West Orange Fourth Round HEFSP_adopted 111025_Appendices

osed settlement, 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. 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. 31. 32. 33. 34, 35, 36. Aprit 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 Parties

r 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.

Aptil 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 Partles 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, bide , Esq. Counsel for Intervenor/Interested Party Fair Share Housing Center

On behalf of the Township of West Orange, with the authorization of the governing body: Dated: On behalf of Redwood, L.L.C.: Dated: April 17, 2020 April 6, 2020 Page 13

On behalf of the Township of West Orange, with the authorization of the governing body: “ROBERT D2 PARISI, MAYOR Dated:, we On behalf of Redwood, L.L.C.: 366 wea r Dated: April 17,2020 “\ April 6, 2020 Page 13

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 RS 4 0.7 8 units per acre 5.6 11 RS 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 2.8 8 units per acre 22.4 45 R-5 8 4.6 8 units per acre 36.8 74 RS 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 1 5.6 6 units per acre 33.6 6.7 R-1 12 44 6 units per acre 6.6 1.3 R-2 13 0.6 6 units per acre 3.6 0.7 R2 14 1.6 6 units per acre 9.6 2 R-6 15 4.1 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 472 26 units peracre | 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 Poge 15

Apel 6, 2020 Page 16 EXHIBIT B: 2019 INCOME LIMITS coeeemwemen | een Aaser . “ “ Afeoan "LSPetton 2Pepen *HPersaa Aversion ‘45 Panon Seon SFarion 7Panon GrPenon| sal tees Region 1 redian $66607 $74,385 976422 395,153 $82,959 $102,765 SLIGQST7 «S147389 $425,602] Moderate: ‘$53,286 6 $57,082 ‘$60,838 ‘$76,122 $79,167 SER212 0 SERROT SSA51 $100,483] 1, Hudson, Le 4734 ‘$283,294 iceland SHH303 $98,682 S38.061 SATS7E SAS.479 551,382 $55,189 S50.995 $62,801] Very Low S9ssz $2403 $32,837, S28 4S $23,543. $30,829 923193 535.387 $32,680) Region 2 Piecion S70S37 = 575,578 ‘540,614 $100,767 S1D4,798 $10,879 5116890 $124,952 $133,01 Essex, Morris, Modurate 556430 560,460 564,491 $80,614 ‘$23,835 $87,063 $93,912 $99,961 $06,410} 2 ESTE $1932 Unde tana Werren fU®™ sasaes $37,788 $4007 SS0264 552308 SE4AIS | SoRAAS | S6RATE 66,506) Very tow $23,463 $22,873 324104 530,230 $31,439 $32,645 $35,067 $37,483. 533,804} Region 3 Median $82819 ‘$88,725 sae $145,300 $223,032 $327,764 $137,228 S1KESBZ $156,156) Henterdon, [Moderate SE 2AS $70,580 S75 72 594,540 ‘S95,425 3,782 $LA73S4 $224,525} 26% Bede. $5261 Pictetiegen ae Low S44A05 544,263 SAT 320 ‘$59,450 ‘$61,516 S73,346 ‘STEO78) Somerset Very tow S29982 $26,538 $28,392 335.050 $26,910 $44,008 $46.247| Region ftedion S7RAGS $77,219 $82,474 $103,092 $207,216 sun7ay $136,062] Mercer, Moderate 557,732 SE1SS5 | $65,579 $82,474 585,773 $102,268 SIOBS65] 36 agi | $193,919 Monmouth and tow S36 P02 538660 $41,237 S51SH6 | $53,608 sexsi7 $68,021] Cewee Iver tow $23849 523.196 $24,762 $3978 $3265 $38.80 $40,825] Region 5 [Median $6070 567578 872080 $90,100 $83,704 $97,208 S104S16 S274 $118,532] Burington, IModerste | 550456 SS4060 $57,664 572080 SH49A STAKE © 583613 $E3379 S851 oe scene | tcc ges temden ant = How 34535 S33,7ER ($36,040 545,050 SHE,E52 SHB,SSA 552,258 SS5,N62 559,466) Sioucester [very tow 18925 $20273 $21,624 $27,030 528,111 $29,192 Saas sassi7__ $35,620 Region & retin SSETI4 397.550 S61387 S164 $79,903 HRATSSAB.011 $95,150 $103,209] laxantic, cane [Moderate | 42971 $46,080 549,410 S6L3ET | 35K3SHGIHESTIZOF ST6AZO 58207 oy gay | suazta Mav, Cumbertand, low 526887 528775 $30,504 $28,357 $39,902 SAIS25 | SH4S0 | SATSTS. 550, lend Sater Mery Low SISAL SIT2ES —SIBALG 520,728 $23,020 S234 $26,862 $26.70 S28 54S seeaei| ‘Moderate mcome i between G0 27d 50 perenne of the meacan iacare, Law income Ix SO rercant OF

ATSTS. 550, lend Sater Mery Low SISAL SIT2ES —SIBALG 520,728 $23,020 S234 $26,862 $26.70 S28 54S seeaei| ‘Moderate mcome i between G0 27d 50 perenne of the meacan iacare, Law income Ix SO rercant OF esa Of medion incamA. Very low MOOT i 30 percent OF lass of Medion income. These column pre for calculating the pricing for one, two and three bedroom tie aod rental units ms pec NLA. SiB0-26.H8), >*Tnis cohumia is used fay calcutating the prising for cent increases for nics (a7 peeviously calculated Under NIAC. $:37-2.3). The mcraase for 2015 ons 2.2%, the incrense for 2016 was 2.1%, the increase for 2017 was 2.755, and the increase for 2018 was 22%. Tha increase for 2039 fs 2.656 {Consismer price Indes for Ail Urban Consumers (CPLU} Regions by expendicure catagory and. commodity and service group]. Landiords who did net increase tents In 2015, 2026, 2017, or 2D18 may hncrease rem by up tw the applicable combined parcentage including 2013 or $.0% whichever irless in accordance with NJ.A.C. 5:97-9-3{¢), inna ca2e cen rent for any particular apartment be increared more than one Lime per year. ‘*** This colurna is uoed for calculating the pricing for rusale increases for uses (as previously calcutated under RJ.AS.5:974.3), The price of owner-occupied! low and moderate income units may increase annuaty based on the percentage increase in the repional median income limit for each housing region. tano evenc shail che maximum resale price en ty the agent ‘bs lower than the tart recorded purchase price. tow income tnx credit detresopmants may increase based of the low incoove tax credic hegulations. #906 The Regional Atset Umit bused in determining 20 applicant's eligiblity for sftordable housing pursuant to NAC. 5:80.26 16(0)3.