The Docket · Government Meeting · DKT-2026-002037

On the agenda: Wall Township meeting — ALPR (Oct 13)

Name: On the agenda: Wall Township meeting — ALPR (Oct 13)
Start: 2026-10-13
End: 2026-10-13
Location: meeting Oct 13, 2026

⚠ Agenda Watch Wall Township, New Jersey · Tuesday, October 13, 2026 — in 4 days

About this record

The published agenda for this October 13 meeting contains: "ALPR". This is the public record BEFORE the vote — read the document, then show up. Public comment is where cancellations start.

WhenTuesday, October 13, 2026
Check the agenda document for the meeting time.

WhereWall Township, New Jersey

Bodymeeting Oct 13, 2026

Money$9,486,566.77 on the table

On the record“ALPR”

The agenda, word for word

Government public record — the full text of the published document, archived October 9, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

88 pages · scroll to read

Page 1 of 88

TOWNSHIP OF WALL
EXECUTIVE MEETING AGENDA
OCTOBER 13, 2026
___________________________
7:00 P.M.
MAIN MEETING ROOM
https://www.youtube.com/@WallTWP

This agenda reflects to the extent known at the time of the posting, pursuant to N.J.S.A. 10:4-8(d). The agenda is
tentative and is subject to amendment, additions or deletions prior to the meeting.
1.

Salute to the Flag and a Moment of Silence

Sunshine Statement:
In compliance with the “Open Public Meetings Act,” Chapter 231, P.L. 1975, adequate notice of this
meeting has been provided in the following manner: the annual notice was forwarded to the official
Township newspapers and was posted in the Wall Township Municipal Building. All notices are on file with
the Township Clerk.

Roll Call

D
4.
5.

Presentation:

o JCP&L -Storm Response and Outages

Resolution No. 26-1001 - Approval of vouchers for September 23, 2026, through October 13, 2026, in
the amount of $9,486,566.77
Motion - Second - Roll-Call Vote
Consent Agenda Statement:

All items listed on the "Consent Agenda" are considered routine by the Township and will be adopted or
approved collectively by a single motion and roll-call vote by a majority of the Township Committee. All
items are available for public inspection at this meeting and in the office of the Township Clerk. There will
be no separate discussion of these items. If discussion is desired on any item, it will be considered
separately. The Mayor asks if any member of the Township Committee wishes to consider any item
separately. If not, he/she requests a motion to approve the items listed.
Approval of Minutes:
o 09/08/2026
Resolution No. 26-1002 - Authorization for Information Age Learning Center (InfoAge) to enter into
sublease agreements
Resolution No. 26-1003 - Authorization to execute a New Jersey Department of Environmental Protection
Treatment Works Approval Permit Application (TWA-1) for the extension of the sanitary sewer system for –
Block 270, Lot(s) 22, 23, 23.01 and portions of 14 and 24 located at 1813, 1815 and 1817 Old Mill Road &
1601 18th Avenue as requested by Old Mill Partners, LLC
Resolution No. 26-1004 - Authorization to approve certain Township refund(s):
o Clerk
Resolution No. 26-1005 - Authorization to request approval of Items of Revenue and Appropriation N.J.S.
40A:4-87 Special Traffic Enforcement Program Grant FY 2027
Resolution No. 26-1006 - Authorization to cancel capital appropriation balances

Resolution No. 26-1007 - Authorization to execute a contract with Route 23 AutoMall, LLC for the purchase
of a 2027 Ford F-550 Chassis 4X4 SD Super Cab 192” WB DRW XL through the Bergen County
Cooperative (NJ Cooperative Purchasing Alliance) Purchasing Program at a price not to exceed $82,055.00
Resolution No. 26-1008 – Authorization to approve certain personnel actions
Resolution No. 26-1009 - Authorization to close various Township street(s) for the purpose of a block
party:
o Camden Ave/Jefferson Ave and Camden Ave/Wildwood Ave
o Pennsylvania Ave/Philadelphia Ave/Brielle Place
Resolution No. 26-1010 - Authorization to utilize the engineering services of H2M Associates, Inc. for
preparation of plans, specifications, and bidding services for Allenwood reservoir and water booster pump
station improvements in an amount not to exceed $138,900.00 and authorization for the Qualified
Purchasing Agent to advertise for public bids
Resolution No. 26-1011- Authorization to approve a Facility Use Agreement:
o New Jersey Paranormal- Camp Evans/ InfoAge – Multiple Dates

Page 2 of 88

Resolution No. 26-1012 - Authorization to amend the terms of a professional legal services contract
Resolution No. 26-1013 - Authorization to approve certain personnel matter(s)
o Police Department
o Building Department
o Department of Public Works
Resolution No. 26-1014 - Authorization to enter into a Redevelopment Agreement with K. Hovnanian at
Peddlers Village, LLC and approving redeveloper designation upon execution
Resolution No. 26-1015 - Authorization to approve an entry into access agreement for due diligence with fee
owners of Block 800, Lot(s) 25 and 25 QFarm, commonly known as 2122 Allenwood Road and Block 800,
Lot(s) 56 and 56 QFarm, commonly known as 2906 Eighteenth Avenue
Resolution No. 26-1016- Authorization to appoint member(s) to the Zoning Board of Adjustment
Jo Schloder – Alternate No. 4

End of Consent Agenda:
Motion - Second - Roll Call Vote
7.

Committee Reports:

A. Committeeman Becht: Public Safety, Municipal Court, Board of Health
a.

Committee Chair’s Report:

B. Committeeman Clayton: Administration, Finance, Personnel, Board of Education, Economic
Development
a.

Committee Chair’s Report:

C. Committeeman Orender: Public Works, Veteran Services
a.

Committee Chair’s Report:

D. Deputy Mayor Farrell: Department of Land Use and Development, West Belmar Gateway, InfoAge,
Environmental Advisory Committee, Senior Citizen Advisory Committee
a.

Committee Chair’s Report:

E. Mayor Mangan: Recreation, Monmouth County Library, Wall Community Alliance, Women’s
Leadership

Administrator Reports: Administrator Tobia:
a.

Committee Chair’s Report:

Administrator Report:

10. Close public comment

Public Comment Statement: Opportunity for anyone to comment with a limit of five (5) minutes per
speaker
The public comment portion of our meeting is to allow the public to bring to the Committee’s attention
their concerns or comments. In accordance with N.J.S.A. 10: 4-12(a), the Committee asks the public to limit
their comments to five minutes or less. The Committee will respect the public’s time by refraining from any
comment until the speaker has finished with their allotted time. It should be further noted that the public
comment portion of our meeting is not structured as a question-and-answer session. If a member of the
public has questions, they seek answers to, an appointment can be made with the Township Administrator’s
office during regular business hours. The attorney will regulate the time during the comment portion of our
meeting.
Motion - Second – Roll Call Vote

11.

Closing comments from the Township Committee:

12. Resolution No. 26-1017- Authorization to discuss matters in executive session:
o Potential litigation/existing
o Personnel
o Contract negotiations
o Attorney-client privilege
Motion - Second – Roll Call Vote

13. Return to Public Session and a Motion to Adjourn
Motion - Second - Voice Vote - All in Favor

Agenda Page 2

Page 3 of 88

TOWNSHIP OF WALL
RESOLUTION NO. 26-1001
CERTIFICATION OF TOWNSHIP FUNDS
SEPTEMBER 23, 2026, THROUGH OCTOBER 13, 2026, IN THE AMOUNT OF
$9,486,566.77
We, the undersigned members of the Township Committee of the Township of Wall have
reviewed the information provided by the Township Administrator and rely on his
recommendation that the attached vouchers are in proper order and may be executed for

payment. This authorization for execution does not extend to any voucher that would
constitute a conflict of interest for any of the undersigned Committee members.

________________________________
Daniel F. Becht, Committeeman

________________________________
Timothy J. Clayton, Committeeman

________________________________
Kevin P. Orender, Committeeman

ft
________________________________
Timothy J. Farrell, Deputy Mayor
________________________________
Erin M. Mangan, Mayor

Page 4 of 88

TOWNSHIP OF WALL
RESOLUTION NO. 26-1002
AUTHORIZATION FOR INFORMATION AGE LEARNING CENTER
(INFOAGE) TO ENTER INTO SUBLEASES
WHEREAS, the Township of Wall owns the area in Wall Township designated as Fort
Monmouth, Evans Area Subpost and has authorized Information Age Learning Center
(INFOAGE) to engage various non-profit entities to locate at this site; and

WHEREAS, the Township recognizes the benefits that have inured to the community
as a result of the activities INFOAGE has engaged in, including the development of
educational and historical opportunities for the residents of Wall Township and the entire
region; and
WHEREAS, the Township supports the efforts of INFOAGE to continue to attract
non-profit entities that have in common with INFOAGE the desire to promote historical and
educational opportunities at this location; and
WHEREAS, the Township understands that it is incumbent upon the entities leasing
space at this location to maintain all necessary insurance coverages in an effort to hold harmless
the Township and INFOAGE; and
WHEREAS, INFOAGE has requested authorization for the sublease agreement(s)
listed below, subject to the conditions contained in each respective lease.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Committee of the
Township of Wall, County of Monmouth, State of New Jersey that the Township of Wall
authorizes INFOAGE to enter into a sublease with St. Vincent De Paul and Selective Seconds
for the use of the premises located at Fort Monmouth, Evans Area Subpost.
Non-Profit Entity

Expiration

St. Vincent De Paul

8/31/2028

Selective Seconds

8/31/2028

I, Keri Pagnoni, Deputy Clerk of the Township of
Wall, do hereby certify that the foregoing is a true
copy of a Resolution adopted by the Township
Committee of the Township of Wall at a Regular
Meeting, located at 2700 Allaire Road, Wall, NJ
07719, held on October 13, 2026.
____________________________________
Keri Pagnoni, RMC
Deputy Clerk

Page 5 of 88

TOWNSHIP OF WALL
RESOLUTION NO. 26-1003
AUTHORIZATION TO EXECUTE A NEW JERSEY DEPARTMENT OF
ENVIRONMENTAL PROTECTION TREATMENT WORKS APPROVAL PERMIT
APPLICATION (TWA-1) FOR THE EXTENSION OF THE SANITARY SEWER
SYSTEM FOR – BLOCK 270, LOT(S) 22, 23, 23.01 AND PORTIONS OF 14 AND 24
LOCATED AT 1813, 1815 AND 1817 OLD MILL ROAD & 1601 18TH AVENUE AS
REQUESTED BY OLD MILL PARTNERS, LLC

WHEREAS, the extension of the sanitary sewer system will be required as stated by the
Township Engineer for Block 270, Lot(s) 22, 23, 23.01 and portions of 14 and 24 located at 1813,
1815 and 1817 Old Mill Road & 1601 18th Avenue, as shown on the tax map of the Township
of Wall. The project will have no impact on the Wall Township Sanitary Collection System, and
it is necessary for Old Mill Partners, LLC, who needs the Township’s consent for an approval
from the New Jersey Department of Environmental Protection (NJDEP) for a Treatment Works
Approval (TWA-1) Permit as a result of a proposed extension of the sanitary sewer system
associated with the proposed project; and,
WHEREAS, it is necessary for the Township of Wall to consent to the TWA-1 Permit
application to be filed by the applicant with the NJDEP; and
WHEREAS, the TWA-1 application can be executed pending approval by Colliers
Engineering & Design, consulting engineer for the Township; and

WHEREAS, the Township Committee of the Township of Wall hereby authorizes the
Mayor and Township Clerk to execute the statement of consent (WQM-003-T) as part of the
TWA-1 permit application for Block 270, Lot(s) 22, 23, 23.01 and portions of 14 and 24 located
at 1813, 1815 and 1817 Old Mill Road & 1601 18th Avenue, as requested by Old Mill Partners,
LLC.

NOW, THEREFORE, BE IT RESOLVED, the Township Committee of the
Township of Wall, that the Mayor and Township Clerk are hereby authorized to execute the
statement of consent form which is part of the NJDEP TWA-1 permit application concerning
the project for the Block 270, Lot(s) 22, 23, 23.01 and portions of 14 and 24 located at 1813, 1815
and 1817 Old Mill Road & 1601 18th Avenue.
I, Keri Pagnoni, Deputy Clerk of the Township of
Wall, do hereby certify that the foregoing is a true
copy of a Resolution adopted by the Township
Committee of the Township of Wall at a Regular
Meeting, located at 2700 Allaire Road, Wall, NJ
07719, held on October 13, 2026.
____________________________________
Keri Pagnoni, RMC
Deputy Clerk

Page 6 of 88

TOWNSHIP OF WALL
RESOLUTION NO. 26-1004
AUTHORIZATION TO APPROVE TOWNSHIP REFUND(S)
WHEREAS, the appropriate Department Head(s) has notified the Chief Financial
Officer that certain refunds are appropriate; and,
WHEREAS, the Chief Financial Officer has reviewed the circumstances surrounding
these refunds and has recommended to the Township Committee that the appropriate
Township officials be authorized to issue said refunds.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township of Wall that the appropriate Township officials be and are hereby authorized to issue
the refunds in accordance with the memorandum from the respective Department Head(s) to
the Chief Financial Officer.

D
NAME
Brandl

Jennifer Weiss

TMGOLDEN LLC

AMOUNT

Brakes & Briskets
Pasquale’s Pizzeria

CLERK’S OFFICE
REASON
Duplicate Submission – Temporary Food
License
Duplicate Payment – certified copies request
Submitted incorrect application – Temporary
Food License
Temporary Food License – Not permitted
Temporary Food License – Not permitted

$200.00
$40.00
$100.00
$200.00
$200.00

Page 7 of 88

TOWNSHIP OF WALL
RESOLUTION NO. 26-1005
AUTHORIZATION TO REQUEST APPROVAL OF ITEMS OF REVENUE AND
APPROPRIATION N.J.S. 40A:4-87 SPECIAL TRAFFIC ENFORCEMENT
PROGRAM GRANT FY 2027
WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local
Government Services may approve the insertion of any special item of revenue in the budget of
any County or Municipality when such item shall have been made available by law and the
amount was not determined at the time of the adoption of the budget; and
WHEREAS, said Director may also approve the insertion of an item of appropriation
for an equal amount; and

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Township
Committee of the Township of Wall, in the County of Monmouth, New Jersey, hereby requests
the Director of the Division of Local Government Services to approve the insertion of an item
of revenue in the budget year 2026 in the sum of $35,000.00, which is now available from the
New Jersey Department of Law and Public Safety – New Jersey Division of Highway Traffic
Safety – STEP Grant FY 2027 in the amount of $35,000.00; and
BE IT FURTHER RESOLVED that the like sum of $35,000.00 is hereby
appropriated under the caption New Jersey Department of Law and Public Safety – New Jersey
Division of Highway Traffic Safety – STEP Grant FY 2027; and

BE IT FURTHER RESOLVED that the above is the result of funds from the New
Jersey Department of Law and Public Safety – New Jersey Division of Highway Traffic Safety
in the amount of $35,000.00.

Page 8 of 88

TOWNSHIP OF WALL
RESOLUTION NO. 26-1006
CANCEL CAPITAL APPROPRIATION BALANCES
WHEREAS, the Township of Wall has certain General Capital appropriation balances
that remain dedicated to projects that have been completed; and,
WHEREAS, it is necessary to formally cancel said balances, so that the amounts may
be credited to capital fund balance to be available for future use;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township of Wall that the following unexpended and dedicated General Capital appropriation
balances be canceled to capital fund balance:

D
Ordinance No.

Project Description

31-2006

New Youth Center Building at the Municipal Complex

Amount
Canceled
$848,090.82

Page 9 of 88

TOWNSHIP OF WALL
RESOLUTION NO. 26-1007
AUTHORIZATION TO EXECUTE A CONTRACT WITH ROUTE 23 AUTOMALL
LLC FOR THE PURCHASE OF ONE (1) 2027 FORD F-550 CHASSIS 4X4 SD
SUPER CAB 192" WB DRW XL THROUGH THE BERGEN COUNTY
COOPERATIVE PRICING PROGRAM AT A PRICE NOT TO EXCEED $82,055.00
WHEREAS, the Township Committee is desirous of purchasing one (1) 2027 Ford F550 Chassis 4x4 SD Super Cab 192" WB DRW XL; and,
WHEREAS, the Township received a proposal from Route 23 Automall LLC through
the Bergen County Cooperative New Jersey Cooperative Purchasing Alliance (NJPCA
Cooperative 24-06, Bergen County Bid 24-06) and the Director of Public Works recommends,
in conjunction with the Township Administrator, that the Township Committee authorize the
purchase of one (1) 2027 Ford F-550 Chassis 4x4 SD Super Cab 192" WB DRW XL in an
amount not to exceed $82,055.00 (eighty-two thousand fifty-five dollars and zero cents); and,
WHEREAS, the Township of Wall entered into the Bergen County Cooperative
Pricing System on May 24, 2017.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township of Wall as follows:
1. The Township Committee concurs with the recommendation of the Director of Public
Works and Township Administrator and hereby authorizes one (1) 2027 Ford F-550
Chassis 4x4 SD Super Cab 192" WB DRW XL from Route 23 Automall LLC through
the New Jersey Cooperative Purchasing Alliance in an amount not to exceed $82,055.00
(eighty-two thousand fifty-five dollars and zero cents).
2. This resolution is subject to the filing of certification from the CFO as to the availability
of funds per N.J.A.C. 5:30-5.3(a).
3. The Mayor, Director of Public Works and any other applicable Township officers or
employees are hereby authorized and directed to take such ministerial actions as are
necessary to effectuate the terms of this resolution.

Keri Pagnoni, RMC
Deputy Clerk

Certifications
Township Clerk
I, Keri Pagnoni, Deputy Clerk of the Township of Wall, do hereby certify that the foregoing
is a true copy of a Resolution adopted by the Township Committee of the Township of Wall
at a Regular Meeting, located at 2700 Allaire Road, Wall, NJ 07719, held on October 13,
2026.

Chief Financial Officer
I, Thomas O’Hara, Chief Financial Officer of the Township of Wall, do hereby certify to the
Township Committee of the Township of Wall that funds are available for the purchase of
one (1) 2027 Ford F-550 Chassis 4x4 SD Super Cab 192" WB DRW XL from Route 23
Automall LLC through the Bergen County Cooperative New Jersey Cooperative Purchasing
Alliance in an amount not to exceed $82,055.00.
Thomas O’Hara, CFO
Chief Financial Officer
Account
6-09-55-512-000-001

Description
Water Sewer Capital Outlay

Amount
$82,055.00

Page 10 of 88

TOWNSHIP OF WALL
RESOLUTION NO. 26-1008
AUTHORIZATION TO APPROVE CERTAIN PERSONNEL ACTIONS

WHEREAS, pursuant to its authority, the Township Committee periodically determines
whether to make adjustments to the salaries and personnel actions of non-union township
employees; and
WHEREAS, the Township Administrator has reviewed the compensation of the nonunion township employees and seeks to ensure that compensation remains competitive and in
appropriate alignment along with certain personnel actions for added responsibilities and duties
being assigned to reduce the need for additional personnel; and
WHEREAS, the Township Administrator has reviewed the 2026 budget and the projected
2027 administrative budget, along with positional duties and responsibilities and has recommended
certain salary adjustments and personnel actions to township employees, as detailed on the attached
Schedule “A”; and
WHEREAS, the Township Administrator has recommended the salary adjustments and
personnel actions of the following township employees and hereby recommends to the Township
Committee that the following salaries and personnel actions be provided effective October 16, 2026;
and
WHEREAS, the Township Administrator further recommends, an evaluation and review
process be established for salary adjustments and personnel actions on an annual basis as part and
contained in the budget development process; and
WHEREAS, the Township Committee recognizes the diligence, dedication, creativity,
commitment to the residents and corporate taxpayers, and ultimately the wealth of institutional
knowledge possessed by our employees in an ever-changing work and workforce environment.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township of Wall that the salary adjustments and above personnel actions be and are hereby
authorized on the effective date included herein.

I, Keri Pagnoni, Deputy Clerk of the Township of
Wall, do hereby certify that the foregoing is a true copy
of a Resolution adopted by the Township Committee
of the Township of Wall at a Regular Meeting, located
at 2700 Allaire Road, Wall, NJ 07719, held on October
13, 2026.
____________________________________
Keri Pagnoni, RMC
Deputy Clerk

Page 11 of 88

ADMINISTRATION – INFORMATION TECHNOLOGY
NAME

POSITION

Robert Coman
NAME
Casie Nickl
Brittany Bilbao

ADJUSTMENT

Director of Information Technology
$25,000.00
BUILDING DEPARTMENT
POSITION
ADJUSTMENT
Senior Technical Assistant to the
$8,500.00
Construction Official/SDL Coordinator
Technical Assistant to the Construction
$5,500.00
Official

Theodore Bianchi
Caitlin Cortes

$4,580.00

Building Department/Clerical
$2,500.00
CLERK’S DEPARTMENT
POSITION
ADJUSTMENT
Township Clerk
$10,000.00
Deputy Township Clerk
$5,000.00
Administrative Assistant
$2,500.00
DEPARTMENT OF COMMUNITY SERVICES
POSITION
ADJUSTMENT
Director of Community Services and
$2,500.00
Youth Center
DEPARTMENT OF PUBLIC WORKS

NAME
Roberta Lang
Keri Pagnoni
Kathleen Kepler

Fire Subcode

NAME

Patricia Mariconda

Tarin Rhoades
NAME

POSITION
ADJUSTMENT
Administrative Assistant/
$6,000.00
Clean Communities
HUMAN RESOURCES
POSITION
ADJUSTMENT

10/16/2026
EFFECTIVE DATE
10/16/2026
10/16/2026
10/16/2026
10/16/2026
EFFECTIVE DATE
10/16/2026
10/16/2026
10/16/2026
EFFECTIVE DATE
10/16/2026

EFFECTIVE DATE
10/16/2026

NAME

EFFECTIVE DATE

Human Resources Director

Susan Meehan

Human Resources Officer
$7,500.00
POLICE DEPARTMENT
POSITION
ADJUSTMENT
Records Manager
$5,000.00
RECREATION DEPARTMENT
POSITION
ADJUSTMENT

NAME
Jennilee Bulkley
NAME

$7,500.00

10/16/2026

EFFECTIVE DATE
10/16/2026

Jennifer Cinelli

EFFECTIVE DATE
10/16/2026

Michael Thompson

Recreation Director

$2,500.00

EFFECTIVE DATE
10/16/2026

Leah Wehner

Recreation Coordinator

$2,500.00

10/16/2026

NAME
Kim O’Gara
Margaret Brennan
Renee Delcore
Resolution No. 26-1008

TAX COLLECTION DEPARTMENT
POSITION
ADJUSTMENT
$2,500.00
Senior Collections Clerk
Tax/Collections Clerk
Tax/Collections Clerk

EFFECTIVE DATE
10/16/2026

$2,500.00

10/16/2026

$1,000.00

10/16/2026

Page 12 of 88

TOWNSHIP OF WALL
RESOLUTION NO. 26-1009
AUTHORIZATION TO CLOSE VARIOUS TOWNSHIP STREET(S) FOR A
BLOCK PARTY
WHEREAS, the appropriate Department Head(s) has notified the Township
Administrator that certain Township Streets are appropriate to be closed; and,
WHEREAS, the aforesaid proposal has been reviewed and approved by the Traffic
Bureau of the Police Department; and,
WHEREAS, the Mayor of the Township of Wall is authorized by Section 215-20 of
the Code of the Township of Wall to order the closing of any street to motor vehicle traffic.
NOW THEREFORE, BE IT RESOLVED, by the Township Committee of the
Township of Wall, do hereby authorize the street closure(s) listed below to all but emergency
vehicles

STREET CLOSURE(S)

REQUESTOR

Jennifer Brady

Camden
Ave/Jefferson Ave
and Camden
Ave/Wildwood Ave
Pennsylvania
Ave/Philadelphia
Ave/Brielle Place

DATE

TIME

RAIN
DATE

RAIN
DATE
TIME

10/23/26

5:00 pm10:30 pm

10/30/26

5:00 pm10:30 pm

10/31/26

5:00 pm –
11:00 pm

11/1/26

2:00 pm8:00 pm

Laura Galos

INTERSECTION

Page 13 of 88

TOWNSHIP OF WALL
RESOLUTION NO. 26-1010
AUTHORIZATION TO UTILIZE THE ENGINEERING SERVICES OF H2M
ASSOCIATES, INC. FOR PREPARATION OF PLANS, SPECIFICATIONS, AND
BIDDING SERVICES FOR ALLENWOOD RESERVOIR AND WATER BOOSTER
PUMP STATION IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED
$138,900.00 AND AUTHORIZATION FOR THE QUALIFIED PURCHASING
AGENT TO ADVERTISE FOR PUBLIC BIDS
WHEREAS, Wall Township appointed H2M Associates, Inc. as consulting engineers
for the 2026 calendar year; and,
WHEREAS, Wall Township desires to utilize the engineering services of H2M
Associates, Inc. for preparation of plans, specifications, estimates, and bidding services for
Allenwood Reservoir and Water Booster Pump Station Improvements; and,

WHEREAS, The Wall Township Engineer, Matthew Zahorsky, has reviewed the
proposal submitted by H2M Associates, Inc. and is of the opinion that the Township should
authorize payment for preparation of plans, specifications, estimates, and bidding services for
Allenwood Reservoir and Water Booster Pump Station Improvements in an amount not to
exceed $138,900.00 (one hundred and thirty-eight thousand nine hundred dollars and zero).

NOW, THEREFORE, BE IT RESOLVED, the Wall Township Mayor is hereby
authorized to execute an agreement, approved by the Township Attorney, with H2M Associates,
Inc. on behalf of Wall Township in an amount not to exceed $138,900.00 (one hundred and
thirty-eight thousand nine hundred dollars and zero cents); and,

BE IT FURTHER RESOLVED, that all Township officials including, but not limited
to the Mayor, the Township Administrator, Township Engineer and the Municipal Clerk, are
hereby authorized and directed to take such ministerial actions as are necessary to effectuate the
provisions of this resolution.
Certifications
Township Clerk
I, Roberta M. Lang, Township Clerk of the Township of Wall, do hereby certify that the
foregoing is a true copy of a Resolution adopted by the Township Committee of the Township
of Wall at a Regular Meeting, located at 2700 Allaire Road, Wall, NJ 07719, held on October
13, 2026.

Roberta M. Lang, RMC
Township Clerk

Chief Financial Officer
I, Thomas O’Hara, Chief Financial Officer of the Township of Wall, do hereby certify to the
Township Committee of the Township of Wall that funds are available for the purchase of
engineering services, as defined herein, related to the Allenwood Reservoir and Water Booster
Pump Station Improvements.
Thomas O’Hara, CFO
Chief Financial Officer
Account
C-08-55-587-002-103
6-09-55-512-000-001

Description
Ordinance #18-2026
Capital Outlay

Amount
$120,000.00
$18,900.00

Page 14 of 88

TOWNSHIP OF WALL
RESOLUTION NO. 26-1011
AUTHORIZATION FOR FACILITY USE PERMIT
WHEREAS, the appropriate Department Head(s) has received a request from an
organization to utilize Township property; and,
WHEREAS, the aforesaid proposal has been reviewed and found to be in compliance
with Township requirements for facility use; and,
WHEREAS, the organization has provided the required insurance certificate.
NOW, THEREFORE, BE IT RESOLVED that the Camp Evans Facility
Coordinator is hereby authorized and directed to take such ministerial actions as are necessary to
effectuate the provisions of this resolution.

REQUESTOR

FACILITY

FACILITY USE
EVENT
PURPOSE

DATE

RAIN DATE

6/12/2027
NJ Paranormal
Group

InfoAge

Fundraiser to
benefit Info Age

09/04/2027

N/A

10/23/2027

Page 15 of 88

TOWNSHIP OF WALL
RESOLUTION NO. 26-1012
AUTHORIZATION TO AMEND THE TERMS OF A PROFESSIONAL LEGAL
SERVICES CONTRACT
WHEREAS, a professional legal services contract for certain special and conflict
counsel legal services was awarded by the Township to Timothy B. Middleton of Middleton
Law (“Special Counsel”) pursuant to and in accordance with the Local Public Contracts Law by
way of Resolution No. 26-0107; and

WHEREAS, the Township has directed and required Special Counsel to perform
significant, additional legal responsibilities and services beginning in or about January 2026 and
continuing through the present and based upon those significant, additional responsibilities and
services and Special Counsel’s performance of same, the Township has elected to adjust the
hourly rate to equalize the Special Counsel’s hourly rate to the hourly rate set for the Township
Attorney for 2026; and
WHEREAS, the revised hourly rate shall be effective October 1, 2026, and continue
through the duration of Special Counsel’s existing 2026 appointment and contract.

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the
Township of Wall that the hourly rate of Special Counsel, Timothy B. Middleton of Middleton
Law, shall be increased from $160.00/hour to $195.00/hour.

Page 16 of 88

TOWNSHIP OF WALL
RESOLUTION NO.26-1013
AUTHORIZATION TO APPROVE CERTAIN PERSONNEL MATTERS
WHEREAS, the Department Head(s) has recommended the appointment of the
following individual(s); and,
WHEREAS, the Township Administrator concurs with the findings of the Department
Head and hereby recommends to the Township Committee that the following appointment(s) be
made:
POLICE DEPARTMENT
POSITION

SALARY

EFFECTIVE DATE

Marcella Cannizzaro

Crossing Guard

$15.92/hour

10/14/2026

Hunter Weiman

Full Time Dispatcher

$69,656.19

10/16/26

NAME

BUILDING DEPARTMENT

NAME

Thomas Scollan
John Quigley

EFFECTIVE DATE
10/16/2026
10/16/2026

POSITION
SALARY
Construction Official/
Floodplain
$135,000.00
Administrator
Assistant Construction
$120,000.00
Official
Part-Time- Electrical
$80.00/hour
Subcode
Part-Time -Building
$80.00/hour
Subcode
PUBLIC WORKS DEPARTMENT

Glen Brown

Robert Mazzarisi

NAME

Richard Hardy

Part-Time Recycling
Center Attendant
Part-Time Recycling
Center Attendant

10/05/2026

SALARY

EFFECTIVE DATE

$17.00/hour

11/2/2026

$17.00/hour

11/2/2026

Harlon Daryl Bauter

POSITION

10/05/2026

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township of Wall that the personnel actions be and are hereby authorized on the effective date
included herein.

Page 17 of 88

TOWNSHIP OF WALL
RESOLUTION NO. 26-1014
AUTHORIZATION TO ENTER INTO REDEVELOPMENT AGREEMENT
WITH K. HOVNANIAN AT PEDDLER’S VILLAGE, LLC AND APPROVING
REDEVELOPER DESIGNATION UPON EXECUTION
WHEREAS, the Township of Wall (“Township”) is a municipal corporation of the State
of New Jersey; and

WHEREAS, pursuant to the Local Redevelopment and Housing Law, N.J.S.A.
40A:12A-1 et seq. (the “Redevelopment Law”), by Ordinance No. 12-2026, introduced on April
28, 2026 and adopted on May 26, 2026, the Township Committee adopted a redevelopment plan
for certain property designated as Block 810, Lots 1, 3, and 4 on the Official Tax Map of the
Township (the “Redevelopment Area”), entitled “Peddler’s Village Redevelopment Plan, Block
810, Lots 1, 3, and 4,” dated April 22, 2026, prepared by Scott Taylor, PP, AICP, LLA, LEED
AP of Taylor Design Group (the “Redevelopment Plan”); and

WHEREAS, the Redevelopment Plan identified K. Hovnanian at Peddler’s Village, LLC
(the “Redeveloper”) as the redeveloper candidate for the Redevelopment Area; and

WHEREAS, pursuant to Resolution 26-0423, adopted on April 28, 2026, the Township
designated the Redeveloper as the conditional redeveloper of the Redevelopment Area; and
WHEREAS, the Redevelopment Plan contemplates a residential for-sale community
consisting of 172 market-rate townhomes and 45 affordable townhomes (the “Project”); and
WHEREAS, pursuant to a Housing Element and Fair Share Plan dated August 2025 and
adopted by the Wall Township Planning Board and endorsed by the Township Committee on
August 25, 2025, the Township includes the Project as providing 45 affordable for-sale housing
units toward the Township’s affordable housing obligations; and

WHEREAS, the Redeveloper intends, consistent with the Redevelopment Plan, to file
an application with the Planning Board requesting preliminary and final site plan approval to
construct the Project; and

WHEREAS, the Township recognizes the credentials, experience, and financial
capabilities of the Redeveloper to construct the Project; and

WHEREAS, the Township and the Redeveloper desire to enter into a Redevelopment
Agreement, substantially in the form attached hereto as Exhibit A, pursuant to which the
Redeveloper will redevelop the Redevelopment Area by constructing the Project thereon in
accordance with the Redevelopment Plan; and

WHEREAS, the Township desires to designate the Redeveloper as the redeveloper of
the Redevelopment Area upon execution of the Redevelopment Agreement.

Page 18 of 88

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township of Wall, in the County of Monmouth, State of New Jersey, as follows:

1. The foregoing recitals are hereby incorporated as if set forth at length.
2. The Township Committee hereby approves entry into a Redevelopment Agreement
with K. Hovnanian at Peddler’s Village, LLC, upon the terms substantially set forth in
Exhibit A attached hereto, subject to final negotiations and the review and final approval
of the Township’s Special Counsel as to legal form.
3. The Mayor is hereby authorized and directed to execute said Redevelopment Agreement
on behalf of the Township.
4. Upon execution of the Redevelopment Agreement, the Redeveloper shall be designated
as the redeveloper of the Redevelopment Area.
5. The Township Administrator and the Township’s Legal Counsel, including the Township
Attorney and Special Counsel providing representation to the Township in this matter,
are hereby authorized and directed to take all steps reasonably necessary to effectuate the
foregoing.
6. This Resolution shall take effect immediately upon adoption.

ft
Resolution No. 26-1014

Page 19 of 88

REDEVELOPMENT AGREEMENT
THIS REDEVELOPMENT AGREEMENT (the "Agreement") is entered this ___ day of _________,
2026 by and between the TOWNSHIP OF WALL, a municipal corporation of the State of New Jersey, with a
business address located at 2700 Allaire Road, Wall, New Jersey (the “Township”), K. HOVNANIAN AT
PEDDLER'S VILLAGE, LLC, with an oﬃce address of 110 Fieldcrest Avenue, Edison, New Jersey 08873
("Redeveloper" or “K. Hovnanian”) (hereinafter each a "Party" and collectively referred to as the "Parties").
RECITALS

WHEREAS, pursuant to the Local Redevelopment and Housing Law (“LRHL”), N.J.S.A. 40A:12A-1 et

seq., and speciﬁcally N.J.S.A. 40A:12A-8(f), the Township Committee is authorized to arrange or contract
for the planning, construction, or undertaking of any development project or redevelopment work in an
area in need of redevelopment; and

WHEREAS, pursuant to the LRHL, the Township Committee also is authorized to designate an entity

or entities as the designated redeveloper for a property; and

WHEREAS, by Ordinance No. 12-2026 adopted on April 28, 2026, the Township Committee
adopted a redevelopment plan for certain property designated as Block 810, Lots 1, 3 and 4 on the Oﬃcial
Tax Map of the Township (collectively, the “Redevelopment Area”) entitled “Peddlers Village

Redevelopment Plan, Block 810, Lots 1, 3 and 4,” dated April 22, 2026, prepared by Scott D. Taylor, PP,
AICP, LLA, LEED-AP of Taylor Design Group (“Redevelopment Plan”); and

WHEREAS, the Redevelopment Plan identiﬁes K. Hovnanian as Redeveloper Candidate of the
Redevelopment Area; and

WHEREAS, the Redevelopment Plan contemplates a residential for-sale community consisting of
172 market rate townhomes and 45 aﬀordable townhomes (“Townhouse Project” or “Project”); and

Page 20 of 88

WHEREAS, pursuant to a Housing Element Fair Share Plan dated August 2025 and adopted on
August 25, 2025, the Township includes the Project as providing 45 aﬀordable for-sale housing units
toward the Township’s aﬀordable housing obligations; and
WHEREAS, K. Hovnanian intends to, consistent with the Redevelopment Plan, ﬁle an application
with the Planning Board requesting preliminary and ﬁnal site plan approval to construct the Townhouse
Project; and
WHEREAS, the Township recognizes the credentials, experience, and ﬁnancial capabilities of the

Redeveloper to construct the Project and the credentials, experience, and ﬁnancial capabilities of K.
Hovnanian to design and construct the Townhouse Project.
NOW, THEREFORE, for and in consideration of the mutual promises, covenants and agreements

contained herein, and other good and valuable consideration, the receipt and suﬃciency of which are
hereby acknowledged by each of the Parties, the Parties hereby agree as follows:

ARTICLE 1

DEFINITIONS

1.1

Deﬁned Terms.

The Parties hereto agree that, unless the context otherwise speciﬁes or requires, the capitalized

terms used herein shall have the respective meanings speciﬁed below or in the recitals, and such
deﬁnitions shall be applicable equally to the singular and plural forms of such terms.

"Applicable Law" means any and all federal, state, county and local laws, rules, regulations, statutes,
ordinances, permits, resolutions, judgments, orders, decrees, directives, interpretations, standards,
licenses, Approvals, and similarly binding authority, applicable to the Project, or the performance by the

Parties of their respective obligations or the exercise by the Parties of their respective rights in connection
with this Agreement.

Page 21 of 88

"Approval Period" shall mean the time period(s) aﬀorded under this Agreement to obtain all Governmental
Approvals.
"Certiﬁcate of Completion" means a written certiﬁcate issued by the Township in accordance with Section
4.3 of this Agreement, which shall acknowledge that Redeveloper has performed all of its duties and
obligations pursuant to this Agreement and whose issuance shall have the meaning and eﬀect set forth in
Section 4.3.
"Certiﬁcate of Occupancy" carries the same deﬁnition as set forth in the Uniform Construction Code at

N.J.A.C. 5:23-1.4, and as may be issued by the Township relative to the Project or a building or residential
unit, as applicable, indicating that the Project, building or unit (as the case may be) has been completed
in accordance with the construction permit relating thereto in accordance with the requirements of the
Uniform Construction Code.

"Completion", "Complete" or "Completed" means: (i) that all work related to the Project or a building or

residential unit (as the case may be) has been substantially completed in accordance with the terms of
this Agreement, the Redevelopment Plan, all Government Approvals applicable thereto and all Applicable
Laws so that the developed Project, building or unit may be used and operated under the applicable
provisions of this Agreement, and (ii) that all permits, licenses and Approvals required for the Project are

in full force and eﬀect.

“Eﬀective Date" means the last date upon which this Agreement has been executed by the Redeveloper
or the Township, as the case may be.

“Certiﬁcate of Completion” means the Certiﬁcate of Completion issued by the Township upon the

completion of all development and/or construction, and satisfaction of all obligations set forth hereunder,
with respect to the Project in accordance with Section 4.3 of this Agreement.

“Financial Subdivision” means a subdivision of the Property made for purposes of ﬁnancing any part or
portion of the Project.
3

Page 22 of 88

"Governmental Approvals" or "Approvals" means any approvals, authorizations, permits, licenses or
certiﬁcates required and issued or granted by any governmental authorities having jurisdiction, whether
federal, state, county or local, to the extent reasonably necessary for construction of the Project or to
implement the Project in accordance with the Redevelopment Plan, Applicable Laws and this Agreement.
"Impositions" means all taxes, payments in lieu of taxes, assessments (including, without limitation, all
assessments for public improvements or beneﬁts), water, sewer or other rents, rates and charges,
connection fees, license fees, permit fees, inspection fees and other authorization fees and charges, in

each case, whether general or special, which are levied upon any portion of the Property or on any of the
Improvements constructed thereon, if duly negotiated in this Agreement and properly imposed by
Township ordinance or State law.

"Redeveloper" means K. Hovnanian at Peddler’s Village, LLC, a New Jersey Limited Liability Company, or
any assignee, transferee or successor in interest as authorized pursuant to the terms of this Agreement as

may be formed.

"MLUL" means the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

"Performance or Maintenance Guarantees" means the performance and/or maintenance guarantees
required by the Planning Board for the Project, in strict accordance with the terms of the MLUL.

“Permitted Design Changes” means any change or changes to an approved design and/or site plan for the
Project which ordinarily would be treated as a ﬁeld change and approved administratively without the
need to obtain amended approval from the Planning Board, including but not limited to de minimis

changes and/or minor adjustments to the location of approved structures, open space areas, recreation

areas and/or recreational amenities, parking areas, drive aisles and/or access driveways and building
elevations, so long as any Permitted Design Change does not substantially alter the approved site plan,

does not create the need for variance relief not otherwise granted by the Planning Board and/or design
and provided that any design changes shall be primarily ornamental in nature, including, without
4

Page 23 of 88

limitation, changes in types of windows, window banding, fascia, brackets, frieze, board design and the
like.
"Planning Board" refers to the Wall Township Planning Board.
“Project Improvements” means the vertical construction of buildings and structures upon the Property
other than and/or in addition to Site Improvements.
"Project Schedule" means the respective schedules to be established in accordance with the terms set
forth herein which designate the order of and timeframes for the permitting and construction of the Site

Improvements and Project Improvements within the Project.
"Property" shall mean collectively Block 810, Lots 1, 3 and 4 on the Oﬃcial Tax Maps of the Township of
Wall.

"Qualiﬁed Entity” means a partnership, corporation, limited liability company or other legal entity which
satisﬁes the requirements of Section 2.4(b) of this Agreement.

“Redevelopment Entity” means the Township Committee of the Township of Wall as designated on page
43 of the Redevelopment Plan.

"Redevelopment Plan" means the Peddlers Village Redevelopment Plan dated April 22, 2026, adopted on
May 26, 2026.

"Site Improvements" means all infrastructure and/or facilities and amenities, including but not limited to

telecommunications equipment, surface parking or a structured parking facility, roads, ﬁll, utilities,
stormwater management facilities and/or features, catch basins, curbs, site lighting, traﬃc striping, ﬁre

hydrants, retaining walls, sidewalks, walkways, landscaping, open space treatments and all other similar
infrastructure improvements constructed on or installed on, under, upon and/or within, or to be

constructed on or installed on, under, upon and/or within, any of the property comprising the Project area.
"Site Plan" means a minor site plan and/or preliminary and ﬁnal major site plan approved by the Planning
Board for the Project in accordance with this Agreement.
5

Page 24 of 88

“Subdivision” means a minor subdivision or preliminary and ﬁnal major subdivision approved by the
Planning Board for the Project in accordance with this Agreement.
"Termination Date" shall have the meaning set forth in Section 15.1.
ARTICLE 2
DESCRIPTION OF THE PROJECT
2.1

Purpose; Designation as Redeveloper. The purpose of this Agreement is to set forth the respective

rights, obligations, conditions and agreements of the Township and Redeveloper in connection with the

development of the Property by the Redeveloper pursuant to the Redevelopment Plan. The Township
hereby aﬃrms and agrees that K. Hovnanian is designated and appointed as the exclusive Redeveloper of
the Property. In connection with such designation and appointment, the Redeveloper has the exclusive
right, but not the obligation, to perform and to have others perform any and all redevelopment activities
on and about the Property as permitted in the Redevelopment Plan. Each of the Parties agrees that all

redevelopment on and about the Property will only be authorized and may only be undertaken by
Redeveloper under the framework and in accordance with the terms of this Agreement and the
Redevelopment Plan. Further, the Township agrees that, absent a Default by Redeveloper resulting in a
termination of this Agreement pursuant to the terms set forth herein, it will not negotiate or entertain for

2.2

The Project.

the provision of another Redeveloper for the Property or any portion thereof.

The Project shall be sited on the Property consistent with the provisions of the

Redevelopment Plan and, further, shall be constructed in accordance with all requirements of the
Redevelopment Plan, and as deﬁned in the following corresponding terms:
A.

Townhouse Project – The Townhouse Project shall be constructed in strict accordance with the

standards and requirements set forth in the Peddler’s Village Redevelopment Plan, adopted on May 26,
2026. The terms of the Peddler’s Village Redevelopment Plan are fully incorporated by reference.

Page 25 of 88

Redeveloper shall be obligated to develop 45 aﬀordable for-sale units in the Townhouse Project

as contemplated by and provided for in the Peddler’s Redevelopment Plan. All of the aﬀordable units in
the project shall fully comply with applicable Council on Aﬀordable Housing (“COAH”) regulations and the
Uniform Housing Aﬀordability Controls, N.J.A.C. 5:80-26.1, et seq. (“UHAC”), as recently amended,
including but not limited to the required bedroom and income mix, length of aﬀordability controls, phasing
of aﬀordable units, and other relevant aﬀordable housing regulations. Consistent with same, Redeveloper
shall comply with the following requirements:
Aﬀordable Housing Set-Aside: The Townhouse Project will deliver an on-site

aﬀordable housing set-aside which shall be no less than the ﬁxed number of 45 aﬀordable for-sale units.
2.

Deed Restriction Period: Redeveloper shall have an obligation to deed-restrict the

aﬀordable units in accordance with UHAC, the Township’s Housing Element and Fair Share Plan, the
Township’s Aﬀordable Housing Ordinance, any applicable order of the Court, and all other Applicable Laws.

Redeveloper shall have the obligation to deed restrict the aﬀordable units as very-low, low- and moderateincome units for a period of at least thirty (30) years (the “Deed Restriction Period”) so that the Township
may count the aﬀordable units against its obligation to provide for-sale aﬀordable housing. In accordance
with N.J.A.C. 5:80-26.5(a), each restricted aﬀordable unit shall remain subject to the requirements of the

Deed Restriction Period until the Township elects to either extend or release the unit from such
requirements. If the Township elects to release the aﬀordable unit, it will be released via the Township’s
adoption of an ordinance or via quitclaim deed, or both, at the Township’s election.
3.

Deed Restriction: Redeveloper shall execute and record a deed restriction in a

form not inconsistent with the prevailing UHAC regulations and approved by the Township before the ﬁrst

Certiﬁcate of Occupancy is issued for any building containing an aﬀordable unit. The deed restriction will
be recorded in the Monmouth County Clerk’s Oﬃce

Page 26 of 88

Income Distribution Requirements: The aﬀordable units shall be split between

very-low income, low-income and moderate-income units. Pursuant to N.J.S.A. 52:27D-329.1, no less than
thirteen percent (13%) of the aﬀordable housing units of each bedroom type shall be reserved as very lowincome housing units, as such term is deﬁned in N.J.S.A. 52:27D-304 and the UHAC. No less than thirtyseven percent (37%) of the aﬀordable units of each bedroom type shall be available as low-income housing
units and no less than ﬁfty percent (50%) of the aﬀordable units of each bedroom type shall be available
as moderate-income housing units, as such terms are deﬁned in N.J.S.A. 52:27D-304 and by UHAC.
Other Aﬀordable Housing Unit Requirements: Redeveloper will also comply with

all of the other requirements of UHAC and the Township’s Aﬀordable Housing Ordinance, including, but
not limited to: (1) aﬃrmative marketing requirements, (2) candidate qualiﬁcation and screening
requirements, (3) by constructing aﬀordable homes in separate buildings which are integrated amongst
the market rate buildings to the greatest extent physically and ﬁnancially feasible, as shown on the

Concept Plan included in the Redevelopment Plan, and (4) phasing requirements in accordance with COAH
Prior Round Phasing Regulation N.J.A.C. 5:93-5.6(d) as set forth below.
7.

Administrative Agent: Redeveloper shall contract with a qualiﬁed and

experienced third-party administrative agent, which may be the Township’s Administrative Agent, for the

administration of the aﬀordable units and shall have the obligation to pay all costs associated with properly

deed restricting the aﬀordable units in accordance with this Agreement for the Deed-Restriction Period.
Redeveloper shall work with the Township and the Township’s Administrative Agent, should the

Redeveloper’s administrative agent not be the same as the Township’s Administrative Agent, regarding
any aﬀordable housing monitoring requirements imposed by the Court. In that event, Redeveloper shall

provide, within thirty (30) days after written notice, detailed information reasonably requested by the
Township or the Township’s Administrative Agent concerning Redeveloper’s compliance with UHAC, the

Page 27 of 88

Township’s Aﬀordable Housing Ordinance, the Township’s Amended Aﬀordable Housing Plan, all
applicable Court orders, and other Applicable Laws.
8.

Inclusion of Aﬀordable Units In The Township’s Housing Element and Fair Share

Plan: The Parties agree that all of the aﬀordable units in the Townhouse Project have already been
included in the Township’s August 2025 Housing Element and Fair Share Plan, and that the Township has
included it in past submissions and will make provision for it to be included in the Township’s ﬁnal Fourth
Round Plan that is pending approval by the Superior Court of New Jersey.
Phasing: The Townhouse Project shall be completed in phases in accordance with

COAH Prior Round Phasing Regulation (N.J.A.C. 5:93-5.6(d)) as follows:
Min. % of Aﬀordable Units
0
10
50
75
100

Maximum % of Completed Market Units
25
25 + 1 unit
50
75
90

ra
10.

Integration: Townhouse buildings with aﬀordable units shall be constructed in

separate buildings which will be integrated amongst the market rate buildings to the greatest extent
physically and ﬁnancially feasible, as shown on the Concept Plan included in the Redevelopment Plan.
C.

Building Demolition

The Redeveloper shall be obligated to demolish all existing building structures on the Property
pursuant to the following schedule:
1.

Within sixty (60) days following its receipt of (a) ﬁnal, non-appealable Township

Planning Board site plan and subdivision approval and (b) Township endorsements of the Redeveloper’s
New Jersey Department of Environmental Protection (“NJDEP”) water and sewer permit applications, the
Redeveloper shall complete all asbestos abatement activities at the Property.

Page 28 of 88

Within thirty (30) days following its completion of all asbestos abatement

activities at the Property, the Redeveloper shall ﬁle a demolition permit application with the Township.
3.

Within sixty (60) days following its receipt of a demolition permit from the

Township, the Redeveloper shall complete demolition of all existing building structures.
The Redeveloper may request reasonable extensions of the schedule referenced above by
providing at least ten (10) days’ notice to the Township, and the Township shall not
unreasonably withhold its consent to any such request.D.

Oﬀ-Site Improvements.

The Redeveloper shall be obligated to perform the following oﬀ-site improvements, which the

Parties agree have a causal connection to the Redevelopment Area pursuant to Blackridge Realty, Inc. v.
City of Long Branch, 481 N.J. Super. 183 (App. Div. 2025):
1.

Orchard Park Improvements

At its sole cost and expense, Redeveloper shall construct bathrooms and

a pavilion pursuant to the plans attached hereto as Exhibit A.
b.

At its sole cost and expense, Redeveloper shall install a security camera

system to be selected by the Township engineer, not to exceed a total cost of $25,000 for equipment and
installation, along the adjoining bike path from the westerly property line to the easterly property line of

Orchard Park, and at the entrance(s) and exit(s) to Orchard Park. The maintenance of the security camera
system shall be the responsibility of the Township and/or County of Monmouth.
2.

Atlantic Avenue Improvements
a.

The parties hereto acknowledge that Atlantic Avenue is a County road and

that Monmouth County only has jurisdiction over traﬃc signals located on designated County routes. In
the event that Monmouth County Planning Board determines that a traﬃc signal on Atlantic Avenue at
the entrance of the Property is warranted, Redeveloper shall acquire or cause to be acquired a dual-feed
ALPR to Wall/MC911 to be installed on the signal at Redeveloper’s sole cost and expense.
10

Page 29 of 88

Subject to approval by Monmouth County, Redeveloper, at its sole cost

and expense, shall construct improvements as more particularly shown on the plan attached hereto as
Exhibit B (“Atlantic Ave. Improvements”).
c.

The Redeveloper shall use commercially reasonable and good-faith

eﬀorts to acquire, by voluntary purchase or other agreement, portions of Block 810 Lot 5 and Block 807
Lots 6 and 11, as more particularly shown on Exhibit C hereto (collectively, “Oﬀ-Site Property”), or such
other property as may subsequently be reasonably determined by Redeveloper and/or the County to be
necessary for the construction of the Atlantic Ave. Improvements. If, notwithstanding its good-faith
eﬀorts, Redeveloper is unable to acquire all of the Oﬀ-Site Property through voluntary negotiation within

sixty (60) days following the date on which Redeveloper ﬁrst makes a bona ﬁde written oﬀer to each OﬀSite Property owner, and the County has elected to not exercise its power of eminent domain, if any,
Redeveloper may provide the Township with written notice . Such notice shall include reasonable
documentation of Redeveloper's eﬀorts to acquire the property voluntarily, including copies of written
oﬀers and material correspondence with the property owner, and the County’s election to not exercise its
power of eminent domain, if any. Upon receipt of the aforesaid notice, if the Township is unable to secure

the cooperation of the owner(s) of the Oﬀ-Site Property, and the County does not elect to exercise
jurisdiction, the Township shall exercise its condemnation powers to secure any required real property
interest including but not limited to a temporary construction easement on the Oﬀ-Site Property in order
for Redeveloper to construct the Atlantic Ave. Improvements. The Redeveloper shall pay all of the costs
the Township incurs in securing the required real property interest. Redeveloper shall not be deemed in
default under this Agreement to the extent that the Township’s failure as aforesaid prevents or materially

delays Redeveloper from performing the obligations under this Agreement that depend upon such
acquisition.
3.

Oﬀ-Site Drainage Improvements
a.

Subject to the approval of the NJDEP and the written consents of the

owners of Block 811.11, Lot 12 (“Lot 12”) and Block 810, Lot 33 (“Bike Trail Lot”), Redeveloper shall modify
the outlet of the existing detention basin on Lot 12 and upsize existing drainage pipe that conveys
stormwater runoﬀ from that basin downstream under the Bike Trail Lot to the Property in order to improve

Page 30 of 88

the ﬂow of stormwater runoﬀ in the area, all as more particularly shown on the Drainage Plan attached
hereto as Exhibit D.
b.

Subject to the approval of NJDEP and the written consents of the owners

of Block 807, Lots 8 and 9, Redeveloper shall upsize existing drainage pipe and perform maintenance of
the outfall of Judas Creek, all as more particularly shown on the Drainage Plan, in order to improve the
ﬂow of stormwater runoﬀ in the area.
c.

All improvements will be constructed by the Redeveloper in accordance

with plans reviewed and approved by the NJDEP and Township Engineer.
d.

The parties hereto acknowledge that the owner written consents are

necessary prior to Redeveloper’s design of stormwater management for the Project. The Township shall
cooperate with the Redeveloper in obtaining the owner written consents are soon as reasonably practical.
6.

Except as otherwise set forth in this Section, Redeveloper shall complete the

improvements required by this Section prior to any application seeking greater than ﬁfty (50%) percent of
the certiﬁcates of occupancy authorized under the Project’s term. In the event the Redeveloper does not
complete these improvements by that timeframe, Redeveloper shall not be permitted to obtain
certiﬁcates of occupancy and the Township shall be permitted to deny issuance of certiﬁcates of occupancy

beyond the ﬁfty (50%) percent threshold until the improvements are completed. In the event there is an
Uncontrollable Circumstance relating to one or more of the improvements, the Redeveloper may request
and the Township may allow the Redeveloper to post a security or take other measures to secure the

completion of the improvement, upon which that improvement shall be deemed satisﬁed for purposes of
this subsection.

2.3

Conﬂicts.

Page 31 of 88

In the event of any inconsistency or conﬂict between the terms and provisions of this Agreement

and the Redevelopment Plan, the terms and provisions of the Redevelopment Plan shall control.
Notwithstanding the foregoing, the Parties acknowledge that, with the exception of the conceptual
building elevations, the graphical exhibits depicting the proposed development incorporated in the
Redevelopment Plan were preliminary and conceptual in nature based upon only preliminary design
eﬀorts and that changes to same arising from actual hard engineering of site plans may be acceptable
based on a consistency review.
Qualiﬁed Entities.

The Project will, at Redeveloper’s option, be developed, in whole or in part, by: (i) the Redeveloper,

2.4

(ii) any partnership, corporation, limited liability company or other legal entity in which Redeveloper, its
principals and/or any aﬃliate of Redeveloper possesses a controlling interest; or (iii) a “Qualiﬁed Entity”
as determined by the Township pursuant to this section, including without limitation K Hovnanian.
A “Qualiﬁed Entity” is a partnership, corporation, limited liability company or other legal entity

which has demonstrated to the reasonable satisfaction of the Township that:
i.

It has the ﬁnancial capacity to undertake the development, construction and operation of

the Project, including, without limitation, the capacity to obtain ﬁnancing, to provide appropriate security

the Project;
ii.

(such as performance bonds) and to otherwise satisfy its obligations with respect to the development of

It is able to comply with and conform to all of the provisions of this Agreement as they

relate to the development of the Project in conformance with the Redevelopment Plan, and expressly
assumes all such obligations;
iii.

No petition under federal bankruptcy laws or any state insolvency law has been ﬁled by

or against, nor has a receiver, ﬁscal agent or similar oﬃcer been appointed by a court for the business or
property of, such entity, or any partnership in which such entity was or is a general partner, or any entity
13

Page 32 of 88

in which such entity was or is an oﬃcer or principal manager and the holder, directly or indirectly of an
ownership interest in excess of 10% (and, in the case of an involuntary proceeding, such proceeding has
not been terminated within 60 days of its commencement) within the 10 full calendar years preceding the
date of submission of such entity’s application for consideration as a Qualiﬁed Entity;
iv.

Such entity and its principals, directors, oﬃcers, partners, shareholders, and members,

individually, have not been convicted in a criminal proceeding, and none of them is a named subject in a
pending criminal proceeding, (excluding traﬃc violations or other similar minor oﬀenses), and, to the best

of the knowledge and belief of the principals, directors, oﬃcers, partners, shareholders, and members of
such entity, is not a target of or a potential witness in a criminal investigation;
v.

Such entity and its principals, directors, oﬃcers, partners, shareholders and members,

individually, have not been, directly or beneﬁcially, a party to or beneﬁciary of any contract or agreement
with the Township or Redeveloper which has been terminated due to a default by such individual,

partnership or entity or which is currently the subject of a dispute in which the Township or Redeveloper
alleges such default, nor is such individual, partnership or entity an adverse party in any currently pending
litigation involving the Township or Redeveloper;
vi.

Such entity and its principals, directors, oﬃcers, partners, shareholders, and members,

individually, have not been found in any civil or criminal action in or by a court or agency of competent

jurisdiction to have violated any Federal or State law or regulation relating to the sale of securities or
commodities or been enjoined from engaging in any trade or business for any reason other than the
violation of a contractual non-competition provision;
vii.

Such entity and its principals, directors, oﬃcers, partners, shareholders, and members,

individually, have not violated any Township, State, or Federal ethics law and that entering into the
proposed transaction with Redeveloper and/or the Township will not cause any such violation or result in
a conﬂict of interest; and
14

Page 33 of 88

viii.

Such entity and its principals, directors, oﬃcers, partners, shareholders, and members,

individually, shall comply with any other conditions that the Township may ﬁnd reasonably necessary in
order to achieve and safeguard the purposes and objectives of the Redevelopment Plan.
C.

Qualiﬁed Entity Approval Process. The Redeveloper shall provide written notice to the Township

of any entity which Redeveloper desires to be approved by the Township as a Qualiﬁed Entity. Within 30
days after the date of such notice from Redeveloper, the Township shall provide written notice to
Redeveloper either: 1) requesting additional information concerning the proposed entity, 2) approving

such entity as a Qualiﬁed Entity, or 3) refusing to approve of such entity as a Qualiﬁed Entity, setting forth
the basis for such denial with speciﬁc reference to the conditions set forth in Section B(i) through (viii)
above. Approval by the Township of an entity as a Qualiﬁed Entity shall authorize such entity to hold a
beneﬁcial interest in the Redeveloper. In the event of a denial by the Township of an entity as a Qualiﬁed
Entity as provided above, or in the event the Township requests additional information, Redeveloper may

resubmit its request to the Township that the subject entity be approved as a Qualiﬁed Entity, and
Redeveloper shall in such resubmitted request set forth such additional information and/or reasons that
demonstrate why Redeveloper believes the subject entity qualiﬁes as a Qualiﬁed Entity. Within 30 days
after receipt of such further request from Redeveloper, the Township shall provide written notice to

Redeveloper stating whether the Township approves of such entity as a Qualiﬁed Entity and, if the

Township does not approve of such entity as a Qualiﬁed Entity, such denial must be based on speciﬁc
conditions set forth in Section B(i) through (viii) above, as speciﬁcally identiﬁed by the Township. The
Township’s approval of a Qualiﬁed Entity shall not be unreasonably withheld.
D.

The following transfers with respect to a Qualiﬁed Entity shall be permitted and shall not aﬀect

the status of the Qualiﬁed Entity:

Page 34 of 88

the transfer of an interest in the Qualiﬁed Entity, as long as (i) the current owner of the

Qualiﬁed Entity maintains an economic interest in such entity and is engaged as manager of the Project or
is otherwise responsible for the day to day aﬀairs of such entity; or
ii.

the consummation of a land bank transaction by Redeveloper whereby Redeveloper

conveys title to lands within the Project to a ﬁnancial institution or third-party real estate investment
company (either, a “Land Banker”), subject to (x) the Township’s prior written consent, which consent shall
not be unreasonably withheld, delayed or conditioned, provided said Land Banker has demonstrated to

the reasonable satisfaction of the Township all of the same conditions set forth in Section 2.4.B. above for
a Qualiﬁed Entity, and (y) execution of option agreement by said Land Banker and Redeveloper, pursuant
to which Redeveloper agrees to repurchase title to the lands and Redeveloper retains responsibility for
the construction of the Project.
E.

Redeveloper as Qualiﬁed Entity. Redeveloper has presented evidence of its credentials supporting

that it meets the requirements for a Qualiﬁed Entity. Redeveloper further represents and warrants that it
meets the requirements of a Qualiﬁed Entity as set forth in Section 2.4(B) above.
ARTICLE 3

PROCEDURES GOVERNING REVIEW AND APPROVAL
OF APPLICATION FOR REDEVELOPMENT PROJECT

3.1

Procedures and Applications for Subdivision and Site Plan Approval.

In order to facilitate the development and implementation of a mutually acceptable design, site

plan and technical approach for the Project, the Parties have established the procedures set forth in this
Article for the following review and approval process. All development contemplated herein and the
Redevelopment Plan shall proceed in accordance with the LRHL and the MLUL before the Planning Board
after review of an application by the Township’s designated Redevelopment Entity, utilizing the process
described in more detail in this Article. Nothing herein is intended to restrict the exercise of the Planning
Board's governmental authority with respect to applications for subdivision and/or site plan approval
16

Page 35 of 88

under duly adopted rules and regulations or to in any way alter the procedures established for challenging
the exercise of such authority pursuant to the MLUL.
B.

The Redeveloper may cause an application for site plan approval and/or subdivision approval to

be made to the Planning Board as may be necessary to allow for the development of the Project. The
Redeveloper shall then take all appropriate steps using commercially reasonable eﬀorts to obtain site plan
approval and/or further subdivision approval, including any other required Governmental Approvals
necessary to eﬀectuate and perfect same as to the Project.
For purposes of this Agreement, a Financial Subdivision shall not be deemed a violation of or

inconsistent with the terms and conditions of this Agreement and the area, yard and bulk provisions of
the Redevelopment Plan shall not apply to an any application found to qualify as a Financial Subdivision
hereunder.
3.2

Redevelopment Entity Review of Subdivision and/or Site Plan Applications Prior to Hearing by the

Planning Board.

Upon the ﬁling of any application with the Planning Board as contemplated herein, the

Redeveloper shall simultaneously submit to the Redevelopment Entity a copy of any subdivision and/or
site plans and supporting architectural plans that were submitted to the Planning Board, for the sole

purpose of reviewing same for consistency with the Redevelopment Plan and this Agreement. All such

plans shall be prepared by a New Jersey licensed architect, surveyor, engineer and/or other licensed
professionals, as necessary, at the sole cost and expense of the Redeveloper.
B.

The Township Redevelopment Entity will review each subdivision and/or site plan for consistency

with the Redevelopment Plan and this Agreement, including as applicable the proposed lots to be created
and/or building orientation, architectural style and building materials to be used for the improvements,
facilities and parking.

Page 36 of 88

If the Township Redevelopment Entity ﬁnds the proposed plans to be inconsistent with the

Redevelopment Plan or this Agreement, the Redeveloper shall revise the plans accordingly and resubmit
the revised plans to the Redevelopment Entity for further consistency review prior to any hearing before
the Planning Board. The Planning Board shall not schedule nor hear an application until such time as the
Redevelopment Entity determines the plans associated with that application are consistent with the
Redevelopment Plan and this Agreement. Notwithstanding same, the Planning Board can deem an
application administratively complete without a written consistency determination from the

Redevelopment Entity, provided that the Redeveloper agrees to provide written consent to extend the
time within which the Planning Board must thereafter act in the event of an unexpected delay in the
receipt of a written consistency determination from the Redevelopment Entity.
D.

Upon receipt of a copy of plans and/or revised plans, as the case may be, from Redeveloper, the

Redevelopment Entity shall have forty-ﬁve (45) days to review said plans and/or revised plans and to serve

the Redeveloper, in writing, either a notice of consistency determination (“Consistency Determination”)
or a notice of any changes or modiﬁcations deemed to be necessary for the plans to be consistent with
the Redevelopment Plan and this Agreement, and the reasons for the same (“Inconsistency
Determination”). In the event that the Redevelopment Entity fails to serve a Consistency Determination

or Inconsistency Determination on the Redeveloper within forty-ﬁve (45) days of its receipt of said plans

or any revised plans then the Redevelopment Entity shall be deemed to have accepted the plans as being
consistent with the Redevelopment Plan and this Agreement.
E.

The Redeveloper agrees that no application ﬁled with the Planning Board shall be scheduled for a

hearing before the Planning Board until the Redeveloper has either received a Consistency Determination

from the Redevelopment Entity or the 30-day time period provided in Section 3.2(D) above has expired
without issuance of either a Consistency Determination or Inconsistency Determination by the
Redevelopment Entity.
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Page 37 of 88

3.3

Approval Periods and Project Schedules.

The Redeveloper shall cause an application to be ﬁled with the Planning Board for the

development of the Townhouse Project within ninety (90) days following full execution of this Agreement
and thereafter shall make commercially reasonable eﬀorts to obtain all required Governmental Approvals,
including but not limited to Planning Board approval, within twenty-four (24) months following its receipt
of a Consistency Determination from the Redevelopment Entity (“Townhouse Project Approval Period”).
Upon notice served on the Township, Redeveloper may unilaterally extend the Townhouse Project

Approval Period in one (1) year increments, not to exceed three (3) extensions.
F.

Project Schedules.

Within ninety (90) days following receipt of all ﬁnal, non-appealable

governmental approvals for the Project, and prior to the commencement of any work to construct the
Project, the Redeveloper shall provide a Project Schedule to the Township, as may be amended from time
to time by the Redeveloper upon written notice to the Township. A failure by the Redeveloper to meet a

3.4

date or milestone in its Project Schedule shall not be deemed a default under this Agreement.

Project Development. The Project shall be designed in accordance with the Redevelopment Plan,

approved site plan, and the terms of this Agreement. Any proposed uses that would trigger a “d” variance
pursuant to N.J.S.A. 40:55D-70(d) shall require the Redeveloper to seek an amendment to the

Redevelopment Plan; any deviations from the bulk requirements of the Redevelopment Plan may be

granted by the Planning Board pursuant to N.J.S.A. 40:55D-70(c), and any deviations from the Design and
Performance Standards in the Redevelopment Plan may be granted by the Planning Board pursuant to
N.J.S.A. 40:55D-51.
3.5

Amendment of Development and Design Concepts. Design concepts for the Project may be

modiﬁed from time to time by the Redeveloper subject ﬁrst to receipt of a Consistency Determination
pursuant to Section 3.2, except that Permitted Design Changes shall not require review by the

Page 38 of 88

Redevelopment Entity or the Planning Board, the Parties having expressly acknowledged and agreed that
same are ministerial in nature.
3.6

Other Governmental Approvals. It is acknowledged by the Parties that it may be necessary for the

Redeveloper to obtain Approvals or permits from other governmental agencies in order to undertake
development of the Project. The Redeveloper shall use commercially reasonable eﬀorts to apply for and
obtain any required permits and/or Approvals for the Project. The Township agrees to provide any
pertinent information in its possession and to provide any reasonable assistance which may be required

of it to enable Redeveloper to properly apply for and obtain such permits or Approvals, including making
applications in the name of the Township, without cost or expense to the Township, if requested by
Redeveloper or if required by law to do so. The Township agrees to support and endorse any applications
for any Governmental Approvals required for the Project, including endorsements of water and sewer
applications, when presented to the Township by the Redeveloper, which presentment may occur at the

time an application is ﬁled with the Planning Board. Redeveloper shall report to the Township on a
quarterly basis the status of such applications and Approvals for which each has applied.
ARTICLE 4

CONSTRUCTION OF PROJECT

Reports on Progress. Upon reasonable request of the Township, to be made not more than

4.1

quarterly, the Redeveloper shall submit a report in writing concerning the progress of the Project. The
work and construction activities of the Redeveloper shall be subject to inspection by the Township at

reasonable times and upon reasonable notice to the Redeveloper in accordance with the inspection
provisions of the Municipal Land Use Law.
4.2

Suspension of Construction.

The Redeveloper shall not suspend or discontinue the performance of any obligation under this

Agreement other than in the manner provided for herein.
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Page 39 of 88

If the Redeveloper abandons or substantially suspends construction activities on the Project for a

period in excess of 120 consecutive days for reasons other than (i) an extension pursuant to the terms of
this Agreement, (ii) an Uncontrollable Circumstance or (iii) a delay caused by the action or inaction of the
Township, the Redevelopment Entity or the Planning Board through no fault of the Redeveloper, and the
suspension or abandonment is not cured, remedied or explained in writing within 30 days after written
demand by the Township to do so, or such other period of time as may be reasonably necessary and
appropriate, then such shall constitute an Event of Default by the Redeveloper under this Agreement, in

which event the Township shall have the right to seek any remedies pursuant to the applicable agreements
and/or pursuant to the applicable performance guarantee posted by the Redeveloper.
4.3

Certiﬁcates of Occupancy and Certiﬁcates of Completion.

Upon Completion of any unit or building within the Project, as may be applicable, in accordance

with the Governmental Approvals, the Redeveloper may apply to the Township for a Certiﬁcate of

Occupancy for the completed unit or building.

Upon Completion of the Project, for purposes of releasing the restrictions referenced in this

Agreement, and under the Applicable Laws, the Township shall issue a Certiﬁcate of Completion to
Redeveloper in proper form for recording, which shall acknowledge that all of the duties and obligations

under this Agreement regarding the Project have been completed in accordance with the requirements of

the Applicable Laws, the Redevelopment Plan, and this Agreement. The Certiﬁcate of Completion shall
constitute a recordable conclusive determination of the satisfaction and termination of the restrictions,

obligations and covenants contained in this Agreement and the Redevelopment Plan with respect to the
construction of the Project and shall be eﬀective to release the Redeveloper, the Township and the
Property from the terms and conditions of this Agreement and the Redevelopment Plan.

Page 40 of 88

Upon issuance of the Certiﬁcate of Completion: (a) all agreements, restrictions, and covenants set

forth in this Agreement, and (b) the conditions determined to exist at the time the Property was
determined to be in need of redevelopment shall be deemed to no longer exist.
E.

Upon receipt of the Certiﬁcate of Completion, the Redeveloper may record it in the Monmouth

County Clerk's Oﬃce.
F.

If the Township fails or refuses to issue the Certiﬁcate of Completion for the Project within 30 days

after written request by the Redeveloper, the Township shall provide the Redeveloper a written statement

setting forth in detail the respects in which it reasonably believes that the Redeveloper has failed to
complete the Project in accordance with the provisions of this Agreement or is otherwise in default under
this or any other applicable agreement and what reasonable measures or acts shall be necessary in order
for the Redeveloper to a Certiﬁcate of Completion.
G.

Notwithstanding anything to the contrary contained in this Agreement, the Redeveloper shall be

entitled to seek reductions of Performance Guarantees in accordance with the MLUL even if the Certiﬁcate
of Completion has not been issued for the Project.
4.4

Design Elements.

Utility services and electrical lines. The cost for on-site and oﬀ-site utility upgrades and

installations, if required directly in relation to the Project, shall be the sole responsibility of the

Redeveloper; provided that the Redeveloper shall be entitled to recapture the costs of oﬀ-site water, sewer
and/or roadway improvements, on a pro rata basis and in accordance with Applicable Laws.
B.

Streetscape Improvements. All costs for required streetscape improvements are the responsibility

of the Redeveloper. If required by an approved Site Plan, such streetscape improvements may include
landscaping, lighting, public furniture and all other Site Improvements located between the curb and the
Project Improvements.
4.5

Contribution to Costs and Financial Obligations.
22

Page 41 of 88

Escrow for Township Costs. Pursuant to Township policy, the Redeveloper shall be responsible for

the reasonable and necessary costs incurred by the Township for, among other things, the Redevelopment
Entity’s review of any application submitted to the Redevelopment Entity, monitoring and enforcement
eﬀorts by the Township to ensure compliance with the terms and conditions of this Agreement and
responding to requests for a Certiﬁcate of Completion (collectively, the “Redevelopment Escrows”), in
accordance with the terms and conditions of this Section 4.5.
i.

Within seven (7) days of the Eﬀective Date of this Agreement, Redeveloper shall post a

Redevelopment Escrow in the amount of $25,000 (“Redeveloper Redevelopment Escrow”), to be held by
the Township and billed against in accordance with this Section 4.5.
B.

Township Costs. Township costs eligible to be paid from the Redevelopment Escrows shall be

consistent with the following:
i.

Reasonable and acceptable Township costs to be paid from the Redeveloper

Redevelopment Escrow include reasonable attorney’s fees incurred by the Township in negotiating this
Agreement; reasonable fees and costs of any professional consultant, contractor or vendor retained by
the Township to aide the Redevelopment Entity in reviewing plans for the Overall Subdivision approval
and issuing Consistency or Inconsistency Determinations with respect thereto; reasonable fees and costs

of any professional consultant, contractor or vendor retained by the Township to monitor the progress of

the Project and provide guidance to the Township regarding Redeveloper’s ongoing compliance with the

terms and conditions of this Agreement; and reasonable fees and costs of any professional consultant,
contractor or vendor retained by the Township to review and respond to a request for issuance of a
Certiﬁcate of Completion for the Project.
ii.

For purposes of this Section 4.5, the term “professional consultant, contractor or vendor”

shall be deemed to include attorneys, planners, engineers, architects, ﬁnancial consultants and/or such

Page 42 of 88

other professionals, consultants or vendors which are reasonably necessary for the Township to undertake
its responsibilities under this Agreement.
iv.

For purposes of this Section 4.5, the term “Township Costs” shall mean the reasonable

and necessary costs described in Section 4.5(B)(i) and 4.5(B)(ii). Notwithstanding anything herein above
to the contrary, the term “Township Costs” shall not include any review or inspection fees otherwise
subject to payment/collection of inspection fees and/or the payment of same under the MLUL.
C.

Replenishment. In the event the balance of any of the Redevelopment Escrows established in

accordance with this Section 4.5 falls below $5,000, the Township may issue a written request to the
Redeveloper to replenish the Redevelopment Escrow to its original balance (i.e., to $25,000).
D.

Procedure for Review and Appeal. The Township shall provide the Redeveloper with quarterly

Escrow Statements setting forth the respective Township Costs incurred and billed to the Redeveloper
Redevelopment Escrow. Redeveloper shall have the individual right to dispute any charges posted against

the Redevelopment Escrow utilizing the procedures set forth in Section 53a of the MLUL (N.J.S.A. 40:55D53a, et seq.); provided that in the event Redeveloper disputes a charge to the Redevelopment Escrow,
Redeveloper shall ﬁrst provide written notice of its objection to the Township within 15 days of receipt of
the quarterly statement, which written notice shall set forth the basis for the objection and the amount

disputed (each an “Escrow Objection”). Following delivery of a timely Escrow Objection, the Township
shall have 15 days to negotiate in good faith in an eﬀort to resolve the disputed charge(s). If the parties
have not resolved the Escrow Objection within said ﬁfteen (15) day period, the Redeveloper shall then be
entitled to follow the procedures for appeal of an escrow charge under the MLUL as set forth above.
E.

Refund of Unused Redevelopment Escrow. Upon termination or expiration of this Agreement or

upon issuance of a Certiﬁcate of Completion to Redeveloper, any funds remaining unexpended in the
Redeveloper Redevelopment Escrow shall be returned to Redeveloper within thirty (30) days of the date

Page 43 of 88

of such termination or expiration or thirty (30) days of the date on which the Certiﬁcate of Completion
was issued.
F.

Planning Board Costs. The Redeveloper shall post with the Planning Board such application fees

and escrow fees as necessary to reimburse the Planning Board for its professional, expert, engineering and
legal costs incurred in the application review and determination process in accordance with the provisions
of the MLUL. No Township Costs billed against the Redevelopment Escrows shall include Planning Board
Costs under the MLUL and as deﬁned above.
Neighborhood Impacts. The Parties acknowledge that the construction of the Project may have

4.6

certain temporary impacts on neighboring areas during the time that construction takes place. The
Redeveloper agrees that the construction of the Project shall be performed in such reasonable manner so as to
minimize, whenever possible but without incurring extraordinary cost, public or private nuisance or undue
annoyance to the public at large by reason of noise, dirt, dust, debris, air pollution, gas, smoke or any other

annoyance resulting from construction activities. Prior to site disturbance, the Redeveloper shall attend a

pre-construction meeting with the Township Engineer and a pre-construction meeting with the Township
Police Department to discuss, among other things, the anticipated construction schedule, construction
ingress and egress, soil transport, demolition, soil erosion and sediment control measures, excavation

noise and the like.
4.7

activities, and compliance with relevant provisions of the Township ordinances related to work hours,

Project Maintenance. From the commencement of physical construction of Site Improvements

and/or Project Improvements, Redeveloper will maintain in good and workmanlike condition all
improvements constructed by them, including any roadways, sidewalks, curbs, parking areas, landscaping,

stormwater management facilities, buildings and all such other areas and/or improvements governed by
the property maintenance code of the Township, until such time as Redeveloper no longer owns or leases
the lands within the Project.
25

Page 44 of 88

4.8

Traﬃc Control. As part of the site plan application for the Project, the Redeveloper shall include a

temporary traﬃc control plan describing temporary traﬃc control measures to be used to manage the
ﬂow of construction traﬃc in and out of the respective project site safely.
4.9

Access to the Property. Pursuant to the MLUL, the Township Engineer shall have the right and

obligation to inspect the work of the Redeveloper, the costs of which shall be paid through the inspection
escrow established pursuant to Section 53 of the MLUL. The Township or Township Engineer will provide
the Redeveloper with at least one (1) business day's prior notice of its intent to conduct such inspections

and shall not unreasonably interfere with the construction of the respective Project during any such
inspection. Upon request of the Township, but no less than quarterly, the Township Engineer shall provide
a progress update to the Township, with a copy to the Redeveloper. In no event shall the inspection of the
Project (or any construction activities related thereto) be deemed acceptance of the work or be deemed
to waive any right the Township has under this Agreement, nor shall it create any hardship upon the

Redeveloper or interfere with or cause delay to construction. In no event shall the costs of such
inspections be paid from the Redevelopment Escrows established in Section 4.5.
ARTICLE 5

[RESERVED]

ARTICLE 6

REPRESENTATIONS AND WARRANTIES
6.1

Redeveloper's Representations and Warranties. The Redeveloper hereby represents, warrants to

and covenants with the Township that:
A.

Organization. The Redeveloper is a limited liability company duly formed under the laws of the

State of New Jersey and validly existing and in good standing under the laws of the State of New Jersey
with all requisite power and authority to enter into this Agreement.

Page 45 of 88

Authorization; No Violation. The execution, delivery and performance by the Redeveloper of this

Agreement have been duly authorized by all necessary action and will not violate the certiﬁcate of
formation, operating agreement or any other formation or operating document of the Redeveloper or
result in the breach of or constitute a default under any loan or credit agreement, or other material
agreement to which the Redeveloper is a party or by which the Redeveloper may be bound or aﬀected.
C.

Valid and Binding Obligations. The person executing this Agreement on behalf of the Redeveloper

has been duly authorized and empowered and this Agreement has been duly executed and delivered by

the Redeveloper and constitutes the valid and binding obligation of the Redeveloper.
D.

Litigation. No suit is pending against the Redeveloper which could have a material adverse eﬀect

upon the Redeveloper's performance under this Agreement or the ﬁnancial condition or business of the
Redeveloper. There are no outstanding judgments against the Redeveloper that would have a material
adverse eﬀect upon the Redeveloper or which would materially impair or limit the ability of the

Redeveloper to enter into or carry out the transactions contemplated by this Agreement.

No Conﬂicts. This Agreement is not prohibited by and does not conﬂict with any other agreements,

instruments, judgments or decrees to which the Redeveloper is a party or is otherwise subject.
F.

No Violation of Laws. As of the Eﬀective Date, the Redeveloper has not received any notices

asserting any noncompliance in any material respect by the Redeveloper with applicable statutes, rules

and regulations of the United States, the State of New Jersey or of any agency having jurisdiction over and
with respect to the transactions contemplated in and by this Agreement, which would have a material
adverse eﬀect on the Redeveloper's ability to perform its obligations under this Agreement. The

Redeveloper is not in default with respect to any judgment, order, injunction or decree of any court,

administrative agency, or other governmental authority, which is in any respect material to the
transactions contemplated hereby.

Page 46 of 88

Qualiﬁcations of the Redeveloper. The Redeveloper is fully experienced and properly qualiﬁed to

undertake the responsibilities and perform the work provided for in, or contemplated under, this
Agreement and it is properly equipped, organized and in good ﬁnancial standing so as to perform all such
work and undertake all such responsibilities hereunder.
H.

No Speculation. The Redeveloper covenants that, consistent with its prior business practices, its

undertakings pursuant to this Redevelopment Agreement are intended to be for the purpose of
redevelopment of the Property and not for speculation in land holding.
Township's Representations and Warranties. The Township hereby represents and warrants to,

6.2

and covenants with, the Redeveloper that:
A.

Organization. The Township is a public body corporate of the State of New Jersey. The Township

has all requisite power and authority to enter into this Agreement and the instruments and documents
referenced herein to which the Township is a party, to consummate the transactions contemplated hereby,

and to perform their obligations hereunder.

Authorization; No Violation. The execution, delivery and performance by the Township of this

Agreement are within the authority of the Township and will not violate the statutes, rules and regulations
governing its activities; have been duly authorized by all necessary Resolutions and/or Ordinances; and

will not result in the breach of any material agreement to which the Township is a party, or to the best of
its knowledge and belief, any other material agreement by which the Township or its material assets may
be bound or aﬀected.
C.

Valid and Binding Obligations. The person executing this Agreement on behalf of the Township has

been duly authorized by Resolution to execute this Agreement, and the duly executed Agreement
delivered by the Township constitutes the valid and binding obligation of the Township. All of the parcels

making up the Property have been designated as areas in need of redevelopment in accordance with the

Page 47 of 88

LRHL and a duly adopted resolution of the Township. The Redevelopment Plan, as amended, covering the
Property has been approved by a duly adopted ordinance of the Township.
D.

Litigation. No suit is pending against or aﬀects the Township which could have a material adverse

eﬀect upon the Township's performance under this Agreement or the ﬁnancial condition or business of
the Township or with respect to the designation of the Property or the adoption of the Redevelopment
Plan. There are no outstanding judgments against the Township or the Township that would have a
material adverse eﬀect upon the Township or the Township, or which would materially impair or limit the

ability of the Township to enter into or carry out the transactions contemplated by this Agreement.
E.

No Conﬂicts. This Agreement is not prohibited by and does not conﬂict with any other agreements,

instruments, judgments or decrees to which the Township is a party or is otherwise subject.
F.

No Violation of Laws. As of the Eﬀective Date, the Township has not received any notices asserting

any noncompliance in any material respect by the Township with applicable statutes, rules and regulations

of the United States of America, the State of New Jersey or any agency having jurisdiction over and with
respect to the transactions contemplated in and by this Agreement which would have a material adverse
eﬀect on the Township's ability to perform its obligations under this Agreement. The Township is not in
default with respect to any judgment, order, injunction or decree of any court, administrative agency, or

other governmental authority, which is in any respect material to the transactions contemplated hereby.
6.3

Redeveloper Declaration of Covenants.

Consistent with N.J.S.A. 40A:12A-9, the Redeveloper agrees that the requirements, obligations

and responsibilities set forth in this Agreement shall constitute covenants that run with the land,
Redeveloper shall record a copy of this Agreement in the oﬃce of the Monmouth County Clerk to evidence

same. In lieu of recording the entire Agreement, Redeveloper may elect to record a deed notice that
identiﬁes the existence of this Agreement, summarizes Redeveloper’s rights, responsibilities and

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obligations hereunder and identiﬁes the location at the Township where a copy of this Agreement can be
obtained.
B.

Termination and Release of Redeveloper’s Agreement. Upon the issuance of the Certiﬁcate of

Completion described in Section 4.3(C), the Township shall execute a Termination, Release and Discharge
of Agreement or such other document as Redeveloper requires to release and discharge of record the
recorded Agreement or deed notice, as the case may be.
C.

Notwithstanding the foregoing, it is further agreed that the individual owners of homes and any

property owners' association or similar entity in the Townhouse Project shall have no responsibility or
liability with respect to the covenants set forth in this Agreement.
ARTICLE 7
DEFAULT

7.1

Events of Default. Each of the following shall constitute an event of default ("Event of Default") by

the Township and/or Redeveloper, respectively:

Either Party fails to make payment of any sum payable to the other Party hereunder, as the same

shall become due and payable, or fails to fulﬁll any obligation hereunder within the time prescribed, and
such failure shall have continued for a period of 30 days after receipt of written notice specifying such

failure, and demanding that same be remedied;

Either Party or its respective successor in interest shall violate any of its covenants,

representations, declarations, or obligations to perform under the terms of this Agreement and failure

shall have continued for a period of 30 days after receipt of written notice specifying such default (or such
longer or shorter time as may be speciﬁed herein), and demanding that same be remedied, to the extent

not otherwise provided for herein, up to the issuance of a Certiﬁcate of Completion; however, if, the
default cannot be cured within 30 days using reasonable diligence, the non-defaulting Party will extend

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the time to cure, provided the corrective action is instituted within 30 days and diligently pursued to
completion;
C.

The Redeveloper shall fail to take the actions required herein within the time frames for

performance identiﬁed herein with respect to the Project, or has substantially suspended or abandoned
construction for a continuous period in excess of 120 days, subject to an extension pursuant to Section
3.3, the occurrence of an Uncontrollable Circumstance and/or as otherwise authorized by the provisions
of this Agreement, through no fault of the Township, and any such default, violation, abandonment, or

suspension shall not be cured within 30 days after written demand by the Township to do so, or such
longer period if not reasonably capable of cure within such 30 day period and Township agrees to extend
such time to cure, which agreement shall not be unreasonably withheld, denied or conditioned, provided
that the Redeveloper has commenced and is diligently prosecuting such cure or arrangements therefor;

The Redeveloper or its successor in interest shall fail to pay any Impositions when due, or shall

suﬀer any levy or attachment to be made, or any material men's or mechanics' lien, or any other
unauthorized encumbrance or lien to attach that has a material adverse impact upon the Project's ﬁnancial
status and such Imposition shall not have been paid, or the encumbrance or lien removed or discharged
or provision satisfactory to the Township made for such payment, removal, or discharge, within 30 days

issuance of a Certiﬁcate of Completion;
E.

after written demand by the Township to do so, to the extent not otherwise provided for herein, up to the

There is, in violation of this Agreement, any transfer of the fee title to the Property or a portion

thereof, except for Permitted Transfers as provided in Section 2.4(D) or Section 13.2, and such violation
shall not be cured within 30 days after written demand served upon the Redeveloper by the Township;
F.

The Redeveloper is dissolved, or ﬁles a voluntary petition in bankruptcy or for reorganization or

for an arrangement pursuant to the Bankruptcy Act or any similar law, federal or state, now or hereafter
in eﬀect, or makes an assignment for the beneﬁt of creditors, or admits in writing its inability to pay its
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debts as they become due, or suspends payment of its obligations, or takes any action in furtherance of
the foregoing; or the Redeveloper consents to the appointment of a receiver, or an answer proposing the
adjudication of the Redeveloper as bankrupt or its reorganization pursuant to the Bankruptcy Act or any
similar law, federal or state, now or hereafter in eﬀect, is ﬁled in and approved by a court of competent
jurisdiction and the order approving the same shall not be vacated or set aside or stayed within 30 days
from entry thereof, or the Redeveloper consents to the ﬁling of such petition or answer; or
7.2

Denial of Site Plan. In the event the Planning Board denies any site plan or subdivision application

for the Project ﬁled by the Redeveloper, after issuance of a Consistency Determination by the
Redevelopment Entity, and the denial of such application or applications is upheld by the Superior Court
of New Jersey upon appeal by the Redeveloper, this Agreement shall terminate and Redeveloper shall
thereafter be relieved of any and all further obligations under this Agreement and/or the Redevelopment
Plan. In this event, the Redeveloper shall be entitled to a refund of any unused funds in the Redeveloper

7.3

Redevelopment Escrow.

Right to Cure Upon Event of Default. Except as otherwise provided in this Agreement and/or where

the right to cure otherwise is not available under Section 7.2 above, in the event of any default in or breach
of this Agreement or any of its terms or conditions by any Party hereto or any successor to such Party, such

Party (or successor) shall, within 30 days (or such longer, or shorter, period to the extent expressly provided

above) of receiving written notice from another, proceed to cure or remedy such default or breach. In case
such action is not taken or diligently pursued, or the default or breach shall not be cured or remedied

within such prescribed time, or any extension of such time granted at the discretion of the non-breaching
Party, the non-breaching Party may pursue its remedies in accordance with this Agreement.
7.4

Township's Remedies. If the Redeveloper shall fail to timely cure any Event of Default by the

Redeveloper as set forth in Sections 7.1 and 7.3 above, the Township shall be entitled, in its sole and
absolute discretion, to:
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Withhold the issuance of any approval, permit or certiﬁcate in connection with the Project that is

the subject of the default,
B.

Terminate this Agreement;

Call any Performance or Maintenance Guarantees posted as part of any approval pertaining to the

Project in accordance with the terms of such guarantees or as otherwise available as a matter of law;
and/or
Exercise any other remedies available at law or equity against the defaulting Redeveloper.

7.5

Redeveloper's Remedies. If the Township shall fail to timely cure any Event of Default by the

Township as set forth in this Section 7, or a cure is unavailable as in the event described in Section 7.2, the
Redeveloper shall be entitled, in its sole and absolute discretion, to:
A.

Seek a declaratory judgment determining the respective rights and obligations of the Parties

under this Agreement;

File a claim for actual damages, provided that Redeveloper shall not be entitled to seek or recover

any manner of special, consequential, punitive or speculative damages;
C.

File an appeal regarding any charges paid from the Redeveloper Redevelopment Escrow as

otherwise provided herein;

Demand and receive release of the Redeveloper Redevelopment Escrow or any remaining balance

therein;
E.

Terminate this Agreement pertaining to any remaining obligations hereunder that have not

already been completed as evidenced by issuance of a Certiﬁcate of Occupancy or Certiﬁcate of
Completion, as the case may be; and/or
F.

Exercise any other remedies available at law or equity.

7.6

Limitation of Liability. The Parties agree that, other than in the case of intentional action, conduct,

misconduct and/or wrongdoing, in the case of any Event of Default under this Agreement:
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the Township shall look solely to the Redeveloper and its property interest in the Project for the

recovery of any judgment or damages, and agree that no member, manager, oﬃcer, principal, employee,
representative or other person aﬃliated with such Party shall be personally liable for any such judgment
or damages; and
B.

Redeveloper shall look solely to the Township for the recovery of any judgment or damages, and

agree that no oﬃcial, elected or otherwise, principal, employee, representative or other person aﬃliated
with the Township shall be personally liable for any such judgment or damages.
No Waiver of Rights and Remedies by Delay. Any delay by the aggrieved Party in instituting or

7.7

prosecuting any actions or proceedings or otherwise asserting its rights under this Agreement shall not
operate as a waiver of such rights and shall not deprive the aggrieved Party of or limit the aggrieved Party's
rights in any way (it being the intent of this provision that the aggrieved Party should not be constrained
so as to avoid the risk of being deprived or limited in the exercise of the remedies provided herein by those

concepts of waiver, laches, or otherwise) to exercise such rights at a time when the aggrieved Party may
still resolve the problems by the default involved.
7.8

Rights and Remedies Cumulative. The rights and remedies of the Parties to the Agreement,

whether provided by law or by the Agreement, shall be cumulative and, except as otherwise speciﬁcally

provided by this Agreement, the exercise by either Party of any one or more of such remedies shall not
preclude the exercise by it, at the same or diﬀerent times, of any other such remedies for the same default
or breach or of any of its remedies for any other default or breach by the other Party.
ARTICLE 8

INSURANCE

8.1

The Redeveloper shall provide and maintain the following insurance, and require its contractors

and subcontractors to maintain such insurance, and name the Township as an additional insured under
such policies (other than the Worker's Compensation Insurance), as applicable, in connection with the
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work to be performed under this Agreement until such work has been Completed, and furnish the
Township, within 30 days of the Eﬀective Date, with a copy of certiﬁcates of insurance evidencing that the
Redeveloper has obtained such insurance, as applicable:
A.

Contractor's Comprehensive General Liability and Property Damage Insurance - with combined

single limits of not less than $2,000,000 per occurrence with respect to comprehensive general liability,
bodily/personal injury and property damage and shall include broad-form contractual coverage and
indemniﬁcation and hold harmless provisions.
Excess Liability Insurance - in the amount of $5,000,000 is to be provided in addition to the above

requirements in a form acceptable to the Township in its sole discretion.
C.

Worker's Compensation Insurance - coverage as required by state law for all employees who will

be engaged in the work associated with this Agreement. The Redeveloper shall require all subcontractors
to provide similar worker's compensation insurance for all of their employees, unless those employees are

covered under the Redeveloper's insurance.

Certiﬁcates. All insurance certiﬁcates provided by the Redeveloper under this Agreement shall

stipulate that the insurance will not be changed or canceled without giving at least 30 days' written notice
to the Township by certiﬁed mail.

Performance and Maintenance Guarantees. The Redeveloper shall, as required pursuant to

Resolution of the Planning Board for subdivision and/or site plan approval, post the appropriate
Performance and Maintenance Guarantees in amounts to be determined by the Planning Board and its
professionals in strict accordance with the applicable provisions of the MLUL.
ARTICLE 9

INDEMNITY
9.1

Obligation to Indemnify. The Redeveloper agrees to indemnify and hold the Township and its

oﬃcials, agents, servants, employees and consultants (collectively, the "Indemniﬁed Parties,") harmless
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from and against any and all claims, demands, suits, actions, recoveries, judgments, and costs and
expenses in connection therewith, of any kind or nature, however arising, imposed by law or otherwise
(including reasonable attorneys' fees and expenses and experts' fees and expenses) (collectively, "Claims")
which the Indemniﬁed Parties may sustain, be subjected to or be caused to incur, by reason of personal
injury, death or damage to property, arising from or in connection with the implementation, construction
or maintenance of the Project, or any activities of or on behalf of the Redeveloper within the Property,
except that to the extent that any such claim or suit arises from the intentional or willful wrongful acts or

omissions, or grossly negligent acts or omissions of the Indemniﬁed Parties.
9.2

The Township shall provide notice to the Redeveloper of the subject Claims as soon as reasonably

possible after their occurrence but in any case within 10 days of the Township receiving actual or
constructive notice of the subject Claims, provided, however, that in the event such notice is not timely
received, the Redeveloper shall only be excused of its obligations hereunder to the extent it is prejudiced

9.3

by the failure to timely receive said notice.

The obligation to indemnify the Indemniﬁed Parties shall survive the termination or expiration of

this Agreement with respect to any Claims arising from any activities occurring prior to the issuance of a
Certiﬁcate of Completion.

ARTICLE 10

UNCONTROLLABLE CIRCUMSTANCES
10.1

Deﬁnition of Uncontrollable Circumstances. For purposes of this Article 10 and as otherwise used

in this Agreement, "Uncontrollable Circumstances" shall mean any of the events or conditions set forth
below, or any combination thereof, that has had or may reasonably be expected to have a material and
adverse eﬀect on the ability of a person to perform its obligations (an "Aﬀected Party") under this
Agreement:

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An act of God including severe natural conditions such as landslide, lightning, earthquake, ﬂood,

hurricane, blizzard, tornado or other severe weather conditions, severe sea conditions aﬀecting delivery
of materials or similar cataclysmic occurrence, nuclear catastrophe, an act of public enemy, terrorism, war,
blockade, insurrection, riot, general arrest or general restraint of government and people, or any other
similar act or event outside the control of the Aﬀected Party; provided however, that any question as to
whether any such conditions should be deemed to constitute an Uncontrollable Circumstance shall be
considered in light of good engineering practice and industry standards to protect against reasonably

foreseeable severe natural weather conditions, taking into account the geographic location and
topographic and geotechnical conditions of the Project.
B.

Delays caused by and/or imposed by any local, state or federal government or governmental

agency under a public health emergency and/or state of emergency, including but not limited to
restrictions imposed as a result of any current and/or future health care emergency, pandemic, epidemic

and/or public health crises wherein any government or government agency imposes shelter-in-place and
stay-at-home type orders.
C.

The condemnation, taking, seizure, involuntary conversion or acquisition of title to or use of the

Property, or any material portion or part thereof, by the action of any federal, state or local government

or governmental agency or authority.

Delays incurred in obtaining Governmental Approvals caused solely by the approving agency after

the Aﬀected Party has taken all required action in obtaining such Approval and the continued delay is
outside and beyond the control of the Aﬀected Party.
E.

Delay caused by the failure of any third party, including governmental entities, to timely inspect

improvements or take other actions necessary for the construction of the Project to proceed.
F.

Delays in the issuance of necessary and required permits by the Township;

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Delays caused by any express or implied governmental moratoria, or any action by a government

agency which has the eﬀect of imposing a moratorium on development;
H.

Delays resulting from legal challenges brought to challenge any permit and/or Approval related to

this Project by third-parties over whom the Aﬀected Party has no control.
I.

Labor union strikes or similar labor union action by equipment manufacturers, suppliers of

materials, employees or transporters of same, to the extent that such labor union strikes relate to general
labor disputes that are non-speciﬁc to the Project of the Redeveloper and have a material and adverse

eﬀect upon the Aﬀected Party's ability to perform its obligations under this Agreement.
J.

The unavailability of, or longer than customary lead time required for, suitable ﬁll, equipment, or

materials required for performance of the work related to the Project due to: (i) ﬂuctuations in the
historically reasonable commercial rates for such ﬁll, equipment, or materials, (ii) shortages of such ﬁll,
equipment, or materials in the marketplace, (iii) other supply chain issues relating to such ﬁll, equipment,

or materials, and/or (iv) the inability to obtain (or delays in obtaining) commercially reasonable
transportation services for transporting such ﬁll, equipment, or materials to the Property or the Project
area as a result of a public or private labor dispute.
10.2

Notice of Uncontrollable Circumstance. If an Uncontrollable Circumstance has occurred and is

continuing, the Aﬀected Party wishing to suspend its performance as a result of such Uncontrollable
Circumstance shall provide written notice thereof to the other Party as promptly as is reasonably possible
under the circumstances and in all events within 30 days following such Party's actual knowledge of the
occurrence of such Uncontrollable Circumstance.
10.3

Eﬀect on Obligations.

In the event of an Uncontrollable Circumstance, the applicable deadline, obligation or term

aﬀected by such Uncontrollable Circumstance shall be extended for a period of time equal to the delay
caused by the Uncontrollable Circumstance.
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The performance, non-performance or delay in performance by the Aﬀected Party of any

obligation, requirement, commitment or responsibility set forth in this Agreement shall not be deemed to
be an Event of Default where such performance, failure of performance or delay in performance is/are the
result of an Uncontrollable Circumstance, provided, however, that the Uncontrollable Circumstance (a)
was not invoked in bad faith or intentionally by a Party, (b) was not the result of any unlawful action or
non-action of the Aﬀected Party as justiﬁcation for the performance, failure of performance or delay in
performance of the subject obligation, requirement, commitment or responsibility, and (c) the Aﬀected

Party takes all reasonable eﬀorts within its power to timely mitigate the Uncontrollable Circumstance.
C.

Each Party shall diligently and in good faith seek to mitigate the eﬀect of such Uncontrollable

Circumstance and to perform its obligations to the extent practicable notwithstanding the occurrence of
an Uncontrollable Circumstance and to overcome such Uncontrollable Circumstance as soon as is possible
or practicable.

Reinstatement of Performance Obligations. The performance by the Aﬀected Party of any

obligation under this Agreement excused as aforesaid shall be recommenced as promptly as is legally and
reasonably practicable after the occurrence of an Uncontrollable Circumstance and, in the case of the
Party not seeking to delay its performance based upon such Uncontrollable Circumstance, after receipt by

such Party from the Aﬀected Party of written notice that the Uncontrollable Circumstance is no longer
occurring and that such Party can resume performance of its obligations under this Agreement.
10.4

Defense of Approvals. Notwithstanding any of the above, the Redeveloper shall assume the

defense of any challenge to any permit and/or Approval it requires to proceed with the Project so as to
continue to move forward with the Project. Any such litigation to defend any permit and/or Approvals

shall be deemed to be an Uncontrollable Circumstance. The Redeveloper shall be responsible for the costs
of providing such defense; provided, however, to the extent the Planning Board is a party to such action
the cost of the Planning Board’s defense shall be the responsibility of the Township.
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ARTICLE 11
NOTICES AND DEMANDS
11.1

A notice, demand or other communication under this Agreement by any Party to the other shall

be suﬃciently given or delivered if dispatched by United States Registered or Certiﬁed Mail, postage
prepaid and return receipt requested, or delivered by national overnight courier with delivery
conﬁrmation, or delivered personally (with written acknowledgment of receipt) to the Parties at the
following respective addresses:

If to the Township, to:

John Tobia
Township Administrator
Township of Wall
2700 Allaire Road
Wall, NJ 07753
with a copy to:

Michael L. Collins, Esq.
King, Moench & Collins LLP
225 Highway 35, Suite 202
Red Bank, NJ 07701
and if to Redeveloper, to:

with a copy to:

Nikki Mallozzi, Northeast Division President
K. Hovnanian at Peddler’s Village, LLC
110 Fieldcrest Avenue
Edison, NJ 08873

Shirleen Roberts, Esq., Northeast Division Area Counsel
K. Hovnanian at Peddler’s Village, LLC
110 Fieldcrest Avenue
Edison, NJ 08873
11.3

Any notice required to be provided herein also may be provided by electronic mail (e-mail)

provided that the delivery requirements of Section 11.1 are also followed.
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11.4

Either Party may from time to time by written notice given to the other pursuant to the terms of

Section 11.1 change the street address, electronic mail address or persons to which notices shall be sent.
ARTICLE 12
CONSTRUCTION AND PROJECT FINANCING
12.1

Redeveloper's Commitment to Finance Project. The Redeveloper has the right, but not the

obligation, to develop or cause to be developed the Project in accordance with the terms and conditions
of this Agreement and the Redevelopment Plan.
This Agreement is subject to the Redeveloper and/or Qualiﬁed Entities securing the necessary

12.2

ﬁnancing to complete the Project pursuant to the Project Schedule. For any Governmental Approvals the
Redeveloper applies for and obtain, Redeveloper represents and warrants that it has obtained or can
obtain and will commit the requisite equity and debt ﬁnancing in an amount necessary to complete the
Overall Subdivision and/or such Project.

If requested by The Township, Redeveloper agrees to provide, and the Township agrees to accept

12.3

a letter from one or more ﬁnancial institutions or other investors, in form and substance reasonably
acceptable to the Township, which evidences a ﬁrm commitment to provide the necessary ﬁnancing to
complete the Project (“Financial Assurances”). In the event the Project is being developed by a Qualiﬁed

Entity in accordance with this Agreement, the Township agrees the requirement to provide such Financial

Assurances shall be the responsibility of such Qualiﬁed Entity. The Redeveloper shall provide the Township
with such Financial Assurances within thirty (30) days of receipt of a written request from the Township,

or at the time of delivery of a Project Schedule as provided in Section 3.3(F) above; provided that the
Parties agree that delivery of Financial Assurances by Redeveloper may not be available until shortly before

the commencement of construction on the Project, in which case no work may be commenced on the
Property until the Financial Assurances are provided.

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12.4

Rights of Institutional Mortgagee. Any ﬁnancial institution lending money on the security of the

Property for the Project shall be entitled to the protection of N.J.S.A. 55:17 providing for notiﬁcation, right
to cure, right to possession, right to assume control of mortgagor, right to enter into possession of and
operate premises, right to the entry of a judgment of strict foreclosure, right to recover on the underlying
loan obligation without ﬁrst proceeding with foreclosure, right to proceed to foreclosure, separately from
or together with suit on the underlying obligation, and such other rights all as speciﬁcally provided in
N.J.S.A. 55:17-8.
This Agreement, as a ﬁnancial arrangement made by a governmental body or agency of the State

of New Jersey pursuant to statutes in connection with a project for redevelopment, renewal or
rehabilitation, shall continue in full force and eﬀect beyond any default in or foreclosure of any mortgage
loan made to ﬁnance the project, as though such default or foreclosure had not occurred, subject to the
provision of N.J.S.A. 55:17.

The Township agrees that its rights under this Agreement are and shall be subordinate to the rights

of any institutional lender and agrees to execute any further subordination and attornment documents
that may reasonably be required by an institutional lender and further to make any technical, nonsubstantive, modiﬁcations to this Agreement that may be required by an institutional lender.

Rights of Mortgagees. Notwithstanding any other provision of this Agreement, the holder of any

12.5

mortgage (including any such holder who obtains title to the Property or any part thereof), or any other
Party who thereafter obtains title to the Property or such part from or through such holder or any

purchaser at foreclosure sale or through other court proceedings or action in lieu thereof shall in no way

be obligated by the provisions of this Agreement to construct or complete the Project except to secure
and make the Project site and Property safe, or to guarantee such construction or completion; nor shall
any covenant or any other provision in this Agreement or any deeds conveying the Property to

Redeveloper be construed to so obligate such holder, provided that nothing in this Agreement shall be
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deemed or construed to permit or authorize any such holder to devote the Property or any part thereof
to any uses, or to construct any improvements thereon, other than those uses or improvements provided,
or permitted under the Redevelopment Plan as contemplated herein or otherwise approved by the
Township.
12.6

Notice to Mortgagee. Whenever the Township shall deliver any notice or demand to Redeveloper

with respect to any alleged breach or default by Redeveloper of its obligations or covenants under this
Agreement under the terms of this Agreement, the Township shall at the same time forward a copy of

such notice or demand to each holder of any mortgage at the last known address of such holder shown in
the land records of the County, in which case notice that such breach or default subsequently has been
cured shall also be provided by the Township to each such holder of any mortgage.
12.7

Mortgagee's Right to Cure Default. After any breach or default referred to in Article 7, each holder

shall have the right, at its option and to the extent permitted by the loan/mortgage documents, to cure or

remedy such breach or default (if the holder shall opt to cure or remedy the breach or default, the times
to cure provided herein shall be extended for such a period of time equal to the time otherwise applicable
to Redeveloper for cure) and to add the cost thereof to its mortgage. If the breach or default is with respect
to construction of the Project, nothing contained in this Agreement shall be deemed to require the holder

to obtain the Township's approval, either before or after foreclosure or action in lieu thereof, to undertake
or continue the construction or Completion of the Project or applicable part thereof. Any such holder who

shall properly complete the Project or applicable part thereof shall be entitled, upon written request made

to the Township, to receive a Certiﬁcate of Occupancy for the Completed units or buildings within the
Project, applicable part thereof and any eligible Certiﬁcate(s) of Completion as set forth in Section 4.3

hereof, and such Certiﬁcate(s) shall mean and provide that any remedies or rights that the Township shall
have or be entitled to due to the failure of Redeveloper and/or any successor in interest to the Property
or any part thereof, to cure or remedy any Default with regard to construction of the Project, or due to
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any other default in or breach of this Agreement by Redeveloper and/or such successor, shall not apply to
the part or unit of the Property to which such Certiﬁcate relates.
ARTICLE 13
RESTRICTIONS ON TRANSFERS
13.1

Restrictions on Transfer. Prior to the issuance of a Certiﬁcate of Completion for the Project, or the

issuance of a Certiﬁcate of Completion for the Project pursuant to N.J.S.A. 40A:12A-9(a), except as
otherwise permitted by this Agreement, the Redeveloper shall be without power to sell, lease or otherwise

transfer the Project, without the written consent of the Township, which consent shall not be
unreasonably withheld, delayed or conditioned, except that Redeveloper may without such consent sell
and transfer the Townhouse Project to K. Hovnanian, and lease individual units, if any, to third parties. The
prohibition in this Section 13.1 shall apply to any sale, transfer, pledge, or hypothecation of a controlling
interest in Redeveloper or the Project, except for any sale or transfer among existing owners, their families

or entities controlled by any of them. The foregoing shall not apply, however, to a change of form or
ownership of the Redeveloper entity, provided that there is no change in the controlling interest of
Redeveloper. The restrictions in this Section 13.1 also shall not apply to conveyances permitted in Section
13.2 and Section 13.3 and these restrictions shall be deemed to no longer apply to any individual building

13.2

or unit for which a Certiﬁcate of Occupancy or Certiﬁcate of Completion has been issued.

Permitted Transfers. Notwithstanding the foregoing, the Township hereby consents, without the

necessity of any further approval, but subject to ten (10) days' prior notice to the Township (except as to
conveyances in Sections (A) and (B)), to the following transfers and conveyances:
A.

A conveyance of driveways, roads, infrastructure, open space and other common property to a

property owners' association or similar entity.
B.

Deeds to purchasers of individual units, if any, or leases to tenants of individual units.

Utility and other necessary easements.
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A mortgage or mortgages or leases or leasehold or other ﬁnancing and other liens and

encumbrances solely for the purposes of ﬁnancing costs associated with the acquisition, development,
construction and marketing of the Project.
E.

A conveyance of the Property or any portion thereof to the holder of any mortgage authorized

under this Agreement, whether through foreclosure, deed-in-lieu of foreclosure, or otherwise.
F.

A transfer of any interest in the Property to any partner or family member of any of the members

of the Redeveloper or to any entity owned or controlled by the Redeveloper.
Transfers permitted pursuant to Section 2.4(D) of this Agreement.

13.3

Conveyance to a Qualiﬁed Entity. Notwithstanding the foregoing, upon the establishment of a

Qualiﬁed Entity to assume the obligations relative to the Project, the Redeveloper shall be authorized to
complete a conveyance of the Project or property within the Project to the Qualiﬁed Entity.
13.4

Subsequent Conveyance by Redeveloper. Upon issuance of a Certiﬁcate of Completion, the

Redeveloper shall have the right to sell, lease or otherwise transfer, convey or encumber any such portion
of the Project without the consent of the Township and free of any restrictions imposed by this Agreement.
Notwithstanding the above, and in addition thereto, any and all limitations on the transfer of an interest
in the Project or any Project Component, or phase thereof or building or unit therein, as the case may be,

shall automatically terminate upon the issuance of a Certiﬁcate of Completion for the Project.
ARTICLE 14

EQUAL OPPORTUNITY
14.1

Equal Employment Opportunity. The Redeveloper agrees that during the construction of

Improvements by Redeveloper:
A.

The Redeveloper will not discriminate against any employee or applicant for employment because

of age, race, creed, color, sex, aﬀectional or sexual orientation, ancestry, marital status, civil union status,
domestic partnership status, nationality, gender identity or expression, disability, or national origin. The
45

Page 64 of 88

Redeveloper will take aﬃrmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their age, race, creed, color, sex, aﬀectional or sexual
orientation, ancestry, marital status, nationality, gender identity or expression, disability, or national origin.
Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoﬀ or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Redeveloper agrees that it will post in conspicuous
places, available to employees and applicants for employment, notices setting forth the provisions of this

nondiscrimination clause and any such notices provided by the Agency which are consistent therewith.

The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf

of the Redeveloper; state that all qualiﬁed applicants will receive consideration for employment without
regard to age, race, creed, color, ancestry, marital status, sex, aﬀectional or sexual orientation, gender
identity or expression, disability, nationality or national origin.
The Redeveloper will comply with all rules, regulations, and relevant orders of the Secretary of

Labor of the State of New Jersey.
D.

The obligations in this Article 14 shall be binding on all contractors and subcontractors to the

extent that any work is done by any contractor or subcontractor, and any contract entered into by the

Redeveloper shall so provide.

ARTICLE 15
MISCELLANEOUS

Page 65 of 88

15.1

Termination Date. Except for those provisions expressly surviving termination, this Agreement

shall terminate upon the earlier of: (i) issuance of a Certiﬁcate of Completion for the Project, or (ii) the
earlier termination of this Agreement pursuant to its express terms.
15.2

Township’s Right to Engineering Data.

Upon termination of this Agreement pursuant to any

provisions hereof, the Redeveloper shall furnish to the Township without charge or fee, reproducible
copies of all surveys and engineering studies, drawings, and reports, including those obtained by the
Redeveloper through having performed soils testing and analysis and other data prepared by or for the

Redeveloper with respect to the Project and the contemplated development thereof, not already in the
possession of the Township.
15.3

Right of Entry for Utility Service. The Township reserves for itself and any public utility company,

as may be appropriate, the unqualiﬁed right to enter upon the Property at any reasonable time for the
purpose of reconstructing, maintaining, repairing or servicing the public utilities located with the

15.4

Property's boundary lines as same may now exist or where same may exist after completion of the Project.
Redeveloper Not to Construct Over Utility Easements. The Redeveloper acknowledges that it shall

not construct any building or other structure or improvement on, over or within the boundary lines of any
easement for public utilities unless such construction is provided for in such easement or has been

approved by the public utility. If approval for such construction is required by the Redeveloper, the
Township shall use its best eﬀorts to assure that such approval shall not be unreasonably withheld.
15.5

No Third Party Beneﬁciaries. The provisions of this Agreement are for the exclusive beneﬁt of the

Parties hereto and not for the beneﬁt of any third person, nor shall this Agreement be deemed to have
conferred any rights, express or implied, upon any third person other than a Qualiﬁed Entity approved by

the Township and in that event only to the extent the provisions of this Agreement apply to such Qualiﬁed
Entity.

Page 66 of 88

15.6

Amendment; Waiver. No alteration, amendment or modiﬁcation of this Agreement shall be valid

unless contained an instrument in writing and executed by the Parties hereto with the same formality as
this Agreement. The failure of the Township or Redeveloper to insist in any one or more instances upon
the strict performance of any of the covenants, agreements, terms, provisions or conditions of this
Agreement or to exercise any election contained in this Agreement shall not be construed as a waiver or
relinquishment for the future of such covenant, agreement, term, provision, condition, election or option,
but the same shall continue and remain in full force and eﬀect. No waiver by the Township or Redeveloper

of any covenant, agreement, term, provision or condition of this Agreement shall be deemed to have been
made unless expressed in writing, duly authorized in the manner required by law and signed by an
appropriate oﬃcial on behalf of the Township or Redeveloper.
15.7

Consents. Unless otherwise speciﬁcally provided herein, no consent or approval by the Township

or Redeveloper permitted or required under the terms of this Agreement shall be valid or be of any force

whatsoever unless the same shall be in writing, duly authorized in the manner required by law and signed
by an authorized representative of the Party by or on whose behalf such consent is given. Whenever this
Agreement requires the consent or approval of the Township or the Redeveloper, or any oﬃcers, agents
or employees of either Party, such approval or consent shall not be unreasonably withheld, delayed or

conditioned and shall be given within a reasonable time if said time is not otherwise speciﬁcally set forth
herein.
15.8

Captions. The captions of the Sections, subsections and any Schedule of Exhibits and Index of

Deﬁnitions within this Agreement are for convenient reference only and shall not be deemed to limit,

construe, aﬀect, modify or alter the meaning of the articles, sections, exhibits, deﬁnitions, or other
provisions hereof.
15.9

Governing Law. This Agreement shall be governed by and construed in accordance with the laws

of the State of New Jersey, without giving eﬀect to any principle of choice of law or conﬂicts of laws. Any
48

Page 67 of 88

lawsuit ﬁled by either Party to this Agreement shall be ﬁled in either the Superior Court of New Jersey,
Monmouth County, or in the United States District Court for the District of New Jersey, as appropriate and
in accordance with their respective rules of court.
15.10 Severability. If any article, section, subsection, term or provision of this Agreement or the
application thereof to any Party or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of the section, subsection, term or provision of this Agreement or the application of same to
Parties or circumstances other than those to which it is held invalid or unenforceable shall not be aﬀected

thereby and each remaining article, section, subsection, term or provision of this Agreement shall be valid
and enforceable to the fullest extent permitted by law, provided that no such severance shall serve to
deprive either Party of the enjoyment of its substantial beneﬁts under this Agreement.

15.11 Binding Eﬀect. Except as may otherwise be provided in this Agreement to the contrary, this
Agreement and each of the provisions hereof, shall be binding upon and inure to the beneﬁt of

Redeveloper, the Township and their respective successors and assigns, including any Qualiﬁed Entities
approved by the Township.

15.12 Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the
Parties hereto or by any third party to create the relationship of principal and agent, partnership, joint

contracting Parties under this Agreement.

venture or any association between Redeveloper and the Township, their relationship being solely as

15.13 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall

be deemed an original but all of which when taken together shall constitute one and the same instrument.
15.14 Prior Agreements Superseded. This Agreement repeals and supersedes any prior understanding

or written or oral agreements (express or implied) between the Parties. This Agreement, together with
any other documents executed by the Parties contemporaneously herewith, contains the entire
understanding between the Parties with respect to the terms, conditions and content hereof.
49

Page 68 of 88

15.15 Exhibits. All Exhibits referred to herein shall be considered a part of this Agreement as fully and
with the same force and eﬀect as if such Exhibits had been included within the text of this Agreement in
full.
15.16 Counting of Days; Saturday, Sunday or Holiday. The word "days" as used in this Agreement shall
mean calendar days unless a contrary intention is stated, provided that if the ﬁnal date of any period
provided in this Agreement for the performance of an obligation or for the taking of any action falls on a
day other than a Business Day, then the time of such period shall be deemed extended to the next Business

Day. The term "Business Day" as used herein means any day other than a Saturday, a Sunday, or a day on
which banks generally and public oﬃces are not open under the laws of the State of New Jersey.
15.17 Aﬃrmative Action. Should Redeveloper use any public funding or ﬁnancing for the, which requires
compliance with aﬃrmative action requirements set forth in P.L. 1975, C. 127 (N.J.S.A. 10:5-31 to 38), the
Redeveloper agrees that Redeveloper shall comply with said requirements and take reasonable action

directed at compliance by its contractors and subcontractors, if applicable. This provision shall not be
interpreted to apply to a tax abatement agreement or ﬁnancial agreement between the Township and the
Redeveloper or otherwise impose any obligation that does not apply under independent statutory
provisions.

15.18 Construction. The Parties acknowledge that this Agreement has been extensively negotiated with

the assistance of competent counsel for each Party and agree that no provision of this Agreement shall be

construed in favor of or against either Party by virtue of the fact that such Party or its counsel have
provided an initial or any subsequent draft of this Agreement or of any part or portion of this Agreement.
15.19 Non-Discrimination.

The Redeveloper shall not discriminate against or segregate any person,

or a group of persons, on account of race, color, creed, national origin, ancestry, disability, age, marital
status, sex, gender identity or expression, familial status, aﬀectional or sexual orientation in the sale, lease,
sublease, rental, transfer, use, occupancy, tenure or enjoyment of the Project; nor shall the Master
50

Page 69 of 88

Redeveloper itself, or any person claiming under or through the Redeveloper, establish or permit any such
practice or practices of discrimination or segregation, with reference to the selection, location, number,
use of occupancy of tenants, lessees, subtenants, sub lessees or vendees on the Project.

[This section is intentionally left blank.]

D
ra
ft
51

Page 70 of 88

IN WITNESS WHEREOF, the Township of Wall and K. Hovnanian at Peddler’s Village, LLC have
executed this Agreement as of the dates set forth below.
TOWNSHIP OF WALL

K. HOVNANIAN AT PEDDLER’S VILLAGE, LLC

By:____________________________
Name: Erin Mangan
Title: Mayor

By:___________________________
Name:
Title:

Dated:______________, 2026

Dated:________________, 2026

D
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ft
52

Page 71 of 88

Exhibit A

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ft

Page 72 of 88

SITE CONSTRUCTION PLANS
FOR

ORCHARD PARK RESTROOM FACILITY
AT

WALL TOWNSHIP, MONMOUTH COUNTY,
NEW JERSEY
KA
WA
R

ILA

HIA

GENERAL CONSTRUCTION NOTES:

ICK

NIA

NS
YL
VA

PUBLIC UTILITIES

PE
N

SITE LOCATION

ra
LOCATION MAP
SCALE: 1"=100'

EXISTING UTILITY NOTES:

Corporate Office:
1800 Rt 34, Suite 101
Wall, New Jersey 07719
732.312.9800

ALL WORK IS TO BE PERFORMED BY THE GENERAL CONTRACTOR UNLESS
OTHERWISE NOTED. ALL REFERENCES TO "GC", "CONTRACTOR", OR "GENERAL
CONTRACTOR" IS TO MEAN GENERAL CONTRACTOR FOR PURPOSES OF THIS WORK.

FPAengineers.com

New Jersey

New York

Pennsylvania

Georgia

ANDREW L. FRENCH, P.E.
PROFESSIONAL ENGINEER, N.J. LIC. No. 42894

COVER SHEET
FOR

ORCHARD PARK
RESTROOM FACILITY
BLOCK 314 LOT 6

Page 73 of 88

PENN

SYLV

ANIA

AVEN

SYLV

BLOCK 314
Lot 6

Lot 6

AVEN

D
BLOCK 314

ANIA

Corporate Office:
1800 Rt 34, Suite 101
Wall, New Jersey 07719
732.312.9800
FPAengineers.com

New Jersey

New York

Pennsylvania

Georgia

ANDREW L. FRENCH, P.E.
PROFESSIONAL ENGINEER, N.J. LIC. No. 42894

DEMOLITION PLAN AND
OVERALL SITE PLAN
FOR

ORCHARD PARK
RESTROOM FACILITY
BLOCK 314 LOT 6

Page 74 of 88

PENN

SYLV

ANIA

AVEN

D
BLOCK 314
Lot 6

ra
Corporate Office:
1800 Rt 34, Suite 101
Wall, New Jersey 07719
732.312.9800
FPAengineers.com

New Jersey

New York

Pennsylvania

Georgia

ANDREW L. FRENCH, P.E.
PROFESSIONAL ENGINEER, N.J. LIC. No. 42894

SITE PLAN
FOR

ORCHARD PARK
RESTROOM FACILITY
BLOCK 314 LOT 6

Page 75 of 88

PENN

SYLV

ANIA

AVEN

D
BLOCK 314
Lot 6

ra
”

Corporate Office:
1800 Rt 34, Suite 101
Wall, New Jersey 07719
732.312.9800
FPAengineers.com

New Jersey

New York

Pennsylvania

Georgia

ANDREW L. FRENCH, P.E.
PROFESSIONAL ENGINEER, N.J. LIC. No. 42894

GRADING AND UTILITY PLAN
FOR

ORCHARD PARK
RESTROOM FACILITY
BLOCK 314 LOT 6

Page 76 of 88

PENN

SYLV

ANIA

AVEN

D
Lot 6

” –

”

’

”
”

BLOCK 314

Corporate Office:
1800 Rt 34, Suite 101
Wall, New Jersey 07719
732.312.9800
FPAengineers.com

New Jersey

New York

Pennsylvania

Georgia

ANDREW L. FRENCH, P.E.
PROFESSIONAL ENGINEER, N.J. LIC. No. 42894

SOIL EROSION & SEDIMENT
CONTROL PLAN
FOR

ORCHARD PARK
RESTROOM FACILITY
BLOCK 314 LOT 6

Page 77 of 88

D
Corporate Office:
1800 Rt 34, Suite 101
Wall, New Jersey 07719
732.312.9800
FPAengineers.com

New Jersey

New York

Pennsylvania

Georgia

ANDREW L. FRENCH, P.E.
PROFESSIONAL ENGINEER, N.J. LIC. No. 42894

SOIL EROSION & SEDIMENT
CONTROL NOTES & DETAILS
FOR

ORCHARD PARK
RESTROOM FACILITY
BLOCK 314 LOT 6

Page 78 of 88

D
Corporate Office:
1800 Rt 34, Suite 101
Wall, New Jersey 07719
732.312.9800
FPAengineers.com

New Jersey

New York

Pennsylvania

Georgia

ANDREW L. FRENCH, P.E.
PROFESSIONAL ENGINEER, N.J. LIC. No. 42894

CONSTRUCTION DETAILS
FOR

ORCHARD PARK
RESTROOM FACILITY
BLOCK 314 LOT 6

Page 79 of 88

Page 80 of 88

Exhibit B

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ft

Page 81 of 88

Page 82 of 88

Exhibit C

ra
ft

Page 83 of 88

HINCK'S TURKEY FARM
BLOCK 807, LOT 11
APPROX R.O.W DEDICATION:
8,528.4 SF or 0.196 AC

ENGINEERS | SCIENTISTS | PLANNERS | DESIGNERS
1805 ATLANTIC AVENUE, MANASQUAN, NJ 08736
(TEL) 732.223.2225
(FAX) 732.223.3666
CERTIFICATE OF AUTHORIZATION #24GA27957200
VHB.COM
OWNER/APPLICANT:

K. HOVNANIAN NORTHEAST
DIVISION, INC.

80.0'

MATCHLINE - A

110 FIELDCREST AVENUE, 5TH FLOOR
EDISON, NJ 08837

MATCHLINE - A

PEDDLER'S VILLAGE
BLOCK 810, LOTS 1, 3, & 4
APPROX R.O.W DEDICATION:
12,428.3 SF or 0.285 AC

Know what'sbelow.
Callbefore you dig.

ATLANTIC MANOR
BLOCK 807, LOT 6
APPROX R.O.W DEDICATION:
11,507.40 SF or 0.26 AC

ft
MATCHLINE - B

MATCHLINE - B

RIGHT-OF-WAY LINE PER SURVEY

FOSTER MD
BLOCK 810, LOT 5
APPROX R.O.W DEDICATION:
2,697.8 SF or 0.62 AC

NORTH ARROW

NO.

DATE

ISSUE OR REVISION

REVISIONS
PROJECT:

PEDDLERS
VILLAGE
LOCATION:

BLOCK 810, LOTS 1, 3 & 4
TOWNSHIP OF WALL
MONMOUTH COUNTY, NJ
DRAWING TITLE:

ROADWAY
DEDICATION EXHIBIT

JOSHUA C. HANRAHAN
PROFESSIONAL ENGINEER
NJ LICENSE NUMBER 48119
PA LICENSE NUMBER 77750

DRAWN BY:

CHECKED BY:

AJL

JCH

SCALE: 1" = 30'
JOB NUMBER:

23077

DRAWING NUMBER:

R.O.W-01

DATE:

01.22.26

SHEET 1 OF 1

Page 84 of 88

Exhibit D

ra
ft

Page 85 of 88

43.4
47.7

41.0

36.6
37.0
36.1

42.4

40.4

44.3

36.3
34.9
37.5

35.2
41.1

34.9

40.6

37.5

35.6
36.6
36.4

48.6
48.5
37.4

36.0

37.9

37.1

37.2

36.8.3
37.6
35
36.6 .3
35 35.1 INV.=35.20
35.3
7.4
3
36.8

43.9

51.4

37.7
43.7

42.4

50.0

3"
5'- '-9"
5
8 62 AVENUE
ATLANTIC
2
45.0

47.7

52.5

(A.K.A. MONMOUTH COUNTY ALT. ROUTE NO. 524)
(A.K.A. WEST ATLANTIC AVENUE)

TWO WAY

47.3

ASPHALT WALK
OH

2
8039 60
59.8
GS

OH
OH

20" META
L

'
0 8.5 766

' L = 1

R = 4 85.00

W
W
W

OH
OH
GUIDE RAIL

CONC. CURB

W
W
W

APPROXIMA
TE LOC. 15'
WIDE WATER
EASEMENT
& R.O.W. PER
LINE
D.B. 4951
PG. 915

OH
OH
OH
OH

OH
OH

24" 52.5

EDGE OF PAVEMENT
OH

52.5

ASPHALT WALK
OH

EDGAR FELIX BIKE PATH

4
8051 10
59.1
GS

5
8052 70
59.0
GS

4'
90.24
'

(DEE
D)

53.2

52.5

52.1
G

"W 3

1"W

52.3
G

54' 0
5

18' 4

OH
OH

8.64
.66
TC 7 .34 78
8
BC 7

S38°

CONC. CURB

GUIDE RAIL

75
76

65
70
71

S28°

IRON PIPE
FND

51.9
G

390.2

W
W

77.8

52.4

22"

14"

12"

NEW JERSEY
STATE
HIGHWAY R
OUTE NO. 3

APPROXIMATE
LOC. SLOPE
EASEMENT PER
D.B. 1574 PG.
D.B. 1580 PG.
281
268, D.B. 1586
PG. 111

W
W
W

W
W

16"

52.7

16"

58.7

1
8052 70
59.1
GS

52.3

24"
8"

53.7

5
8051 90
59.6
GS

1 2
8085035010 0
575.47.93
GSGS 1
8051 50
57.7
GS
6
8052 30
58.2 0
S
0
G8 51 40
57.9
GS

ASPH.
CURB

62
OH

52.2

14"

52.4

14"

54.8
G

9
54.7

3
55.2

20"

44.3'

N4 2

317.7'

ASPH.
CURB

ASPH.
CU

0
55.9

1
56.6
OH

N/F LANDS OF
JERSEY CENTRAL POWER
& LIGHT COMPANY, A
NEW JERSEY
CORPORATION
D.B. 9345, PG. 2343

H. C
URB

ASP

8" PVC

175.0

' 00"W

' 00"E

° 00
S 42

° 00

EED
)

0' (D

CP
"R

235.0

26
5'9"

5' (D

EDGE

EED
)

OF PA
VEME
N

ASPH.
CU

RB
CON
C. C
U

N42

175.0

410.0
410.0
5' (D
5'
EED
)

' 00"E

° 00

N31
° 24
' 36"
65

66.4

BLOCK 810
LOT 33

12"

18"
12"

10"
8"

5
113.

N62° 48' 30"W 1654.46' (DEED)

58.8

52.7

20"

55.4

77.3

22" 75.2

52.0

12"

78.1
7.52
TC 7 .50
7
BC 7

55.5

24"

52.2

77.2

32"

16"

L =

66.4

65.1

N73° 23' 54"W

10"

52.34

12"

10"

16"

32"

12"

24"

10"

0'
5.0

6
8005512320
8
588.3.290
5
GSS
G

6
8004

70
57.7
57.9

59.2

3
57.3

7
8052 00
56.3
S
G

MON FND

7.78

55.7

10"

77.0

7.38
TC 7 .10
7
BC 7

20"

28"

77.2

54.8

14"

7
8050 50
56.7
S
G

63.1

58.9

03517
80580 350.620
55.75 S
S
G G

9
8052 40
55.5
8
8G0S52 90
55.2
GS

62.6

6
57.8

86.7

5243
880058003590108
.6
5544.654.610
S
G
G SGS

58.8

1
58.3
7
58.1 1,654.46'

20"

5
8004 30
60.1
S
G

3
8051 70
59.0
GS

8
8050 90
57.3
GS

7
8049 60
57.8
GS

9
8050 40
58.2
S
G

59.0

4
58.4

56.0

56.9

16"

59.1

OH
6.32
TC 7 5.97
BC 7

12"

792.86' (DEED)
57.7

7
8004 60
62.5
GS

55.3

8
8049 60
56.9
GS

0
8053 20
57.4
S
G

4
8052 80
55.6
GS

"/1

58.8

2 STONE
58.8

12"

52.6

54.4

14"

63.8

59.4

3
8049 70
61.4
GS

9
8051 60
53.5 950945.2
880S045 800
G
5533.9.95
GGSS

60.3

16"

L
ETA

0
8050 50
53.2
GS

RIM=58.91
INV. A=49.51
INV. B=49.61
2"±
PV
C

10"/12"± PVC

59.6

6
58.2

63.3

14"

4
8010 50
69.8
GS

0
8005 10
64.6
S
G

4 5
8049 00
55.8
S
G

59.0
59.9
59.9

59.5
60.1

3
58.9 .59
58

28"

18"

65.8

16"

M
20"

1
81009
8007 3607.220
66.1 GS
GS

5
8010 70
66.2
GS

5
8014 60
67.3
S
G

8
8041 40
62.9
GS

8
8047 70
61.9
G4S
8047 90
62.5
GS

0
1 STORY
8052 10
.4 K BUILDING
52BRIC
(PUM
S
P HOUSE)
G

30"

3
8006 70
66.2
S
G

2
8009
230
806047.0
20
63G.9S
GS

5
8011 10
67.3
S
G

61.2

9
8004 80
65.3
S
G

3
8004 40
RIM=59.52
0.0
(INV. UNOBTAINABLE) 6
S
G
(BEHIND LOCKED GATE)

8' HIGH C.L.F.

550061
0502880
0.7
0900
305
5 8
8044953.70 45.3 445S.1
GS GGS
45.5
GS

8
8004 20
61.1
S
G

9
8048 70
62.7
S
G

4
8048 90
61.7
GS

59.3 59

2.4

0
8049 20
53.3
GS

58.9 59.1

50.2

0 EDGE OF PAVEMENT

59.0

9
59.0

59.3
60.2

EDGAR FELIX BIKE PATH

TERMINUS
UNKNOWN

6
8048 30
45.7
S
G

59.4 9.5 59.4
5

59.4

12"
16"

65.9

20"

53.2
22"

12"

54.2

22"

16"

12"

0
8001 70
64.7
GS
9
0
800 00
65.9
GS

6
8010 70
63.0
S
G

30
80
61
80116440.850
64.3 GS
GS

6
8014 20
65.6 0162
8
GS 6.350
6
GS

9
8047 50
59.7
GS

1
8049 50
45.1
GS

6
10

48.5
GS

59.5

59.7

24"

12"

22"

57.4

10"

14"
8"
24"

8
8000 30
65.1
GS

7
8005 80
63.5
GS

4
8006 50
64.3
GS

62.4

64.9

66.5

54.2

60.1

16"

10"

62.0

61.4

3.1
14" 6

12"

2
8008 70
58.6
GS
1
93
03
807
8001 50 80
40
90
0.9
6.8
61.5
60
S
S
GS
GG

6
8000 50
63.1
GS

7
8000 40
64.2
S
G

7
8010 20
459.2
8009 80S
G
58.6
GS

8
8017 90
66.8
GS

1
8005 10
64.2
GS

5
8047 80
58.1
GS

0
8048 80
51.2
GS

46.4

6 ASPHALT WALK
59.7

60.2
60.4 OH

14"

10"

14"

53.1

56.9

58.7
12"

5
8006 20
63.2
S
G

5
8000 60
64.0
S
G

7
8011 90
60.8
GS

58.1

6
8019 20
66.4
GS

8
8046 00
57.3
GS

5
8048 5502.6
52.9
GS

47.3

59.3 G

62.1

66.2

20"

10"

60.8

12"
8"

53.1

12"

76.0

12"

75.8

57.7

12"

62.5

64.0

10"

TERMINUS
UNKNOWN

16"
14"

64.4

8" 55.5

61.2

26"

52.8

12"

66.9

10"

16"

61.0

66.3

12"

12"
12"

10"

16"

12"

62.4

52.6

12"

26"

12"

66
85070
.4 0
9
57.5
S
G

1
8013 10
62.3
GS

63.4

5
8041 90
45.4
GS

9
67
8047
90
45.6
GS

60.5

16"

59.5

18"

12" 16"

63.3

74
9800
8005 2054.650
54.4 GS
GS

5
8009 30
56.2
GS

3
8008 00
55.5
GS

7
8014 70
62.9
GS

61.8

9
8017 60
63.5
S
G

2
8480504.0427000
4455.1.040
GGSS
1
8042 50
46.9
S
G

45.8

ASPHALT WALK

10"

52.3

51.88

64.2

65.5

54.5

8
8010 90
56.8
GS

2
8013 40
60.2
GS

6
8030 80
65.4
S
G

7
4828
880048.26700
44551.2
8048G6SS0
G
45.1
GS
46.4

46.6

2
8049 10
45.3
GS

14"G

8"
10"
8" 8.9
5
10"

10"

59.2

52.1

12"

20"

10"

4
8000 50
62.0
GS
8
8005 80
62.4
GS

8
8011 20
57.9
GS

0
8018 50
62.0
GS

0
60
64.5
GS

.229
6840

62.6

3 214
8032 5080 .570
8
59.3 5 S
G
GS

3
8039 40
58.8
S
G

7
8045 30
57.2
GS

0
8043 50
3
56.8
8044 70
S
3
G
57.1
7
3
80 10
5
8
S
3
G
80 40
57.6
56.9
GS
GS

4
8038 10
59.4
GS

3
8042 10
45.2 .1
GS 45

45.9

45.6

1
8047 40
45.1
GS

60.6

59.6 G

59.8

51.9

10"

14"

74.3

54.6

26"
12"

12"

54.7

18"

12"

10"

57.7

20"

4
8040 80
60.8
GS

4
8039 90
55.7
GS

8
8045 00
54.9
GS

59.657.8 58.9
59.3

18" 51.7

51.2

10" 12"

14"

52.04

52.01

RIM=51.87
INV. A=44.89
INV. B=44.82

30"

26"
18"

BLOCK 810
LOT 1

55.6

16"

74
4.54
TC 7 4.23
BC 7

20"

55.5

18"

55.0

10"

73.0

14"

18"

14"

6
61.7

4
8005 00
59.6
0053 0
8
GS60.28
GS

7
8006 90
53.4

3
8016 40
61.6
GS

8
8014 90
60.6
GS

8
8019 60
63.0
S
G 3
80721 70
8016936.8
0
63.8GS
GS

1
8027 30
62.9
S
G

8
8001 5 0
63.4
S
G

7
8030 10
62.6
GS

5
8039 90
54.3
GS

61.2

INV.=45.53
8049

45.6
45.6

APPROX. LOC.
EDGE OF PAVEMENT 51.2
861.60' (DEED)
18"
18" 18"
10"
10"
55.4
14"
8"
18"
56.310"
18"
10"
14"
10"
59.4
10"
8"
8"
20"
58.3.6
10"
18"
59
.4 .8
8"
8
10"
5
.1
10"
59
58 10" 10"

52.0

14"

10"

66.1

14"

10"

12"

0
8000 40
61.8
S
G

50
54.0
GS
3
1
800 870060
54.8 538.3030012
GS GS54.200
GS

60.1

59.4

57.3

2
8027 80
58.0
S
G

6
8035 50
59.1
GS

5
8040 70
56.2
GS

2
8041 70
60.4
GS

48.7

83
45.6
4
72 804
8042 40 804 5046.280
.7
5.3
5
4
.1
4
S
6
4
G
GS
GS

9
8041 00
6.3
5.6
56
S
G

60.6

EDGE OF PAVEMENT

60.6

61.7

59.8

6
8047 60
0
8042 10 50.6
GS
50.3
GS

3
8041 30
53.5
GS

51.6

16"

51.5

ASPHALT
PAVEMENT

51.0

PV
C

65.5

18"

20"

30"

26"

55.4

18"

54.9

16"

18"

53.7

10"

8"
8"

12"

16"

14"

18"

55.0

20"

61.8

14"

10"

24"

52.25

52.67

14"

10"

3
8000 10
61.5
GS

548.5
0061

6
8007 0906
5830.20 50
3.5
S
5
G
5
8007 90 GS 54.3
53.2
GS

9
8014 00
55.3
GS

3
8013 80
54.8
S
G

1
8018 60
57.9
GS

55.4

4
8016 30
55.5
GS

2
52.15

8
8009 90
51.8
7120
S
80089000
50
4 G
51.8
51.7
8008 80
GSGS
52.1
S
9
G
8011 00
54.1
9
GS
8010 50
53.7
GS

56.6

4
8032 30
55.2
GS

2
8034 30
54.7
GS

7
8035 10
56.4
S
G

2
8037 60
59.1
GS

BLOCK 810
LOT 33

61.5

50.8

50.92

52.9

52.28 PAD
52.17

8" PVC

50.9

14"

59.8

51.09

CONC.

10"

20"

12"

10"

14"

54.7

8"
8"

72
2.75
TC 7 2.39
BC 7

24"

10"

22"

10"

12"

64.3

6
8005 70
055
5870.7
90
S
G
56.8
GS

2
8006 70
56.7
GS

4
8013 60
.1
S
G

2
8018 40
55.1
S
G

8
8030 40
59.3
GS

57.5

55.8

10"

6
61.6

8
8006 20
54.1
GS

5
8016 10
53.3

0
8015 10
52.6
GS

3
8027 80
54.4
S
G

9
8019 20
55.4
GS

3
8023 10
52.3
S
G
5
1
802 20
54.3
GS

4
8026 30
53.0
GS

57.4

6
8040 00
51.9
GS

6
8039 40
51.1
GS

4
8044 2800456
57.0 57.350
GS GS

47.6

4
4
8041 00
48.8
GS

3
8034962710
88004476
.56800
.6
7.7
447G
S
S
GS
G

1
8046 00
49.9
GS

5
8044 90
55.7
56.5
GS

1
8043 40
54.3
GS

61.4

8.8

9
8045 50
53.9
GS

6
8044 00
54.5
S
G

61.0
61.8
9
62.1

0
62.5
62.6
6
62.5
.1
2
6

18"

TC 50.38
BC 50.25

52.2
51.8
50.8
50.5
51.4
51.4
50.7 10"

52.1

10"

59.4

59.9
61.0

50.1

14"

10"

14"

12"

58.7

6
8008 90
53.8
GS 80085
20
52.5
GS

7
8007 60 53.1
53.6
GS

5
8013 70
51.5
S
G

0012212 0
80818011
.8
0790
5115.8
525.2
S
S
G
G GS
52.3

9
8009 20
52.5
S
G

52.5

9
8030 80
54.9
GS

6
8021 20
51.1
S
G

RIM=50.77
INV. A=42.83
INV. B=42.96
INV. C=43.14

64.3

14"

9
8006 30
60.6
GS

2
8000 40
61.9
GS

8
00
55.2
GS

6.0
007
58

62.7

61.3

9
8007 50
59.0
S
G

53.2

53.1

6
8016 70
51.8
S
G

5
8032 20
52.8
GS

TC 50.62
BC 50.46

62.8

63.5

60.5

0
8007 30
61.6
GS

5
8001 10
63.1
GS

1
8000 30
61.9
GS

7
8008 20
56.9
GS

4
8027 80
52.0
GS

0
8020 90
52.2
GS

1
8015 40
51.8
GS

3
8012 70
53.0
GS

1
8011 40
54.5
GS

0
8010 20
55.0
54.7
S
G

2
8015 40
52.1
GS

6
8013 20
52.6
GS2.3

4
38
8024
00
50.5
GS

53.8

6
8038 90
56.0
GS

8
8035 00
54.5
GS

3
8034 10
51.9
GS

54.0

4
8001 30
62.6
S
G

1
8010 50
58.0
GS

4
8012 50
55.3
GS

0
8031 90
51.0
GS

50.9

7
80621
8032 700.210
50.35 S
G
GS

12"

18"

63.8

71.2
12"

30"

12" 14"

24"

18"

7
8001 30
62.9
GS

2
8011 00
56.4
GS

4
8018 40
50.6 183
80 90
S
G
8
7
8016 00 515.00.7
GS
51.1
GS

5
9
8023 280024 0
1
49.7 49.6
S
S
G
G

53.34

BOLLARD
(TYP.)

50.39

16"

71.0

12" 74.5

14"

10"

18"

12"

51.151.6

12"

62.1

8
8008 40
59.1
GS

53
7
8013 70801 60
54.8 53.8
S
G
GS

55.0

5
8027 50
50.4
GS

1
8031 90
49.3
GS

2
8043 50
51.8
GS

ASPHALT WALK

9
8039044007
8
46.9
.970
S46
G
8
8039 40 GS
47.3
GS

4
8046 00
47.9
GS

0
8046 30
52.4
GS

50.4

9
8040 50
4460.58
80G
S60
46.6
GS
46.6

48.1

7
8044 30
52.9
S
G

3
8043 00
50.0
S
G

4
8037 50
54.0
GS

47.7

0
8040 50
47.3 46.7
GS

51.7

4
8043 40
49.0
GS

54.9

0
8036 70
50.4
GS
9
8035 50
52.5
S
G

4
8034 40
50.8
GS

TC 50.14
BC 49.97

32"

58.7

0
8008 70
61.2
S
G

6
8001 30
62.8
S
G

2
8010 60
59.6
GS

9
805126.410
52.5
GS

50.3

9
8021 70
48.9
S
G80218
30
49.1
GS

49.98

CONC.
PAD

14"

58.6

14"

0.81
TC 7 0.46
BC 7

14"

16"

A
GR

4
3.

60.6

9
8008 00
61.2
GS

5
8018 80
51.0
GS

12
2 803
8029 50 49.120
49.5
S
G
GS
1
8029 60
50.2
S
G

50.11

12"

16"

61.8

18"

56.2

12"

14"

16"

24"
14"

10"

S19° 27' 00"W
25.50'

12"

57.5

5
8012 90
57.4
GS

3
8011 30
58.6
GS

2
8020 80
50.4
01
GS 802 30
50.5
GS

3
8029 20
0.0
57
80227
6
7
0
8500.1G31S
.1 0
5G0S
GS

5
8034 60
49.9
GS 51.4

63.4

10"

26"

22"

14"

10"

12"

18"

60.4

H
O

1
8008 70
62.2
GS

6
8018 50
53.4
GS

0170 0
48
2
8015 90 54.0
54.9 GS
S
G

8
8013 20
56.2
GS

1
8025 60
48.6
S 49.1
6
3
G
2
80 70
48.7
50
GS802 30
49.0
GS

51.2

54.5

6
8034 30
49.1
GS

1
8040 90
48.8
GS

1
8045 60
48.9
GS

2
63.0
OH
62.9

6
8041 10
45.8
0
S
8041 30G
46.9
GS

49.9S

49.2

8
8044 20
50.8
S
G

7
8038 20
52.3
S
G

0375 0
3
51.5
GS

7
8023

804 40
49.1
GS

8
8038 30
50.4
GS

81.4
5

0
8.8
44
8.78

63.5

A
18"
SS 1
63
RE TS
EG LO
M
D
AN FRO
7
S
12"
ES AND . 67
63.8
G
GR
IN TO , P
S NT 38
12"
OS ME . 50
R
C SE .B
EA R D
E
P

0
8009 30
61.6
GS

7
8032 90
49.8
GS

1
8022 70
49.3
S
0
G
2
802 90
49.0
S
G

2
8040 60
50.8
G

7
8046 50
51.4
GS

62.0

62.9

3
8047 50
48.3
GS

7
8401411 70
80
7.0
474.5S
G
47.4
S
G

80
48.7

2
8005 60
49.5
GS

49.1
49

51.6

50.7

0
8045 20
48.7
GS

389
2 80
0
8036 20 49.01
48.8
GS
GS

.51
80439 6 90
49.5
S
G

8 52
802830720 50
48.6
49.0
GSGS

62.3

5
8046 70
49.6
GS

90452
804380
0 60
50.049.9
GS GS

6
8043 650
43
4880.3
70
G
48S.4
GS

6
80357000
49.9
GS

63.7

62.8

64.4

50.6

48.5

7
8002 00
646.1
2.0
S
G

6
8046 40
50.8
1.1 S
5
3
G
8045 10
51.2
GS

52.1

48.7

0
8039 0
3 48.31
8036 10
GS
48.2

8 7
84034 70
48.6
GS

12"

18"

55.5

L/
VE

14"

22"
OH

N
SA

14"

61.9

8
8032 50
50.7
GS

9
8023 00
50.0
GS

2
8022 80
50.2
GS
49.7

3
8031 50
50.6
S
G

9
8037 00
49.8
GS

3
8025 10
49.3
S
G

4
8045 50
51.9
GS

8
8043 0
5 49.06
8042 90
S
G
.1
49
7
GS
8043 20
48.7
GS

8
8037 60
48.7
GS

5
8026 90
48.2
GS

50.3

12"

10"

57.6
8"

57.2

58.1

14"

12"

63.8

16"

14"

10"

12"

10"

10"
24"

56.3

INV. B=49.69

20"

52.1

52.8

30"

18"

EXIT
ASSOCIATES INV.98
C=52.88
22"
INV.
D=50.81 L.L.C.
TERMINUS
HARAHAN,
62.7 10"
12"
INV. E=49.71
UNKNOWN
D.B. 9216, PG. 8606

62.0

70.2

57.6

14"

59.8

18"

10"

14"

10"

3
8010 50
61.1
GS

3
8022 00
51.8
GS

RIM=49.88
(FILLED
W/DIRT)

62.8

1°

'
43

26"

8"
12"

22"

12"

57.8

14"

"
50

10"

14"

56.1

18"

14"
16"

14"

(

56.1
24"

12"

E
DE

67.9

58.3

GRT.=67.60
INV. A=62.04
INV. B=RECESSED

3
69.0
9
8.66 6
TC 6 0
8.5
6
C
B

12"
26"

58.4

8"
14"

30"

10"

2
10

SHED INV.
A=49.93
N/F
LANDS OF

16"

42"

CONC.
PAD

58.8

0
8024 00
51.3 50.5
GS

4
8025 50
49.9

5
8015 70
56.9
S
G

51.7

7
8018 40
53.9
S
G

56.8

6
8012 70
4.0
8015191
0
.6
S
9
G
5
GS

4
8020 50
53.2 80203
GS 51.900
GS

1
8024 00
51.6
GS

3
05
8045
70
53.0 52.6
S
52.1
G

6
8042 40
50.3
S
G

57
88003367700
2
4488.0.0
4
1
S
S
6
9
G
80G3 00
48.0
GS

48.2

9
8027 20
52.1278294
80S 8090 60
G
51.451.1
GS GS

53.4

59.9

4
8031 60
51.3
GS

5
8029 30
51.9
GS

7
8026 30
49.4
GS266
80 30 80348
49.1 48.240
GS
GS

57.1

51.2

5
8025 50
50.8
S
G

49.5

03066
8083591.1050
494.3S
S
GG
9
8034 40
48.6
GS

TC 50.07
BC 49.96

5
8020 10
54.0
GS

8
8026 90
50.3
GS

6
8025 60
51.5
GS

2
8024 50
52.2

4
8022 20
52.1
GS

9
8032 60
52.1
S
G

5
8031 00
52.4
S
G

6
8029 00
52.6
GS

0
8028 40
53.4
S
G

55.2

8
8018 50
55.4
S
G

52.4

9
8026 70
52.4
S
G 51.7

10"

51.2

16"

62.2

16"
18"

18"

14"

RIM=56.13

CONC.
PAD

56.09
55.94
56.09

1 STORY
FRAME BUILDING
# 1407
(ABANDON)

TC 49.89
BC 49.72
49.78

TC 49.76
BC 49.64

49.75

TC 50.20
BC 50.14
50.53
50.41

9
30
8014
20
58.3
GS

61.2

9
8018 60
55.6
GS

5
8022 50
.5
5522.5
S
G

0
8033 00
52.5
GS

53.3

7
8029 30
52.9
1
8
S
2
80 10G
53.7
GS

6
8020 10
54.8
GS

55.5

2
8017 20
56.5
GS171
80 20
56.4
GS

6
8015 50
57.0
GS

8
8029 90
53.9
GS

2
8028 00
54.5
S
G

55.8

7
8025 70
53.0
GS

6
8022 30
53.3
S
G

1
8033 70
53.1
S
G

6
8031 70
53.8
GS

54.2

53.6

49.95

56.54

2914"

14"

BOLLARD
(TYP.)
55.9

' 62.4

PIPE

12"

58.6

59.8

14"

60.8

10"

6.98
TC 6 6.78
BC 6

66.6

20"

10"

14"
8"

58.4

61.0

INV. C=51.35

24"

18"

RIM=56.19
(FILLED
22"
W/DIRT)

GRT.=55.34
INV. A=50.56
24" INV. B=51.11

16"

5.09
TC 664.84
BC
2
66.5

62.0

22"

12"

59.4

20"

12"

D PE
AN AS
NT L G
ME RA
SE TU 0
A
E NA 38
E
.
ID FOR PG
' W . 6,
10 O.W 76
10"
R. B. 2
D.
10"

14"

D)
EE
(D 42"

12"
10"

12"

CONC.
PAD

1°
820"

26"

.
NC
CO PAD

56.65

10
"W
50 14"
3'

16"

14"

12"

60.1
59.7

8
80810210207
0
595.8
9.61
S
GGS

0
8019 50
55.0
S
G

3
8017 20
57.3
S
G

7
8015 60
57.7
GS

1
8014 50
58.5
S
G
58.0

3
8028 70
55.3
GS

2
80335730.6
53.8
S
G

7
8031 50
54.3
GS

9
8029 10
54.8
S
G

55.4

3
8033 10
55.4
5
G5S

55.5

8
80301 10
80350.8
5 40
55.8S
G
GS

7
8020 70
57.6
GS

1
8019 00
58.3
GS

4
8017 20
58.1
GS

8
8015 60
58.2
GS

2
8014 50
59.8
59.5
S
G

9
8012 30
60.7
GS

5.0
80157970
59.1
S
G

9
8015 60
60.0
GS

3
8014 50
61.2
62.0
S
G

56.9

4
8028 30
56.6
GS

7
8022 20
54.6
GS

49.82

50.9

APPROX. LOC.
EDGE OF PAVEMENT

.4
18" 50

50.5

50.1

61.6S

P
PI

52.82

N
CO

90
59.7
GS

0
8016 10
62.0
GS

4
8014 60
62.8
S
G

1
8030 00
57.4
S
G

7
8036 50
50.3
GS

7
63.6

64.4

6
64.9OH

63.6

0
8044 90
51.7
S
G

7
8042 60
51.9
GS

50.3

8
8025 40
54.0
GS

3
8024 80
54.3
GS

56.65

6
60.88017

57.0

P
RC

17
88001167200
.17
6644.2
S
G
GS

54.3

64.5

1
8035 60
52.2
S
G

NC
CO

63.1

ASPHALT

0
8027 40
53.3
GS

8
8036 60
51.8
S
G

4
8033 20
56.7
S
G

9
8025 30
54.3
GS

TW 53.02
52.50

58.9

8 55.8
8022 50
55.4
GS

9
8031 40
58.5
S
G

55.1

1
8 8044
8042 70 52.610
53.5
S
G
GS

0
8038 20
50.8
GS

52.0

02309 0
808129.2
301
626.4S
G
S
G
2
9
801 60
59.0
59.7
8
GS
8020 00
58.8
S
G

5
8033 40
57.8
S
G

2
8035 90
54.6
GS

56.66

S 54.3

CONC.
PAD 56.9

5
8028 30
60.3 80302
GS 60.060
GS

9
80282082044
00
57.0
56.9
S
G GS

1
8038 20
52.3
GS

9
8036 60
54.1
GS

TW 53.43
TW 52.92
56.3

EM
CO
EM

65.2

3
8030 60
61.0
S
G

61.0

0339 0
0 8
5
8026 10 56.3
56.5
GS
GS

0
8021 10
63.9
GS 80286 0
1
62.3
GS

57.8

54.3

56.62
PE
PE " PI
PI
8
CP
6"
"R
D
15
C
56.5
E

4
.9

16"

10"
18"
GRT.=55.60
INV.=52.2±
12"
10" (RECESSED)

65.3

16"

62.6

60.2

64.6

16"

62.710"

60
61

55.9

72"

18"

14"

10"

61.5
63.3

12"

60.6

12"

63.3

12"

18"

CO C

55.94
56.5

CONC.
PAD

55.2

52.52

SHED

0
8032 40
60.1
GS

63.7

594
80810910030
5.6
656.7
S
S
GG

0
8023 30
58.1
GS

6
8033 70
59.2
S
G

49.52

50.7
18"

22"

51.0

56.60
56.64

L.S.A.

AL
W

D
OO
W

.
.A

53.2

59.6

6
8002 2605.39
65.1
GS

7
65.9

53.9 GS

2
8038 50
53.7
GS

0
8037 70
54.6
GS

4
8030 50
62.8
S
G

65.5

1
8026 60
57.3
GS

5
8024 50
57.9
GS

3
4
8035 60
55.3
GS55.1

0
8034 40
56.6
GS

64.7

2
8044 80
53.8

3
80830849209 0
4.19
545.4
SS
GG

16"

A
/S

56.2

56.5

S 55.9
FD
A

6
8024 10
58.3
S
G

1
8023 00
59.0
GS

60.7

1
2 8034
8026 60 56.810
57.9
S
G
GS

52.82

62.4

8
65.2

2474
65.522
UP JC 189 WL

1
8037 0
5 5.77
8035 60 5 S
G
.5
6
5
56.6 GS

56.2
.
NC

53.9
56.2

52.00

CONC.
EM PAD

TW 53.27
BW 52.01

52.9

2
8021 50
.4
661
2S1
80G
90
66.0
GS

7
8024 60
58.7
GS

7
8033 60
2
8023 40
60.4
59.7
GS
S
G

TW 52.77
52.9

52.41

5
8030 3 0
63.2
S
G

3
8026 5 0
58.6
S
G

TC 51.62
BC 51.50

5.7

86
8028 80
65.1
GS
7
8028 3 0
63.9
GS

8
8033 20
61.8
GS

2
8032 80
62.3
GS
1
8032 10
61.1
S
G

TW 52.93
TW 52.78
53.6
BW 52.34
53.8
3
56.2
52.9
56.0
52.5
TW 52.93
55.9
55.2

51.91

ASPHALT
PAVEMENT

51.56

TC 51.84
BC 51.52

55.5 56.6
TW 56.64

TW 53.41

51.41

51.44

L
HA
SP

63.0

61.7

58.4

GR
OH

CONC.
PAD

52.8
TW 53.41
56.6

52.1

EL
AV

P.O.B.
(LOTS 1 & 3)

12"

64.1
63.8

60.4

16"

20"

57.09
56.20

14"

12"

63.2

55.9

CONC.
PAD

56.66

26"

CONC.
PAD

1 STORY
FRAME BUILDING
(ABANDON)

56.68

56.5

10"

IRON PIPE
FND

2.93
TC 6 2.70
BC 6

1.93
TC 6 1.77
BC 6
9
.5
62

BOLLARD
(TYP.)

12"

CONC.
PAD

53.0
53.3

56.63

TW 52.94

TC 51.61
BC 51.49

TC 51.53
BC 51.47

14"

56.5

56.6

N
CO

56.5

80 70
65.6
GS

63.0

9
8028 40
66.0
GS

65.8

5
8002 2066.44 0037
8
OH
66.4
50OH
65.3
GS
GS 64.0

9
66.8 036

80 661.8020
65.8
GS
GS

5
TW 52.73
TW 52.43
52.46
TW 52.61
BW 52.40

52.37

4
0
67.5
8003052

56.3

56.73

3
8
80082 67.9
800373.6000OH
6
66.7 S
G
GS

68.5

49.8

2
8002
80 80 68.470
67.7
S
G
GS

6
69.1039

49.8

RC
P

PH
AS

FLAGPOLE

50.8

1.16

TC 49.69
BC 49.56

RB
CU

66.4

GRT.=51.99
INV. A=47.29
INV. B=47.32
(WIRES INSIDE)

62.0
A

62.3

SS
RE TS
EG LO
ND OM
57.00 SS A D FR57.63
E AN
7
GR
67
IN TO
G.
S NT
,P
OS ME
38
CR SE 3 50
EA AND .B.
1 RD
8"
PE

. 57.2
.A

49.36

.
PH

219
0 80609.6
8004 1069.480
68.7 GS
GS

70.2

66.8

51.10

HEADWALL
TOP OF WALL= 48.55
INV.=46.72

701
8004 0OH
0
70.1
GS

50.2

RIM=52.19
INV. A=41.81
INV. B=41.97

50.8

50.2

16" CIP

0
8002 20
70.0
S
G

.73

67.3

67.6

50.67

49.61

49.6

TC 49.6449
BC 49.46
49.3

8
71.1

53.5

68.2

53.8

50.3

53.0
51.0

54.8

16"

54.7

PH
AS

53.4

56.1

52.7

TC 50.21
BC 50.08

TC 50.13
BC 50.09

50.94

50.3

10"

68.8

TW 52.84
TW 52.70

51.70

TC 49.87
BC 49.76

50.6
52.7
50.2

50.83

10"

57.5
53.4

18"

10"

52.8

14"

53.3

TC 49.65
BC 49.58

55.5

12"

44"

12"

49.23

5049.3

50.66
49.7

62.2

53.1

10"

51.0

HEADWALL
TOP OF WALL= 49.15
INV.=44.24

WF-A13

50.0

10"

16"

A
W

D
OO

TW 52.95

9
TW 52.79
52.6
TW 52.64
.
56.4
NC
BW 51.77
CO
TW 52.75
56.5
TW 52.75
52.1
56.6
TW 52.85

TC 51.48
BC 51.38

TC 51.49
BC 51.41

TC 50.86
BC 50.80

TC 50.85
BC 50.77

51.68

RIM=49.95
(FROZEN SHUT)

ASPHALT
PAVEMENT

51.4 49.9
50.7

61.1

12"

50.9

54.4

70.0

52.3

15" RCP

TC 49.95
BC 49.73

51.0
50.7
TC 50.19
BC 50.05

TC 49.68
BC 49.58

P
AS

18"

20"

28"

70.8

51.19

TW 52.61
BW 51.90

TC 49.70
BC 49.59

TC 49.94
BC 49.78

52.5

28"

91
80071
1.40
3 042
71.280 .300
GS 70
S
69.0 G

12"

49.15

50.4

52.03

50.87
TC 50.76
BC 50.60

TW 52.38
BW 52.20

TC 49.48
BC 49.35

TC 49.39
BC 49.34
BC 49.33

49.2

50.0

RB
CU

49.5

49.32

TC 49.41
BC 49.37

49.47

49.40

48.85

TC 51.08
BC 50.91

12"

WF-A19

TC 49.73
BC 49.51

TC 49.94
BC 49.74

.
PH

22"

10"

4
71.3

49.49

50.12

49.81

TW 52.89

51.10

ra
8"

9.44

TC 49.33
BC 49.1949.28

14"

TW 52.94

56.7
57.3

'
9.0

GRT.=56.22
(FILLED W/DEBRIS)
(NO PIPES VISIBLE)

56.58

56.53

L
L56.5

REBAR

49.9

53.6

49.5

49.9 49.2 20"
444.8.8
4 5.0
4
48.4
48.9

WF-A12
26"

18"

45.0
.8

44 .1
18" 16"
45
36"
48.7

14"

REBAR
REMAINS
WF-A14

50.93

53.0

52.03

TC 51.33
BC 51.26

49.24

18"

44.9
44.5
45.4

9.65
TC 4 9.52
BC 4

TC 49.71

TC 51.50
BC 51.42

57.19

55.9 56.5
TW 53.49

50.39

12"

WF-A18

.41

C
H.

16"

53.0

50.3
44.4
49.1

9.25
TC 4 8.79
BC 4
49.08

49.3
48.7

BW 44.29
49.31

22"

WF-A16

48.8 18"

WF-A17

22"

TC 50.26
BC 50.10

S
L.
L.

56.4
55.0

51.01

9.84
TC 49.70
BC 4

10"

TC 49.80
BC 49.64

D
OO

59.66

TW 53.44
53.5
TW 53.99

50.14

TC 50.28
BC 50.18

TC 49.91
BC 49.81

62.2

RIM=62.66

56.46

58.03
. 57.1
.A
57.2
.S

L
AL
W 56.5

61.8

56.84

55.9

GRT.=61.63
INV. A=57.33
INV. B=57.42

1.39
TC 61.19
BC 6

60.7

A.
S.

57.2

TW 53.99

52.1

TC 51.62
BC 51.57

TC 50.58
BC 50.15

49.91

49.11

9.34
TC 4 9.06
BC 4

48.8
49.08
9.28
TC 4 9.12 REBAR
4
C
REMAINS
B

44.9
45.0
45 20" 49.8

10"

26" 4

44.5

44.9
22" 44.4
44.6

454.3
WF-A15 REMAINS
.6
4 .8
444
49.2
4 .4
.4
48.89
8"
8"44
7
24" .5 7.9
TC 49.21
48.9 0
C
4
.8
45
T
8
.8
8"
4
8
BC 49.09
BC 4
C. T
TC 49.24
LO EN
BC 49.13
X. EM

V
O
14"
PR PA
AP OF
48.8 GE
48.5 ED
49

10"

WF-A11

26"

45.1
44.4

44.9

20"

53.5

8"
10"

8"
22"

45.4 14"
43.3

10"

26" 45.4

5.918"

ASPHALT
PAVEMENT

49.42

49.2

14"
22"

P
AS

BLOCK 810
LOT 6

1.60

16"

18" 48.4

WF-A10

6" PVC PIPE

458"

10"

12"

44.7

18"
16"

50.6

26"

12" 26"

14" .2

12"

WF-A7

14"

50.7

14"

10" .6

49.46

)

9.22
TC 4 8.94
BC 4

44.3
44.8

TC 50.33
BC 50.24

18" 45
12"

49.9
.7
50
10"
24"

TC 51.54
BC 51.49
51.14

60.1

61.5
EM

57.48

56.53

57.3

52.7

50.28

TC 49.41
BC 49.36

TC 49.36
BC 49.29

WF-A22

44.0
49.8

10"

43.0

.
PH
AS

54.0

16"
10"
20"

52.9

12" 5.8

14"

TC 52.06
TC 52.06 BC 51.94
BC 51.96

51.4

TC 50.96
BC 50.70

60.26

TW 56.72

57.3

56.7
8

TW 53.45

TC 50.71
BC 50.52

9.76

BC 5

16
21

55.76

56.3

56.4

TW 56.29
BW 55.71

TW 54.96
BW 54.28

52.0

SIGN

ASPHALT
PAVEMENT

56.6
56.6

BC 49.56

50.06

9.79
TC 59.53
BC 5

18"

59.10
BC 53.25

TC 53.42
BC 53.05

51.41

51.07

54.1

WF-A9 14" 18"
8"

TERMINUS
UNKNOWN

.
NC
CO

WF-A6

52.2

14"

14" 10"

12"

48.1
44.8 43.8

14"

50.014" 18"
16"
10"
49.116"
8"
51.3
44.6
44.0
8"
.1
4
22"
4
8"
TW 47.39
14"
8"
TW 47.60
49.6

51.9

48.6

51.8

53.0

MAN-ALTERED STATE
OPEN WATER
DELINEATION LINE
(SEE NOTE 2)

18"

TC 49.77
BC 49.64

30"

'
.1
44

6" PVC PIPE
12"

GRT.=51.67 WF-A5
8"
INV. A=47.54
INV. B=47.14
10"
24"

20"

18" REBAR
10"
44.0
REMAINS
44.3
WF-A21
43.8
432.2.9 49.2
49.71
12"
12" 4 3.0
4
49.26
43.9
WF-A20
49.1 .52
14"
9
TC 4 9.29
49.4
BC 4

50 16"
12"

51.7

.C
PH
AS

UPSIZE EXISTING STORM
SEWER PIPE OR INSTALL
NEW PIPE ALONGSIDE
EXISTING PIPE

WF-A3

20"

WF-A4
CONC.
WALL

0
52.9

16"

18"

6" PVC PIPE

TC 49.74
BC 49.64

49.22

49.5

48.5

49.1

51.8

45.1
20"
44.3
48.5
45.5
16" 16"44.6
.5
43
REBAR
10" 5.2
48.2 REMAINS
4

10"

47.7

48.6
47.9

10" 51.0
16"

50.6

49.61

49.33

TC 48.78
BC 48.60

49.55

57.5

5
59.3 5
9

59.11

TC 51.68
BC 51.52

55.0

TC 49.70

BC 49.62

22"

N/F LANDS OF
ATLANTIC MANOR
5
52.1
ASSOCIATES
BLOCK
D.B. 810
9477, PG. 6602
LOT 6
1.98

12"

49.0

49
9

TC 49.78
BC 49.62

56.05

54.24

50.57

TC 50.17
BC 50.06
50.2

49.0

HEADWALL
8"
48.0
TOP OF WALL= 42.35
464.05.8
INV.=40.17
46.9 50.3
41.5
39.7 41.4.6
49.58
41.9 41
49.7

12"

E
"E
10
6" PVC PIPE 51.3
7'
° 0 WF-A8
51.5

52.6

TC 48.98
BC 48.96

BC 48.95

44.1

WF-A2
8"

51.6

4
N7

53.6

18"

46.3

IRON PIPE
16"
FND
0.6'
0.4' 20"

MAN-ALTERED STATE
OPEN WATER
DELINEATION LINE
(SEE NOTE 2)

5
N8

TC 49.74
TC 49.48
BC 49.37

GRT.=48.24
INV. A=42.07
INV. B=42.24
(WIRES INSIDE)

"
15

WF-A1

0.
85

TC 48.85
BC 48.81

48.7

TC 48.92
BC 48.86

TC 48.96
BC 48.82

TERMINUS
UNKNOWN

49.15

14"

48.1

48.9

(D
'
83 52.8

1
°3

TC 48.43
BC 48.38

TC 50.19
BC 50.08

59.2

58.12

51.50

TC 51.06
BC 50.98

1
58.1

55.98

57.6

48.58

TC 50.93
BC 50.79

49.33

BLOCK 810
LOT 3

48.69

48.52

TC 48.32
BC 48.24

49.26

20"

D
EE

7.07
TC 556.80
BC

57.86

56.85

52.46

52.24

0
85

14"

48.9

3'
.8

53.2

49.0

N/F LANDS OF
WALL ASSOCIATES, L.L.C.
D.B. 8922, PG. 2725

D
1

BLOCK 810
LOT 5

TC 51.52
BC 51.37

T
EN

14"

50.52

54.83

N/F LANDS OF
EXIT 98 ASSOCIATES HARAHAN, L.L.C.
D.B. 9216, PG. 8636
55

TC 53.09
BC 53.07

7
57.4

24"
18"

49.47

TC 49.46

51.59

56.91

53.48

52.38

50.38

49.01

48.27

50.1

TC 49.59
BC 49.50

BC 49.12
TC 49.14
TC 48.67
BC 48.61

R
C.
T

53.84

TC 50.53
BC 50.23

CO
N

56.9

TC 52.52
BC 52.43

TC 51.20
BC 50.98

56.24

48.13

47.89

TC 49.58
BC 49.50

TC 52.44
BC 52.38

55.74

SLOPE & DRAINAGE
EASEMENT PER
D.B. 1574 PG. 281
D.B. 1580, PG. 268
D.B. 1586, PG. 111

0
.0
85

48.0

49.0

4
5.32
56.9
TC 5 55.03
1
BC
56.7

54.08

18"

49.47
TC 50.22
BC 50.10

TC 48.69
BC 48.60
48.9

12"

TC 50.3914"
TC 50.82 BC 50.15
BC 50.48

TC 49.24
BC 49.15

TC 49.27
BC 49.15

" RCP

M
VE
PA

44.4

48.5
47.9

49.6

TC 51.00
BC 50.85

48.24

TC 48.16
BC 48.10
TC 48.11
BC 48.06

47.49

8
55.6
15

GRT.=54.17
INV.=51.07

44.4

45.3

14"

TC 48.88
BC 48.72

52.99

51.58

50.39

ASPHALT
PAVEMENT

H
SP

47.6

16"

TC 49.49
BC 49.42

14"

16"

U
.C

14"

48.92
TC 49.13
BC 49.12

38"

S60° 55' 30"E
8"
10" 75.00' (DEED)

TC 50.28
16"
BC 49.96

TC 49.11
BC 48.89

47.81

55.8

1
55.6

46.1

47.80

44.2

N60° 55' 30"W
75.00' (DEED)

10"

52.53

TC 51.86
BC 51.84

TC 50.77
BC 50.70

EDGE OF PAVEMENT
W

GRT.=50.21
(FILLED
W/DEBRIS)

P
AS

48.1

44.8

12"

10"

49.07

TC 49.45
BC 49.38

47.30

8
4'-

54.2

87
.0
3

GE
ED

49.2
48.4

47.65

47.75

RS
VE
PA

UPSIZE EXISTING STORM
SEWER PIPE .

10"

48.84
47.57

47.61

5' WIDE UTILITY EASEMENT
PER D.B. 3454, PG. 52

TC 50.68
BC 50.64

4.62

5
3.58
TC 553.32

0' BC
L =

TC 48.97
BC 48.92

48.05

TC 47.84
BC 47.61

44.4

TC 48.93
BC 48.67

135
.0

48.4

45.3

46.9

10"
18"

48.1

46.1

45.0

12"

47.3
46.9

TC 47.47
BC 47.42

BENCHMARK
IRON BAR
W/CAP SET
ELEV.=50.00'

52"

22"

50.9

R =

10"

16"

TC 49.78
BC 49.52

48.3

TC 51.72
BC 51.40

50.67OH

12"

TC 50.62
W
W
BC 50.36
50.23

APPROX. LOC. NJ WATER SUPPLY
AUTHORITY EASEMENT PER D.B.
4951, PG. 915

TC 50.02
BC 49.64

EASEMENT AND R.O.W.
PER D.B. 3975, PG. 479

TC 47.37
BC 47.30

47.1

22"
10"

48.09

2.57
TC 5 2.28
BC 5

8"
8"

47.1

TC 49.76
W
BC 49.13

0
54.7
0
54.9

inlet found by surveyor
and will be added to
updated survey

10"
8"

47.2

TC 49.46
BC 48.94

46.93

24" RCP

46.44

TERMINUS
UNKNOWN

47.01

ASPHALT
PAVEMENT

47.33

TC 50.13304.82'
BC 49.92
EDGE OF PAVEMEN

TC 50.38
BC 49.29

H
O

10"
8"
8"

GRT.=45.68
INV.=43.20

CONC. CURB

TC 47.52
BC 47.09

10"
10"

48.5

TC 49.01
BC 48.86

S61° 14' 38"E
45.03' (DEED)

51.93

10"
12"

RIM=46.06

46.93

47.2

S71° 50' 02"E

48.98

10"

47.7

TC 48.16
BC 47.97
OH

50.77

46.9
47.1

30"

46.8

TC 46.16
W
BC 46.01W

B
12"

TC 47.44
BC 47.19

50.16
50.10

46.7 TC 47.16
BC 46.64

47.0

S61° 14' 38"E 304.82' (DEED)

48.80

46.1

0' (D
EED
)

175.0
0' (D
EED
)

46.4
45.8

TC 47.20
BC 46.94

47.9

47.3

S71° 50' 02"E
45.03'

51.32

49.75

CAPPED IRON
BAR FND

TC 47.41
BC 47.14

CONC. CURB

EDGE OF PAVEMENT

48.19

46.5

BLOCK 810
LOT 4

46.8

47.14
47.29

47.16

46.8

TC 46.73
282.42'
BC 46.36
OH

207.42' (DEED) 6" METAL

52'-9"

TC 47.20
OH
BC 46.89

TC 47.46
BC 47.35
OH
TC 47.52
BC 47.44

S28° 45' 22"W
14.38' (DEED)
50.44

47.2

46.9

S71° 30' 54"E 47

S18° 09' 58"W
14.38'

GRT.=46.22
INV. A=41.73
INV. B=36.40
INV. C=36.54

ASPH.
CURB

75.00' (DEED) 47.45

47.03
47.07

47.17

47.62
TC 47.40
BC 47.36

(ASPHALT ROADWAY)

47.12

TRAFFIC

49.0

ASPH.
CU

P.O.B.
(LOT 4)

48.10

TC 48.68
BC 47.99

A
24"
RCP

TC 48.95
BC 48.44

48.77

46.10

47 S60° 55'
30"E 282.42' (DEED)

47.58

48.34

48.78

49.08

46.36

47.23

(VARIABLE WIDTH R.O.W.)

P
RC

24" RCP

"
24

39'4

TC 48.40
BC 48.00

49.26

GRT.=45.97
INV. A=38.60
INV. B=35.99
INV. C=36.12

E
DP

18" RCP

(F.K.A. ALLENWOOD - MANASQUAN ROAD)

GRT.=47.44
INV. A=40.66
INV. B=40.62
INV. C=40.01

N/F LANDS OF
EXIT 98 ASSOCIATES
- HARAHAN, L.L.C.
D.B. 9214, PG. 4796

Page 86 of 88

TOWNSHIP OF WALL
RESOLUTION NO. 26-1015
AUTHORIZATION TO APPROVE AN ENTRY INTO ACCESS AGREEMENT
FOR DUE DILIGENCE WITH FEE OWNERS OF BLOCK 800, LOTS 25 AND 25
QFARM, COMMONLY KNOWN AS 2122 ALLENWOOD ROAD AND BLOCK 800,
LOTS 56 AND 56 QFARM, COMMONLY KNOWN AS 2906 EIGHTEENTH
AVENUE
WHEREAS, the Township of Wall (“Township”) is a municipal corporation of the State
of New Jersey; and

WHEREAS, Maritta Verdoni and Pollara Family, LLC, a New Jersey limited liability
company (collectively, the “Property Owner”), are the fee owners of Block 800, Lots 25 and 25
QFARM and Block 800, Lots 56 and 56 QFARM, commonly known as 2122 Allenwood Road
and 2906 Eighteenth Avenue, respectively (collectively, the “Properties”); and
WHEREAS, the Township desires to acquire the Properties for the purposes of
permanent preservation as open space pursuant to applicable New Jersey law and the Township’s
Open Space Preservation Program; and

WHEREAS, prior to taking any further action with respect to the Properties, the
Township desires to conduct due diligence on the Properties, which may include, without
limitation, surveys, title review, environmental site assessments (including Phase I and, if
warranted, Phase II investigations), soil borings and testing, geotechnical, wetlands, and
engineering investigations, inspections of improvements, and appraisals (collectively, the “Due
Diligence Activities”); and
WHEREAS, the Due Diligence Activities require that the Township and its employees,
consultants, contractors, and agents enter into and upon the Properties; and

WHEREAS, the Township Committee has determined that it is in the best interests of
the Township to authorize the execution of an Access Agreement, upon such terms and
conditions as are negotiated by the Special Counsel and consistent with this Resolution, in order
for the Township and its personnel to access the Properties to conduct Due Diligence Activities.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township of Wall, County of Monmouth, State of New Jersey, as follows:
1. The foregoing recitals are hereby incorporated as if set forth at length.
2. The Township Committee hereby authorizes the Township to enter into an Access
Agreement with the Property Owner for entry into and upon the Properties by the
Township and its employees, consultants, contractors, and agents for the purpose of
performing the Due Diligence Activities.
3. The Township Attorney and/or Special Counsel is hereby authorized and directed to
negotiate the final terms and conditions of the Access Agreement for the Township
to conduct Due Diligence Activities, with the Property Owner and/or the Property
Owner’s counsels, which shall be in a form acceptable to the Special Counsel.

Page 87 of 88

4. The Mayor and Township Administrator are hereby authorized and directed to
execute and attest, respectively, the Access Agreement in the form approved by the
Township Attorney and/or Special Counsel, and the Township Administrator,
Special Counsel, and other appropriate Township officials and professionals are
hereby authorized to execute such other documents and take such other actions as
may be necessary or appropriate to effectuate the purposes of this Resolution.
5. This Resolution shall neither obligate the Township to acquire the Properties nor
shall it be deemed a waiver or limitation of any rights, powers, or remedies of the
Township under applicable law.
6. This Resolution shall be effective immediately.

____________________________________
Keri Pagnoni, RMC
Deputy Clerk

ft
Resolution No. 26-1015

Page 88 of 88

TOWNSHIP OF WALL

RESOLUTION NO. 26-1016
AUTHORIZATION TO APPOINT AN ALTERNATE MEMBER TO THE
ZONING BOARD OF ADJUSTMENT
WHEREAS, pursuant to N.J.S.A. 40:55D-69, the Zoning Board of Adjustment shall
consist of seven (7) regular members and two (2) alternate members who shall be residents of the
Township and who shall be appointed by the Township Committee; and,
and,

WHEREAS, no member may hold any elective office or position with the Township;

WHEREAS, the term of each regular member shall be four (4) years, and the term of
each alternate member shall be two (2) years.
BE IT RESOLVED by the Township Committee of the Township of Wall that that the
following appointment be and is hereby made to the Township Zoning Board of Adjustment to
fill an unexpired term ending December 31, 2027:
ALTERNATE MEMBER NO. 4

TERM EXPIRING

Jo Schloeder

12/31/2027

Keri Pagnoni, RMC
Deputy Clerk

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