238-26 Auth. Affordable Housing Settlement - 410 Main Street.pdf

WHEREAS, the Township Council has reviewed the material terms of the Settlement Agreement and finds that resolution of the 410 Main Actions on the terms set forth therein will avoid the expense, delay, and uncertainty of continued litigation, advance the Township’s Fourth Round affordable housing compliance, and serve the best interests of the Township and its residents; and WHEREAS, the Township desires to approve the Settlement Agreement and authorize the Mayor, Township Clerk, Township counsel, and appropriate Township officials and professionals to take the actions reasonably necessary to effectuate the settlement. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange, County of Essex, State of New Jersey, that the Affordable Housing Settlement Agreement between the Township of West Orange and 410 Main Street Holdings, LLC, is hereby approved, and shall be executed by the Mayor, attested to by the Township Clerk in the same or substantially similar form as attached hereto as Exhibit A and subject to Township Attorney approval, together with any certificates, acknowledgments, or related documents reasonably necessary to effectuate the Settlement Agreement; and BE IT FURTHER RESOLVED, Township counsel, special affordable housing counsel, and the Township’s professional planner are authorized to approve and incorporate such nonmaterial revisions, corrections, clarifications, and conforming changes to the Settlement Agreement and its exhibits as may be reasonably necessary to finalize the documents, provided that no such revision materially alters the substantive terms approved by this Resolution; and BE IT FURTHER RESOLVED, Township counsel and special affordable housing counsel are authorized to submit the Settlement Agreement to the Superior Court, request any required fairness hearing or other approval, prepare and submit any proposed consent order, and execute or file any pleadings, stipulations, certifications, or other documents reasonably necessary to obtain Court approval and implement the Settlement Agreement; and BE IT FURTHER RESOLVED, that the appropriate Township officials and professionals are authorized to prepare and present for consideration the site-specific implementing zoning ordinance contemplated by the Settlement Agreement; and BE IT FURTHER RESOLVED, that the Mayor, Township Clerk, and other

o prepare and present for consideration the site-specific implementing zoning ordinance contemplated by the Settlement Agreement; and BE IT FURTHER RESOLVED, that the Mayor, Township Clerk, and other appropriate Township officials are hereby authorized to take any and all required actions to carry out this Settlement Agreement, as set forth herein. BE IT FURTHER RESOLVED, This Resolution shall take effect immediately upon adoption and a copy of this Resolution shall be made available in the Clerk’s office in accordance with applicable law. Karen J. Carnevale, R.M.C. Susan Scarpa Township Clerk Council President Adopted: August 18, 2026