Salem very Low S1G116 _$17265 $18,416 $20,718 $23,020 $23,941 $24,862 $26,703 $28545 $30,387 ‘Moderate income is between 80 and 50 percent of the medion incame. Law income ls 5O percent Or less of median Income. Very low income i230 percent of eae of median income. * These columas are for calculating the pricing for one, two and three bedroom sale and rental units ax par NIAC, 5:80-26.5| ** This column is used for calculating the pricing for rent increases for units (as previously calculated under NJAC, 5:97-9.3), The increase for 2015 was 2.3%, the increase for 2016 was 1.1%, the increase for 2017 was 1.7%, and the increase for 2018 was 226, The increase for 2019 is 2.6% (Consumer price Index for All Urban Consumers (CPi): Regions by expenditure category and commodity and service group). Landlords wha did not increase rents in 2015, 2016, 2017, or 2018 may increase rent by up to the applicable combined percentage including 2019 or 8.0% whichever ls less in accordance with NJAC. 5:97-9.3(¢}. In ho cate can rent for any particular apartment be increased more than one time per year *** This column is used for calculating the pricing for resale increases for units (as previously calculated under W..A.C. 5:97.93). The price of owneroccupied low and moderate income units may Increase annually based on the percentage increase in the regional median income limit for each housing region. in no event shail the maximum resale price established by the administrative agent bbe lower than the last recorded purchase price. Low income tax credit developments may increase based on the low income tax credit regulations. **** The Regional Asset Limit s used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. $:80-26.16(b)3.

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