Settlement of Litigation Agreement 2020

with the Condominium; (2) Bayowski Drive remain a cul-de-sac and will only serve as an emergency access point to the Proposed Development; (3) the Proposed Development result in a minimal amount of disturbance to the Subject Property; and (4) Warner Road is intended as the primary means of access to the Proposed Development; and WHEREAS, the Parties, subject to the terms hereof, have agreed that the Proposed Development shall include an affordable housing set aside of 20% of the total units constructed; and WHEREAS, the Subject Property is not presently zoned as to permit the development of the Proposed Development; and : WHEREAS, Township has agreed to adopt an ordinance rezoning the Subject Property so as to permit the construction of the Proposed Development as of right consistent with the permitted uses and bulk standards as set forth in a proposed amendment to the Zoning Ordinance of the Township in the form attached hereto and made a part hereof as Exhibit B (the “Zoning Amendment”); and , WHEREAS, the Parties recognize and agree that the Proposed Development shall be accomplished in a manner consistent with the design terms and conditions set forth in Exhibit C, attached hereto (the “Design Terms and Conditions”); and WHEREAS, the Parties recognize and agree that the Proposed Development shall be accomplished in a manner consistent with the terms and conditions agreed to by the Association and WEHI, as set forth in Exhibit D, attached hereto (the “Association Terms and Conditions”); and WHEREAS, the Planning Board of the Township of West Orange (the “Planning Board”) is not a parly to this Settlement Agreement. However, the Parties understand and