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

WHEREAS, on July 6, 2021 the Superior Court of New Jersey, Appellate Division affirmed the trial court’s determination; and WHEREAS, on August 5, 2021, Malanga filed a Petition for Certification to the New Jersey Supreme Court, Supreme Court Docket No. 086087 asking the Supreme Court to review the Appellate Division Decision (the “Petition for Certification”); and WHEREAS, on March 8, 2022, the New Jersey Supreme Court entered an Order granting Malanga’s Petition for Certification; and WHEREAS, on April 26, 2022 the Township approved the sale of the Property to West Orange Senior Housing pursuant to N.J.S.A. 40A:11-21(l); and WHEREAS, on June 10, 2022, Malanga filed a Complaint in Lieu of Prerogative Writ challenging Resolution No. 124-22 which is Docket No.: ESX-L-3433-22; and WHEREAS, the Superior Court of New Jersey conducted a Case Management Conference on July 11, 2022 and the Township has moved to dismiss the action pursuant to R. 1:10-3 and other bases; and WHEREAS, the Parties have met and agreed to this global settlement as set forth herein; and WHEREAS, the Parties have agreed to mutually release any claims they now have or could have against each other in accordance with Sections 2 and 3, below. AGREEMENT 1. Effective Date. This Agreement and the provisions contained herein shall not be effective until: (i) the Parties execute this Agreement; (ii) approval and execution of an Amendment to Sale and Purchase Agreement (“Amendment”) between the Township and West Orange Senior Housing in the form annexed hereto as Exhibit “A” which, as it relates to the issues 2