Settlement of Litigation Agreement 2020

EXHIBIT D (tems Agreed to By WEHI With Respect to the Association in Connection With the Proposed Development) 1. 496 residential upscale/luxury apartment units, 20% of which shall be low and moderate income housing units; 2. Building layout as set forth in the Concept Plan, subject to paragraph 5.2 of the Settlement Agreement; 3. Buildings of Proposed Development to have a minimum 100-foot setback ftom Association property; 4, To the extent possible, WEHI to minimize disturbance of 100-foot buffer for installation of utilities; 5, Bems with nondeciduous trees to be constructed and installed, similar to the Vizeaya project berms; to be determined by a joint, site specific inspections. The Association has the right to review landscape plans and installations WEHI’s landscape architect, upon request. Temporary irrigation shall be provided on berms for initial tree growth. Notwithstanding, based on the increased building setbacks and woodlands preservation, the parties recognize that such berms may not be necessary and/or desirable as adequate year-round buffer/screening may be provided. Therefore, the parties agree to consider omission of berms based on the extent of, for instance, preserved woodlands, undisturbed areas, setbacks, and elevations and agree to review these issues following the balloon test described in No. 31 below,] 6, Proposed Development to have amenities such as a pool/clubhouse, open space, features telated to open space, i.e, walking trails, playground, eto., and other amenities related to the operation of an apartment complex. The amenities within the Development, excluding the dog/oat daycare and boarding facility identified in paragraph 33 below, shall not be open to the general public, Residents of the Association shall have the right to utilize any walking trails. Points of access to any such trails shall be provided at areas mutually agreeable to the parties, but shall not promote the parking of vehicles at such access points, (For instance, parking areas shall not be constructed without Association approval.); 7. The main public access to the Subject Property shall be via Warner Road and Kuzik Drive, as set forth in the Concept Plan, because same is likely required by New Jersey’s Residential Site Improvement Standards (“RSIS”). However, if RSIS permits the closure of Kuzik Drive, then Kuzik Drive shall be designated for

ept Plan, because same is likely required by New Jersey’s Residential Site Improvement Standards (“RSIS”). However, if RSIS permits the closure of Kuzik Drive, then Kuzik Drive shall be designated for emergency access only, If RSIS requires Kuzik Drive to remain open, WEHI shall seek a waiver from RSIS requiremenis before the Planning Board in connection with WEHI’s application for the Proposed Development. If the request for a waiver is denied, then Kuzik Drive shall serve as a secondary access point along with Warner Road, If Kuzik Drive remains open, WEHI shall employ traffic calming measures (.e., speed bumps, humps and/or tables) intended