238 26 Exhibit A

14 2.1 h. stormwater management shall comply with all applicable NIDEP and municipal code regulations and landscaping, lighting, trash/recycling, facade, and other improvements shall be substantially consistent with the concept plan and/or as may be approved by the planning board; and i. such other improvements as are reasonably necessary to construct and operate the Inclusionary Project in accordance with applicable law; and jh. It is understood that the site has been previously disturbed and the proposed building will mitigate any potential disturbance along with the retaining walls and as such, slope disturbance shall be in accordance with the aforementioned proposed AH-1 Rezoning Ordinance (Exhibit B), the attached concept plan (Exhibit A) and all engineering industry standards. Exhibits The following exhibits are incorporated into and made pari of this Agreement: a. Exhibit A — Concept Plan / Site Plan for Inclusionary Project, dated [insert], last revised [insert]. b. Exhibit B — Ordinance . ARTICLE Ti_ DEVELOPER’S OBLIGATIONS Obligation to Resolve Pending Litigation and Withdraw Opposition Upon execution of this Agreement and adoption and effectiveness of the Ordinance attached as Exhibit B, Developer shall file a voluntary stipulation of dismissal with prejudice of the Builder's Remedy Action bearing Docket No. ESX-L-1824-26, Such stipulation shall be filed within five (5) business days after the later of execution of this Agreement and adoption and effectiveness of the Ordinance, unless another date is agreed to in writing by the Parties or ordered by the Court. Upon Board approval of an application submitted by Developer in accordance with the requirements of the MLUL.and pursuant to the Ordinance, Developer shall file a voluntary stipulation of dismissal with prejudice of the PW Action bearing Docket No. ESX-L-1637-25. Such stipulation shall be filed within five (5) business days after the expiration of the appeal period of Board approval of the application. Pending final dismissal of the PW Action, Developer shall consent to a stay of the PW Action. Nothing herein shall be construed as an approval of the Developer’s Application for development by the Planning Board or a waiver of any formal public hearing on the merits of the Application. The Developer’s proofs for approval 6