109-22 Developers Construction Agreement.pdf

1152-121 224456-3 1 109-22 DEVELOPER’S CONSTRUCTION AGREEMENT THIS DEVELOPER’S CONSTRUCTION AGREEMENT (this “Agreement”) is made and entered into as of the ____ day of __________, 2022, between: CSH WEST ORANGE, LLC, a Delaware limited liability company, with offices located at 1275 Pennsylvania Avenue, NW, Washington, D.C. 20004, and its successors and assigns (collectively, the “Developer”) and THE TOWNSHIP OF WEST ORANGE, in Essex County, a municipal corporation of the State of New Jersey, with offices located at 66 Main Street, West Orange, New Jersey 07052 (the “Township”) RECITALS WHEREAS: 1. The Developer intends to develop the land located at 609 Eagle Rock Avenue, West Orange, New Jersey, and more formally known as Lot 1412.01, in Block 152.22 (the “Property”). 2. By application of the Developer’s affiliate CSH Development, LLC, the Developer obtained preliminary and final major site plan approval, with the following associated use variances, bulk variances and design/waivers exceptions: (1) a “d(1)” use variance for an assisted living facility where same is not permitted in the B-2 zone, (2) a “(d)6” use variance for a 38.33 foot high building, whereas only a 35 foot high building is permitted, (3) a “c” variance for a three (3) story building, whereas only 2.5 stories are permitted, (4) a “c” variance for lot coverage greater than permitted where 60% is permitted and 66.8% (based on Effective Lot Area, as defined by the Township’s Code) is proposed, (5) a “c” variance for parking spaces proposed to be located in the front yard where same is not permitted, (6) a “c” variance for one (1) loading dock proposed whereas three (3) loading docks are required, (7) a “c” variance for