109-22 Developers Construction Agreement.pdf

1152-121 224456-3 2 number of parking spaces less than required, where 100 parking spaces are required and 51 parking spaces are proposed, (8) a “c” variance for relief from the requirement of a 50-foot buffer from an adjoining residential zone, and (9) a “c” variance for an 8-foot wall to enclose the dumpster and generator, when the maximum wall height allowed is 6 feet (collectively, the “Approval”) to effectuate the Developer’s demolition of the existing structure at the Property and construction at the Property of a three-story assisted living facility, consisting of 77,190 square feet, along with customary site improvements and amenities (collectively, the “Project” or “Development”). The Approval was memorialized by resolution entitled “Resolution of the West Orange Zoning Board of Adjustment, Application No. ZB-21-04, 609 Eagle Rock Avenue (CSH Development, LLC)” adopted by the West Orange Zoning Board of Adjustment (the “Zoning Board”) on October 21, 2021 (the “Resolution”). The Resolution is attached to this Agreement as Exhibit A and incorporated herein at length. 3. The parties intend for this Agreement to set forth the terms and conditions of a Developer’s Construction Agreement to ensure compliance with the Municipal Land Use Law of the State of New Jersey (the “MLUL”), the Zoning and Land Development Ordinance of the Township of West Orange (the “LDO”), and the enumerated conditions of the Approval as set forth in the Resolution, and to further ensure the installation of all required Improvements. For purposes of this Agreement, the word “Improvements” shall be liberally defined to include all project improvements shown on or otherwise referenced on the Project plans submitted to and approved by the Zoning Board as part of the Approval, as modified by any conditions of approval set forth in the Resolution (collectively, the “Plans”) or in the Resolution. The original Resolution and the original Plans signed by the Zoning Board Chairman, Board Secretary and the Township Engineer are on file at the Office of Planning and Zoning in West Orange.