Township Council Meeting — Packet

BE IT FURTHER RESOLVED that this work was performed pursuant to the provisions of the Local Public Contracts Law, Emergency Contracts, N.J.S.A. 40A:11-6 as the work was required to protect public health and welfare. Karen J. Carnevale, RMC, Municipal Clerk Bill Rutherford, Council President Adopted: November 25, 2024 I certify funds are available for this work John C. Ditinyak, Chief Financial Officer Account No. 03-2830-23-0500-010 $7,200.00 2023 Capital Budget

320-24 GRABOWSKI CONSTRUCTION, INC 770 Northfield Ave West Orange NJ 07052 Ph: 973-731-0111 Fax: 973-731-6709 Email - Grabowskiconst@gmail.com INVOICE Attention: Township of West Orange 25 Lakeside Avenue West Orange NJ Job Name: Storm Manhole Repair Location: Wellington Ave Date: 11/4/2024 Job #: 2024-1011 Prepared By: J. Lanza Tax Exempt: Yes Labor Open Shop Plans By: Plan Date: Revised: Sheets: Geotech Report By: Report Date: All pricing based on the current NJDOT fuel & asphalt indexs listed below. All pricing is subject to change and will be reevalutated at the time the work is performed. Any additional costs due to index escalation is excluded and will be passed on to the owner Index Date: Fuel Index: Asphalt Index: ********************************************************* All pricing listed in this estimate are based on labor, equipment & material costs at the time of the original estimate submission. Due to volatility of material costs and overal escalation,Grabowski Construction can only guaruntee pricing for 15 days Please see the note below the grand total price related to material cost escalation. Additionaly, unit prices may subject to change due to the following: -Changes in quantities -Changes to the overal scope of work -Phasing/Sequence of work changed ********************************************************* 01. Storm Manhole Repair Description Qty UOM U/P Ext. Price Saw cut pavement Removal & Disposal of pavement around Manhole Repair/Restore Deteriorated Manhole Replace Bricks & Re-grout Joints Patch Asphalt **Work done on a saturday** Notes: Storm Manhole Repair Job #: Subtotal - $7,200.00 Grand Total - $7,200.00

321-24 November 25, 2024 RESOLUTION WHEREAS, pursuant to N.J.S.A. 40:48-2 and N.J.S.A. 24:61-45, the Township Council of the Township of West Orange (the “Township”) adopted Ordinance 2647-21 on July 13, 2021, amending the Township Code to establish rules and regulations governing cannabis; and WHEREAS, the Township’s rules and regulations governing cannabis within the Township includes a local license requirement, which requires proposed cannabis businesses to apply for and obtain the Township Council’s approval for the issuance of a local license to operate a cannabis business within the Township of West Orange (a “Local License”); and WHEREAS, Yerrr Canna, LLC, an entity registered to do business in the State of New Jersey, submitted an application for a Local License for the proposed operation of a cannabis cultivation business within the Township at the property located at: Block 62, Lot 22.01, commonly known as 82 Ashland Avenue (“Application”); and WHEREAS, Yerrr Canna, LLC, has received site plan approval from the Township’s Planning Board for the above-referenced proposed cannabis cultivation business; and WHEREAS, Yerrr Canna, LLC, received final approval from the State of New Jersey Cannabis Regulatory Commission (“CRC”) for a Class I Micro Cannabis Cultivation Annual License; and WHEREAS, the issuance of a Local License to Yerrr Canna, LLC, to operate as a Cannabis Cultivation Business will not exceed the Township's current limit of cannabis cultivation businesses;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange, County of Essex, State of New Jersey, in consideration of the recommendations of the Chief of Police hereby determines to be in the best interests of the Township, as follows: 1. The above recitals are incorporated as though set forth at length herein. 2. The application of Yerrr Canna, LLC, for a local license to operate a cannabis cultivation business within the Township of West Orange at the property located at: Block 62, Lot 22.01 (commonly known as 82 Ashland Avenue, West Orange, New Jersey), is in compliance with the Township's local regulations on cannabis businesses and is hereby approved. 3. This Resolution shall constitute proof that said application complies with the Township's local restrictions pursuant to N.J.S.A. 24:6I-45(c)(1). 4. The issuance of a Local License to operate a cannabis cultivation business within the Township would not exceed the Township's current limit of cannabis cultivation businesses. 5. The Township Clerk is authorized and directed to issue a Local License to Yerrr Canna, LLC. 6. The Township Clerk shall also promptly provide Yerrr Canna, LLC, and the New Jersey Cannabis Regulatory Commission with a certified copy of this Resolution. 7. This Resolution shall take effect immediately. Karen J. Carnevale, R.M.C. Municipal Clerk Bill Rutherford, Council President Adopted: November 25, 2024 2

322-24 November 25, 2024 RESOLUTION WHEREAS, on November 20, 2023, the Township of West Orange adopted Resolution 386-23 granting a local license to operate a Cannabis Retail Business to West Orange Wellness LLC operating at the property located at: Block 4, Lot 12, commonly known as 26 So. Valley Road, West Orange, New Jersey (the “Location”); and WHEREAS, the local license granted to West Orange Wellness, LLC was for a term of one (1) year; and WHEREAS, West Orange Wellness, LLC submitted a renewal application for its local license to the Office of the Township Clerk seeking an additional one (1) year license to operate a cannabis retail business within the Township; and WHEREAS, West Orange Wellness, LLC has not begun commencement of its retail operations as they are continuing improvements at the Location; and WHEREAS, West Orange Wellness LLC, has advised that there are no changes in its renewal application from its initial application for a local license. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of West Orange, County of Essex, State of New Jersey, hereby determines to be in the best interests of the Township, as follows: 1. The above recitals are incorporated as though set forth at length herein. 2. The renewal application of West Orange Wellness, LLC for a local license to operate a cannabis retail business within the Township at the property located at: Block 4, Lot 12 (commonly known as 26 So. Valley Road, West Orange, New Jersey), is in compliance with the Township's local regulations on cannabis businesses, and is hereby approved.

3. West Orange Wellness, LLC’s Renewal License shall be effective as of November 20, 2024 consistent with the date of its initial local license. 4. The Township Clerk shall promptly provide West Orange Wellness, LLC and the New Jersey Cannabis Regulatory Commission with a certified copy of this Resolution. Karen J. Carnevale, R.M.C. Municipal Clerk Bill Rutherford, Council President Adopted: November 25, 2024 2

323-24 November 25, 2024 RESOLUTION WHEREAS, the Township Council for the Township of West Orange pursuant to N.J.S.A. 40A:12-13-1 authorizes the Township to sell the undersized lot known as Block 175.14, Lot 2 on the Township of West Orange Tax Map (the “Property”); and WHEREAS, on October 16, 2024, pursuant to N.J.S.A. 40A:12-13.2, the Township issued letters to the owners of the properties contiguous to the Property (the “Contiguous Owners”) providing notice that the Township intended to sell the Property and that the Township was providing the Contiguous Owners, the right to prior refusal to purchase the Property; and WHEREAS, on October 17, 2024, Richard Calderon and Chautuyen Tran (the “Buyers”), the owners of 57 Mellon Avenue, submitted a formal offer consistent with the provisions of the proposed Agreement of Sale (the “Agreement”), annexed hereto as Exhibit “A” and WHEREAS, the Agreement provides that the Buyers will pay to the Township $7,500 for the purchase of the Property which is consistent with the valuation provided by Mark Hendricks, CRE, FRICS, CTA, SCGREA; and WHEREAS, the Agreement provides that the closing for the purchase of the Property shall occur no later than fourteen (14) days from the authorization of the sale by adoption of this resolution; and WHEREAS, the Agreement provides that the Buyers are obligated to obtain a survey of the Property; and to prepare the deed including the required deed restriction for the closing as well as any other documents required for the Buyers to obtain title insurance; and WHEREAS, the Buyers have already obtained the required survey. 1

THEREFORE, IT IS HEREBY RESOLVED, that the Township Council authorizes the Township to enter into the Agreement with the Buyers, annexed hereto as Exhibit “A,” pursuant to the terms and conditions set forth therein; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the Agreement with the Buyers, annexed hereto as Exhibit “A,” and the Township Clerk is authorized to attest to the Mayor’s signature; and BE IT FURTHER RESOLVED that a copy of this Resolution and exhibit hereto shall remain on file with the Township Clerk. Karen J. Carnevale, R.M.C. Municipal Clerk Bill Rutherford, Council President Adopted: November 25, 2024 2 4814-7369-3346, v. 1

PROPOSED AGREEMENT OF SALE THIS AGREEMENT OF SALE (this “Agreement”), made as of the 25th day of November, 2024 by and between THE TOWNSHIP OF WEST ORANGE, (the “Seller” or the “Township”) and RICHARD CALDERON and CHAUTUYEN TRAN (the “Buyer”). W I T N E S S E T H: WHEREAS, the Seller is the owner of certain real property known as Block 175.14, Lot 2 on the Township of West Orange Tax Map (the “Property”), an undeveloped and undersized lot adjacent to the property commonly known as ____ Mellon Avenue; and WHEREAS, on November 25, 2024, the Township Council for the Township of West Orange adopted resolution 323-24 authorizing the Township to sell the Property pursuant to N.J.S.A. 40A:12-13.2; and WHEREAS, on October 16, 2024, pursuant to N.J.S.A. 40A:12-13.2, the Township issued a letter to the owners of the properties contiguous to the Property (the “Contiguous Owners”) providing notice that the Township intended to sell the Property and that the Township was providing the Contiguous Owners, the right to prior refusal to purchase the Property; and WHEREAS, on , the Buyer submitted a formal offer consistent with the provisions of this Agreement. NOW, THEREFORE, for and in consideration of the covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the mutual promises herein made, it is agreed as follows: 1. SALE. Seller agrees to sell and Buyer agrees to purchase the Seller’s right, title, and interest in and to the Property for the Purchase Price (as hereinafter defined) and upon the terms and conditions hereinafter provided.

2. PURCHASE PRICE. The Purchase Price of the Property is SEVEN THOUSAND FIVE HUNDRED AND 00/100 ($7,500) DOLLARS (the “Purchase Price”). The Purchase Price shall be payable as follows: A. Upon execution of this Agreement, the Buyer shall pay the entire Purchase Price, to be held in escrow by the Township, until the Closing (as hereinafter defined). B. At the Closing Date as defined herein, the Township shall release the Purchase Price from escrow and accept the entire Purchase Price. 3. CLOSING DOCUMENTS. A. At the Closing, Seller shall execute and/or deliver to the Buyer: (i) a Deed (the “Deed”), in proper form for recording; and (ii) such other instruments as may be reasonably required by Buyer’s attorney or Buyer’s title insurance company to effectuate the within transaction, including an Affidavit of Title. B. At the Closing, Buyer shall execute and/or deliver to Seller such other documents and/or instruments as may be reasonably required by Seller’s attorneys or Buyer’s title insurance company to effectuate the within transaction. 4. TITLE. The dimensions of the Property shall be set forth on a survey which may be ordered by the Buyer at the Buyer’s expense. The sale is subject to easements and restrictions of record, if any, and such state of facts as an accurate survey might disclose, provided same do not render title uninsurable at regular rates. The sale is also subject to applicable zoning ordinances. The Seller shall provide title, free and clear of all mortgages, encumbrances and liens. 5. POSSESSION. At the Closing, Seller shall deliver possession of the Property to the Buyer. 2 4851-0739-6757, v. 1