TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE

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1 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE January 3,2012 January 24,2012 AGENDA ITEM NUMBER

2 RESOLUTION RETURN OF UNUSED ESCROW FUNDS offered the following Resolution for adoption seconded by A RESOLUTION OF THE TOWNSHIP COLTNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF UNUSED ESCROW FUNDS: MATTER REFUND: Crawford Holdings, L.L.C. 76 Stillwell Road Holmdel, NJ CASE NO. Planning Board Case No.: SD-2842 DEVELOPMENT: Refund of Unused Escrow Funds WHEREAS, the above named, Block 182, Lots 35-40,59, 66, , 71.02,71.03, 72 thru 80, 15.02, Cranberry and Colts Neck Rd., Howell, NJ, previously posted pursuant to the provisions of the Municipal Land Use Law (40:55D-53.2) and Township Ordinances, Escrow Fees for professional services to assure proper reviews; and WHEREAS, ths Applicant requested an accounting of their Escrow Account and WHEREAS, the Planning Board office has recommended the return of the unused Escrow Fees, plus interest, if applicable; and

3 NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Finance Officer is hereby authorized to return to the developer the unused escrow fee in the amount of $1, plus interest, if applicable, and Account No A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: A. Township Engineer B. Township Guarantee Coordinator C. Township Treasurer D. Property Developer VOTE: Mr. Gotto Mr. Malave Mr. Nicastro Mrs. Smith Mayor Walsh AYS NAYS ABSTAIN ABSENT This is to certify that the following Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on PENNY A. WOLLMAN, TOWNSHIP CLERK

4 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE January 3,201 2 Januarv AGENDA ITEM NUMBER

5 RESOLUTION RETURN OF UNUSED ESCROW FUNDS offered the following Resolution for adoption seconded by A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF UNUSED ESCROW FUNDS: MATTER REFUND: Albert J. Fecci 98 Greenbriar Blvd. Brick, NJ CASE NO. Zoning Board Case No.: DEVELOPMENT: Refund of Unused Escrow Funds WHEREAS, the above named, Block 229, Lot 1, 266 Asbury Road, Howell, NJ, previously posted pursuant to the provisions of the Municipal Land Use Law (40:55D- 53.2) and Township Ordinances, Escrow Fees for professional services to assure proper reviews; and WHEREAS, this Applicant requested an accounting of their Escrow Account and WHEREAS, the Zoning Board office has recommended the return of the unused Escrow Fees, plus interest, if applicable; and

6 NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Finance Officer is hereby authorized to return to the developer the unused escrow fee in the amount of $ plus interest, if applicable, and Account NO A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: A. Township Engineer B. Township Guarantee Coordinator C. Township Treasurer D. Property Developer VOTE: Mr. Gotto Mr. Malave Mr. Nicastro Mrs. Smith Mayor Walsh AYS NAYS ABSTAIN ABSENT This is to certify that the following Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on PENNY A. WOLLMAN. TOWNSHIP CLERK

7 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE Januarv January 24,201 2 AGENDA ITEM NUMBER

8 RESOLUTION RETURN OF UNUSED ESCROW FUNDS offered the following Resolution for adoption seconded by A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF UNUSED ESCROW FUNDS: MATTER REFUND: Elizabeth Waddell 28 Snowbeny Lane Howell, NJ CASE NO. Zoning Board Case No.: DEVELOPMENT: Refund of Unused Escrow Funds WHEREAS, the above named, Block 977, Lot 86, 28 Snowbeny Lane, Howell, NJ, previously posted pursuant to the provisions of the Municipal Land Use Law (40:55D- 53.2) and Township Ordinances, Escrow Fees for professional services to assure proper reviews; and WHEREAS, this Applicant requested an accounting of their Escrow Account and WHEREAS, the Zoning Board office has recommended the return of the unused Escrow Fees, plus interest, if applicable; and

9 NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Finance Officer is hereby authorized to return to the developer the unused escrow fee in the amount of $ plus interest, if applicable, and Account No A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: A. Township Engineer B. Township Guarantee Coordinator C. Township Treasurer D. Property Developer VOTE: Mr. Gotto Mr. Malave Mr. Nicastro Mrs. Smith Mayor Walsh AYS NAYS ABSTAIN ABSENT This is to certify that the following Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on PENNY A. WOLLMAN, TOWNSHIP CLERK

10 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE January 3,2012 January 24,2012 AGENDA ITEM NUMBER

11 RESOLUTION RETURN OF UNUSED ESCROW FUNDS offered the following Resolution for adoption seconded by A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF UNUSED ESCROW FUNDS: MATTER REFUND: Outdoor Media Systems, LLC 34 Roosevelt Avenue East Brunswick, NJ CASE NO. Planning Board Case No.: SP-948 DEVELOPMENT: Refund of Unused Escrow Funds WHEREAS, the above named, Block 135, Lot 15.02, Route 9, Howell, NJ, previously posted pursuant to the provisions of the Municipal Land Use Law (40:55D-53.2) and Township Ordinances, Escrow Fees for professional services to assure proper reviews; and WHEREAS, this Applicant requested an accounting of their Escrow Account and WHEREAS, the Planning Board office has recommended the return of the unused Escrow Fees, plus interest, if applicable; and

12 NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Finance Officer is hereby authorized to return to the developer the unused escrow fee in the amount of $73.75 plus interest, if applicable, and Account NO A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: A. Township Engineer B. Township Guarantee Coordinator C. Township Treasurer D. Property Developer VOTE: Mr. Gotto Mr. Malave Mr. Nicastro Mrs. Smith Mayor Walsh AYS NAYS ABSTArN ABSENT This is to certify that the following Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on PENNY A. WOLLMAN, TOWNSHIP CLERK

13 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE January 3,2012 January 24,201 2 AGENDA ITEM NUMBER

14 RESOLUTION RETURN OF UNUSED ESCROW FUNDS offered the following Resolution for adoption seconded by A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF UNUSED ESCROW FUNDS: MATTER REFUND: Talco Realty 1152 Route 33 Farmingdale, NJ CASE NO. Zoning Board Case No.: DEVELOPMENT: Refund of Unused Escrow Funds WHEREAS, the above named, Block 183, Lot 77.03, 1151 Route 33, Howell, NJ, previously posted pursuant to the provisions of the Municipal Land Use Law (40:55D- 53.2) and Township Ordinances, Escrow Fees for professional services to assure proper reviews; and WHEREAS, this Applicant requested an accounting of their Escrow Account and WHEREAS, the Zoning Board office has recommended the return of the unused Escrow Fees, plus interest, if applicable; and

15 NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Finance Officer is hereby authorized to return to the developer the unused escrow fee in the amount of $ plus interest, if applicable, and Account No A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: A. Township Engineer B. Township Guarantee Coordinator C. Township Treasurer D. Property Developer VOTE: Mr. Gotto Mr. Malave Mr. Nicastro Mrs. Smith Mayor Walsh AYS NAYS ABSTAIN ABSENT This is to certify that the following Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on PENNY A. WOLLMAN, TOWNSHIP CLERK

16 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE January 3,2012 January 24,201 2 AGENDA ITEM NUMBER

17 RESOLUTION RETURN OF UNUSED ESCROW FUNDS offered the following Resolution for adoption seconded by A RESOLUTION OF THE TOWNSHIP COLNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF UNUSED ESCROW FUNDS: MATTER REFUND: Robert G. Strempek 8 Cooper Drive Howell, NJ CASE NO. Zoning Board Case No.: DEVELOPMENT: Refund of Unused Escrow Funds WHEREAS, the above named, Block 93.02, Lot 1, 8 Cooper Drive, Howell, NJ, previously posted pursuant to the provisions of the Municipal Land Use Law (40:55D- 53.2) and Township Ordinances, Escrow Fees for professional services to assure proper reviews; and WHEREAS, this Applicant requested an accounting of their Escrow Account and WHEREAS, the Zoning Board office has recommended the return of the unused Escrow Fees, plus interest, if applicable; and

18 NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Finance Officer is hereby authorized to return to the developer the unused escrow fee in the amount of $6.25 plus interest, if applicable, and Account No A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: A. Township Engineer B. Township Guarantee Coordinator C. Township Treasurer D. Property Developer VOTE: Mr. Gotto Mr. Malave Mr. Nicastro Mrs. Smith Mayor Walsh AYS NAYS ABSTAIN ABSENT This is to certify that the following Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on PENNY A. WOLLMAN. TOWNSHIP CLERK

19 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE January 3,201 2 January 24,201 2 AGENDA ITEM NUMBER

20 RESOLUTION RETURN OF UNUSED ESCROW FUNDS offered the following Resolution for adoption seconded by A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF UNUSED ESCROW FUNDS: MATTER REFUND: Michael Morgan 43 Larrabee Blvd. Howell, NJ CASE NO. Zoning Board Case No.: DEVELOPMENT: Refund of Unused Escrow Funds WHEREAS, the above named, Block 41, Lot 2, Oak Glen Road, Howell, NJ, previously posted pursuant to the provisions of the Municipal Land Use Law (40:55D-53.2) and Township Ordinances, Escrow Fees for professional services to assure proper reviews; and WHEREAS, this Applicant requested an accounting of their Escrow Account and WHEREAS, the Zoning Board office has recommended the return of the unused Escrow Fees, plus interest, if applicable; and

21 NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Finance Officer is hereby authorized to return to the developer the unused escrow fee in the amount of $73.75 plus interest, if applicable, and Account No A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: A. Township Engineer B. Township Guarantee Coordinator C. Township Treasurer D. Property Developer VOTE: Mr. Gotto Mr. Malave Mr. Nicastro Mrs. Smith Mayor Walsh AYS NAYS ABSTAIN ABSENT This is to certify that the following Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on PENNY A. WOLLMAN, TOWNSHIP CLERK

22 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE January 3,201 2 January 24,201 2 AGENDA ITEM NUMBER

23 Mr(s). seconded by Mr(s). offered the following Resolution for adoption 11 Resolution No. A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF UNUSED ENGINEERING REVIEW FEE MATTER PROJECT HOMEOWNER INDIVIDUAL LOT INSTALLATION OF SHED BLOCK 152 LOT 6 GRACE LOWRY 404 CASINO DRIVE FARNIINGDALE, NJ WHEREAS, the above named homeowner of the above named land use development previously posted pursuant to the provisions of the Municipal Land Use Law (40:50D-53-2) and Township Ordinances, Engineering Review Fees for professional services to ensure the proposed project will not have an impact on adjacent properties; and 1 WHEREAS, this project has been completed and received a Certificate of Approval on ; and WHEREAS, by memorandum dated December 19, , the Township Engineer recommends the return of unused engineering review fee in the amount of $ NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Finance Office be and is hereby authorized to return to the homeowner unused engineering review fees in the amount of $416.70, plus interest if any, said funds to be returned to the homeowner from the homeowner's escrow account A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: TOWNSHIP ENGINEER TOWNSHIP TREASURER GUARANTEE COORDINATOR HOMEOWNER I Mr. Malave Mr. Nicastro Mrs. Smith Mr. Gotto Mayor Walsh AYES NAYS ABSTAIN ABSENT DISQUALIFY This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on January 24, PENNY A. WOLLMAN - TOWNSHIP CLERK

24 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE January 3,2012 January 24,2012 AGENDA ITEM NUMBER

25 Mr(s). seconded by Mr(s). offered the following Resolution for adoption Resolution No. R- 12- A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF UNUSED ENGINEERING INSPECTION FEES MATTER PROJECT DEVELOPER CASE NUMBER SUBDIVISION ARDENA ACRES AT ALDRICH WOODS M.G.A.W. GROUP, INC. 17 HIGHWAY 34, SUITE 201 COLTS NECK, NJ SD-2784 WHEREAS, the above named developer of the above named land use development previously posted pursuant to the provisions of the Municipal Land Use Law (40:50D-53-2) and Township Ordinances, Engineering Inspection Fees for professional services to assure proper inspections of improvements being constructed by the developer in relation to said development; and WHEREAS, this project has been completed and released from the maintenance guarantee; and WHEREAS, by memorandum dated December 12, 201 1, the Township Engineer recommends the return of unused engineering inspection fees in the amount of $3, NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Finance Office be and is hereby authorized to return to the developer unused engineering inspection fees in the amount of $3,135.22, plus interest if any, said funds to be returned to the developer from the developer's escrow account A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: TOWNSHIP ENGINEER TOWNSHIP TREASURER GUARANTEE COORDINATOR PROPERTY DEVELOPER VOTE AYES NAYS ABSTAIN ABSENT DISOUALIFY Mr. Malave Mr. Nicastro Mrs. Smith Mr. Gotto Mayor Walsh This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on January 24, PENNY A. WOLLMAN - TOWNSHIP CLERK

26 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE Jan1~at-y 3,2012 January 24,2012 AGENDA ITEM NUMBER

27 Mr.(s) Mr. (s) offered the following Resolution for adoption seconded by Resolution No. R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING RELEASE OF THE MAINTENANCE GUARANTEE MATTER: MAINTENANCE GUARANTEE RELEASE APPLICANT: GEORGE HARMS CONSTRUCTION CO., INC. PROJECT: GEORGE HARMS CONSTRUCTION BLOCK 182 LOTS 5,6,7,8 YELLOWBROOK RD CASE NO.: SP-863 SANITARY SEWER IMPROVENIENTS WHEREAS, the above-named Developer of the above-named land use development, Block 182 Lots 5, 6, 7 and 8 posted a maintenance guarantee in the form of Maintenance Bond Number M issued by Continental Casualty Company in the amount of $23,599.37; and WHEREAS, said Developer requested the return of said Maintenance Guarantee; and WHEREAS, the Utility Engineer reviewed the site and determined by memorandum dated December 8,201 1 that said maintenance bond should be returned; and NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. The Township Council of the Township of Howell hereby formally authorizes the return of the maintenance guarantee in the form of Maintenance Bond Number M issued by Continental Casualty Company in the amount of $23, to the developer of the site. 2. Said release of the maintenance guarantee is specifically contingent upon the applicantldeveloper reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all charges as per Township Ordinance for the release of said maintenance guarantee. 3. Upon the adoption of the within resolution, the Clerk is authorized and directed to forward a certified copy of it to the following: a. Township Engineer b. Utility Engineer c. Guarantee Coordinator d. Chief Financial Officer e. Sewer Department f. ApplicantIDeveloper

28 Page 2 - VOTE -- AYES NAYS ABSTAIN ABSENT DISOUALIFY Mr. Malave Mr. Nicastro Mrs. Smith Mr. Gotto Mayor Walsh This is to certify that the foregoing Resolution was adopted by the Township council of the Township of Howell at a public business meeting held on January 24, PENNY A. WOLLMAN TOWNSHIP CLERK

29 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE Januarv Januarv AGENDA ITEM NUMBER

30 Mr(s). offered the following Resolution for adoption seconded by Mr(s). Resolution No. R- 12- A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING APPOINTMENT OF COMMUNITY DEVELOPMENT REPRESENTATIVE AND ALTERNATE FOR 2012 WHEREAS, the Monmouth County Community Development Program requires that a representative be appointed annually to the Monmouth County Community Development Program; and WHEREAS, the Township of Howell is desirous of maintaining representation in the Monmouth County Community Development Program; and NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell that Thomas Savino is hereby appointed as the official representative from the Township of Howell and Betty Lou Textor is hereby appointed as the alternate representative from the Township of Howell to the Monmouth County Community Development Program commencing January l,20 12 and ending December 3 1,201 2; BE IT FURTHER RESOLVED, that a copy certified to be true by the Township Clerk be forwarded to the Monmouth County Community Development Program. VOTE AYES NAYS ABSTAIN ABSENT Mr. Malave Mr. Nicastro Mrs. Smith Mr. Gotto Mayor Walsh This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a public business meeting held on January 24, PENNY A. WOLLMAN, TOWNSHIP CLERK

31 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE Januarv January 24,201 2 AGENDA ITEM NUMBER

32 Mr(s). offered the following Resolution for adoption seconded by Mr(s). Resolution No. R- 12- RESOLUTION RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE APPLICATION TO THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS FOR INDIVIDUALS WITH DISABILITIES GRANT IN THE AMOUNT OF $10, WHEREAS, the New Jersey Department of Community Affairs through its Recreational Opportunities for Individuals with Disabilities (ROID) Grant Program is offering municipalities such as the Township of Howell grants in the amount of $10, with a matching feature of 20%; and WHEREAS, said grant program has targeted persons with mental retardation, visual disability, auditory disabilities, communication disability, neurological or perceptual impairment, orthopedic disability, chronic illness, emotional disturbance, social maladjustment, multiple disability or developmental disability; and WHEREAS, it is the desire of the Howell Townshp Council to apply for said grant; and NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Council of the Township of Howell authorizes submission of an application for an Individual with Disabilities Grant as described in the preamble hereof. 2. A total match of 20% of the actual grant will be made by the Township. 3. That the Township of Howell recognize and accept that the Department of Community Affairs may offer a lesser or greater amount of the $10, and therefore, upon receipt of the grant agreement with the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement; and also, upon receipt of a fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Township of Howell and the New Jersey Department of Community Affairs. 4. That the Townshp Council hereby authorizes Township Officials to sign an application for said grant and agreement and other documents necessary in connection therewith.

33 VOTE: AYES NAYS ABSTAIN ABSENT DISOUALIFY Mr. Malave Mr. Nicastro Mrs. Smith Mr. Gotto Mayor Walsh This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a public business meeting held on January 3, PENNY A. WOLLMAN, TOWNSHIP CLERK

34 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE January 3,201 2 January 24,201 2 AGENDA ITEM NUMBER

35 Mr(s). offered the following Resolution for adoption seconded by Mr(s). Resolution No: R-12- RESOLUTION RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL, AUTHORIZING THE EXECUTION OF A MAINTENANCE AND ESCROW AGREEMENT FOR CERTAIN STORMWATER MANAGEMENT FACILITIES FOR CODDINGTON ESTATES (FORMERLY KNOWN AS FOREST EDGE) WITH TJC AT HOWELL, LLC AS DEVELOPER WHEREAS, Coddington Estates, by and through its Developer TJC at Howell, LLC has submitted an executed a Maintenance and Escrow Agreement for Certain Stormwater Management Facilities covering property known as Block 84.08, Lot 72, and approved under Planning Board Case No SD-2945; and WHEREAS, said agreement has been prepared and modified by the Township Attorney and the Township Engineer and is recommended for approval; and WHEREAS, it is now the desire of the governing body to authorize the execution of said agreements by the Mayor.and Township Clerk. NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Mayor and Clerk are hereby authorized to execute a Maintenance and Escrow Agreement for Certain Stormwater Management Facilities for Block 84.08, Lot 72 under Planning Board Case No. SD That upon the adoption of the within Resolution and execution of the above referenced agreements, the Clerk is authorized and directed to forward certified copies to the Township Engineer, Township CFO, and all other interested parties. VOTE: AYES NAYS ABSTAIN ABSENT DISQUALIFY Mr. Malave Mr. Nicastro Mrs. Smith Mr. Gotto Mayor Walsh

36 This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held on January 3,2012. PENNY WOLLMAN, TOWNSHIP CLERK

37 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE January 3,2012 January 24,2012 AGENDA ITEM NUMBER

38 Mr(s). offered the following Resolution for adoption seconded by Mr(s). Resolution No. R- 12- RESOLUTION OPPOSING THE RATE INCREASES REQUESTED BY NEW JERSEY AMERICAN WATER COMPANY WHEREAS, the New Jersey American Water Company, on July 29,20 1 1, filed an application with the Board of Public Utilities, pursuant to N.J.S.A. 48:2-2 1, seeking to increase rates for water and wastewater service and to change its depreciation rates and to implement other service revisions; and WHEREAS, the combined proposed rates would increase the Company's annual revenues by $95.5 million or approximately 15.5%.; WHEREAS, A copy of the Notice of Public Hearings is attached hereto and made a part hereof; WHEREAS, the additional rate increase would be adding to the overall burden of water consumers and impact on negatively on Howell Township residents who are serviced by New Jersey American Water; and WHEREAS, in this period of economic uncertainty and hardship this additional rate increase request is particularly ill-timed and New Jersey American Water has been granted several rate increases over the past few years to the detriment of the Howell Township residents; and NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Howell, County of Monmouth, State of New Jersey, that the htjbpu be officially notified of the Township Committee's opposition to the petition of New Jersey American Water Company seeking to increase rates for water and wastewater service and to change its depreciation rates and to implement other service revisions and ask that the members of the NJBPU reject the rate increase in the interest of fairness to the impacted residents; and BE IT FURTHER RESOLVED, that copies of this Resolution be forwarded to New Jersey Governor Christopher Christie, to Senate President Stephen Sweeney, to Assembly Speaker Sheila Oliver, to our State Senator, to our two Representatives in the General Assembly, and to the Board of Public Utilities.

39 DISTRIBUTION LIST 1. The Hon. C hs Chstie, Governor, State of New Jersey PO Box 001 Trenton, NJ Phone (609) Fax (609) The Hon. Stephen Sweeney, Senate President, Senator, District 3 NJ Senate Democratic Office State House PO Box 099 Trenton, NJ Phone (609) SenSweenev@,nilea.org 3. The Hon. Sheila Oliver, Speaker, NJ General Assembly Assemblywoman, District 34 NJ General Assembly Democratic Office PO Box 098 Trenton, NJ Phone (609) Fax (609) AswOliver@,n,nileg.org 4. New Jersey Board of Public Utilities Two Gateway Center Newark, New Jersey (732) Senator Robert W. Singer W. County Line Rd., Jackson, NJ (732) Assemblyman David Rible 11 th Legislative District 1955 Route 34, Building 2A Wall, NJ Assemblyman Sean Kean 1 lth Legislative District 1955 Route 34, Building 2A Wall, NJ

40 VOTE: AYES NAYS ABSTAIN ABSENT DISQUALIFY Mr. M&ve Mr. Nicastro Mrs. Smith Mr. Gotto Mayor Walsh This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell at their Meeting held on January 3,2012. PENNY A. WOLLMAN, TOWNSHIP CLERK

41 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE January 3,2012 January 24,2012 AGENDA ITEM NUMBER

42 Resolution RESOLUTION AUTHORIZING THE TOWNSHIP OF HOWELL TO ENTER INTO A SETTLEMENT AGREEMENT WITH PFEFFERILMP PROPERTIES WHEREAS, PfefferILMP Properties and Howell Township are parties to Civil Action Docket No. MON-L in the Superior Court of New Jersey, Monmouth County, Law Division (the Action); and WHEREAS, the Parties wish to amicably settle their differences regarding the claims alleged in the Action: and NOW THEREFORE, for and in consideration of the mutual promise contained herein, and for other good and valuable consideration, receipt of which is acknowledged, it is hereby agreed: 1. That the Mayor and Council of the Township of Howell find that entering into this settlement agreement is in the best interests of the Township. 2. Howell will cause the Township of Howell to reduce the sewer assessment on Block 73, Lot 22 which was assessed at $19,612.39, pursuant to Resolution R adopted April 5,201 1, to $1 5, That the appropriate Township officials be and hereby are authorized to execute the settlement agreement, in a form acceptable to the Township Attorney, between the Townshlp of Howell and PfefferILMP Properties.

43 Mrs. Smith VOTE AYES NAYS ABSTAIN ABSENT Mr. Gotto Mr. Malave Mr. Nicastro Mayor Walsh I hereby certify that the foregoing Resolution was adopted by Township Council of the Township of Howell during a regular meeting held on January 3,2012. PENNY WOLLMAN, TOWNSHIP CLERK

44 SETTLEMENT AGREEMENT This Agreement is made and entered into this day of,2012. by and between PfefferILMP Properties (Pfeffer), with an address of PO Box 935, Jacltson Township, New Jersey and the Township of Howell whose address is 25 1 Preventorium Road, PO Box 580, Howell, NJ (Howell). WHEREAS, Pfeffer and Howell are parties to civil Action Docket No. MON-L in the Superior Court of New Jersey, Monmouth County, Law Division (the Action): aiid WHEREAS, the parties wish to amicably settle their differences regarding the claims alleged in the Action; and NOW THEREFORE, for and in consideration of the mutual promise contained herein, and for other good and valuable consideration, receipt of which is acknowledged, it is hereby agreed: 1. Howell will cause the Township of Howell to reduce the sewer assessment on Block 73, Lot 22 which was assessed at $19, , pursuant to Resolution R adopted April 5,201 1, to $1 5, Payment of the new assessment on Block 73, Lot 22 will be paid in accordaiice with the provisions of Resolution R The Parties acknowledge that this agreement constitutes a full, final, and complete settlement of their differences and supersedes and replaces any aiid all other written

45 or oral exchanges, agreements, understandings. arrangements, or negotiations between or among them relating to the subject matter hereof, and affirmatively state that there are no other prior or contemporaneous agreements, exchanges, representations, arrangement, or understanding, written or oral, between or anlolig them relating to the subject matter hereof other than that as set forth herein, and that this Agreement contains tlie sole and entire Agreement between tliem with respect to the subject matter hereof. The parties hereto further acknowledge and agree that language proposed for, deleted froni, to otherwise changed in the various drafts of this Agreement but included herein sliall not be considered in any was in the interpretation and application of the Agreement and shall not in any way affect the rights and obligations of the parties hereto. 4. This Agreement shall be construed and enforced according to the laws of the State of New Jersey. The parties agree to submit any and all disputes arising out of or based on this Agreement to the jurisdiction of tlie Courts of the State of New Jersey. 5. This Agreement may be executed in counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties liereto have executed this Settlement Agreement and caused ths Settlement Agreement to be executed by their duly authorized officers effective as of the Date first above written.

46 PfefferILMP Properties Township of Howell (print nainc) DATE: Robert F. Walsh DATE: ATTESTED BY: (print name) ATTESTED BY: Helene Scl~legal