238 26 Exhibit A

3.1 3.2 3.3 ARTICLE Tl - TOWNSHIP OBLIGATIONS Obligation to Include Property in Fourth Round HEFSP The Township acknowledges that, subject to the terms of this Agreement, Court approval to the extent required, and Developer’s full and timely performance of its obligations, the Property and Inclusionary Project shall be included in the Township’s Fourth Round Housing Element and Fair Share Plan and related implementing measures for the provision of the Affordable Units and satisfaction of any applicable fractional obligation as set forth herein. The Township’s inclusion of the Property and Inclusionary Project in its Fourth Round HEFSP is expressly conditioned upon Developer’s compliance with this Agreement, UHAC, the Ordinance, all applicable approvals, and all applicable laws, including but not limited to the Municipal Land Use Law, N.I.S.A. 40:55D-1 et seq. Obligation to Rezone or Adopt Implementing Ordinance for the Project The Township acknowledges and agrees that the zoning ordinance necessary to permit as-of-right development of the Inclusionary Project on the Property in accordance with this Agreement shall be attached hereto as Exhibit B. Within thirty-five (35) days of the execution of this Agreement, the Township shall introduce the Rezoning Ordinance. Upon introduction of the Rezoning Ordinance, the Township shall refer the Rezoning Ordinance to the Planning Board for review and recommendation at the Planning Board’s next regularly scheduled meeting. At the next regularly scheduled Township Committee meeting after a recommendation has been made to the Township by the Planning Board regarding the Rezoning Ordinance, or after the expiration of the thirty-five (35) day referral period, whichever is earlier, the Township will vote on the approval of the Rezoning Ordinance. The Township shall take all necessary steps to promptly adopt the Ordinance attached hereto as Exhibit B, including adoption on second reading, and in compliance with all procedural requirements set forth in the Municipal Land Use Law, NJ.S.A. 40:55D-1 et seg. Nothing herein shall be construed to require the Township, the Governing Body, the Planning Board, or any Township official to act contrary to applicable law or any order of the Court. Obligation to Cooperate The Township acknowledges that, in order for Developer to construct its Inclusionary Project, it will be

official to act contrary to applicable law or any order of the Court. Obligation to Cooperate The Township acknowledges that, in order for Developer to construct its Inclusionary Project, it will be required to obtain any and all necessary and applicable agreements, approvals, and permits from all relevant public entities and utilities, including, but not limited to: the Township, the Township's Planning Board, Essex County, the Essex County Planning Board, the New Jersey Department of Environmental Protection, the New Jersey Department of Transportation, the applicable soil conservation district, and utility providers, including those approvals set forth in the Township's ordinances and requirements imposed by the Township's.land use boards. The Township. agrees to use all reasonable efforts to assist Developer in its undertakings to obtain the required approvals. If Developer requests the Township's assistance regarding any required approvals, such assistance will be provided by the Township at Developer's expense. 13