193-13 Exhibit A.pdf

WHEREAS, the Township has agreed to forego the requirement that a bond be posted immediately in relation to the work to be performed at the Property in consideration of and reliance upon the terms of this Agreement; and NOW, THEREFORE, in consideration of the mutual benefits conferred in this Agreement, the receipt and sufficiency of which are hereby acknowledged, and subject to the terms and conditions herein contained, the Parties agree as follows: 1. Certificate of Occupancy for First Floor of New Facility. The Township shall request that the Construction Official issue a Certificate of Occupancy for the Initial Portion of the New Facility to the extent that he determines, in his professional opinion, that all other requirements under applicable laws, regulations, and codes have been satisfied in their entirety. 2 Completion of Outstanding Exterior Work. TLCC shall, by no later than April 15, 2015, complete ail requirements of the Site Plan Approval including but not limited to the outstanding exterior construction, paving and landscaping set forth on Exhibit “A,” which is incorporated herein at length. The Township does not represent or warrant the costs or expenses associated with TLCC’s performance of the work required by this Paragraph. 3. Certificate of Occupancy for Remaining Floors of New Facility. TLCC’s full and complete performance, by no iater than April 15, 2015, of all work required by Paragraph 2 of this Agreement is a precondition to the Township’s consideration of the issuance of a Certificate of Occupancy for the Remaining Portion of the New Facility. 4, Resolutions. Nothing contained herein shall supersede the aforementioned Resolutions passed by the Planning Board, which remain in full force and effect. 5. Choise of Law. This Agreement shall be govemed in all respects, including validity, interpretation, and effect by the laws of the State of New Jersey. The Agreement shail be dated as of the date it was last signed by any of the Parties, which date shall be incorporated on the first page of this Agreement. 6. Choice of Venue. Venue for the adjudication of any disputes arising from or in relation to this Agreement shall lie exclusively in the Superior Court of New Jersey, Essex Vicinage. 7. Waiver of Jury Trial. TLCC and the Township do hereby WAIVE any and all Fight to a trial by jury in any action or proceeding of any

xclusively in the Superior Court of New Jersey, Essex Vicinage. 7. Waiver of Jury Trial. TLCC and the Township do hereby WAIVE any and all Fight to a trial by jury in any action or proceeding of any kind arising under, out of, by reason of, or relating in any way to this Agreement or the interpretation or enforcement thereof or to any transactions thereunder.