Settlement of Litigation Agreement 2020

WEHI shall pay to Fair Share Housing Center the amount of $50,000, which sum represents all legal fees/expenses of Fair Share Housing Center (“FSHC”), as agreed to by FSHC. 2.7, The Township hereby acknowledges that this Agreement was the result of numerous mediation sessions conducted by the Special Master in the Declaratory Judgment Litigation, Although the Association was not a party to the Declaratory Judgment Litigation, the Township and WEHI recognized that the Association was an interested party with regard to the development of the Subject Property. Accordingly, a representative of the Board of Directors of the Association and the Board’s attorney were invited to attend mediation sessions and otherwise be a part of the mediation process, Through its participation in the mediation process, the Association offered a great amount of input regarding the development of the Subject Property, which input, in part, is reflected in the Concept Plan. 3. OBLIGATIONS OF WEHI. 3.1 Obligation To Submit Development Applications Substantially Consistent With the Concept Plan. WEBI shall file and seek Planning Board approval of a site plan and/or subdivision application substantially consistent with the design for the Proposed Development of the Subject Property as represented in the Concept Plan, subject to the addition of amenities buildings and structures within the general area of disturbance depicted on the Concept Plan (i.e., clubhouse, dog park, maintenance shed and other aesthetic considerations), In light of the Zoning Amendment, the parties do not contemplate that any substantial waivers and/or variances will be necessary to develop the Subject Property in accordance with the Concept Plan. However, the parties acknowledge that WEHI has not yet engineered the Proposed Development and that upon engineering the Proposed Development and the submission of Jand development applications, it may become necessary to seek waivers, variances (except use variances) and/or other relief. In ot