118-13 Grant Agreement - Jewish Federation Plaza.pdf

GRANT AGREEMENT THE TOWNSHIP OF WEST ORANGE EMERGENCY REPAIRS PROGRAM ___________________________________________________________________ THIS AGREEMENT, made this _____ day of ____________ , 2013, between THE TOWNSHIP OF WEST ORANGE (hereinafter referred to as "Township") and Daughters of Israel Geriatric Services, Inc. (hereinafter referred to as "Owner") whose principal address is 750 Northfield Ave., West Orange, New Jersey 07052, in the Township of West Orange, County of Essex, and the State of New Jersey. WHEREAS, the Owner has requested monies for emergency repairs to its commercial kitchen at the Jewish Federation Plaza, located at 748-750 Northfield Avenue, West Orange, New Jersey 07052, also known as Block No. 165, Lot No. 16 in the Township of West Orange, County of Essex, and the State of New Jersey (the “Property”); and WHEREAS, pursuant to the rules promulgated by the New Jersey Council on Affordable Housing with respect to affordability assistance and affordable housing trust funds, specifically N.J.A.C. 5:97-8.1, et seq., and Township Code § 25-18.22, the Township has instituted a Development Fee Fund/Ordinance in order to fund, among other affordable housing programs, the Township of West Orange Emergency Repairs Program (WOERP), as referenced in and authorized by N.J.A.C. 5:97-8.8(a)(1) and Township Code § 25- 18.22(h)(3)(a); and WHEREAS, the Owner requested monies from the WOERP for emergency repairs, the goal of which is to upgrade and correct any obsolete appliances and appurtenances in need of replacement in the commercial kitchen at the Property, as such can pose a threat to the health and safety of the tenants; and WHEREAS, such assistance is provided to preserve the affordability of the units for the tenants; and WHEREAS, said application has been reviewed by the Township and the Owner has been found to be eligible for assistance through the Township of West Orange Emergency Repairs Program; and WHEREAS, the Owner represents that he/she will use the funds solely to perform Emergency Repair work on the Property as set forth herein and does not currently intend to convey, sell or otherwise transfer ownership of the Property for at least a ten (10) year period from the work completion date; NOW THEREFORE, in reliance upon and in consideration of the mutual representations and obligations hereunder, Township and Owner agree as

at least a ten (10) year period from the work completion date; NOW THEREFORE, in reliance upon and in consideration of the mutual representations and obligations hereunder, Township and Owner agree as follows: 1. The Owner hereby agrees to make approved emergency repairs to the commercial kitchen at the Property . 2. The Owner’s Architect has prepared a complete set of bid documents for this project based on the approval of this project by the Township’s Planning Board (PB No. 12-18), which bid documents are attached hereto and made part of this Agreement as Schedule “A.” Once the Owner has entered into a Construction Agreement(s) with the Contractor(s) to perform the emergency repair work as described herein, the Owner shall promptly notify the Township’s Business Administrator and provide a copy of the contract(s) and the Contractor