Public Meeting Agenda — Packet

ownship’s declaratory judgment action, Docket No. ESX-L-886-25, for purposes of mediation and discovery, without prejudice to any party making an application to have all issues tried at the same time, and Elizabeth McManus, P.P. was designated to continue as Special Adjudicator; and 2

WHEREAS, following discussions among the Township, the Board and 410 Main, the Parties reached an agreement to which 410 Main agreed to withdraw its opposition to the Township’s pending Motion for Temporary Immunity / Interim Restraints, and the Parties agreed, subject to finalization of this written settlement agreement within forty-five days of the Court’s June 24, 2026 Order and required implementing municipal action, that the Property would be included in the Township’s Fourth Round HEFSP and related implementing measures for the provision of two (2) affordable housing units; and WHEREAS, the Parties desire to resolve the 410 Main Actions, avoid further litigation, provide certainty regarding the development of the Property, and provide the Township with affordable housing credits that may be applied toward the Township’s Fourth Round affordable housing obligation; and WHEREAS, Developer seeks to develop the Property with a rental inclusionary residential project consisting of twelve (12) total residential apartment units, no commercial component, structured/underground parking, and related improvements, intended to be consistent with the concept plan attached hereto as Exhibit A and the zoning ordinance attached hereto as Exhibit B, of which two (2) residential units shall be affordable units set aside for occupancy by very low, low, and/or moderate income households in accordance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), the Fair Housing Act, applicable Court orders, and the Township's Court approved affordable housing plan (the "Inclusionary Project" or "Project"); and WHEREAS, at twelve (12) total residential units, the Parties acknowledge that the twenty percent (20%) affordable housing set aside equals 2.4 affordable units, and Developer shall provide two (2) on-site Affordable Units and satisfy the remaining 0.4 fractional affordable housing obligation by making a payment in lieu to the Township’s Affordable Housing Trust Fund in the amount of Seventy-Two Thousand Dollars ($72,000.00), calculated as forty percent (40%) of One Hundred Eighty Thousand Dollars ($180,000.00), subject to approval by the Court or other reviewing authority to the extent required; and WHEREAS, the Project shall include no fewer than nineteen (19) on-site parking spaces, and the area formerly

t to approval by the Court or other reviewing authority to the extent required; and WHEREAS, the Project shall include no fewer than nineteen (19) on-site parking spaces, and the area formerly proposed as ground floor commercial space in the Prior Application shall be converted to structured/under building parking, subject to final site plan approval and the zoning ordinance attached as Exhibit B; and WHEREAS, Developer shall annually purchase five (5) municipal parking permits at the standard municipal rate, for the municipal parking location at George Quigley Parking Lot (northeast intersection of Mississippi Avenue and Harrison Avenue) for the duration of this Project’s use; and WHEREAS, Developer shall install a pedestrian warning device for vehicles exiting the 3

parking garage, and the Project shall maintain the 5.14-foot setback from Park Drive North as shown on Developer’s concept plan; and WHEREAS, the Parties wish to enter into this Affordable Housing Agreement which sets forth the terms, conditions, responsibilities and obligations of the Parties relative to the Inclusionary Project and the affordable housing units to be provided on the Property. NOW, THEREFORE, in consideration of the promises and the mutual obligations contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the Parties, the Parties hereto agree to the terms set forth as follows: ARTICLE I – BASIC TERMS AND CONDITIONS 1.1 Purpose The purpose of this Agreement is to resolve the disputes between the Parties, including the 410 Main Actions, and to create and maintain a rental Inclusionary Project on the Property in which, if the Project contains more than ten (10) residential units, twenty percent (20%) of the actual residential units constructed shall be affordable to very low, low and moderate income households in accordance with UHAC standards, the Fair Housing Act, the Mount Laurel doctrine, and the Township's Court approved Fourth Round HEFSP. The development will be substantially in accordance with the proposed concept plan attached hereto as Exhibit A (“Concept Plan”), and the zoning ordinance attached hereto as Exhibit B (the "Ordinance"), with the understanding that, at twelve (12) total residential units, two (2) units shall be affordable units and the remaining fractional affordable housing obligation shall be satisfied as set forth in Section 2.3 below. The Parties intend that the Affordable Units to be constructed as part of the Inclusionary Project, and any payment in lieu made with respect to a fractional affordable housing obligation, shall be included in the Township's Fourth Round HEFSP (subject to appropriate governmental approvals and related implementing measures) and shall be applied toward the Township's Fourth Round affordable housing obligation, subject to approval by the Court, Special Adjudicator, Affordable Housing Dispute

lementing measures) and shall be applied toward the Township's Fourth Round affordable housing obligation, subject to approval by the Court, Special Adjudicator, Affordable Housing Dispute Resolution Program, or other reviewing authority, as applicable. 1.2 Affordability Controls to Run with the Land As a critical and non-severable component of this Agreement, the affordability controls applicable to the Affordable Units in the Inclusionary Project, including without limitation 4

recorded deed restriction(s), restrictive covenants, and any other recorded affordability instruments required by UHAC, the Fair Housing Act, the Township's affordable housing ordinances, or any Court approved compliance plan, shall run with the land. The obligations and benefits hereunder shall be binding upon and inure to the benefit of the Parties, their successors and assigns, including any person, corporation, partnership, limited liability company, or other legal entity which at any particular time may have a fee title interest in the Property which is the subject of this Agreement. Developer's obligations with respect to the Affordable Units shall continue during Developer's ownership and control of the Property and shall be assumed by any successor owner for the full affordability control period. 1.3 Project Description The Inclusionary Project shall consist of the following, subject to final site plan approval, outside agency approvals, and consistency with the Ordinance: a. twelve (12) residential apartment units; b. no commercial component; c. two (2) Affordable Units at a twelve (12) unit project, together with satisfaction of any applicable fractional obligation as set forth in Section 2.3; d. no fewer than nineteen (19) on-site parking spaces, with the area formerly proposed as commercial space in the Prior Application to be converted to structured/underground parking; e. purchase and annual repurchase by Developer of five (5) municipal parking permits at the standard municipal rate for the duration of this Project’s use, for the municipal parking location at or near George Quigley Parking Lot (northeast intersection of Mississippi Avenue and Harrison Avenue), subject to all generally applicable municipal parking rules. If sufficient parking spaces are not available at the aforementioned lot, the balance shall be arranged for at the Bethany Church parking lot located at 30 Ashwood Terrace, West Orange, subject to all generally applicable municipal parking rules. f. installation by Developer of a pedestrian warning device for vehicles exiting the parking garage;

subject to all generally applicable municipal parking rules. f. installation by Developer of a pedestrian warning device for vehicles exiting the parking garage; g. maintenance of the 5.14-foot setback from Park Drive North as shown on Developer’s concept plan; 5

h. stormwater management shall comply with all applicable NJDEP and municipal code regulations and landscaping, lighting, trash/recycling, façade, and other improvements shall be substantially consistent with the concept plan and/or as may be approved by the planning board; and i. such other improvements as are reasonably necessary to construct and operate the Inclusionary Project in accordance with applicable law; and j. It is understood that the site has been previously disturbed and the proposed building will mitigate any potential disturbance along with the retaining walls and as such, slope disturbance shall be in accordance with the aforementioned proposed AH-1 Rezoning Ordinance (Exhibit B), the attached concept plan (Exhibit A) and all engineering industry standards. 1.4 Exhibits The following exhibits are incorporated into and made part of this Agreement: a. Exhibit A – Concept Plan / Site Plan for Inclusionary Project, dated [insert], last revised [insert]. b. Exhibit B – Ordinance _____. ARTICLE II – DEVELOPER’S OBLIGATIONS 2.1 Obligation to Resolve Pending Litigation and Withdraw Opposition Upon execution of this Agreement and adoption and effectiveness of the Ordinance attached as Exhibit B, Developer shall file a voluntary stipulation of dismissal with prejudice of the Builder's Remedy Action bearing Docket No. ESX-L-1824-26. Such stipulation shall be filed within five (5) business days after the later of execution of this Agreement and adoption and effectiveness of the Ordinance, unless another date is agreed to in writing by the Parties or ordered by the Court. Upon Board approval of an application submitted by Developer in accordance with the requirements of the MLUL and pursuant to the Ordinance, Developer shall file a voluntary stipulation of dismissal with prejudice of the PW Action bearing Docket No. ESX-L-1637-25. Such stipulation shall be filed within five (5) business days after the expiration of the appeal period of Board approval of the application. Pending final dismissal of the PW Action,

Such stipulation shall be filed within five (5) business days after the expiration of the appeal period of Board approval of the application. Pending final dismissal of the PW Action, Developer shall consent to a stay of the PW Action. Nothing herein shall be construed as an approval of the Developer’s Application for development by the Planning Board or a waiver of any formal public hearing on the merits of the Application. The Developer’s proofs for approval 6

of said Application shall comply with all provisions of the MLUL. Developer shall execute and file, or consent to the filing of, any stipulation, consent order, withdrawal, dismissal, or other document reasonably required by the Township, the Planning Board, the Special Adjudicator, or the Court to effectuate the stay, withdrawal, and dismissal of the 410 Main Actions in accordance with this Agreement. Developer shall withdraw, and shall not refile, renew, support, fund, or otherwise pursue, any objection to the Township's Motion for Temporary Immunity / Interim Restraints, the Township's Fourth Round declaratory judgment action, the Township's request for compliance certification, the Township's request for repose, or the Township's Fourth Round Housing Element and Fair Share Plan, except solely to enforce the express terms of this Agreement. . The Parties shall exercise good faith, cooperate, and assist each other in preparing and filing the stipulations of dismissal and any related documents required to implement this Section, and approval of the form of such documents shall not be unreasonably withheld, conditioned, or delayed. Nothing herein shall be construed to require the Township, the Planning Board, the Governing Body, or any Township official to approve any application, ordinance, variance, waiver, permit, or other governmental approval except in accordance with applicable law. 2.2 Obligation to Provide and Maintain Creditworthy Affordable Units Developer shall ensure that the Project maintains the affordability controls such that all Affordable Units are creditworthy against the Township's affordable housing obligation pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., any applicable COAH regulations, UHAC, the Mount Laurel doctrine, the Township's Housing Element and Fair Share Plan, and any applicable Court order, pursuant to a deed restriction and related affordability controls. For purposes of this Agreement, "Affordable Unit(s)" means the affordable rental units required by this Agreement and compliant with UHAC for creditworthiness under the Fair Housing Act and the Mount Laurel doctrine. Developer shall be responsible to ensure that each Affordable Unit is