West Orange Fourth Round HEFSP_adopted 111025_Appendices

Inst. # 2023018959 - Page 1 of 6 Essex County Register Document Summary Sheet Transaction Identification Number 6590374 8018983 ESSEX COUNTY REGISTER OF DEEDS & MORTGAGES . Recorded Document to be Returned by Submitter to: PRESTIGE TITLE AGENCY, NOS HALL OF RECORDS - ROOM 130 130 POMPTON AVE 465 DR. MARTIN LUTHER KING BLVD VERONA, NI07044 NEWARK NI 07102 Official Use Only Submission Date (mm/dd/yy) 03/23/2023 No. of Pages (excluding Summary Sheet 4 Recording Fee (excluding transfer t $75.00 JUAN M. RIVERA, JR REG. OF DEEDS & MORTGAGES ESSEX COUNTY Realty Ti fer T: Nou Jersey ealty Transfer Tax $0.00 Total Am DOCUMENT TYPE ota ount $75.00 4 Document Type _ | DEHD-NO CONSIDERATION INSTRUMENT NUMBER 2023018959 RECORDED ON Mar 27, 2023 Electronic Recordation vel 12 - Level 2 (With Images) 9:37:03 AM Total Pages: 6 Munici NJ PRESERVATION ACCOUNT $30.00 REGISTER RECORDING FEE $40.00 UNTY 99 HOMELESSNESS TRUST FUND $3.00 CODE BLUE EMERGENCY $2.00 SHELTER SERVICES TOTAL PAID $75.00 INV: 639894 USER: IKM 704604 Additional Information (Official Use Only) * DO NOT REMOVE THIS PAGE. COVER SHEET [DOCUMENT SUMMARY FORM] IS PART OF ESSEX COUNTY REGISTER FILING RECORD. RETAIN THIS PAGE FOR FUTURE REFERENCE, B14FC86F-B3F0-527D-A6 12-E86220649349/6590374 8018983 Page 1 of 2

Inst. # 2023018959 - Page 2 of 6 Essex County Register Document Summary Sheet COVER SHEET [DOCUMENT SUMMARY FORM] IS PART OF ESSEX COUNTY REGISTER FILING RECORD. ‘Type DEED-NO CONSIDERATION Consideration $1.00 Submitted By ‘SIMPLIFILE, LLC. (SIMPLIFILE) Document Date 03/06/2023 Reference Info Book ID Book Beginning Page Instrument No. Recorded/File Date DEED-NO GRANTOR Name Address CONSIDERATION CGPH LLC SOUTH RIVER ROAD, SUITE 1, CRANBURY, NJ 08512 GRANTEE Address & 555 NORTI 204 MADISON AVENUE, SUITE B, < MORRISTOWN, NJ 07960 Parcel Info Property, Typ Tax Dist. Block Lot Qualifier Municipality 99 168 26 & 28 99 * DO NOT REMOVE THIS PAGE. RETAIN THIS PAGE FOR FUTURE REFERENCE, B14FC86F-B3F0-527D-A6 12-E86220649349/6590374 8018983 Page 2 of 2

Inst. # 2023018959 - Page 3 of 6 Prepared by: Dean J. Donatelli, Esq. Deed Restriction DEED-RES D AFFORDABLE HOUSING PROPERTY | TH RESTRICTIONS ON RESALE AN ANCING To Rental Property With Covenants Restricting Rentals, Conveyance and Improyements and 4 And Requiring Notice of Foreclosure and Bankrup delivere 7 3)13/2033 THIS DEED RESTRICTION (this “Deed”) entered into as of thi March, 2023, by and between the CGP&H, LLC, or its successor, acting on ‘ownship of West Orange, with offices at 1249 South River Road, Suite 301, NJ 08512-3633 (“Administrative Agent"), and 555 Northfield LLC, a New J i , baving offices at 204 Madison Avenue, Suite B, Morristown, NJ 07960the ") the developer of a 70- unit residential rental project, certain units of which shall be rental units in accordance herewith (the “Project”). wrmaseze) , low- or moderate-income Township of West Orange and/or its poli (the “Municipality”) regarding this rental Article 1. Consideration 4) & ero i ce lop received by the Owner from the isions (1 Project, the Owner hereby agrees to abide terms and conditions set forth in this Deed Restriction, with respect to the its more specifically described in Article 2 hereof (the “Property”). Article 2, Description of The Property consists the land, and a portion of the improvements thereon wherein the Affordable Units are located, is located in the municipality of West Orange Township, County of Essex, State of New J described more specifically as Block No. 168, Lot Nos. 26 and 28 , and known by the $55 nena West Orange, NJ 07032. And, the le units subject to this Deed Restriction are more specifically designated as follows (cach an “Affordable” Unit”, and collectively, the “Affordable Units”) and containing a total of eleven (11) bedrooms: Unité 121 (2 bed plus den) Unit# 207 (1 bed) Unité 221 (2 bed plus den) Unit# 222 (2 bed) Unit# 306 (2 bed) Unit# 321 (2 bed)

Inst. # 2023018959 - Page 4 of 6 Article 3. Affordable Housing Covenants The following covenants (the “Covenants”) shall run with the land with respect only to the Affordable Units for the period of time (the “Control Period”), determined separately with respect for each dwelling unit, commencing upon the earlier of the (a) date hereof or (b) the date on which the first certified household occupies the unit, and shall and expire as determined under the Uniform Controls, as defined below. In accordance with N.J.A.C. 5:80-26.11, each Affordable Unit shall remain subject to the requirements of this subchapter, the “Control Period”. Each Affordable Unit myst remain subject to the requirements of this Deed Restriction pursuant to this subchapter for a period ef at least 30 years; provided, however, that; 1. Units located in high-poverty census tracts shall remain these affordability requirements for a period of at least 10 years; and 2. Any unit that, prior to December 20, 2004, tive certification from COAH, was part of a judgment of compliance a of competent jurisdiction or became subject to a grant agreement or other cont ith either the State or a political subdivision thereof, shall have its control governed by said grant of substantive certification, judgment or grant or contract. A. — Sale and use of the Property is go’ if zeulatone known as the Uniform Housing Affordability Controls, which are one Jersey Administrative Code at Title 5, chapter 80, subchapter 26 (NJ.A.C. ~ ‘pet seq, the “Uniform Controls”), B. The Affordable Units shall be ust res) for the purpose of providing rental dwelling units for very-low-income (making 30 it or less of median income in the housing region, as defined in the New Jersey Fait ing Act), persons in need of supportive and special needs housing. While special s ig units are exempt from income eligibility review by the Administrative Agent, itment for any Affordable Unis shall be given or implied by ISDD, its successors or assigns, without securing documentation that affirms the household’s income is at or below 30 percent of median income in the housing region. tS fitay be made to the Property that would affect the bedroom configuration fordable Units, and any improvements to the Affordable Units must be and in writing by the Administrative Agent. D. The Own lt notify the Administrative Agent and the Municipality of

om configuration fordable Units, and any improvements to the Affordable Units must be and in writing by the Administrative Agent. D. The Own lt notify the Administrative Agent and the Municipality of any foreclosure actions filed with respect to the Property within five (5) business days of service upon Owner. E, The Owner shall notify the Administrative Agent and the Municipality within three (3) business days of the filing of any petition for protection from creditors or reorganization filed by or on behalf of the Owner.

Inst. # 2023018959 - Page 5 of 6 Article 4, Remedies for Breach of Affordable Housing Covenants A breach of the covenants set forth herein will cause irreparable harm to the Administrative Agent, to the Municipality and to the public, in light of the public policies set forth in the New Jersey Fair Housing Act, the Uniform Housing Affordability Control rules found at N.J.A.C. 5:80-26, and the obligation for the provision of low and moderate-income housing. A. In the event of a threatened breach of any of the covenants herein by the Owner, or any guecessor in interest of the Property, the Administrative Agent and the Municipality shall have all remedies provided at law or equity, including the tight to seek injunctive relief or specific performance. Upon the occurrence of a breach of any covenants by the Owner, or 3 or other owner | of the Property, the Administrative Agent and the, ecessor in interest shal] have all funds from a sale in 2 vals, injunctive relief to 8, those provided under Title istrative Code and specific acceleration of all sums due under any mortgage, violation of the covenants, diverting of rent proceeds prevent further violation of said Covenants, entry on 5, Chapter 80, Subchapter 26 of the New Jersey performance, IN WITNESS WHEREOF, the vie Cj and the Owner have executed this Deed Restriction as of the date first above written, s “A STRATIVE AGENT: “Name: Davief Levin ¢ Title: 4 fnindrafie. Age “Name: Chis Youn Title: RMavyiy, Mover APPROVED: Township of West Orange 9 Sit Melony ” Samer Title: Mayor SUSAN vcoskhner

Inst. # 2023018959 - Page 6 of 6 ACKNOWLEDGEMENTS On this the 13 day of March, 2023 before me came | dawie/ Levlw , the. of CGP&H, LLC to me known and known to me to be the Administrative Agent for the Township of West Orange, who states that (She has 1as signed said Agreement on behalf of said i id TEPHANIE Cc RUE SN corer ieston # 50098682 Notary Public, State of New Jersey] "My Commission Expires Fabruary 12, 2024 NOTARY PUBLIC On this the _G day of March, 2023 before me came fhocen Vor. known and known to me to be the ML Mealoy of 555 N > the Owner of 'stid Deed for the i NOTARY PUBLIC Pais Set iy Jersey Comm. # 50177749 1115/2028 | ———_— On this the 1¢ day of March, 2023 before m Asta jb AP ; known and known to me to be Mayor of the Township of. ge, the Municipality identified as such in the foregoing Deed, who states that (s)he authorized to execute said Agreement on behalf of said Municipality, and that ( executed the foregoing Deed for the purposes stated therein. % y «flip hile eye 2 af Sth FE eG Record and Return to: i ) CGP&H, LLC 1249 South River Roi 1 Cranbury, NJ 08512-3 Attn: Dan Levin,

BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WEST ORANGE RESOLUTION ZB-18-09 555 Northfield Avenue, LLC (“West Village” WHEREAS, 555 Northfield Avenue, LLC, (hereinafter referred as the Applicant), owner of the property located at 555 Northfield Avenue, West Orange, New Jersey, 07052, being Block 168, Lot 26 and Lot 28 on the Tax Map of the Township of West Orange and located in the B-2 zone, applied to the West Orange Zoning Board of Adjustment (“the Board”) for Preliminary and Final Site Plan Approval with the following variances: ' (1) a “d” 6 height variance for 62.8 feet when 35 feet is the maximum height permitted (2) a “c” variance for 5 stories when only 2 % stories are permitted; (3) a “c” variance for a 2.56 foot front yard setback when a 30 foot setback is required; (4) a “c” variance for 49% building coverage when 40% is the maximum allowed; (5) a“c” variance for lot coverage of 77.43% when 60% is the maximum allowed; (6) a“c” variance for a 1 foot setback of an accessory structure from the property line when a 5 foot setback is required; (7) a “c” variance for an accessory use in the parking areas in the front and side yards which is not permitted; (8) a “c” variance for a five foot setback of an accessory structure and a parking area to a residential zone when a 10 foot setback is required; (9a o? variance for a six foot PVC privacy fence in a front yard which is not permitted; (10) cen a “c” variance for five signs when only one is permitted; (11) a “c” variance for a 1.6 foot projection of a facade sign when 1 foot is the maximum projection allowed; and (12) a “c” ' The Applicant submitted several design changes to the requested buildings during the Application process, which changed several aspects of the “c” variances sought. The particulars of the variances that follow are the last reiteration presented by the Applicant, and those that were voted upon by the Board.

variance for a five foot setback of a monument sign from the property line when a 10 foot setback is required, all to build a mixed use apartment building, retail space and childcare center; and the Applicant having also requested a waiver of the filing of an Environmental Impact Statement and from sections 28 and 31 of the checklist requirements for Site Plan Approval; and WHEREAS, the Applicant presented proof that adequate Notice of the Hearing on the said Application was published in the West Orange Chronicle, one of the official newspapers of the Board; and WHEREAS, the Applicant submitted proof of service of the Hearing on the Application upon all property owners within two (200) hundred feet of the property; and WHEREAS, the Application was heard by the Board at hearings dated May 16, 2019, June 20, 2019, July 25, 2019, August 15, 2019 and September 18, 2019; and WHEREAS, the Applicant was represented by Robert C. Williams, Esq.; and WHEREAS, the Applicant presented testimony of Michael Lanzafama, a licensed Professional Engineer and Land Surveyor of the State of New Jersey, who was recognized by the Board as an expert in the fields of civil engineering and land surveying, Mr. Lanzafama testified about the engineering and site plan aspects of the Application including a height study of structures in the vicinity of the subject property, which showed a nursing home at 48.44 feet, the Codey Arena at 56 feet, the parking deck at the Codey Arena at 56.23 feet and the St. Cloud Elementary School at 410 feet, noting that the subject Application seeks a height variance for 62 feet 10 inches, he further testified about existing and proposed building coverage and impervious coverage, and the parking requirements and proposed parking that will be compliant with the Township Ordinance requirements,

that the setbacks of the proposed Application are less deviant from the Township Zoning Ordinance requirements than the present structure of the Turtle Back Inn but still require variances, he discussed turning ratios in the parking lot for fire and garbage truck access; Mr. Lanzafama was re-called to testify about the new site plan presented by the Applicant during the course of the proceedings that turned the day care center building to face towards Northfield, and also relocated the playground to the rear of the building, and the re-design of the apartment building reduces the appearance of the mass of building, which resulted in a an additional parking space, and then reviewed the Township Engineer’s comments letters dated April 1, 219 and September 13, 2019 and testified the Applicant will comply with all requests in the Design Comments and Plat Details (Section C) in the September 13, 2019 report of John Hess of Certified Municipal Engineers “CME”, the Township Consulting Engineers, with the exception of number 7, which request was withdrawn by the Township Engineer Mr. Hess; and WHEREAS, the Applicant presented testimony of Mark Pavey, 136 Cove Avenue, Golf Shores Alabama, a licensed Professional Architect of the State of New J ersey, who was recognized by the Board as such, Mr. Pavey testified his practice is emphasized in the area of childcare structures and that he has designed several such structures for Primrose Schools and Kindercare, Mr. Pavey presented the architectural plans for the childcare center which will contain 12 classrooms, comply with all State requirements for childcare centers, the building will include a warming kitchen, that the building is designed for a maximum occupancy student population of 194 students, which would call for 22-24 employees, and 2 administrative staff and