203-22 Mutual General Release Covenant Not to Sue and Dismissal of Litigaiton - (combined).pdf

MUTUAL GENERAL RELEASE, COVENANT NOT TO SUE AND DISMISSAL OF LITIGATION This Mutual General Release dated July ___, 2022 (“Agreement”) is made by and between the following parties: KEVIN MALANGA ("MALANGA"), TOWNSHIP OF WEST ORANGE (“TOWNSHIP”) and WEST ORANGE SENIOR HOUSING, LLC and WEST ORANGE SENIOR HOUSING URBAN RENEWAL LLC. a/k/a WEST ORANGE SENIOR HOUSING URBAN RENEWAL, LLC (together, “WEST ORANGE SENIOR HOUSING”) (collectively, the “Parties”). RECITALS WHEREAS, in order to avoid the time, expense, uncertainty and risk of protracted litigation, and for other valuable consideration, the Parties now wish to settle their dispute through this Agreement; and WHEREAS, the Township owns certain property located at 46 Mt. Pleasant Avenue, West Orange, New Jersey which is designated as part of Block 68, Lot 1 on the Township’s Tax Map (“Existing Public Library”); and WHEREAS, all of the litigation described above and below including appeals is hereby defined collectively as the “Litigation;” and WHEREAS, on March 19, 2019, the Township Council adopted Resolution No. 99-19 that designated the Property as an area in need of redevelopment under the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq. (“LRHL”); and WHEREAS, on May 3, 2019, Malanga filed an action in lieu of prerogative writ challenging the redevelopment designation; and WHEREAS, on August 4, 2020, the Superior Court of New Jersey, Law Division: Essex County issued a Decision and Order dismissing Plaintiff’s Complaint; and