Township Council Meeting — Packet

nature whatsoever including but not limited to all fines and penalties, whether known or unknown, which the Releasors had, now have, or which may hereafter accrue or which the Releasors may otherwise hereafter acquire, that relate to, arise out of, or in any way concern the conduct and acts of Releasee

prior to the date of this Agreement at or concerning the premises owned by Releasee located at 275 Northfield Road, West Orange, New Jersey (for the purposes of this paragraph, the “Released Claims”). The Released Claims shall not be deemed to include any claims for property taxes assessed against such property and any fines and penalties accruing after the date of this Agreement for conduct of Releasee which conduct occurs after the date of this Agreement. RON JOLYN specifically releases the following claims: Any and all claims arising out of the alleged incidents that occurred on or about September and October 2021, which are the subject of a lawsuit presently pending in the Superior Court of New Jersey, Law Division, Essex County, matter of West Orange v. Ron Jolyn Realty, et al., Docket No. ESX-L-002518-22 and which shall be dismissed with prejudice. RON JOLYN, on its own behalf, and on behalf of each of their past, present and future officers, office holders, employees, representatives, attorneys, agents, and/or assigns of all the foregoing (collectively, for the purposes of this Paragraph, the “Releasors”) hereby fully, finally and forever release and discharge the TOWNSHIP OF WEST ORANGE as well as each of its past, present and future insurers, reinsurers, officers, directors, stockholders, attorneys, agents, servants, representatives, employees, subsidiaries, parent companies, related and affiliated companies, holding companies, partners, privies, predecessors, successors in interest, and assigns (collectively, for the purposes of this paragraph, the “Releasees”) from any and all claims, demands, causes of action, damages, costs, and compensation of any nature whatsoever including but not limited to all fines and penalties, whether known or unknown, which the Releasors had, now have, or which may hereafter accrue or which the Releasors may otherwise hereafter acquire, that relate to, arise out of, or in any way concern the conduct and acts of Releasee prior to the date of this Agreement at or concerning the premises owned by Releasee located at 275 Northfield Road, West Orange, New Jersey (for the purposes of this Paragraph, the “Released Claims”). The Released Claims shall not be deemed to include any claims for property taxes assessed against such property and any fines and penalties accruing after the date of this Agreement for conduct of

”). The Released Claims shall not be deemed to include any claims for property taxes assessed against such property and any fines and penalties accruing after the date of this Agreement for conduct of Releasee which conduct occurs after the date of this Agreement. 2. Payment. In consideration for making this release you have agreed to pay us a settlement of One Hundred and Thirty-Five Thousand Dollars ($135,000) within thirty (30) days of execution of this Agreement (TIME IS OF THE ESSENCE). It is expressly understood and agreed that acceptance of this payment is in full accord and satisfaction of and in compromise of all disputed claims and that the payment thereof is not an admission of liability, but is made for the purpose to terminating all disputes and litigation between the parties. TOWNSHIP OF WEST ORANGE further understand and agree that I will not seek further payments from you. 2

3. Non-Admission. TOWNSHIP OF WEST ORANGE further acknowledges that the settlement of these claims which are also the subject of a lawsuit instituted as West Orange v. Ron Jolyn Realty, et al., Docket No. ESX-L-002518-22 does not constitute an admission of wrongdoing on the part of any party to this lawsuit. 4. Who is Bound. TOWNSHIP OF WEST ORANGE and RON JOLYN are bound by this Release. Anyone who succeeds to my rights and responsibilities, such as my heirs or the executor of my Estate, is also bound. This Release is made for your benefit and all who succeed to your rights and responsibilities, such as your heirs or the executor of your Estate. 6. Dismissal of Action. Within three (3) days of receipt of the payment set forth in Paragraph 2, the TOWNSHIP OF WEST ORANGE and RON JOLYN shall dismiss any and all claims against each other including but not limited to, cross-claims, counter-claims, claims of subrogation and/or indemnification. 7. Applicable Law. The existence, validity, construction, and operation of this Agreement, and all of its covenants, agreements, representations, warranties, terms, and conditions shall be determined in accordance with the laws of the State of New Jersey, without giving effect to the principles of conflicts of law. 8. Entire Agreement. This Agreement sets forth the entire agreement between the Parties, and fully supersedes all prior and/or contemporaneous agreements or understandings between the parties which pertain to the subject matter hereof. The terms of this Agreement may not be contradicted by evidence of any prior or contemporaneous agreement and no extrinsic evidence whatsoever may be introduced to vary its terms in any judicial proceeding involving this Agreement. 9. Modification. This Agreement may be modified, but only if the modification is in writing and signed by all parties to this Agreement. 10. Severability. Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall not be affected thereby, and said illegal or invalid part, term, or provision shall be deemed not to be part of this Agreement. 11. Signatures. The TOWNSHIP OF WEST ORANGE understands and agrees to the terms of this Release. If this Release is made by a corporation, its proper corporate officers sign and its corporate seal is

11. Signatures. The TOWNSHIP OF WEST ORANGE understands and agrees to the terms of this Release. If this Release is made by a corporation, its proper corporate officers sign and its corporate seal is affixed. 3

Witnessed or Attested by: ____________________________ _____________________________(SEAL) Representative of TOWNSHIP OF WEST ORANGE ____________________________ _____________________________(SEAL) Representative of RON JOLYN REALTY & P S REALTY STATE OF NEW JERSEY: SS COUNTY OF : I CERTIFY that on September ___, 2024, personally came before me and acknowledged under oath, to my satisfaction, that these persons (of if more than one, each person): _____ (a) are named in and personally signed this document; and (b) signed, sealed and delivered this document as his or her act and deed. Signed and sworn to before me on ________________, 2024. ___________________________ Notary Public 4

289-24 October 8, 2024 RESOLUTION RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, COUNTY OF ESSEX, STATE OF NEW JERSEY AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A FEDERAL AID AGREEMENT WITH THE NJDOT WHEREAS, the Federal Highway Administration (FHWA) authorized funding up to an amount of $338,880.15 for Preliminary Engineering Activities for the FY 2022 Safe Routes to Schools (SRTS) Project; and WHEREAS, this authorization was based on the scope of work and budget agreed upon by the Township of West Orange and the NJDOT Division of Local Aid; and WHEREAS, the scope of work in this authorization includes Preliminary Engineering (PE) Activities, and Final Design Activities will be authorized once PE activities have been completed; and WHEREAS, it is necessary for the Township to enter a design contract between the Township of West Orange and Greenman-Pedersen, Inc. for the Preliminary Engineering (PE) Activities; and WHEREAS, work cannot begin until this funding agreement is executed by the NJDOT. NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of West Orange that the Mayor and Clerk are authorized to execute the attached Federal Aid agreement. BE IT FURTHER RESOLVED that the Clerk is hereby directed to return four (4) original signed and sealed copies of the attached agreement along with three (3) signed/sealed Resolutions for execution by the Department of Transportation. BE IT FURTHER RESOLVED that the NJDOT will receive an initial billing (payment voucher) from the Township for the design project no later than 3 months after the NJDOT has concurred in the award of the construction contract, and will receive subsequent billings in accordance with the terms of the agreement. Attest and Affix Seal: _________________________ Karen Carnevale, R.M.C., Municipal Clerk Adopted: October 8, 2024 _______________________________ Bill Rutherford, Council President

289-24 State of New Jersey DEPARTMENT OF TRANSPORTATION P.O. Box 600 Trenton, New Jersey 08625-0600 FRANCIS K. O’CONNOR Commissioner PHILIP D. MURPHY Governor TAHESHA L. WAY Lt. Governor September 13, 2024 Ms. Zayibeth Carballo, Assistant Township Engineer Township of West Orange 25 Lakeside Avenue West Orange, NJ 07052 Re: PE AUTHORIZATION LETTER FY 2022 Safe Routes to Schools- Design Assistance Program West Orange Town Township, Essex County Federal Project No.: D00S734 State Job No.: 6122314 Dear Ms. Carballo On September 5, 2024, the Federal Highway Administration (FHWA) authorized funding up to an amount of $ 338,880.15 for the above captioned Federal Aid Highway Program project. This authorization was based on the scope of work and budget agreed upon by the West Orange Town Township and the Division of Local Aid. The scope of work in this authorization includes Preliminary Engineering (PE) Activities. Final Design Activities will be authorized once PE activities have been completed. Any changes to same will require prior approval of the FHWA. Award of Contract • • • West Orange Town Township will include the following sections within the attached agreement in the design contract between the West Orange Town Township and GPI under Section 4 Plans and Specifications-4.1; Section 14 Equal Opportunity; Section 15 Nondiscrimination; Section 16 Disadvantaged Business Enterprises, and attachments in Appendices A through H. WORK CANNOT BEGIN UNTIL THE ATTACHED FUNDING AGREEMENT IS EXECUTED BY NJDOT. Maplewood Township is required to submit the notice to proceed and approved project schedule. Project Agreement • • • • • Return four (4) original signed and sealed copies of the attached agreement along with four (4) original signed/sealed Resolutions for execution by the Department. RESOLUTIONS MUST INCLUDE SIGNED/SEALED CERTIFICATION STATEMENT. See attached highlighted example. DO NOT enter the date on Page 1 of the agreement. Please complete name, title, signature and date on Page 23 of the agreement which will have to be witnessed. Please complete name, title, signature and date on Page 29 of the agreement which will have to be witnessed. “IMPROVING LIVES BY IMPROVING TRANSPORTATION” New Jersey Is An Equal Opportunity Employer • Printed on Recycled and Recyclable Paper

FY 2022 Safe Routes to Schools- Design Assistance Program West Orange Town Township, Essex County Federal Project No.: D00S734 State Job No.: 6122314 • • • Attach Project Scope of Work & Cost Estimate under Appendices G & H respectively. Signed copies of the agreement should be returned within 45 days. WORK CANNOT BEGIN UNTIL THE ATTACHED FUNDING AGREEMENT IS EXECUTED BY NJDOT. Project Billing • • NJDOT must receive an initial billing (payment voucher) from the recipient for the design project no later than 3 months after NJDOT has concurred in the award of the design contract. NJDOT must receive subsequent billings (payment vouchers) on a monthly basis after the initial billing, but no later than 3 months thereafter as stipulated in the project agreement. Failure to meet the billing requirements may result in the restriction of authorization of any future FWHA funding until such time as progress on timely billings is demonstrated. The project will be considered “Inactive” if West Orange Town Township fails to submit an invoice within the durations described in 23 CFR 630.106. It is the West Orange Town Township responsibility to ensure that the federal funding is not jeopardized for this project due to an “Inactive” project status. As a reminder, work cannot begin until the attached funding agreement is executed by NJDOT. Any costs incurred prior to NJDOT execution of the attached agreement will be deemed non-participating and ineligible for reimbursement. If you have any questions, please contact Deven Patel at (609) 963-2008. Sincerely, Deven Patel Project Management Specilist 3 Division of Local Aid and Economic Development Division Office Enclosure “IMPROVING LIVES BY IMPROVING TRANSPORTATION” New Jersey Is An Equal Opportunity Employer • Printed on Recycled and Recyclable Paper

March 2022 New Jersey Department of Transportation Division of Local Aid and Economic Development Federal Aid Cost Reimbursement Agreement FEDERAL AID AGREEMENT Agreement No.: 2024-DT-DLA-520 Contract ID: Local Public Agency (LPA)/Subrecipient: West Orange Town Township CFDA Name and Number: Highway Planning and Construction 20.205 LPA DUNS Number: Contact Name and Phone Number: Deven Patel, 609-963-2008 Project: West Orange Safe Routes to School Project Municipality: West Orange Town Township County: Essex County This Cost Reimbursement Agreement (“Agreement”) is made as of the day of , by and between the West Orange Town Township, having its offices at 25 Lakeside Avenue West Orange , NJ 07052 “Subrecipient” or "Local Public Agency (‘LPA’)") and the State of New Jersey, Department of Transportation, Division of Local Aid and Economic Development, having its offices at 1035 Parkway Avenue, Trenton, NJ 08625 ("State" or “NJDOT”); WITNESSETH WHEREAS, the Congress of the United States has enacted various Transportation Authorization Bills to fund transportation programs. These transportation programs include, but are not limited to, the National Highway Performance Program (NHPP), the Surface Transportation Program (“STP”), the Congestion Mitigation and Air Quality Improvement Program (“CMAQ”), the Transportation Alternatives Program (“TA”), the Highway Safety Improvement Program (“HSIP”), the Safe Routes to School Program, and the Emergency Relief Program (collectively the “Programs”); and WHEREAS, the Legislature of the State of New Jersey has enacted legislation by which certain federal aid funds may be made available for use on local transportation related projects of public entities qualified to act as Subrecipients of these federal-aid funds in accordance with the intent of federal law; and WHEREAS, before federal funds will be made available for a specific program project, the Subrecipient and State are required to enter into an agreement to establish terms and conditions applicable to the Subrecipient when receiving federal funds for a designated project facility and to the subsequent operation and maintenance of that completed facility. WHEREAS, the Subrecipient proposes to be the Sponsor LPA of a project eligible for funding (the “Project”) pursuant to the terms and conditions of this Agreement; and 1