Settlement of Litigation Agreement 2020

and (2) WEHI’s obligation to install landscaping and/or buffering on or near the property owned by the Association, pursuant to WEHI’s agreement with the Association and in cooperation with the Association, 3. Building & Site Utilities: a. b. c, d. Implement underground utilities where site conditions allow. Conceal and/or screen exposed utility structures such as transformers. Install individual metering or submeters as appropriate for water, gas and electric utilities, Prewire all units for hi-speed internet. 4, Building: Energy Efficiency and Green Initiatives: a. db, Implement education of tenants in the reduction of energy, water consumption, and environmental beneficial operations. Appliances: Utilize only Energy Star appliances in all apartments. i, Do not install any unvented combustion appliances (ovens and ranges excluded), HVAC Equipment shall meet the following minimum efficiency standards: i. Furnaces shall be Energy Star Rated or have an AFUE of 95% or better. ii. Air conditioning systems shall be Energy Star Rated or have a minimum SEER of 15 and a 12.5 EER for split systems. 1. Package systems shall have a minimum SEER of 15 and an EER of 12. iii, Domestic Hot Water heaters shall be Energy Star Rated or meet the following minimum energy efficiency standard: 1. </© 55 gallon shall have an energy factor of 0.67 or better. iv. WEHI may apply to the Environmental Compliance Officer for a hardship waiver on the installation of HVAC equipment meeting the standards outlined herein. Approval of such an application shall not be unreasonably withheld. The minimum requirements for such an application shall include the following information: 1. Proof that WEHI has applied to the New Jersey Office of Clean Energy for an energy rebate package on both HVAC and Hot Water systems, A complete copy of the application shall be submitted for review. a. The full valve of any rebates shall be clearly marked. 2, Evidence that the inclusion of the systems substantially interferes with the structural design of the building. 3. Financial documentation that the cost of the systems exceeds the cost of any potential rebates offered by any government agency requiring that WEHI expend a sum greater-than two (2) times the cost of a system of lower energy standard.