Township Council Meeting — Packet

304-24 DEED OF TEMPORARY EASEMENT AND TEMPORARY EASEMENT AGREEMENT This Deed of Temporary Easement and Temporary Easement Agreement made effective as of October 29, 2024 BY AND BETWEEN RIGHT AT HOME ESSEX COUNTY residing 735 Northfield Road, Township of West Orange, County of Essex and State of New Jersey, hereinafter referred to as "GRANTOR," and THE TOWNSHIP OF WEST ORANGE, a municipal corporation of the State of New Jersey, having offices located at 66 Main Street, in the Township of West Orange, County of Essex, and State of New Jersey, hereinafter referred to as the "GRANTEE” or the “TOWNSHIP.” WITNESSETH WHEREAS the Grantor is the sole owner of Tax Block 166, Lot 59 on the official Tax Map of the Township of West Orange, County of Essex, State and New Jersey, also known as 735 Northfield Road, West Orange, New Jersey (hereinafter the “PREMISES”), and WHEREAS the GRANTEE has determined that certain emergency and other repairs are needed to demolish and replace the existing pump station located beneath the PREMISES; and WHEREAS, the GRANTOR is willing to grant to the GRANTEE and the GRANTEE is willing to accept a temporary construction easement including a temporary construction access over a portion of said premises to allow the Township and/or its’ contractor to install approximately 255 linear feet or 8” PVC sanitary sewer main within the existing 8 ft. sanitary sewer easement in order to demolish the existing pump station and reroute and connect the existing sanitary sewer laterals to the new sewer main located beneath PREMISES as described in Exhibit “A;” and WHEREAS, said Temporary Easement shall include the right to mobilize, excavate, construct sanitary sewer improvements including but is not limited to pipe, manholes, compaction, grade, backfill, pavement restoration and topsoil and seed for the purposes of stabilizing disturbed areas, preventing erosion and restoring GRANTOR’s property to its condition prior to the Grantee’s right-of-entry; and The GRANTOR hereby covenants with the GRANTEE that: a. The GRANTOR has good and lawful right to convey the temporary easement reference herein. b. The temporary easement is free and clear from encumbrances of record that might interfere with the scope of work reference herein. c. The GRANTEE has a sanitary sewer line that extends across a portion of the GRANTOR’S property; and

d. GRANTRE will provide GRANTOR at least 48 hours’ notice prior to the commence of the emergency repair; e. GRANTOR, its successors and/or assigns shall hold harmless GRANTEE, its successors and/or assigns from and against any and all claim, liabilities, penalties, costs or other damages, whether foreseen and unforeseen, arising directly from the temporary easement reference herein. f. GRANTOR agrees that if any disturbance or damage is caused to the subject property as a result of the GRANTEE’S exercise of the rights and privileges afforded to it under this instrument, the GRANTEE shall restore the affected area as near as practicable to its original condition. g. GRANTOR agrees, acknowledges, and affirms that the temporary easement hereunder granted shall be binding upon his heirs, successors, and assigns. NOW THEREFORE, in consideration of the sum of One ($1.00) Dollars and other good and valuable consideration paid to the GRANTOR by the GRANTEE, GRANTOR does hereby grant unto the GRANTEE, their heirs, successors and assigns a Temporary Construction Easement to conduct emergency repairs to the pump station on the Premises in the EASEMENT AREAS to be prescribed by the survey to be provided by the GRANTEE to the GRANTOR. In the event the GRANTEE or any of its duly authorized agents causes or inflicts any damage upon the GRANTOR’s property while exercising the rights granted pursuant to this deed of temporary easement, the property shall be restored by the GRANTEE to the condition in which it had existed prior to said maintenance and/or repair work. This easement is temporary and will expire and terminate on _____, 2024 unless the parties agree, in writing, to extend the term of the easement rights granted by this document. This easement contains the right to enter upon and pass along the EASEMENT AREA equipment, personnel and materials to install, inspect, operate or to rebuild, redesign, replace, repair, remove and maintain, the underground utility structures that are within the EASEMENT AREA. The GRANTEE will coordinate access to the EASEMENT AREA through the GRANTOR’S representative listed below: GRANTOR TO PROVIDE CONTACT INFORMATION GRANTEE shall defend, indemnify and hold harmless GRANTOR against, and shall save GRANTOR harmless from, and shall reimburse GRANTOR with respect to, any and all claims, demands, actions, causes of action, injuries, orders,

ndemnify and hold harmless GRANTOR against, and shall save GRANTOR harmless from, and shall reimburse GRANTOR with respect to, any and all claims, demands, actions, causes of action, injuries, orders, losses, liabilities (statutory or otherwise), obligations, damages, fines, penalties, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) incurred by, imposed upon or asserted against GRANTOR by reason of any accident, injury (including death at any time resulting therefrom) or damage to any person or property arising out of this Temporary Easement Agreement and resulting from the negligence or 4856-6468-3205, v. 2

intentional acts of GRANTEE or by any employee, licensee, invitee or agent of GRANTEE. This Temporary Easement Agreement may not be orally cancelled, changed, modified or amended and no cancellation, change, modification or amendment shall be effective unless in writing and signed by each of the parties hereto. This Temporary Easement Agreement shall be governed by and construed in accordance with the substantive laws of the State of New Jersey without regard to conflict of laws principles. This Temporary Easement Agreement may be executed in one or more counterparts, each of which when so executed and delivered shall be deemed to be an original instrument and all of which together shall constitute one and the same instrument. This Temporary Easement Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof 4856-6468-3205, v. 2

IN WITNESS WHEREOF, the parties have hereunder affixed their hands and seals the day and year first above written. ____________________________ RIGHT AT HOME OF ESSEX COUNTY By: ______________________________ Melodie M. Toby Owner ATTESTED TOWNSHIP OF WEST ORANGE ______________________________ Karen J. Carnevale, Township Clerk STATE OF NEW JERSEY COUNTY OF ESSEX ________________________(seal) by: Susan McCartney, Mayor ss: I CERTIFY that on October ____, 2024 Anita Thani personally came before me and stated to my satisfaction that he each person executed this instrument as his own act. ______________________________ 4856-6468-3205, v. 2

EXHIBIT A 4856-6468-3205, v. 2

Engineering Design Planning Construction Management 973.377.8500 304-24 GPINET.COM Greenman-Pedersen, Inc. 301 Gibraltar Drive, Suite 2A Morris Plains, NJ 07950 Certificates of Authorization #24GA27959500 #21MH00012700 8 7 6 5 4 3 2 DRAWING TITLE: EXISTING CONDITIONS PLAN TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NJ # 735 KORWEL PUMP STATION DECOMMISSION PROJECT BLOCK 166, LOT 59.01 # 737 PROJECT: TOWNSHIP OF WEST ORANGE REVISIONS CLIENT: Filename:F:\WEST ORANGE\2200066 KORWEL PLACE PUMP STATION\__ALL CADD\DWG\DSGNDWG\6 CONSTRUCTION DRAWINGS\2200066 EXISTING CONDITIONS.DWG Plot Date: 7/18/2024 10:44 AM Plotted By: NOAH MONETTI 1 ANDREW CANGIANO Professional Engineer License #43111 SCALE: 1"=10' DRAWN BY: NPM CHECKED BY: AC DATE: 7/15/24 DRAWING NUMBER: 4 SCALE: 1" = 10' SHEET NUMBER: 4 PROJECT NO: 2200066 FINAL FOR SEWER DESIGN PHASE: OF 9

305-24 October 29, 2024 RESOLUTION AUTHORIZING TEMPORARY EASEMENT AGREEMENT WITH OWNER OF 737 NORTHFIELD AVENUE WHEREAS, a portion of the Township’s sanitary sewer line runs beneath the property located at 737 Northfield Avenue, West Orange, NJ 07052, known as Block 166, Lot 14.01 (the “Property”); and WHEREAS, the Township of West Orange Engineer has determined that there are immediate improvements that need to be initiated at the Property to allow the Township to install approximately 255 linear feet or 8” PVC sanitary sewer main within the existing 8-foot sanitary sewer easement in order to demolish the existing pump station and reroute and connect the existing sanitary sewer laterals the new sewer main located beneath the Property; and WHEREAS, the owner of the Property has agreed to a Deed of Temporary Easement and Temporary Easement Agreement attached herein as Exhibit “A;” and WHEREAS, the Township Engineer has deemed these repairs necessary to protect the health and safety of residents; and NOW, BEING HEREBY RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, that Township is authorized to enter into the Deed of Temporary Easement and Easement Agreement attached herein as Exhibit “A;” and it is further RESOLVED, that 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. Township Clerk Bill Rutherford Council President Adopted: October 29, 2024 I hereby certify funds are available from Account No. ___ John Ditinyak, Chief Financial Officer 1

305-24 DEED OF TEMPORARY EASEMENT AND TEMPORARY EASEMENT AGREEMENT This Deed of Temporary Easement and Temporary Easement Agreement made effective as of October 29, 2024 BY AND BETWEEN ANITA THANI residing 737 Northfield Road, Township of West Orange, County of Essex and State of New Jersey, hereinafter referred to as "GRANTOR," and THE TOWNSHIP OF WEST ORANGE, a municipal corporation of the State of New Jersey, having offices located at 66 Main Street, in the Township of West Orange, County of Essex, and State of New Jersey, hereinafter referred to as the "GRANTEE” or the “TOWNSHIP.” WITNESSETH WHEREAS the Grantor is the sole owner of Tax Block 166, Lot 14.01 on the official Tax Map of the Township of West Orange, County of Essex, State and New Jersey, also known as 737 Northfield Road, West Orange, New Jersey (hereinafter the “PREMISES”), and WHEREAS the GRANTEE has determined that certain emergency and other repairs are needed to demolish and replace the existing pump station located beneath the PREMISES; and WHEREAS, the GRANTOR is willing to grant to the GRANTEE and the GRANTEE is willing to accept a temporary construction easement including a temporary construction staging area over a portion of said premises to allow the Township and/or its’ contractor to install approximately 255 linear feet or 8” PVC sanitary sewer main within the existing 8 ft. sanitary sewer easement in order to demolish the existing pump station and reroute and connect the existing sanitary sewer laterals to the new sewer main located beneath PREMISES as described in Exhibit “A;” and Said Temporary Easement shall include the right to mobilize, excavate, construct sanitary sewer improvements including but is not limited to pipe, manholes, compaction, grade, backfill, pavement restoration and topsoil and seed for the purposes of stabilizing disturbed areas, preventing erosion and restoring GRANTOR’s property to its condition prior to the Grantee’s right-of-entry; and The GRANTOR hereby covenants with the GRANTEE that: a. The GRANTOR has good and lawful right to convey the temporary easement reference herein. b. The temporary easement is free and clear from encumbrances of record that might interfere with the scope of work reference herein. c. GRANTEE will provide GRANTOR at least 48 hours’ notice prior to the commence of the emergency repair;

d. GRANTOR, its successors and/or assigns shall hold harmless GRANTEE, its successors and/or assigns from and against any and all claim, liabilities, penalties, costs or other damages, whether foreseen and unforeseen, arising directly from the temporary easement reference herein. e. GRANTOR agrees that if any disturbance or damage is caused to the subject property as a result of the GRANTEE’S exercise of the rights and privileges afforded to it under this instrument, the GRANTEE shall restore the affected area as near as practicable to its original condition. f. GRANTOR agrees, acknowledges, and affirms that the temporary easement hereunder granted shall be binding upon his heirs, successors, and assigns. NOW THEREFORE, in consideration of the sum of One ($1.00) Dollars and other good and valuable consideration paid to the GRANTOR by the GRANTEE, GRANTOR does hereby grant unto the GRANTEE, their heirs, successors and assigns a Temporary Construction Easement to conduct emergency repairs to the pump station on the Premises in the EASEMENT AREAS to be prescribed by the survey to be provided by the GRANTEE to the GRANTOR. In the event the GRANTEE or any of its duly authorized agents causes or inflicts any damage upon the GRANTOR’s property while exercising the rights granted pursuant to this deed of temporary easement, the property shall be restored by the GRANTEE to the condition in which it had existed prior to said maintenance and/or repair work. This easement is temporary and will expire and terminate on _____, 2024 unless the parties agree, in writing, to extend the term of the easement rights granted by this document. This easement contains the right to enter upon and pass along the EASEMENT AREA equipment, personnel and materials to install, inspect, operate or to rebuild, redesign, replace, repair, remove and maintain, the underground utility structures that are within the EASEMENT AREA. The GRANTEE will coordinate access to the EASEMENT AREA through the GRANTOR’S representative listed below: GRANTOR TO PROVIDE CONTACT INFORMATION GRANTEE shall defend, indemnify and hold harmless GRANTOR against, and shall save GRANTOR harmless from, and shall reimburse GRANTOR with respect to, any and all claims, demands, actions, causes of action, injuries, orders, losses, liabilities (statutory or otherwise), obligations, damages, fines, penalties, costs and