Township Council Meeting — Packet

Ben Shaffer Recreation P.O. Box 844 Lake Hopatcong NJ 07849 US BILL TO West Orange Township Accts. Payable Dept. 66 Main Street West Orange NJ 07052 Proposal TERMS REP DATE Proposal # Net 30 Scott Tumminello 2/2/2026 7017-1 SHIP TO West Orange Recreation Colgate Playground West Orange NJ 07052 CONTACT William Kehoe recreation@westorange.org 973-325-4151 As requested, we are pleased to quote the following using Bid #: 24/25-03; Co-op #65MCESCCPS: ITEM# / DESCRIPTION QTY Colgate Surfacing TOTAL SALE RATE AMOUNT $236,532.00 Should there be a requirement for a Performance and Payment bond there will be an increase to the Proposal of 3% of the total contract amount. The above items are priced in accordance with Bid #: ESCNJ 24/25-03; Co-op #65MCESCCPS. Freight quotes are honored for 30 days & may need to be updated before order placement. Approximate delivery time is 6-8 weeks after receipt of order. When placing your order, kindly advise whom the trucker should notify to schedule delivery. The trucker will make one contact and that person must inform any other parties to coordinate delivery. Please make your Purchase Order payable to "Ben Shaffer Recreation Inc." Standard colors and finish are quoted unless noted. Final count is the responsibility of the contractor/purchaser. Note that assembly/installation is NOT provided. Sales Tax will be added if applicable. Colgate Surfacing Page 2 / 4

Ben Shaffer Recreation P.O. Box 844 Lake Hopatcong NJ 07849 US Proposal TERMS REP DATE Proposal # Net 30 Scott Tumminello 2/2/2026 7017-1 Scott Tumminello Ben Shaffer Recreation Inc. Vice President, CPSI Scott@BenShaffer.com P: 973-294-5970 If you agree to the terms set forth in this proposal, please fill out name, signature, and date to confirm approval: Estimate Approved By Signature Date P.O. Number Trucker Contact Trucker Phone Ship To Address Colgate Surfacing Page 3 / 4

Conditions of Installation RE: _____________________________________ Installations of equipment are subject to the following conditions and/or exclusions. Unless otherwise specifically included in the accompanying quote, Ben Shaffer Recreation and its contracted installers are not responsible for the following. If non-included services are needed, additional charges will apply and be billed at the contract cost: · · · · · · · · · · · Unforeseen obstructions (such as in sub-surface) resulting in delayed installation or additional removal fees (rock, pipes, old building or site debris, hidden borders, oversized footings or other items that may be discovered during the excavation and removal process) Accepting delivery and/or checking materials Storage/security of materials at jobsite Relocation or transport of materials to jobsite Site preparation (grading, drainage, etc.) Finish work to site area (borders, protective surfacing) Removal/ Disposal of existing equipment Off-site disposal of shipping materials (cardboard, crating, etc.). Shipping materials will be neatly stacked on site, or placed in an on-site dumpster provided by site owner/manager. Equipment not included as part of original project number Any permits or clearance by utility companies and/or local building departments if applicable • Site security for rubber safety surface installation provided by others. If there are no on-site provisions for disposition of excavated footing materials (i.e. soil, blacktop, rocks, etc.) NOTE: You should contact your utility companies directly to clear the area for all utilities prior to ordering equipment. Any necessary changes in equipment or layout can then be done prior to start of construction. You must indicate that the mark-out is for survey only. Customer is responsible for locating any privately owned utilities. We cannot be responsible for any damage to water, gas or other utilities as a result of owner’s failure to clear underground plans. If finish work is being done by installer (borders, protective surfacing), direct access for delivery trucks must be provided. If site is to be graded or leveled, this must be coordinated and approved by installer to ensure adequate anchorage for structure. The owner shall hold Ben Shaffer Recreation harmless in the event of injury due to lack of, or insufficient, resilient surface. Sharp objects (i.e., sports

to ensure adequate anchorage for structure. The owner shall hold Ben Shaffer Recreation harmless in the event of injury due to lack of, or insufficient, resilient surface. Sharp objects (i.e., sports spikes, heeled shoes, etc.) will damage rubber surface and void surface warranties Ben Shaffer Recreation and its sub-contractors are in no way responsible for any issues associated with product design, manufacturing defect, lack of resilient surfacing or maintenance thereof. I have read, understood, and agree to the above conditions. Signed: ______________________________________ Print Name: _______________________________ Date: _____________________________________ Please sign/save and email to sales@benshaffer.com; or print and fax to 973-663-4615. Colgate Surfacing Page 4 / 4

114-26 March 24, 2026 RESOLUTION OF THE TOWNSHIP OF WEST ORANGE AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE PURCHASE AGREEMENT AND REDEVELOPMENT AGREEMENT WITH MDGA– WEST ORANGE DOWNTOWN REDEVELOPMENT, LLC. WHEREAS, in accordance with the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 el seq. (the “Redevelopment Law”), the Township has designated a portion of its downtown area generally bounded by the City of Orange to the southeast, Park Avenue to the southwest, Llewellyn Park to the northwest, and Kling Street to the northeast, and containing those properties identified on the Official Tax Map of the Township as Blocks 63, 64, 66, 115, 116, 116.02 and portions of Blocks 89, 114 and 117 as an area in need of redevelopment (collectively, the “Redevelopment Area”); and WHEREAS, in accordance with the Redevelopment Law, the Township enacted a redevelopment plan for the Redevelopment Area entitled the “Downtown Redevelopment Plan Historic West Orange” on February 9, 2003 (the “Original Redevelopment Plan”); and WHEREAS, the Original Redevelopment Plan has been amended throughout the years as follows: the “First Amendment,” adopted August 15, 2006, the “Second Amendment,” adopted March 6, 2007, the “Third Amendment,” adopted in 2010, and the “Fourth Amendment” adopted on September 14, 2021 (the Original Redevelopment Plan, along with the First Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment referred to collectively as the “Redevelopment Plan”); and WHEREAS, the Fourth Amended Redevelopment Plan creates a new overlay zone (the Film Services Overlay District (the “FSOD”), which provides for film production activities adjacent to the location of the world's first film production studio, the Black Maria, which was on the grounds of what is now the Thomas Edison National Historical Park; and WHEREAS, the FSOD is comprised of certain properties located within the Redevelopment Area designated as Block 63, Lots, 24, 25, 33.01, 33.02, 36, 37, 38, 39 and 41, which properties are located east of Standish Avenue and south of Lakeside Avenue; Block 64, Lots 2.01, 2.03, 2.04, 3.02, 28, 30, 31, 32, 33, 34, 34.01, 38,42.02, 49 and 49.01, which properties are located east of Ashland Avenue, south of Lakeside Avenue and west of Standish Avenue; and Block 115, Lots 15, 16, 16.01 (a portion of which is designated as Block 1302,

and 49.01, which properties are located east of Ashland Avenue, south of Lakeside Avenue and west of Standish Avenue; and Block 115, Lots 15, 16, 16.01 (a portion of which is designated as Block 1302, Lot 1 in the City of Orange), 17 and 51, which properties are located north of Lakeside Avenue, west of Watchung Avenue and south of Columbia Street (referred to collectively as the “FSOD Properties”); and WHEREAS, the Township is the fee title owner of certain real properties within the Redevelopment Area designated as Block 115, Lots 15, 16, and 51, which properties are located north of Lakeside Avenue, west of Watchung Avenue and south of Columbia Street(the “Township Properties”); and #95894292.2

WHEREAS, the Redeveloper has expressed an interest in purchasing and redeveloping the Township Properties (also referred to collectively as the “Project Site”) in accordance with the permitted uses set forth in the FSOD under the Redevelopment Plan as a film and video production campus of between 150,000 to 300,000 square feet (the “Project”); and WHEREAS, the Township determined that Redeveloper meets all necessary criteria, including financial capabilities, experience, expertise and project concept for redevelopment of the Project Site and, as a result, determined to engage exclusively in negotiations with Redeveloper for the purpose of entering into a Redevelopment Agreement to designate Redeveloper as the exclusive redeveloper of the Project Site; and WHEREAS, the Redevelopment Law, N.J.S.A. 40A:12A-8(f), authorizes the Township to arrange or contract with a redeveloper for the undertaking of any project or redevelopment work in an area designated as an area in need of redevelopment; and WHEREAS, the Township has been in discussions with Redeveloper regarding redevelopment of the Redevelopment Area pursuant to the FSOD development standards under the Redevelopment Plan; and WHEREAS, on December 5, 2023, the Township adopted Resolution Number 405-23, designating Redeveloper as redeveloper for the Project Site and authorizing the execution of the redevelopment agreement (the “Redevelopment Agreement”), pursuant to which Redeveloper made certain payments to the Township and conducted further due diligence of the Township Properties, within the limited time frames specified in the Redevelopment Agreement; and WHEREAS, Redeveloper had advanced its due diligence and preliminary work with respect to the Project to the point that the Parties negotiated and executed a First Amendment to Redevelopment Agreement, on September 26, 2024, (the “Redevelopment/Purchase Agreement”), setting forth the specific terms upon which Redeveloper will purchase the Township Properties, conduct further due diligence of the Township Properties within the time frames specified in the Amendment, extend Redeveloper’s status as the designated redeveloper for the Project Site and make certain related amendments to the Redevelopment Agreement; and WHEREAS, the Parties have recently been significantly re-engaged in discussions to advance the Project and the environmental remediation of the

n related amendments to the Redevelopment Agreement; and WHEREAS, the Parties have recently been significantly re-engaged in discussions to advance the Project and the environmental remediation of the Project Site, which will require additional time; and WHEREAS the Parties have engaged in negotiations and discussions to expeditiously advance the Project and the remediation, and wish to proceed to implement such efforts to advance the Project, upon the terms and conditions as set forth in a Second Amendment to the Redevelopment/Purchase Agreement, substantially in the form attached here to Exhibit A (the “Second Amendment”). #95894292.2

NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township of West Orange, as follows: Section 1. MDGA–West Orange Downtown Redevelopment, LLC, hereby continues to be designated as the exclusive redeveloper of the Project Site, for and upon the term set forth in the Redevelopment Agreement and Redevelopment/Purchase Agreement, as amended by the Second Amendment, for the time periods as set forth in the Second Amendment to January 26, 2027. Section 2. The Mayor is hereby authorized to execute the Second Amended Redevelopment Agreement and Purchase Agreement in substantially the form attached hereto as Exhibit A. Section 3. This resolution shall take effect immediately. Karen J. Carnevale, R.M.C., Municipal Clerk Adopted: March 24, 2026 #95894292.2 Susan Scarpa, Council President

115-26 March 24, 2026 RESOLUTION SUPPORTING THE PASSAGE OF THE POLLUTERS PAY TO MAKE NEW JERSEY MORE AFFORDABLE ACT WHEREAS, the proposed "Polluters Pay to Make New Jersey More Affordable Act" (S2338/A3735), pending before the New Jersey Legislature would impose liability on large fossil fuel companies for certain climate change related damages they caused instead of imposing all those costs on New Jersey taxpayers; and WHEREAS, New Jersey has experienced deaths and billions of dollars in losses from storms linked to climate change. Hurricane Sandy costs are estimated to be over $29 billion, along with 38 deaths, while Hurricane Ida caused about $2 billion in costs and 30 deaths. From 1980–2024 (as of November 1, 2024), there have been 74 confirmed weather/climate disaster events with losses exceeding $1 billion each to affect New Jersey. These costs do not include many others associated with climate change listed below; and WHEREAS, total global GDP today is about $100 trillion and “climate change is on track to cost the global economy $38 trillion every year in damages within the next 25 years;” and WHEREAS, a 2023 report found that extreme climate events cost the U.S. $150 billion each year, excluding costs related to loss of life, healthcare, and ecosystem damage. The 2024 catastrophic flooding and destruction caused by Hurricane Helene in western North Carolina alone likely caused at least a record $53 billion in damages and recovery needs; and WHEREAS, the effects of climate change on New Jersey municipalities include but are not limited to increases in the costs of property insurance, flooding (including clean ups, property buyouts and prevention), public health care costs (costs from injuries, heat, dealing with vector borne diseases and insurance), repair to critical infrastructure such as roads, bridges, sewer systems and wastewater management, installing/maintaining air conditioning in schools, costs of dealing with forest fires and resulting property damages, increased costs of water purification from droughts or floods, seawall and other protections against ocean flooding, raising roads to prevent sunny-day flooding, potential lawsuits from residents, loss of tax revenue from destroyed properties, salt water invasion of aquifers, algal blooms, loss of recreation/tourism revenue, dealing with insect and other infestations; and WHEREAS, more than