103-18 Attachment - EZRA.pdf

EZRA BUILDERS, LLC | 208 EAST MAIN STREET 15? FLOOR SOMERVILLE, NEW JERSEY 08876-3019 732-770-5449 | February4, 2018 TO: MUNICIPAL CLERK TOWNSHIP OF WEST ORANGE 66 MAIN STREET WEST ORANGE , NEW JERSEY 07052 | Re: 45-49 LINCOLN AVENUE PERFORMANCE BOND # ct021374 | Please be advised that the offsite improvements have been completed for the above referenced project And we would like to have the performance bond released. We will provide the maintenance bond upon request Thank You, ~ - Ronald Snyder Ezra Builders, LLC CC: jacki@licatoagency.com

168-15 PREPARED BY: yar ae re State of New Jersey AMENDMENT TO AND ASSUMPTION OF DEVELOPER’S AGREEMENT THIS AGREEMENT, made this Va day of Jeene —_, 2015, by Barbara Forfar, Executrix of the Estate of Hugh M. Forfar, Jr., deceased (the “Developer” having its principal place of business at 41 Lincoln Avenue, West Orange, New Jersey 07052 and THE TOWNSHIP OF WEST ORANGE, having its principal place of business at 66 Main Street, West Orange, New Jersey 07052 (the “Township”) and EZRA Builders, LLC having its principal place of business at 209 Warrenville Road, Greenbrook, New Jersey 08812 (the “Successor in Title”). WITNESSETH WHEREAS, the Developer and Township entered into a Developer’s Agreement (“Agreement”) dated November 19, 2013 in connection with a three (3) lot subdivision which Agreement is annexed hereto as “Exhibit A”, the scope of which relates to construction and development work in and around Block 175.09, Lots 2 & 4 on the Tax Map of the Township, now known as Block 175.09, Lots 2, 4.01, & 4.02,also known as 45-49 Lincoln Avenue. The project is known as the Final Major Subdivision Map Lincoln Avenue Extension (“The Subdivision”); WHEREAS, parties hereto have agreed to enter into this Amendment to the Agreement (“Amendment”); and WHEREAS, the Developer and Successor in Title have requested that the Township Council for the Township authorize an extension of the time period for completion of construction set forth in Paragraph 7 of the aforementioned Agreement to December 31, 2016; and WHEREAS, Developer is assigning all of the obligations of this Agreement to the Successor in Title and the Successor in Title has agreed to assume all obligations of this Agreement pursuant to Paragraph 16 of the aforementioned Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter set forth, it is hereby agreed between the parties hereto as follows: 1. The time periods for completion of construction of all improvements contemplated under the Developer’s Agreement as set forth in Paragraph 7 of the Agreement is hereby extended until December 31, 2016.

2. Pursuant to Paragraph 16 of the Agreement, Developer hereby assigns all obligations of the Agreement to the Successor in Title and Successor in Title agrees to assume and further agrees to perform all of the obligations recited in the Agreement. Furthermore, the Township hereby acknowledges said assignment and assumption and agrees to release the Developer from any further responsibility under the Agreement upon transfer of title from the Developer to the Successor in Title. This Amendment and assignment shall not be deemed a waiver of the Township’s rights to enforce the provisions of this Agreement against any party in connection with their obligations hereunder. 3. All other terms and conditions of the aforementioned Agreement shall remain in full force and effect unless specifically amended by this Agreement. Estate of Hugh M. Forfar, Jr., deceased £8 Alene Fi Die By: Barbara Forfar, Executrix”_) EZRA Builders, LLC — Ein +, mein pes By: Evan Vépilow, member « Witness/Attest Township of West Orange a A ae a a Bi Ries Pipa Mayor

STATE OF NEW JERSEY: COUNTY OF SS: I certify that on y hut A “s , 2015, Barbara Forfar, Executrix of the Estate of Hugh M. Forfar, Jr. deceased, personally came before me and acknowledged under oath, to my satisfaction , that this person a) is named in and personally signed this Amendment to Developer’s Agreement; b) signed, sealed and delivered this instrument as his or her act and deed; c) is authorized to execute this instrument as Executrix of the Estate of Hugh M. Forfar, Jr., deceased, the entity named in this instrument; d) executed this Amendment to Developer’s Agreement as the act of the entity named in this Amendment to Develop ment. DT te

STATE OF NEW JERSEY: COUNTY OF UN §S: I certify that on ~Joanl dT , 2015, Evan Topilow, member of EZRA Builders LLC, personally came before me and acknowledged under oath, to my satisfaction , that this person a) is named in and personally signed this Amendment to Developer’s Agreement; b) signed, sealed and delivered this instrument as his or her act and deed; c) is authorized to execute this instrument as member of EZRA Builders LLC, the entity named in this instrument; e) executed this Amendment to Developer’s Agreement as the act of the entity named in this Amendment to Developer’s Agreement. Qepmmeee Joyce K. Wegbreit Attorney At Law State of New Jersey

STATE OF NEW JERSEY: COUNTY OF SS: I certify that ongisth us a kde , 2015, Robert D. Parisi, Mayor, personally came before me and acknowledged under oath, to my satisfaction , that this person a) this person is the Mayor of the Township of West Orange, the municipality named in this Amendment to Agreement; b) is the attesting witness to the signing of this Amendment by the proper municipal representative who is Robert D. Parisi, Mayor.; c) this Agreement was authorized by a Resolution of the Township Council of West Orange; d) this person knows that the proper seal of the municipality was affixed to this. Amendment; and e) this person signed this proof to attest to the truth of these facts. NP. QL JIRK blic of New Jersey Expires on 4/1 3/2022 Wy Commis: Son

ENGINEER'S COST ESTIMATE LINCOLN AVENUE EXTENSION MAJOR SUBDIVISION BLOCK 175.09, LOTS 2 & 4 LINCOLN AVENUE ITEM NO. DESCRIPTION. QUANTITY unit [UNIT PRICE] amount 1 [Maintenance & Protection of Traffic TS is $600.00 "$800.00 @ JB Conc. Surface Course, 2 Thick 758 TONS 365.00} 315,176.00} 3 [Storm Inlet Retention Chamber z ONT | $7,500.00 $15,000.00 4 [ROPE Pipe LF $27.00 $702.00 & _ |Soi Erosion Contrel TS Ts "$500.00} ‘$600.00 @ [Shade Tress 5 ER '$250.00] $7,250.00 7 [Monuments cy ER $200.00} {$800.00 8 _|Concrate sidewalk, 4 & 6 Inches Thick 140 sy $48.00} $4,950.00 TOTAL $96,877.00 J2oy4(NISA 40:850-530.(1) $7,378.40 [TOTAL PERFORMANCE IGUARANTEE $44,252.40 40% CASH GUARANTEE $4,425.26 80% LETTER OF CREDIT $39,827.16 45% MAINTENANCE GUARANTEE $6,637.86 Tawk Mase rte. MGI | J R Say dec IF2@ oP ° Coa sons WE, wet