Township Council Meeting (formerly 2.24.26) — Packet

91-26 March 3, 2026 RESOLUTION AUTHORIZING THE PAYMENT OF SERVICES FOR TREE PLANTING AS BID IN THE 2024 TREE PLANTING AT VARIOUS LOCATIONS WHEREAS, the Township of West Orange, ("Township") has received an invoice from Frank Galbraith & Son Excavation and Demolition LLC (“FGS”) in connection with FGS’s contract (“Contract”) with the Township of West Orange (“Township”) pursuant to which FGS agreed to perform work on the project known as 2024 Tree Planting at Various Locations (“Project”); and WHEREAS, in October 2024, the Township issued a set of bid specifications for a proposed contract for the purchase and planting of 248 trees and purchase and installment of 57 tree barriers; and WHEREAS, the bid documents specified that these were estimated quantities, and that “[i]f a greater . . . amount of the various classes given in the estimated amounts for bidding is required to complete the work,” the contractor will be paid “on the actual amount of Work performed at his unit price bid” as set forth in the Instructions to Bidders, §B-11; and WHEREAS, the Contract similarly states that “[t]he quantities shown are approximate only, and the Township reserves the right to increase or decrease them, at the unit price bid,” and that [p]ayment will be made for the actual quantity of authorized work done under each item scheduled in the Proposal” as set forth in the Contract, § C-54; and WHEREAS during the course of the performance of the Contract, the Township Forester directed FGS to purchase and install a total of 285 trees, as more trees were needed to complete the Contract; and WHERAS, at the direction of the Township’s authorized representatives, FGS installed 285 trees, exceeding the Contract’s estimated quantities by 37 trees; and WHEREAS, thereafter directed that FGS submit two separate requests for payment – first, an invoice for the estimated quantities set forth in the bid documents (248 trees, 57 root barriers), followed by a separate request for payment for the additional quantities installed by FGS at the direction of the Township’s representatives; and WHEREAS, FGC has submitted an invoice in the amount of $16,187.50 for the planting of 37 additional trees within the Township; and WHEREAS, the Township has reviewed the invoice and confirmed that the tree planting services were satisfactorily completed in accordance with the specifications outlined in the

ithin the Township; and WHEREAS, the Township has reviewed the invoice and confirmed that the tree planting services were satisfactorily completed in accordance with the specifications outlined in the Contract; and WHEREAS, the Purchasing Agent, Business Administrator and Chief Financial Officer have certified that sufficient funds are available in the Budget Account to pay this invoice; and

WHEREAS, the Township has determined that the procurement of these tree planting services was conducted in accordance with the requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and WHEREAS, the Governing Body has determined that it is in the best interest of the Municipality to authorize payment to the Township for the tree planting services provided; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of West Orange, County of Essex, State of New Jersey as follows: 1. Authorizes the payment of the FGS invoice in the amount of $16,187.50 to Frank Galbraith & Son Excavation and Demolition LLC, for tree planting services provided to the Township in compliance with the Project and the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. 2. The Mayor and Municipal Clerk are hereby authorized and directed to execute any documents and take any actions necessary to effectuate the payment authorized by this Resolution. 3. The Business Administrator is hereby authorized and directed to issue payment to Frank Galbraith & Son Excavation and Demolition LLC in the amount of $16,187.50 in accordance with the terms of the Contract and this Resolution. 4. The Business Administrator certifies that this payment is in compliance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., including but not limited to any applicable provisions regarding cooperative purchasing agreements. 5. This Resolution shall take effect immediately. BE IT FURTHER RESOLVED, that this Resolution shall be made available in the Clerk’s Office for reasonable inspection in accordance with applicable law. Karen J. Carnevale, R.M.C. Municipal Clerk Adopted: March 3, 2026 Susan Scarpa Council President

92-26 March 3, 2026 RESOLUTION OF THE TOWNSHIP OF WEST ORANGE AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE REDEVELOPMENT AGREEMENT BETWEEN THE TOWNSHIP OF WEST ORANGE AND 18 CENTRAL AVENUE URBAN RENEWAL LLC WHEREAS, the Township Council of the Township of West Orange (the “Township Council”) adopted Resolution 228-16 on October 26, 2016 pursuant to the provisions of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the “Redevelopment Law”), designating the properties identified as Block 9, Lots 11.01, 11.02, 11.03, 32, & 36 and Block 7, Lot 22 on the official tax maps of the Township, as an area in need of redevelopment (the “Redevelopment Area”); and WHEREAS, pursuant to N.J.S.A. 40A:12A-7, the Township Council, in accordance with the applicable provisions and requirements of the Redevelopment Law, passed Ordinance 249916 adopting a Redevelopment Plan for the Redevelopment Area (as may be amended and supplemented from time to time, the “Redevelopment Plan”); and WHEREAS, on March 7, 2017, the Township Council adopted Resolution 74-17 which authorized the designation of The Alpert Group, LLC as the interim redeveloper of the Redevelopment Area and the execution of an Interim Redevelopment Agreement with the Redeveloper (the “Interim Agreement”) WHEREAS, the Redevelopment Area includes the properties identified as Block 9, Lot 36 and Block 7, Lot 22 on the tax maps of the Township known as 18 Central Avenue (the “Selecto-Flash Property”) currently owned by the Township following the issuance of a final judgment dated December 7, 2016 in an In Rem Tax Foreclosure, as well as Block 9, Lot 32, which was also acquired by the Township (the “Subject Properties”); and

WHEREAS, on September 4, 2018, the Township Council adopted Resolution 192-18 which authorized the execution of a First Amendment to Interim Agreement between Township and The Alpert Group, LLC (the “First Interim Agreement Amendment”); and WHEREAS, on December 11, 2018, the Township Council adopted Resolution 270-18 which authorized the execution of a Second Amendment to Interim Agreement between Township and The Alpert Group, LLC (the “Second Interim Agreement Amendment”); and WHEREAS, on March 18, 2021, the Township and The Alpert Group, LLC entered into a Redevelopment Agreement (hereinafter “Redevelopment Agreement”) (collectively the Redevelopment Agreement, Interim Agreement, First Amendment and Second Amendment are referred to herein as the “Redevelopment Agreements”); and WHEREAS, by Assignment and Assumption Agreement dated November 3, 2025, The Alpert Group assigned its rights and obligations under the Redevelopment Agreements to 18 Central Avenue Urban Renewal, LLC; and WHEREAS, the Redevelopment Agreements remain in full force and effect; and WHEREAS, as set forth in the Redevelopment Agreements, the Parties have made certain agreements and commitments with respect to certain properties located in the Redevelopment Area, including the Subject Properties; and WHEREAS, pursuant to Sections 2.08 and 3.03 of the Interim Agreement, the Redeveloper was granted a license to access the Subject Properties to advance the Project by performing remediation services for the removal of environmental contaminants; and WHEREAS, the Redevelopment Agreements provided that, based on the outcome of remediation to be undertaken on the Subject Properties and an application for land use approvals

to develop the Subject Properties, the Redeveloper shall purchase the Subject Properties from the Township; and WHEREAS, by Resolution adopted May 5, 2021, the West Orange Planning Board granted Redeveloper site plan approval to construct a mixed-use development (the “Project”) on the Subject Properties; and WHEREAS, by Resolutions adopted on April 12, 2023, March 12, 2024, and March 19, 2025, the Planning Board extended its 2021 approval; and WHEREAS, the protection period for the approval is expiring on May 5, 2026 pursuant to N.J.S.A. 40:55D-52 due to allowable extensions being exhausted; and WHEREAS, the redevelopment of the Subject Properties has been delayed in part due to the environmental remediation effort, the need to address regulatory permitting issues with the New Jersey Department of Environmental Protection (“NJDEP”) under the Flood Hazard Area Control Act, and the COVID-19 emergency; and WHEREAS, Redeveloper desires to commence preliminary construction of the Project while remediation continues and prior to its purchasing the Property so that the Township still remains eligible to pledge grant monies it secures for remediation to the site from the New Jersey Hazardous Discharge Site Remediation Fund; and WHEREAS, the Township desires to support the completion of the Project by granting a new license to the Redeveloper to permit it to perform preliminary work on the Project, including but not limited to clearing, grading, excavation, construction of stormwater management facilities, pouring of foundations and related work in order to preserve its site plan approval, subject to the conditions set forth in this Agreement.

NOW THEREFORE BE IT RESOLVED that the governing body hereby authorizes the Mayor to execute the proposed first amendment to the Redevelopment Agreement By and Between the Township of West Orange and 18 Central Avenue Urban Renewal LLC, substantially in the form of the agreement attached hereto, granting a license to the Redeveloper to commence preliminary work, including but not limited to clearing, grading, excavation, construction of stormwater management facilities, pouring of foundations and related work, is hereby approved, subject to the conditions set forth in an agreement substantially similar to the agreement attached hereto, subject to the Township’s Attorney’s approval., BE IT FURTHER RESOLVED, that by this First Amendment, the Parties agree that the Redeveloper may choose to take title to the Subject Properties prior to the Remediation Completion Date, in accordance with the terms of the First Amendment. BE IT FURTHER RESOLVED, that the Mayor and Township Clerk are hereby authorized to execute said Amendment of the Redeveloper’s Agreement, in a form substantially as the amendment attached hereto. BE IT FURTHER RESOLVED, that this Resolution shall be published in accordance with law. Karen J. Carnevale, R.M.C., Municipal Clerk Adopted: March 3, 2026 Susan Scarpa, Council President

92-26 FIRST AMENDMENT TO REDEVELOPMENT AGREEMENT THIS AGREEMENT, entered into this 24th day of February, 2026 (hereinafter referred to as the “First Amendment”) between the Township of West Orange, a public body corporate (which together with any successor public body or officer hereinafter designated by or pursuant to law is hereinafter referred to as the “Township”), having its offices at 66 Main Street, West Orange, New Jersey 07052, and 18 Central Avenue Urban Renewal LLC, with offices located at One Parker Plaza, Fort Lee, New Jersey 07024 (hereinafter referred to as “18 Central” or the “Redeveloper”) (collectively the “Parties”). WITNESSETH: WHEREAS, the Township Council of the Township of West Orange (the “Township Council”) adopted Resolution 228-16 on October 26, 2016 pursuant to the provisions of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the “Redevelopment Law”), designating the properties identified as Block 9, Lots 11.01, 11.02, 11.03, 32, & 36 and Block 7, Lot 22 on the official tax maps of the Township, as an area in need of redevelopment (the “Redevelopment Area”); and WHEREAS, pursuant to N.J.S.A. 40A:12A-7, the Township Council, in accordance with the applicable provisions and requirements of the Redevelopment Law, passed Ordinance 249916 adopting a Redevelopment Plan for the Redevelopment Area (as may be amended and supplemented from time to time, the “Redevelopment Plan”); and WHEREAS, on March 7, 2017, the Township Council adopted Resolution 74-17 which authorized the designation of The Alpert Group, LLC as the interim redeveloper of the 1 4932-5755-6367, v. 1

Redevelopment Area and the execution of an Interim Redevelopment Agreement with the Redeveloper (the “Interim Agreement”) WHEREAS, the Redevelopment Area includes the properties identified as Block 9, Lot 36 and Block 7, Lot 22 on the tax maps of the Township known as 18 Central Avenue (the “Selecto-Flash Property”) currently owned by the Township following the issuance of a final judgment dated December 7, 2016 in an In Rem Tax Foreclosure, as well as Block 9, Lot 32, acquired by the Township by Deed dated October 2, 2018 (the “Subject Properties”); and WHEREAS, on September 4, 2018, the Township Council adopted Resolution 192-18 which authorized the execution of a First Amendment to Interim Agreement between Township and The Alpert Group, LLC (the “First Interim Agreement Amendment”); and WHEREAS, on December 11, 2018, the Township Council adopted Resolution 270-18 which authorized the execution of a Second Amendment to Interim Agreement between Township and The Alpert Group, LLC (the “Second Interim Agreement Amendment”); and WHEREAS, on March 18, 2021, the Township and The Alpert Group, LLC entered into a Redevelopment Agreement (hereinafter “Redevelopment Agreement”)(collectively the Redevelopment Agreement, Interim Agreement, First Amendment and Second Amendment are referred to herein as the “Redevelopment Agreements”); and WHEREAS, by Assignment and Assumption Agreement dated November 3, 2025, The Alpert Group assigned its rights and obligations under the Redevelopment Agreements to 18 Central Avenue Urban Renewal, LLC; and WHEREAS, the Redevelopment Agreements remain in full force and effect; and 2 4932-5755-6367, v. 1

WHEREAS, as set forth in the Redevelopment Agreements, the Parties have made certain agreements and commitments with respect to certain properties located in the Redevelopment Area, including the Subject Properties; and WHEREAS, pursuant to Sections 2.08 and 3.03 of the Interim Agreement, the Redeveloper was granted a license to access the Subject Properties to advance the Project; and WHEREAS, the Redevelopment Agreements provided that, based on the outcome of remediation to be undertaken on the Subject Properties and an application for land use approvals to develop the Subject Properties, the Redeveloper shall purchase the Subject Properties from the Township; and WHEREAS, by Resolution adopted May 5, 2021, the West Orange Planning Board granted Redeveloper approval to construct a mixed use development (the “Project”) on the Subject Properties; and WHEREAS, by Resolutions adopted on April 12, 2023, March 12, 2024, and March 19, 2025, the Planning Board extended its 2021 approval to May 5, 2026, by which time construction is to commence in order to preserve the aforesaid approval; and WHEREAS, the redevelopment of the Subject Properties has been delayed in part due to the environmental remediation effort, the need to address regulatory permitting issues with the New Jersey Department of Environmental Protection (“NJDEP”) under the Flood Hazard Area Control Act, and the COVID-19 emergency; and WHEREAS, Redeveloper desires to commence preliminary construction of the Project while remediation continues, with the subsequent purchase and closing of the Subject Properties by the Redeveloper on a date to be determined by the Redeveloper based on the status of the 3 4932-5755-6367, v. 1