West Orange Fourth Round HEFSP_adopted 111025_Appendices

96-20 April 14, 2020 RESOLUTION WHEREAS, on July 7, 2015, the Township of West Orange (the “Township’) filed a Declaratory Judgment Complaint in Superior Court, Law Division, pursuant to In re N.J.A.C. 5:96 and 5:97, 221 N.J. (2015) (Mount Laurel IV), seeking, among other things, a judicial declaration that its Housing Element and Fair Share Plan (hereinafter “Fair Share Plan"), as to be amended as necessary, satisfies its “fair share” of the regional need for low and moderate income housing pursuant to the “Mount Laurel doctrine”; 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, West Essex Highlands, Inc. (“WEHI”) owns certain real property consisting of approximately 120.5 acres generally located in the northwest corner of the Township adjacent to Warner Road, which property is specifically identified as Block 179, Lot 32 on the Township's Official Tax Map (the “Property”); and WHEREAS, the Property is 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; and

WHEREAS, the Association is the duly constituted condominium association for the Condominium; and WHEREAS, WEHI intervened as a defendant in the Declaratory Judgment Litigation; and WHEREAS, the Trial Judge appointed Elizabeth McManus, PP, AICP, LEED AP, as the Special Court Master (hereinafter the “Court Master’), as is customary in Mount Laurel matters adjudicated in the courts; and WHEREAS, WEHI and the Township engaged in court-ordered mediation with the Court Master; and WHEREAS, the Township was represented in these negotiations by the Township's Affordable Housing Planner Shirley Bishop; and WHEREAS, the Association is not a party to the Declaratory Judgment Litigation, but WEHI and the Township recognized the Association, an adjacent neighbor of the Property, as an interested party with respect to the development of the Property whose participation and input at mediation was deemed essential; and WHEREAS, the Township wishes to include the 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 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 building (the “Proposed Development”) consistent with the “West Essex Highlands Concept Plan 16 for West N 4820-2848-0184, v. 1

Essex Highlands, Block 179, Lot 32, Township of West Orange, Essex County, New Jersey” dated March 3, 2020; and WHEREAS, the settlement of Mount Laurel litigation is particularly favored because (1) it avoids the expenditure of finite public resources; and (2) expedites the construction of safe, decent housing for the region's low- and moderate-income households; and WHEREAS, in light of the above, the Council finds that it is in the best interest of the Township to execute the attached Settlement of Litigation Agreement with WEHI which has been approved by the Condominium Association and to take the various other actions delineated below, which will ultimately result in approval of the Township's Fair Share Plan which, in turn, will maintain the Township's immunity from all Mount Laurel lawsuits for the ten-year period set forth in the New Jersey Fair Share Housing Act, N.J.S.A. 52:27D-301 to 329. NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE that the Township Council hereby directs, authorizes and empowers the Mayor to execute the Settlement of Litigation Agreement (“Agreement”) attached hereto as Exhibit “A;” and be it further RESOLVED, that the Council hereby directs, authorizes and empowers the Mayor to take all actions reasonable and necessary to consummate the Agreement; and be it further RESOLVED, that all other appropriate Township officials are hereby directed, authorized and empowered to execute all documents and take all steps necessary and 4820-2848-0184, v. 1

appropriate to effectuate the terms and purposes of this Resolution and the Agreement; and be it further RESOLVED, that this Resolution shall be published and made available in the Clerk's office in accordance with applicable law. (eae! R.M.C. Ads eons unicipal Clerk pil President Adopted: April 14, 2020 4820-2848-0184, v. 1

APPENDIX C Court Order Approving Fair Share Housing Center Settlement Agreement, filed on August 3, 2020

TRENK ISABEL TISS sbi ee. 290 W. Mt. Pleasant Avenue, Suite 2350, Livingston, NJ 07039 (973-533-1000) Richard D, Trenk, Esq. rtrenk@trenkisabel.law April 20, 2022 ATTORNEY CLIENT PRIVILEGED COMMUNICATION VIA E-MAIL Council President Susan McCartney And All Council Members c/o Karen J. Carnevale, R.M.C., Municipal Clerk Township of West Orange 66 Main Street West Orange, NJ 07052 Re: Affordable Housing Requirements/Settlement Dear Council President McCartney and All Council Members: Enclosed herein are copies of the Affordable Housing Settlement which was fully approved by the Township Council and the Superior Court of New Jersey, Law Division: Essex County, Honorable Robert S. Gardner, J.S.C. I provide the following documents at the request of Councilman Rutherford whom I spoke with on April 20, 2022: 1. Order of Fairness and Preliminary Roud 3 Mount Laurel Compliance entered August 3, 2020; eu Fair Share Housing Settlement Agreement between the Township of West Orange and Fair Share Housing Center dated April 6, 2020 with Exhibits “A” and “B:” 3. Special Master’s Report dated February 15, 2021; and 4, Order of Judgment of Compliance and Repose entered March 17, 2021. These documents are public (not this cover letter). This communication is provided in conjunction with the Resolution approving the sale of the existing library site pursuant to the exemption under the New Jersey Buildings and Lands Act, N.J.S.A. 40A:12-21(1).

Council President Susan McCartney All Township Council Members April 21, 2022 Page 2 If you have any questions whatsoever, pleage contact me. Thank you for the Council’s consideration. espectfully yours, Richard D. Trenk RDT:jms Enclosures ce: Robert D. Parisi, Mayor (via e-mail) John O. Gross, Business Administrator (via e-mail) Leonard Lepore, Township Engineer (via e-mail) Chief James P. Abbott, Director of Operations (via e-mail) Kenneth W. Kayser, Esq. (via e-mail) 4864-2887-5778, v. 1

ESESX L 004697-15 08/03/2020 Pg 2 of 9 Trans ID: LCV20201360647 20 ESSEX COUNTY SUPERIOR COURT McMANIMON, SCOTLAND & BAUMANN, LLC 75 Livingston Avenue AUG 03 2020 Roseland, New Jersey 07068 (973) 622-1800 FILED Richard D. Trenk, Esq. (016951982) Attorneys for Plaintiff/Petitioner Township of West Orange SUPERIOR COURT OF NEW JERSEY LAW DIVISION: ESSEX COUNTY IN THE MATTER OF THE APPLICATION OF THE TOWNSHIP OF WEST ORANGE, a Civil Action. municipal corporation of the State of New (Mount Laurel) Jersey, DOCKET NO.: ESX-L-4697-15 Plaintiff/Petitioner. ORDER OF FAIRNESS AND PRELIMINARY ROUND 3 MOUNT LAUREL COMPLIANCE Hearing Date: July 10, 2020 THIS MATTER having been opened to the Court by McManimon, Scotland and Baumann, LLC (Richard D. Trenk, Esq. appearing), attorneys for Plaintiff, the Township of West Orange (“Township”), and a Declaratory Judgment Complaint having been filed on July 7, 2015 to approve the Township’s Housing Element and Fair Share Plan (hereinafter “Fair Share Plan”), as may be amended, in response to In Re Adoption of N.J.A.C. 5:96, 221 N.J. 1 (2015) (“Mount Laurel IV”); and the Court having granted the Township immunity from Mount Laurel lawsuits from the time of the filing of the Township’s Declaratory Judgment action (hereinafter “DJ Action”); and the Court having appointed Elizabeth K. McManus, P.P., A.LC.P., LEED AP as the Special Mount Laurel Court Master (hereinafter the “Special Master”); and Fair Share Housing Center (“FSHC”) having participated in the Township’s DJ Action as an Intervenor, and Redwood, LLC (“Redwood”) and West Essex Highlands, Inc. (“WEHI”) having also appeared

ESESX L 004697-15 08/03/2020 Pg 3 of 9 Trans ID: LCV20201360647 20 as Intervenors; and West Essex Highlands Condominium Association, Inc. (“Condominium Association”) having participated in certain mediation; and the Township, FSHC and Redwood having agreed upon a form of Settlement Agreement (attached hereto as Exhibit WO-1] and teferred to hereinafter as the “FSHC Settlement Agreement”), which was executed by Adam M. Gordon, Esq. on behalf of FSHC on April 6, 2020 and the Township Council having adopted a resolution on April 14, 2020 (attached hereto as Exhibit WO-3) authorizing the Mayor of West Orange to execute the FSHC Settlement Agreement, which he did on May 6, 2020; and the Township, WEHI and the Condominium Association having entered into a Settlement Agreement on April 23, 2020 (attached hereto as Exhibit WO-2 and referred to hereinafter as the “WEHI Settlement Agreement”), after a resolution authorizing the Mayor to sign the WEHI Settlement Agreement was adopted on April 14, 2020 (attached hereto as Exhibit WO-4); and the Court having scheduled a Fairness Hearing to determine whether or not the settlement agreements are fair and reasonable to low and moderate income households; and the Township having provided proper public and actual notice of the Fairness Hearing; and the Township having filed a Certification of Service, (attached hereto as Exhibit WO-5), to document that proper notice of the Fairness Hearing had been given; and the Special Master having submitted a Teport to the Court on July 6, 2020 (attached hereto as Exhibit WO-6), in which she recommended that the Court approve the FSHC and WEHI Settlement Agreements; and the Fairness Hearing having been held on July 10, 2020, during which Exhibits WO-1 to WO-04, which are attached hereto, were marked into evidence; and the Court having considered the testimony of Shirley Bishop and Wayne DeFeo taken during the Fairness Hearing, as well as the statements of counsel; and the Court having reviewed all of the documents submitted into 4824-7593-1333, v. 1

ESESX L 004697-15 08/03/2020 Pg 4 of 9 Trans ID: LCV20201360647 20 evidence during the Fairness Hearing; and the Court being satisfied that the parties are entitled to the relief sought; and good cause having been shown; AUGUST ITIS onthis 3RD__ day of Jnty, 2020; ORDERED as follows; 1. The Court finds and determines, pursuant to the judicial standards prescribed by the Appellate Division in East/West Venture v. Boro. of Fort Lee, 281 N.J. Super. 311 (App. Div. 1996); and through analysis of the FSHC Settlement Agreement (Exhibit WO-1), the WEHI Settlement Agreement (Exhibit WO-2) and the Special Master’s report (Exhibit WO-6); and on the basis of the statements of counsel and the testimony taken during a Faimess Hearing conducted on July 10, 2020; and based on the Court’s ruling on the record that same day, which is incorporated herein by reference; that the settlement between FSHC, the Township and Redwood and the settlement between the Township, WEHI and the Condominium Association are fair, reasonable and adequately protect the interest of low and moderate income households; and the Court hereby approves the FSHC Settlement Agreement (Exhibit WO-1) and the WEHI Settlement Agreement (Exhibit WO-2), 2. Within 120 days of the date of the Fairness Hearing, the Township and its Planning Board shall (a) prepare, adopt and endorse a Housing Element and Fair Share Plan, which shall include a Spending Plan, and shall reflect all of the terms and conditions of the FSHC and WEHI Settlement Agreements (Exhibits WO-1 and WO-2), and will also satisfy the conditions listed in the Special Master’s July 6, 2020 report (Exhibit WO-6); and shall (b) submit the adopted and endorsed Housing Element and Fair Share Plan, with all required supplementary documentation and adopted ordinances and resolutions needed to implement the plan, to the Court, the Special Master, and FSHC and counsel for WEHI and the Condominium Association 4824-7593-1333, v. 4