9-21 Exhibit - Authorizing Execution of Grant Agreement for the HDSRF Grant Funds for Removal of UST at the Selecto-Flash Property a_.pdf

Exhibit “A”

HAZARDOUS DISCHARGE SITE REMEDIATION PUBLIC ENTITY GRANT AGREEMENT CHECKLIST FOR COMPLETING AND SUBMITTING CLOSING DOCUMENTS 1. Obtain a resolution or ordinance adopted by Public Entity substantially in the form attached to the HDSRF Grant Agreement as Schedule D (The “Resolution” or "Ordinance"). Have the Resolution or Ordinance certified by an Authorized Representation of the Public Entity. 2. Enter into contract(s) for the performance of the project. If the project entails only one of the following activities: preliminary assessment, site investigation, remedial investigation or remedial action, then the contract(s) must provide for the performance of the entire project. If the project entails two or three of such activities, then the contract must provide for the performance of at least the first such activity. 3. Have the Authorized Representative designated in the Resolution or Ordinance execute each of the three originals of the Grant Agreement on the page and at the place indicated and have the Grant Agreements attested by an official authorized to attest such documents. 4. Fill in and complete the information required on the original of Schedule C of the Grant Agreement, entitled “Certification of Awarded Contracts,” which have been provided in your packet, and have the Authorized Representative execute and date same. Attach copies to Schedule C of the contracts that have been awarded. See item 2 above. 5. Complete and submit Schedule E -Public Entity Project Status Summary no later than December 31st of each year until completion of the Project. (Refer to Section 4.1 B of the Grant Agreement and Schedule E for details) 6. Obtain and attach a copy of the deed, or other evidence of site control, or tax certificates to the project, as the case may be. 7. Obtain and attach a copy of the Tax Clearance Certificate for the Grantee, issued by the New Jersey Division of Taxation, not more than 180 days old as of the date of closing. This Grant shall not close unless the Authority is in satisfactory receipt of the Tax Clearance Certificate. 8. Enclose in one overnight mail package and send to the Authority the following: 1) all three originals of the signed and attested Grant Agreement

t of the Tax Clearance Certificate. 8. Enclose in one overnight mail package and send to the Authority the following: 1) all three originals of the signed and attested Grant Agreement (included in the transmittal email; (2) a copy of the certified resolution or ordinance of the Public Entity; (3) the original of the executed Schedule C (including resolutions awarding contracts); and (4) evidence of site control, if applicable.

CLOSING INSTRUCTIONS AND REQUIREMENTS HDSRF PUBLIC ENTITY GRANT AGREEMENT Set forth below are instructions and requirement for closing on your Hazardous Discharge Site Remediation Public Entity Grant (the “HDSRF Grant”), along with descriptions of the closing documents. General Closing Procedures Attached in this packet for execution by the public entity receiving an HDSRF grant are is the HDSRF Grant Agreement (the “Grant Agreement”). In order to close on its HDSRF Grant, the public entity must complete and execute these documents, obtain evidence of site control of the project (“Evidence”) if applicable, and then submit such documents to the Authority at the same time, in the same package. Please note that if the public entity fails to submit all the required documents at the same time they will be returned without review by the Authority, which may delay or jeopardize closing on the grant. If and when all the documents, including a valid Tax Clearance Certificate and Evidence, if applicable, are submitted to the Authority, they will be reviewed by the Authority and its counsel. Provided they are found to be in proper form and order, the Authority will execute the Grant Agreement and return a fully executed original to you. Upon such mailing, closing shall be complete. These closing documents are to be executed by an official of the public entity who has been authorized by the public entity resolution or ordinance (see Schedule D of Grant Agreement for Sample) to execute same on its behalf (the “Authorized Representative”).

DESCRIPTION OF CLOSING DOCUMENTS AND INSTRUCTIONS FOR COMPLETING SAME [ ] The Grant Agreement The Grant Agreement governs the rights and duties of the parties with respect to your HDSRF Grant. The provisions of this Grant Agreement have been standardized to apply to all public entity grantees under this program and are not negotiable. Please review the Grant Agreement carefully in consultation with your counsel. If acceptable, have the Authorized Representative execute and acknowledge three (3) originals on page 12, Schedules C & D. [ ] SCHEDULE A: Project Description This document describes the project in respect to the grant amount, DEP’s cost estimates, project scope, your legal name and address and other material information. You are not required to execute this document, but please review it for accuracy. (Please note that the disbursement check will be made out and mailed to name and address of the Grantee indicated on this Schedule A). [ ] SCHEDULE B: Project Completion Certificate and Calculation of Unexpended Proceeds Form If the project/activity has been completed, this Schedule must be submitted with the Grant Agreement. This is the form that certifies to the Authority that the project has been completed in accordance with the requirements of the Grant Agreement. The attached original of this Schedule B must be executed by the Authorized Representative and submitted to the Authority within 10 days after the project has been completed. You will note that Schedule B includes the Calculation of Unexpended Proceeds Form. This Unexpended Proceeds Form must be filled out completely and accurately. We strongly recommend that you immediately notify your contractor of this requirement as soon as possible so that it can assist you in completing Schedule B accurately. [ ] SCHEDULE C: Certification of Awarded Contracts This document is a certification by the public entity of the award contracts for the project. Originals of this document must be executed by the Authorized Representative and returned with the Grant Agreement. Please note that copies of each awarded contract and of your resolution authorizing the award of same are to be attached by you to this Schedule C. In addition, if the project includes more than one phase and you have not yet contracted out for all of them, then you must

authorizing the award of same are to be attached by you to this Schedule C. In addition, if the project includes more than one phase and you have not yet contracted out for all of them, then you must complete and submit to the Authority a separate Schedule C for each phase of the project as subsequently awarded.

DESCRIPTION OF CLOSING DOCUMENTS AND INSTRUCTIONS FOR COMPLETING SAME (CON’T.) [ ] SCHEDULE D: Resolution Schedule D contains a sample resolution for adoption by the public entity accepting the grant award and designating the Authorized Representative or Representatives that can execute the closing documents. The resolution must include: 1. the name of the program ("Hazardous Discharge Site Remediation Fund, Public Entity Grant Program"), 2. the amount of the grant, and 3. identity of the Authorized Representative who can execute the Grant Agreement and Schedules. [] SCHEDULE E: Public Entity Project Status Summary Annual submission until completion.. Grantee must submit to the Authority a completed Schedule E attached hereto, no later than December 31st of each year until completion of the Project. Please be advised that grant proceeds related preliminary assessment or site investigation of a contamination site must be expended within two (2) years after the date of the award; and remedial investigation of a contaminated site shall be expended within five (5) years after the date of the award. NOTE: FAILURE TO EXPEND AN AWARD OF FINANCIAL ASSISTANCE OR A GRANT FROM THE REMEDIATION FUND WITHIN THE TIME LIMITS SET FORTH HEREIN SHALL RESULT IN CANCELLATION OF THE AWARD. [ ] Proof of Site Control As required by law, the public entity must provide proof to the Authority it holds a tax sale certificate for the project property; or has acquired it through foreclosure or other similar means; or has passed a resolution or ordinance or other appropriate document to acquire the property, by voluntary conveyance for the purpose of redevelopment. To do so, you must enclose as part of the closing documents a certified copy of the public entity title or tax sale certificate or resolution acquiring the project property. (not applicable to projects in the Brownfield Development Areas or projects for recreation and conservation or for affordable housing.) [ ] Tax Clearance Certificate Tax Clearance Certificates are issued by the Division of Taxation. To apply to receive a Tax Clearance Certificate, a Grantee must complete and submit the Application for Business

earance Certificate Tax Clearance Certificates are issued by the Division of Taxation. To apply to receive a Tax Clearance Certificate, a Grantee must complete and submit the Application for Business Assistance Tax Clearance to the Division of Taxation. The Authority requires a valid Tax Clearance Certificate no more than 180 days old on file with the Authority at the time of closing or the Grant shall not close. Grants may only be awarded for real property on which there has been a discharge or a suspected discharge of a hazardous substance or hazardous waste.

NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY HAZARDOUS DISCHARGE SITE REMEDIATION PUBLIC ENTITY GRANT AGREEMENT P45524 Township of West Orange Project Site: Selecto Flash Inc. Grant Award: Up to $41,934.00 P45524 Township of West Orange (Selecto Flash Inc.)

HAZARDOUS DISCHARGE SITE REMEDIATION PUBLIC ENTITY GRANT AGREEMENT GRANT AGREEMENT (the “Agreement”) made and entered into by and between the New Jersey Economic Development Authority, a body corporate and politic constituting an instrumentality of the State of New Jersey (the “Authority") and Township of West Orange, a New Jersey public entity (the “Grantee”). BACKGROUND STATEMENT Pursuant to the provisions of Brownfields and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1, et seq., amending the Industrial Site Recovery Act, P.L. 1993, c.139, as amended from time to time (the “Act”), and pursuant to the regulations promulgated by the Authority thereunder, N.J.A.C. 19:31-8.1, et seq.( the “Regulations”), the Authority, in concert with the New Jersey Department of Environmental Protection (the “Department” or "DEP"), administers a financing program under which it makes grants from monies in the Hazardous Discharge Site Remediation Fund (the “Fund”) to public entities for real property: 1) on which they hold a tax sale certificate; 2) that they have acquired through foreclosure or other similar means; or 3) that they have acquired, or have passed a resolution or ordinance or other appropriate document to acquire, by voluntary conveyance for the purpose of redevelopment. The site control requirement does not apply to projects located in a brownfield development area or projects seeking approval for remedial action matching grants for recreation and conservation or for affordable housing. The grant monies are used to fund all or a portion of the costs of performing preliminary assessments, site investigations, remedial investigations and/or remedial actions on such real properties. Notwithstanding the above, no grant shall be awarded: unless the public entity has adopted by ordinance or resolution a comprehensive plan specifically for the development or redevelopment of contaminated or potentially contaminated real property in that municipality or can demonstrate to the Authority that a realistic opportunity exists that the subject real property will be developed or redeveloped within a three-year period from the completion of the remediation. Grants may only be awarded for real property on which there has been a discharge or suspected discharge of a hazardous