238 26 Exhibit A

1 12 parking garage, and the Project shall maintain the 5.14-foot setback from Park Drive North as shown on Developer’s concept plan; and WHEREAS, the Parties wish to enter into this Affordable Housing Agreement which sets forth the terms, conditions, responsibilities and obligations of the Parties relative to the Inclusionary Project and the affordable housing units to be provided on the Property. NOW, THEREFORE, in consideration of the promises and the mutual obligations contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the Parties, the Parties hereto agree to the terms set forth as follows: ARTICLE I- BASIC TERMS AND CONDITIONS Purpose The purpose of this Agreement is to resolve the disputes between the Parties, including the 410 Main Actions, and to create and maintain a rental Inclusionary Project on the Property in which, if the Project contains more than ten (10) residential units, twenty percent (20%) of the actual residential units constructed shall be affordable to very low, low and moderate income households in accordance with UHAC standards, the Fair Housing Act, the Mount Laurel doctrine, and the Township's Court approved Fourth Round HEFSP. The development will be substantially in accordance with the proposed concept plan attached hereto as Exhibit A (“Concept Plan”), and the zoning ordinance attached hereto as Exhibit B (the "Ordinance"), with the understanding that, at twelve (12) total residential units, two (2) units shall be affordable units and the remaining fractional affordable housing obligation shall be satisfied as set forth in Section 2.3 below. The Parties intend that the Affordable Units to be constructed as part of the Inclusionary Project, and any payment in lieu made with respect to a fractional affordable housing obligation, shall be included in the Township's Fourth Round HEFSP (subject to appropriate governmental approvals and related implementing measures) and shall be applied toward the Township's Fourth Round affordable housing obligation, subject to approval by the Court, Special Adjudicator, Affordable Housing Dispute Resolution Program, or other reviewing authority, as applicable. Affordability Controls to Run with the Land As a critical and non-severable component of this Agreement, the affordability controls applicable to the

am, or other reviewing authority, as applicable. Affordability Controls to Run with the Land As a critical and non-severable component of this Agreement, the affordability controls applicable to the Affordable Units in the Inclusionary Project, including without limitation 4