AYIJ NA'/ AUSYAINl'D

s JJA MART.!tl_ ;/ "---- AOS!ON'f

/ii CW LICATA v /
CM DICHIARA
DEPlJJY MAYOR CIMA v
v RESOLUTION NU.MBER 17- I/I
MAYOR CARAFA
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V - BOROUGH OF LODI

Bergen County, New Jersey

WHEREAS, the Borough of Lodi desires to enter into an Redevelopers Agreement

. among the Borough of Lodi ("Borough"), the Planning Board of the. Borough of Lodi
("Planning Board"), a,nd Crown Properties LLC, as Redeveloper ("Redeveloper") as
required by Planning Board Resolution dated May 11, 2016 for the approval and
construction of an L.A. Fitness and a CVS Pharmacy ("Agreement"); and

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of

Lodi tqatthe Borough enter into a Redevelopers Agreement among the Borough, the
Planning Board, and the Redeveloper as required by Planning Board Resolution dated
May 11, 2016 for the approval and construction of an L.A. Fitness and a CVS Pharmacy
in the form of Agreement annexed hereto;

BE IT FURTHER RESOLVED that Ma,yor Emil Carafa, Jr. shall be.and is hereby
authorized to execute said Agreement on behalf of the Borough;

Adopted this d?I

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day of Fe..brup.,.ry , 2017.

ATTEST

Mayor Carole D'Amico Municipal Clerk

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 illi:DEVLOPER'S AGREEMENT
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made this _d-._I day of r-r/brutL"jf , 2017 by Cl~Ov\'N

PROPERTiES, L.L;C., 75 Livingston i\vehue, Suite 101, Roselai1d, New Je1'sey 07068

(hcreipafter called the "Redevfop1:") anci the BOROUGH OJ!' LODI, a Municipal Corporation
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o;fihe State of New Je1~sey, County of Berg.en (hereinafter called the "Boro1igh") and the
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PLANNING BOARD QF T[:IE BOROUGH OF LODI (hereinafkr ca!led the "Planning I
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Board"), both located at Or'\e Mernori.al Dri\le, Lodi, New Jersey 07644;

\'\I I TN ES SE TH:

WliEREAS, the Borough has heretofote recognized that certain areas 1n the vicjnity of

the Borough's downtown Main Street area would benefit from rcd('jvdopmcht (n oider t.o

stimulate ecmiomic gmwth, to preserve and enhance property values and to encourage the sqcial

and economic well-being of the commnnity; and

WHEREAS, in or about l 992 and 1993, the governing body of the Borongh (the "Mayor

and C0uncil") by Resolution Nos. 92-60 and 93-75 ant.horized and directed the Planning Board

to undertake a pre)iminary investigation and )leadng to examine the area b~:mnded by the North

side of Unibn Street, east to Rennie Place, Main Street to Ronte 46, !)ell Glen Avenue, Arnot

St1'eet to West Side of Meniorial Drive to determine w]:iether such are should be .classified as .a

redevelopment area in accordance with the criteria set forth in the Local Redevelopment and

Housing Law, N.J.S.A. 40A:l2A-1 et seq.; and

WHEREAS, the Mayor and Council, by Resolution No. 98- l 34, detennined that the

downtown area is an area in need ofredevelopment (the "Redevelopment Area"); and

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yYI~E'REA$, thie fyrayor and C:;o),iri,dl adopte4 Resoitifojn No. 98-160 pu1's11ant to which

Crowl) Prqperti'es, L,L,: "\"!as cte:iignf[terl as the Redevdojier bf the Redevelopment Area I
pursuant.t0 N.J.S.A. 40A:12A-8(f)'; ci,tid
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vVHEREAS, the Rede\ielo1iei' has agreed to implement the Redevelopment Plan to
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effo.ctuate the Proje.ct ruid in connection therewith, the Redeveloper intends to devote substantial
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effo1ts atl.d fimcls to the completi011 ofthe Project; arid I
. W)IEE,EAS, the Re,C(~vloper .is the owner of property commonly ki10wn as 199-231
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Main Street, inclusive oflVIo)nar L1111ro and known as Block 81.01, Lots 7, ..8, 10.01, 11.01 and 12 j.
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imd Block l 6 l.O I;. Lot~ LO I, 1.02, 2::0.l (Ind l 7:as shown .on tJ:iemost recent tax 0hd assessnient j

maps ofihe B9ro.ugh of Lodi (the Propeity"); 1111d

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WHEREAS, on May 11, 2016, the Rei!evloper reeived from the Pl111111ing Board

preliminary and final site plan approval together with re-deveiopmcnt plan deviatfons, variances,

design waivers and signage approvals (hereinafler referred to as 1he "Approvals") on lhe lands

and premises as shpwn on the following drawings:1

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(l) .Drawings entitlyd, "Preliminary and Find! Site Plans for Maih Streel Retail",

prepared by IMP 'Management dated Febrnary 15, 2016 and last revised Novertiber 2016
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consisthig of the following docqmen.ts:
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(a) Title page designated as Sheet No. 1 of 13.
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(b) J;<:xisting Conditions and Demolition Plan designated as Sheet No. 2of13.

(c) Layout and Dimension Plan designated as Sheet No. 3 of 13.

(d) Grading Plan designated as Sheet No. 4of13.

(e) Landscape Plan designated as Sheet No. 5 of 13.

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It is to be noted that al the time of the Planning Board's approvals on May 11, 2016, the Redeveloper did
not own the subject properties but bas since then acquired title to all of the subject properties.
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(f) Lighting,rJan designated as Shee(No .. 6 :of 13.

'(a).
b. SoiLErosfon and Sediment.Control Plan.ddignaled as Sheet No. 7of13.

(h) TrnckManeuver Plan designated as Sheet No. 8 of 13.

(i) Construction Details designated a's Sheet No. 9of13. : '

G) C011siruction Details designated.as SheetNo. JO of 13,

(k) Construction Details designated as Sheet No. 11 of 13.

(I) Construction Details designated as Sheet No. 12of13.

(rn) Construction Details designated at:Sheet No. 13 of 13.

(2) Architei:;tliral drawings for LA Fitness entitled, "Pmposed New Co.iistruction For

LA Fitt1ess/Floor Plan, inain Street, Lpdi,, New Jersey", prepared .by Amara Associate>s, .LLC

dated December 18, 2015 consisti!\g of2 sheets.

(3) Arch.itectural drawings for LA Fitness entitled, "Proposed New Constmction For

LA Fitness/Exterior Elevations, Main Street, Lodi, New Jersey'',. prepared by Amara

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Associates, LLC dated December 18, 2015 consisting of2 sheets designated as Sheet No. A-500 '
and k501.
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(4) Architectural drawings entitled, "CVS Pharmacy", prepared by Neves

Architecture and Design, LLC dated March 17, 2015 and last revised December 1, 2015

consisting of the following 2 sheets:

(a) Sheet No. OL-1 entitled, "Outliile Plan".

(b) Sheet No. PL-2 entitled, "Proposed Exterior Elevations".

(5) Drawing entitled, "Minor Subdivision of Molnar Lane, A 20-Foot Right-Of-Way,

Lots 7, 8, 10.01, 11.0J in Block 81.01 and Lot 1.01 in Block 161.01 & NJDOT Parcels VX86 &

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The faral.di Group, lt1c. qat.ed lvfarch 2.p, 2Qi5 ai;d last rvi.sed Q<;tober 19, 201.6 .

. Wf{)LREAS, a:s set forth apove, ihe Plalll)lng Board. granted to the Redevloper the l.
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aforesaid Approvals for the proposed const:mction of ai1 LA Fitness and CVS Phamrncy as more i
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specifically set forth iii a Res 0 JutiCin a,dopted [Jy the Pla11ning .Board on May 11,. 2016 i'
(heieiiiafter i'efo;red to as "the Resollltion;' and attache:d hereto as Exhifot A); and l
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WHEREAS, pursua11t to one of the conclitjqgs of the Resolution, the Plai1riing Board

requires the Redevloper to enter into.a Redeveloper's Agreei.nent \vith the Borough; and

WHEREAS, the Redevloper is desirou.s of entering i11to a Reqeveloper's Agreemel).t

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with the BorougJ:i. and the Plruming Board with respect-lo s.aid property in view ofthe provisions I,.
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of the Bm'ough's Oidinances whiCh, amCing other things, requires that prior to the glanting of a

buildiilg pem1it, the Redevloper shall have installed or shall have furnished perfo1mance

guarantees for the ultimate installation of the several improvements t)lerein mentioned, and that

no final plan shall be approved by the Planning Board until the completion 6f all such required

i111provements have been certified lo the Planning Board by the Borough E11gin,eer, unless I'
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satisfactory perfmmance guarantees to cover the post of all such improvemei1ts or the incomplete
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portions thereof and deposits for the Borough professional cos~s are filed by the Reclevloper; and

WHEREAS, it is mutually desired by the pruiies hereto that the premises shown on the I.
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aforesaia-plans shall be improved and developed in such a mminer aswill irisure protection to the

surrounding and neighboring properties, as well as the public roads in and about said area to the

end that said development shall result in a desirable development within the Borough of Lodi;

and

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 :WHEREAS, the> Redevloper has rceived fin~! approval fr.ol).i. th.e Bergen County

Planning Board pursuantto which t!1e Rec!evloper hf\S entered into a "Redeelopers Agreement

with Bergen County dated ~~~~~~~~~~~~~

WHEREAS, the Borough of Lodi adopted Ordinance No. 2'ci16-20 on November 22,

2016 pursuant to which the Borough of Lodi shall convey to the Redevloper "fee title to the

20-footright-of-way known and identified as Molnar Lane (fom1erly \\lalsh Lane)";'

NOW, THEREFORE, 'in considera1ion of tlie promises, the mutual 9bligations

contained herein and other good and valuable consideration, the receipt mid sufficiency of which

ar1> he1'eby ackn.owledgecl by each of .the parries, and further, to implement the Redevelopment

Plan\ the' parties hereto agree as follois: .

That the Redevloper will:

1. OWNERSHIP OF LANDS:
COMPLIANCE WITH N.J.S.A. 40:55D-48.1
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Upon execution and de)ivery of tliis Agreement, the Redevloper will file with the ;
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Planning )3oard a certificate issued by an attorney a1 law .of the State of New Jersey or a title i
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comp(lny ai1th.orized to do business in the State of New Jersey certifying to the Borough and the i
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Planning Board the interest of the Redevloper. Upon execution hereof, a list of stockholclen; '
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holding ten perc.ent (10%) or inore ofthe stock of the Redevloper will also be filed in accordance
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with N.J.S.A. 40:55D-48.l, or in the event Redevloper .is a parlnership, a certified list of all I.
partners owiiig ten percent ( 10%) or more of the parh1ership shall be furnished to the Borough.

2. IMPROVEMENTS AND 'WORK TO BE DONE

The Redevloper shall make, install and perform, at its sole cost and expense, all of the

improvements and work;

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(a) Shown 9n th, c!raw'irigs as specifically set forth in the second ''Where.as"
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Clause ofth!s Agret;il)eht (t!,e "Plaiis). 'l
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(l::i) In. aecordance with and conditioned upon compliance with the Planning

Board's Resolution and specifically any and a.II conditions therein of the Plaiming Board adopted
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on May 11, 2016 (Exhibit A).

(c) In the evel)t that.after execution of this Agreement or during the course of
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the,inslallation of ai1y improve@epts, a co11<lfrfon develops adversely affecting' the public health !
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or safety or constituting a threat thereto, qr a .condition develops inimical to the general welfare,
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Redevloper agrees to take all necessmy.steps and make.a!) ii1stalli1tions that may be necessary to i
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abate said threat or condition. NotWi.ths.t.anr:llng the foregqing, Redcvloper shall. not be I'
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responsible for. acts ofthird parties that affect other properties; and
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(d) In accordance with any condition(s) of approval received from any I
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Governmental Agency, Board, Depmimcnt, Bureau or other unit, including the Slate of New

Jersey, ad specifically, but not limited to, the New Jersey Department of Environmental

Protection, the County of Bergeu and Borough agencies and i:leprutments.

3. TIME FOR COMPLETION

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The improvements mid work referred to in Paragraph 2, related to the buildings as

identified on the approved site plan as the proposed "LA Fitness" and the proposed "CVS

Phannacy'' shall be completed within one (1) year from the date of this Agreement and, in !he

event the work is not so completed within one (!) year from the date of this Agreement, the

Borough may require that additiOnal pe1fomiance guarantees be provided in light of the tben

prevailing cost, if necessary, to adequately secure the Borough.

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4. COMP.LIAN CE WITH LAW

All of the in)provements refened to in J?aragrapl:i 2 heieof shall be perforrn.ed hi II

accordance Wilh any and all applicable Borough specificatio11s, Stqte and County Jaws, as well as I
in accordance with those conditions and specifications as set forth 111 the Resolution. Said I/
improvements shall oe inspected by the Borough Engineer. l
s. DRAINAGE AND SANITARY FACILITIES

The; Redevloper shall install all sanitary and stmm drainage facilities, m!l\)hole, inlets, .,.\
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pipes, coJui.ections and ctirb Jines, .and all other appurtenances necessary for proper construction
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and opt<r!ltion of the storm drain s:Ystem as shown on the; plans refefl'ed to herein togelherwith

such necessary changes as shall be reasonably required by the Borough Engineer. Nothing hmein ._
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shali impajr, abr'idge, restrict or modify the lawful jurisdiction of the Board of Health of the
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Borougl1 of Lodi, Board of Health of the County ofBergenand/or the New Jersey Department of I
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Environmental Protection to require the installation of additional sanitary and/or stom1 sewers,

drains or facilities which it may lawfully require in connection witb tbe development and as to all i.
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matters over which it has Jmvfoljurisdiction.

6. WATER FACILITIEB I
The B.edevloper shall install, if required, all water lines, valves, valve boxes, hydrants, I.
fittings, rodded connections, curb stops, curb stop boxes, meter sets and all other appurtenances

necessary for proper constmction and operation of the water supply system. All const\uction
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shall conform to or exceed the minimum standards of the Water Department of the Borough of

Lodi..

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 7.. UTILITIES

Rede,'loper :s!JaU ctrf].strtict al) utiiiti~s ser:Vicii1g the property in accordance .with the

specifications o(ihe rewe.ctive utility qompanies and. the Borough, including, but notlimited to, !
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eleciric, gas; telephone and CATV. Any and al) utilities s(ir'vi"cing the project shall, to the extent I
permitted by outside utility companies, be undergrond. Nothing herein shall require !he
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Borough to install utilities for this project.
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8, BUILDING llERMITS REO.UIRED !

The Redevloper agrees that no building shall b(' commeQced until a Building Permit and /
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all other necessmy permits and approvals have been "dl]ly is.sueq. I
9. BREACH OF AGREEMENT I !

In no case shall a certificate ofoccupancy be issued ifa material breach 01.. default in this l
Agreement has occun-ed and has not been cured. Without iimitation upon any other remedy

provided herein .or by Jaw, the Borough Council may order that no, or no further, building
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pennits or certificates of occupancy shall be issued until any material breach or default in this

Agreementis cured.

10. SUBMISSION OF DETAILED PLANS

In tho event that the Borough Engineer,in his opiriioi1, reason!jb]y requires any furiher d<;tails for

tho plans submitted and approved, Redevloper shaH furnish said details on reasonable written

notice within a rea.sonable time. Redevloper agrees [tiso to submit, upon request, copies of the
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approval detailed drainage and topographic plans as may be required by !he Borough Engineer, I.
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Borough Health Officer and any other Borough, County, State or Federal Govenunental Agency.

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 11, n\TSEECTION OF IMPROVEMENTS
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the Borough c<?D\<,,iIJplates the lsp:eciion of a:ll site improvements .$ndlot facilities, The
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Borough .Engineer shall inspect th(': installatjoi1 of st:o1m i;lrains, water ma:il13, road constmction

work, fences; lahds.cai:ii1ig i(nd ~I! other site improvelj)imts. i

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12. SUCCESSORS.BOUNDAND RECORDING

This Agteement s)lalJ be binding upon the s.uccfissors and assigns of the parties hereto.

TliisAgreetrient may be I"fic.orded in the Office oftBe Berge1i Connty C.lerj(by the Borough at the'

expense of the Red.evloper. Upon completi01i of an improvements and the terms and conditions
of this Agrnep1ent, the Bo,rqugh wj.11 execute documents reasonably reql(il'ed to disch.arge this

Agreement, .if san1e ie recorded.Jfrequested by the Redevk1per, the Borough shaU .be required lo

provide a certification that the Redevloper is in good standiiig under the tem1s of this Agreement

withif! 14 days of such request. This Agreement shall be subordinate to all financing relating to
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the Prope1ty.

13. AGREEMENT NOT CONSTRUED AS WAIYER

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Nothing J;ierein co.n.t~ihed .
shall b.e constrl!.\1 ?S preventing the BQrough or Redevloper
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from exercising in any court of Jaw or elsewhere any rights or duties >vhich it may have by I:
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statute, .ordinance or other iaw. Nothing herein CO\ltained shall be deemed a waiver by any part of

any ordinance or state statute 01' other law to be construed as an abridgment, pre-emption or

Waiver of the powers of any Borough Board, Agency, Public Body or Redevloper. This
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. Agreement shall not operate to confer upon any such public body any powers, rights or duties it

does not now possess, nor abridge the right ofthe Redevloper vis-it-vis any such public body.

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X4. MUNlCIP AL OFFICIALS ETC. NOT LIABLE ON CONTRACT

The coyeha!J.\.i\, u,ndertakings, agreeinents <tnd Qther .ci\\Jigations rrt~ntiorieg in tl1is

Agreement shal) not b.e constrjled as rep~esentatioris !:>y the Borough Council, the Planning Board

or by ahy Borough officer, agent or employee tp .have or to .assume any contractual oi' other

liability to or with apy persons, firms or corporatlqns purchasing any l.aiid, buildings or

impro:ve111ents Jrorri tiie Rede\;loper or otherwise usfog or iia1<lng Eiily interest in the same, nor

sha11 ihis Agreement be constrn.e<l to place any liabnlty Oil the Borough or the Pl aiming Board to

these persons.

15. BOROUGH NOT LIABLE FOR IMPROVEMENT COSTS

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Nothing hei:ein .contained 'sl.iall be construed to. ren<for the Borough or any of its officvrs, i
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boards Ot' employees liable for any charges, costs .or debts for material, labor or other expenses 1.:
incurred in the making of the improvements.

16. INDEMNIFICATION OF MUNICIPALITY

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Redev loper shall. be and remain liable for any and all damage or money loss (including,
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but not !fruited to, a.ltomey's fees) o.ccasioned to the Bprough or the Plarinirtg Board or their i:
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officers or agents by any neglect; wr,angdoing, omission cir commission of any act by the i .
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R,edevloper at any person, firrit .01' corpot'ation acting for the Redevloper hereunder arising from

the making of the improvements, the petformance of the terms hereof or from or out of this

Agreement. T]Je Redevloper shall alsq defend, save, inderi111ify and hold harmless the Borough,
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its officers, agents, boards ru1d employees for any and all claims, actions at law or in equity,
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charges, debts, liens, encumbrances, costs and counsel fees which may arise from any such

damage or loss, from the making of the improvements, t]te performance of the terms hereof or

from or out of this Agreement, except where the Borough or it agents have been judicially

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c!eteni1in~cl to h(l:\'e acteq conti'ai:y to la\;.' .or failed to perform acts required by law or by this

Agreement or have been guilty of negligence.

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When,. and in the event that; by reason .of the negligence of the Redevloper in the

construction of the irnpi'ovements to this Property, or for any other reason relating to the Property

or !lPJlrov.als as.sociated therewith, litigation arises and the Borough is made a party defendant to

aii)'lawsliits so instituted ahd by reason ofthe necessity o:ftlle Borough to defend such suit, the

esct"ow fm;ids provided foi: in Paragraph 27 hereof are deemed to be insufficient to pay the

cpntinuing bills for services rei1dered to the Borough by its attorney and/or engineer, or other

expel)ses or co.sts .incmred in said litigaticin,.the Bor6llgh inay sei-Ve written notice by Certified
Mail, Return Receipt,. up.on the Rede\iloper at .the adc!ress set forth .herein,. requiring the

Redevloper to deposit within ten (1 b) days theteof such additional funds that the Borough may

deem necessary for ihe completion of the development and the defense of any such litigation.

The Redevloper shall, within ten (I 0) days, deposit such addi!ional funds with the Borough as

required. Should the Redevloper fail to do so within the required time period, the Borough may
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direct th,e appropriate officials to place a s.top work order on all development within the premises

as depicted on the subdivision and/or site plan.

17. MODIFICATION IN WlUTING

This Agreement may only be changed, modified or amended by a WTilten instrument

sign~d by all the parties hei'eto.

18. DUST AND NUISANCE PROVISIONS

Redevloper agrees not to commit a public or private nuisance by reason of dirt, dust,

debris, air-pollution, gas, smoke or other am1oyance resulting from construc!ion, lntcking or

other operations.

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19 .. CONTRACT PROVISiONS CO:NBTRuEii As CONDITIONS i"
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Each of tbe provisions lrereofshaH !rave t]ie,same force atid effect as i( set forth at length

as conditions.of the grant of subdivision.ancl(or sill" plan appr0 val.

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20. COUNTY AND STATE REQUIREMENTS
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Redevfoper repre.sents that if has heretofore complied and that it will in the future comply l
witb all, if any, reqnil'ements and/or regulations of the Bergen County PJruming Board, the I
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Bet'gen County Engineer, Bergen County Road bepar(ment, Bergen Cqunty Department of

Public Works, Bergen County Soil Conservat.ion District, New Jersey Department of
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Enviromnental Protection, New Jersey Department .of Trru1sporlation, Bergen County Utilities I
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Authority and any other Governmental Agency if same are.mandated by Jaw. having jurisdiction, i.
and hereby further represent that before commencing work, it will secure all county, state and 1.
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federal approvals required for .such work.

21. DUTY RE: UNSAFE CONDITIONS I

The Redevloper shall correct and make safe any dangerous or unsafe condition created,

.caused or suffered to exist by the Redevloper (or by those acting for it) affecting public saf('>ty or
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general welfare, if such condition develops. In the event that.such condition exists, notice shall r
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be given by certified mail to the Redevlo}Jer, whereupon Redevli:Jjier .shall correct such condition
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within such reasonable period of time as the Borough, in its notice shall specify. In the event

such condition is not .corrected by the Redevloper, the Borough Council niay order the corrective

work io be done and the Re<levloper mid its s\.1rety shall reimburse and indemnify the Borough

for all costs and expenses incurred thereby.

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 'it. CKRTIFICATEOF CONTINUED OCCPUANCYJ?RIOR TO USE

Nothing contained iirthis AgreementshatlauthorizG thG l)se or oceupancy of arty building

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that is the silbject of this Agreement prior to the issuan~ of eitb:et" a temporary or permanent I
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Certificate of.Occupancy for said building and prior to the installaiion
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of an approved sa;1itary
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sew.er system and/or wastewater treatment system in accordnce with all applicable Jaws, 1ules,
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regulations, codes and ordinances.

23. REDEVLOPERRESPONSIIiLETO THIRDPARTIES

Nothing contained in this Agreement shall be constrnecl.to give any person or legal entity, i

nbta p.arty lo this. Agreement, any claims against-the Redevloper,or Borough or any of its agents
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or agencies with _respect to the matter of the insiallation or improvements or for any ~runages

arising therefrom.

24. MUNICIPAL CONSENT FOR ASSIGNMENT OF SALE

It is agreed that any assignment hereof or sale of the premises in whole or in part shall not

operate to relieve the Redevloper from its obligations hereunder, without the express written
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consent of the Borough, which consent shall

. not be unreasonably
. withheld. No assignment of r
. this Agreement or of the approvals granted herein .shall be effective without prior written I
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Bsrough c0nsent. I

25. PERFORMANCE GUARANTEES II

Prior ~o the issuance of any construction permits, the Redevloper shall post with the

Borough Clerk a performance bond pursuant to NJ.SA. 40:55D-53 and in accordance with the
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requirements of the appropl"iate ordi1iances of the Borougl1 in the amount equal to 120% of the
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estimated cost of the improvements in the fonn of a surety bond or other coJJateral acceptable to
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the Borough. More specifically, the amount of the performance guaranty to be posted shall be in ![
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the ai)1(Jtiflt of $1,342,210.00 as set forth in Neglia Engineering.Associates' letter to the Borough .

q{L9di dated Fr:b1'tiary 13, 20.17, a copy of which fa attached hereto as E:xhljiit B:
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The foi"egoing perfmmance guarantee is conditioned upon the satisfactory installation cif

the injprovements required hereunder, and for the .perfomiance of the terms and conditions of
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this Agreement \vithin the time specified thereunder and compliance with all Borough
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Ordinances and applicable iules and regulations -of the Borough and its agencies. The Redevloper I
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fmthe(agrees topbstsilch additional perfoimance guarantees in theTequired amounts asmay be

nec~ssary. If a portion of said in\provements shall have been installed by the Redevloper,
.approved and certified by the Boi'ough Engineer., the Redevlo]'>er'may apply for a reduction in the
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rui1ornit. of Sl!Ch perfonnqncl': .guarantees and action. upon such application ..shall be. taken in
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accordance with the certification of th"' Borough "'ngineer, at the Borough's sole discretion. It is /.
specifically uncll':fstood and agrl':ed by the Redevloper that the reduction in the amount of any I
performance guarantee will not constitute an acceptance or approval of any improvements. !
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Upoh default by the Rcdevloper, the Borough shall be entitled to all the rights and
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t'einedies as provided in N.J.S.A. 40:55D-53 as well as the rights and remedies as provided (iy

general law and case law. It is also agreed that, at the option of the Borough, the Borough can
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demand specific performance of the within Agreement or, "in the alkrnative, payment of costs;

expenses, fees and damages in order to fulfill the te1ms of this Agreement and the requirements
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of all applicable Borough ordinances .and rnles and regulations of the Borough and its ageiicies,

without first doing the worlc at its own cost and exe.nse. Said guarantee shall also cover all

attorneys' fees, costs of suit, and any other municipal expenses incurred as a result of the

enforcement of this Agreement to the extent pennitted by N.i:S.A. 40:55D-53.

26. [OMITTE))]
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27, BOROUGI-I'SPROFESSIONAL COSTS

Tlie.:engii1eering, plamiing and legal 'fees orcharge~ for Se!'VicesTeildere.d.:to the.Planning

Board and to the Borough in comi.ecticm with this Agreement.. and in com1ection with
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improvements made hereunder shall be paid by the Re<jevl9per. For this purpose, the Rcdcvloper
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sh.all deposit upon the. execution of this Agreement:
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(a) A cash deposit in the sum of Sixteen Thonsanil Seven Hundred Eighty and
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13/100' '($16,780.13) for engineering services and a c:a#1 deposit of Five Thqusand and 00/100

($5,00.0.00) for legal services, it being specifically agreed, that ifpen11itted by N.J.S.A. 40:55D-
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53, dui:jl)g the. c:(:iurse of the development it appears that the amoupt of deposit made is
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iirndequ.atc tb .meet sw;h costs, the Borqugh may Tequirc such additional sums to be .deposited .1.
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\Vi.th it as it might defom1ine necessary and reasonable; and the Reclevlbper agrees folth\\ith to ,.'

provide same. No building permits or ce1tificat'es of occupancy shall be issued until such

. additional deposit shall be made.

The Borough shall be and is hereby authorized by the Rcdevloper to disburse the said

deposit ih payment of such services as are rendered upon.proper vouchers therefore, duly swom
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to hy the person or persons rendering the services and the unused p01tion of any such deposit !.
shall be returned to the Redevloper by the Borough upon complelicin of the improvement

unde1taken and ceitification of such completion to the Borough by the Borough Engineer.

The Redevloper shall be permiUed to post such funds in quruterly installments m

accordance with N.J.S.A. 40:55D-53(h).

28. DEFAULT

Upon a default by the Rcdevloper under the terms and/or conditions of this Agreement,

the Borough shall provide the Rcdevloper within fourteen (14) days 1;vritten notice within which

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 pedod of ihne ihe Re:~evl 0pe.r slial) b:e .iequifod to comply .with all the terms of this Agreepmnt

and appropdate ordinances Md ruJes ari,d i'eg!!lations of the Borough and 'its agencies,

Notw\thstanding the for.egqlng sentence, if the default is. of a nature that it cannot, with the i.
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exercise of reasonable diligence, be cured within said 14-day period, then said 14-day pc1iod '
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shall be extended to a p.eriod of tin1e as ag1'eed by the parties to enable the Redevloper to cure the '.
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default with the exercise of reasonable diligence. At the expiration of the period to cure where !

the Rediovloper has failed to perf6im in accordance with this Agreement and in accordance with

all applicable Borough ordinances and ruld and regulations oftbe Borough and its agencies, the j.
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Borough, without further notice to the Redev]oper, may utilize the. deposited performance

guarantees for the foll, compl<;>(e and adequate performance of. this Agreement in compliance

with all Boreiugh ordinances and l'Ules and 1'egulations of the Borough and its agencies. Jn

addition, the Borough may bring an action on the Pe1f61mance Guaranty; expend the cash

guara1itee funds; bling an action for specific perfomrnnce; or seek to effect completion on the

basis of any other remedy available to the Borough.

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29. INSURANCE
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The Redevloper shall procure insurance for public personal injury and property damage

liability including contingent liability and contractual liability which might result from the
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perfonnance of the work required under this Agreement and shall provide tbe Borough witl1 a !:
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Certificate of Jnsuran.ce designating the Borough as iln additional insured under each said policy
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in which insurance coverage shall be in at least the following amounts:

One person in any one occurrence: $2,000,000.00

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Two or more persons in any one occurrence: $5,000,000.00 I.
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 Property damage.j1\ hiiy one occ_i.Irt<:n.ce:. $:2;000;000.00

Aggregate piop_eriy (lai:JJage limit: $5;000,00.Q.OO i.

Th<e W;devloper fortlter covenats.and agrees that it willpri,rvido automobile liability anc:l

propeity dat:nage insurance coverage and pto_v)de the Borough with a_ Ce1tificate of Insurance
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designating the Borough as an addjtionai insured under s_aid policy, which insurance coverage
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shall be in at leas_t the following a:m9unts:

BiJ<liJy injury, ea.oh person: $1,QQ0,000.00

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Bodily injury, e_ach ocounence: $3,000,000.00 f

Property damage; $1,000;000.00

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The Redeyloper further covenants ant\ agrees !ha! it will. provide worlanan's .
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compensation coverage for employees and will require evidence of such coverages to be J..
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supplied by a sub-contractor who may be employed to perform the work under tbis Agreement.
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30. MAINTENANCE GUARANTEE

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At the time of the completion of all improvements and the release of the performance Ii.
guarantee by .the Borough, the Redevloper shall be required to post a Maintenance Bond in the

amount of $201,361.50 iii accordance with the appropriate ordinances of the Borough and the I
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slatutes of th<: Slate of New Jersey, 11nd as set forth in Neglia engineering's letter dated

Februry 13, 2017. (See ExhibitB.) I

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31. INCORPORATION OF PLAN AND PROFILE

In addition to anything herein contained, anything shown on the approved plans, or on the II
approved profiles, etc., and not specifically included in this Agreement or mentioned herein,

shall be considered as part of this Agreement, the plans being made a part hereof by reference

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except for such nec<0:Ssary d1aii:ges -!is fi!iiy be required.. an,I appt9Ved .by the Boiou,rsh Engineer as
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work progresses. II
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32. AS-BUILT PLANS {'
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The Redevlopei" shall fumish to the borough and the Department of Public Works as built
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plans showing alignment apd e)ev~fo:ms of including, but not iiniited to, all utilities, roadways
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and water and sewer improvements prior to the releas.e of performance bonds. The as built plans I
shall be in thf'OfQhn required by the Bqi:\jtigh Epgineer <ind Depaiimenf of Public Works.

:)3. RESTORATION Ole ADJACENT PROPERTIES

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Redevloper must restore any .damages to propeliies adjacent tb the stibj<09t site or withh1 I'

the subject site and owned by someone o\her than the Redevlopr, all in accordapce with the
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. reasonable direction of the Borough Engineer arid/or Construction Code Official. If the
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Redevloper fails to undertake such restoration as reasonably required by the Borogh Engine!"r I
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and/or the Constrnction Code Official, the Conslrnction Code Official may withhold the issuance
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of building permits or issue appropriate stop work orders until such restoration work is 1.
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undertaken. I

34. COMPLIANCE \VITH CONDITIONS AND RESOLUTIONS I!

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Redevloper agrees to comply with each of the c.61\ditions and ina!ters set forth in the
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Resolution of the Planning Board adopted on May 11, 2016 (Exhibit A) granting preliminary and !.
final site plan approval and additional agrees to comply with any and all reasonable

recommendations and/or suggestions of the Borough Engineer. i

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35. SEVERABILITY i
The provisions of \his .Agreement are severable; if any one provision be .detem1inecl Ii
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unenforceable, this shall have .no. effect on fue balance of the provisions hereof which sh')}!

remain in fol! force.and effect.

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36. INSOLVENCY OR ABANDONMENT OF THE WORK

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If, before the completion of the work, the Redevloper abandons the job, files a petition in I!
bankniptcy or insolvency; or is declared bankrupt or insolvent or suffers any type of li
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receivership, insolvency, bankruptcy, or other similar proceedings to be filed against it, or ceases 1
. work for a period of thirly (30) consecutive days without notice to or the permission of the I
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Boro\lgh Engineer .and fails to resume work within ten (10) days after receipt of notice by.

certified mail at the address stated in this Agreement, then it shall be the duty of the surety
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immediately to undertake the completion of the work at the expense of the Redevloper and its
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surely, or to pay to the Borough the cost of completion of the work as a local improvement

pnrsuant to the provisions ofN.J.S.A. 50:56, et seq. I,

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37. COAH CON'.fJ.UBUTIONS /.
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If applicable, the Redevloper shall pay a development fee in accordance with the rules l-
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and regulations of the Council On Affordaqle Housing.

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38. AMENDMENT

It is mutually understood and agreed by the paiiies hereto that any amendment, extension,

modification, or alteration in any terms and conditions or requirements by the Borough shall not

relieve any surety from its obligations on any perfomrnnce or maintenance guarantee.

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IN WITNESS WHEREOF ,_!hLlariies have hereu1ito :caused this Agreement to be '
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~ignep by theiiproper- officers' and 'their corporate seals tO' be affixed the day and year firstabove
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. \Vritten.
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WITNESS: CROWN PROPERTIES, L.L.C.
By: Kanter-Lodi, LLC !
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Douglas Canter
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Its Manager/Managing Member

WITNESS: CRffWN PROPERTIES, LLC

By: Jl\'tP/Lodi,LLC .
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By:--------------
Joseph Moreno
Its Manager/Managing Member
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WITNESS: MAYOR AND COUNCIL OF THE r.
BOROUGH OF LODI
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f!UiJJfr__, )(. /)fUi/J'Sd>
Carole Damico, Borough Clerk

PLANNING BOARD OF THE

BOROUGH OF LODI

. F / Ov/i;'!. i>&.,>J/;:b//,g
Elaine Denobile, Secretary
By: @,II \L i-21tl..;V
At6xander J. Noreika, Chailverson

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STATE OF NE.W'JERSEY ) !
) SS:
COUNTY OF BERGEN )

BE IT REMEMBERED, that on this _ _ day of , 2017, before

me, the subscriber, personally appeai'ed DOUGLAS KANTER, who, being by me duly swom on
his oath, doth depose and make proof to my satisfaction that he was authorized to and did
execute this instrument as Managing Member of Kanter"Lodi, L,.L.C., the Managing Member of
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Crown Properties, L.L. C. ,!
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STATE OF NEW JERSEY ) i'

)SS; '
COUNTY OF BERGEN )

BE IT REMEMBERED, that on this day of , 2017, before

me, the subscriber, personally appeared JOSEPH MORENO, who, being by me duly swom on
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his oath, doth depose and make proof to my satisfaction that he was authorized to and did i"
execute this instrument as Managiilg Member of J!liIP/Lodi, L.L.C., the Managing Member of
Crown Properties, L.L.C.
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STATE Of Ni:lW JERSEY )

)'SS:
COUNTY OFBEROEN ) I,.
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. BE IT REMEMBERED that on tpiS J /)
day of februarL/ . 2017, before
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me, lhe subscriber, personally appeared GARO LE DAMICO, who being by me duly sworn on ,.I
her oath, deposed and niade proof to my satiSfaction that she is the Clerk of the Borough of Lodi,
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a municipal corporation, the c'Orporatfon named in the within instrument, that EMIL
CARAFA:, JR is the Mayor of said mi,micipality; that the execution, as well as the making of
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this insttument has been duly authorized by a prope1 Resolution of the Governing body of the j
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. said municipality; that deponent well and truly knows the corporate seal of said municipality and I

the seal affixed to said instmment is such seal and was thereto affixed, and said instnm1ent II
signed and delivered by said Mayor Emil Carafa, Jr. as and :for his voluntmy act and.deed and as I
and for the voluntary act and deed of said municipality, in the presence of deponent, who
thereupon subscribed her 11ame thereto a!l witness,
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ttuu-tc_ 'of /Jl!Auz:o I'
'Carole Damico, Borough Clerk 1
. Sworn and Subscribed. to before me ,,
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this Jj day of :r;.Jrvtct''-f , 2017 '
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OfFK::IAl SEAL
AMNERYS SANTANA
NOTARY PUWJC NEW JERSfY I
MyOxnm. Expires ll&'dt 16, 2020 I,.

COUNTY OF BERGEN
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BE IT REMEMBERED that on this jj
day of hbr//a,rL-/ ,
2017, before
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me; the subscriber, personally appeared AL!t'xANDER J, NOREIKA, who, r';m satisfied is the
Chairma.n of the Planning Board of the Borough of Lodi, that the execution of the within
inslrnmcnt has been authorized by the Planning Board of the Borough of Lodi, and that he
aclmowledged that he signed, sealed and delivered the same as their act and deed for the uses and
purposes therein expressed.
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Of'FY.;\Al SEAL
AMNERYS SANTANA
, NOTARYl'UBlXNEWJEHSfY
, . ;Y My Comm. Expi"'5 M"ch 16, 2020
'.r~S'2 -;e; ~ ' ..

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EXHIBIT A '
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BOI~Otj(;H OF LODI
COUNTYOFBERGEN.
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i!LAi'>!)\IINO BOARD I
APPJACATIONNO. _ __ I

RESOLUTION GRANTING PRELIMINARY AND FINAL SITE

PLAN APPROVAL, SUBDIVISION, REDEVELOPMENT PLAN
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DEVJATIONS,.VARJANCES AND WAIVERS FOR A PROPOSED
LA FITNESS AND CVS PHARMACY TO BE CONSTRUCTED ON
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PREMISES KNOWN AS BLOCK 81'01, LOT.S 7, 8, 10.01, 11.01 I
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AND 12, AND BLOCK 161.01, LOTS 1.01, 1.02, 2.01 AND 17 AT
199-231 MAIN STREET, INCLt]i)U'fG MOLNAR LANE,
BOROUC<H OF LODI, COUNTY OF BERGEN, STATE OF NEW
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JERSEY .
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WHEREAS, applications have been submitted to the Planning Board of the Borough of
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Lodi (Planning Board) by Crown Properties, LLC, 75 Livingston Avenue, Suite 101, Roseland,

New Jersey 0.70(58 (Applicant) for approval of preliminary and final site plan pertaining to the
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proposed construction of an LA Fitness and CVS Phrninacy on those premises localed at 199-

231 Main Street, inclusi;e of Molnar Lane, and known as Block 8J.01, Lots 7, 8, JO.OJ, JI.OJ

and 12 and Block 161.0l, Lots !.01, 1.02, 2.01 and 17 as shown on the most recent lax and i

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assessn1ent maps of the Borough 0fLocli; and !.
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WHEREAS, the Applicant has also requested a subdivision, a vanance from the
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Borough's Zoning Ordinance and deviations/waivers from the regul.ations contained in the

I.J.owntow11 Redevelopment Plan; and

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WHEREAS, the Applicant is the designated developer of the subject property along with i
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other properties in the Downtown Redevelopment P Ian Area pursuant to a certain I:
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Redevelopment Agreement dated October 28, J 998 with the Borough of Lodi; and i'
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WHEREAS, along with the application, the Applicant has submitted the following I,.
drawings/plans/sketches (hereinafter referred to as the "plans"):

(1) Aerial photo of the subject property (marked into evidence as Exhibit A-2).
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(2) Orawirigs. iJ(itle(l, ''.PJ'e]!mi11ary f!lld Filial Site Plans. for Main S.t1:eet Retail",
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prepiire.d by .JMP Management .dated February .15, 201 ~' marked collectively into

eviclence as Exhibit A"3 and consisting of the following documents:

(a) Title Page designated as Sheet No. 1 of lJ.

(b) Existing Conditions and Demolition Plan designatecl as Sheet No. 2 of 13.

(c) Layout and Dimension Plan designated as Sheet No. 3 of 13. I

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(d) Oracling Plan designated as She9t No. 4 of J3. i

(e) Lanclscape Plan designated as Sheet No. 5of13.

(f) Lighting
.. Plan designated
. as Sheet No. 6 .of l 3.

(g) :Soil Erosion ancl Seclim~nt Control Plan design11ted as Sheet No. 7 of I~. I
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(h) Truck.Maneuver Plandesignated-as Sheet No. 8of13.
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(i) Construction Details designated as Sheet No. 9 of 13.
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(j) Construction Details designated as Sheet No. l 0 of 13.
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(k) Construction Details designated as Sheet No. 11 of l 3. 1.
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(l) Construction Details designated as Sheet N0. 12 of I 3. /.

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(m) Construction Details designated as Sheet No. 13of13. i"
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. (3) Architectural drawings for LA Fitness entitled, "Proposed New Construction For 1
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LA Fitness/Floor Plan, l\1Jain Street, Lodi, New Jersey," prepared by Amara

Associates, LLC elated December 1$, 2015 consisting of 2 sheets designated as

Sheet No. A- I01 and A- I 02 (marked collectively into evidence as Exhibit A-4).
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(4) Architectural drawings for LA Fitness entitled, "Proposed New Construction For

LA Fitness/Exterior Elevations, Main Street, Lodi, New Jersey," prepared by

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Amara Associates, LLC dated December 18, 2015 consisting of 2 sheets I
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d!'signated as $1.i~et No. A'50:0 and A-5.0 J. (lnarked collectively into evidence as 1
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Ex]iihitf\:c5). J
(5} Architectural. drawings entitled, "CVS Pharmacy," prepared by Neves
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Architecture and Design, LLC dated March l7, 2015 consisting of the following ;
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2 sheets (marked collectively into evidence as Exhibit A"6): '
(a) Sheet No. OL-1 entitled, "Outline Plan".

(b) Sheet No. PL-2 entitled, "Proposed Exterior Elevations".

(6) Artist rendering of proposed CVS Pharmacy (marked into evidence as

(7) Diawing
. entitled, "Minor Subdivision
. of Molnar Lane,
. A 20-Fool Right-Of-Way,
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Lols 7, 8, 10.01., 1LOT in B!ock.81.01 and Lol l.01 in Block 16LOJ & NJDOT

Parcels VX86 & VX89, Tax Map of Borough of Lodi, Bergen County, State of l
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New Jersey" prepared by The Faraldi Group, Inc. dated March 20, 2015 (marked

into evidence as Exhibit A-10).

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vYHERJ!lA.S, the Planning Board.also considered the follovi>ing documents:

(1) Tile Applicant's "Affidavit of Mailing and Publication" (marked into evidence as
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Exhibit A-1).

(2) Traffic Study entitled, "Main Street Retail, Lodi, New Jersey", prepared by

Michael Maris Associates, Inc., dated March 2016 (marked into evidence as

Exhibit A-8).

(3) Updated Traffic Study entitled, "Main Street Retail, Lodi, New Jersey," prepared

by Michael Maris Associates, Inc., dated April 2016 (marked into evidence as

Exhibit A-9).

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.(4) Cqpy . of ''Redeveloper Agreement For The Downtown Redevelopment Area of

the Borough of Lodi, Bergen County, New Jersey" by and between the Borough
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of Lodi and Crown Properties, LLC dated Octob~r 28, J 99ll. Ii
(5) Document entitled; "Stomnvater Management Report for Main Sfreet. Retail," i
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prepared by JMP Managenient, LLC dated January 20. J 6.

(6) Variance Sign Package for CVS Phannacy consisting of 4 pages.

(7) Store Wind.ow Graphiqs Program for CVS Phai'1nacy consisting of3 pages. I1.
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(8) Copy of unexecuted "Declaration of Covenants, Conditions and Easenien.ts" i
between the LA Filness'parcel owner and tl1e CVS Pham'la:cyparcel o.wner. ,i...
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(9) Proposed description. for the. 2 subdivi'cled lots prepared by The Faraldi
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Group, Inc. dated March 20, 2015. I
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(l 0) Letter .from Paparazzi Associates; Inc. to the Planning Board dated April l 2, !

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2016. !

WHEREAS, the plans and all reports have been reviewed by the Planning Board I
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Engineer, Neglia Engineering Associates, and their comments .and recommendations are set forth I
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in their letter to ihe Planning Board dated March 30, 2016; and f.
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WHEREAS, the Planning Board has considered the aJiplication for prelimiiiary and final i'
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site plan approval, subdivision, variances, deviations and waivers with specific reference to the /.
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objectives set forth in tl,ie Borough's Zoning Ordinance, as well as the Borough's "Downtown !.

Redevelopment Plan"; and

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WHEREAS, a public hearing of the Planning Board was held on Wednesday, April 13,

2016 (in which due notice was given) and during which the Planning Board heard testimony by

the Applicant and the Applicant's representatives and experts and the Planning Board having

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re\iie,ved and considered. all conespondence, maps, plats, reports and public input on the

applicatiml"as well.as the presentation by the Applicant's attorney, Thomas J. O'Connor, Esq,; '
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NOW, THEREFORE, BE IT RESOLVED that the Planning Board makes the

following fii1dings of fact.;

I. BACKGROUND

Uj:ron a review of the apjilication and plans, the Plannil)g Board makes the following
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findings of fact: '.

o The subj eel property is located al 199-23 l Main Street, inclusive of Molnar Lane,

between the existing Shop .Rite and Route 46, ;..

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{> The subject property consists of the following adjacent tax Jots and localed on the

westerly side of Main Street and are owned as follows:

(a) Block 81.01, Lots 7 and 8 are owned by Nappwood Land Corporation,

201' Tesser Boulevard, Stamford, Conneclicul.

(b) Block 81.0T, Lot JO.OJ is owned by Hexcel Corporalion/Thon1son

Reuters, 2235 Faraday Avenue, Carlsbad, California.

(c) Block 161.01, Lot l l.01 is owned by Jenny Ruggieri, 230 North Main
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Street, Lodi, New Jersey. ' .

(d) Block 16'1:01, Lots l.Ol, 2.01, 12 and 17 are o\Vned by \he New Jersey

Department of Transportation, I 035 Parkway Avenue, Trenton, New

Jersey.

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.~ That .the Appli,cant aclmowkdges thaJ jidor to. the developmenl of the proposed l
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siti', th.e Applicant must obtain title from all of the owners set forth above. 1 ...I
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That the subject prope1iy, consisting of 8 Jots; creates a parcel of approximately
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6.4 acres. The subject property lies fully within the Borough's downtown
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redevelopment area for which the Redevelopment Plan was adopted in 1998.
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II. PRELIMINARY AND FINAL SITE PLAN I
A. TESTIMONY FROM TB:E DEVELOPER
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The Applicant's representative, Doug Kanter, testified as follows:

+ That he is a pri1icipal owner of Crown Properties, LLC, the Applicant and j

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Redevelop.er herein. i
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Thlit the Applicant has been tile redeveloper for the prior 3 phases of the
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downtown redevelopment which consists.of the following: I

(a) The Valley Na!ional Bank building. i I
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(b) Shop Rite.
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(c) The TD Bank/7 Eleven complex. ;f.
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Thal the proposed development of an LA J'itness and a CVS Pharmacy
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will be the .final phase of the downtown redevelopment along the westerly
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side of"Main Stree! between Union Stree! and Rt. 46.

That, over the past. few years, there have 'been substantial improvements lo I
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the Route 4.6 ramp and lo that portion of Main Stree! which runs parallel lo

the subject site. Those improvements were specifically constructed so as

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~rhe Planning Board Attorney has deterrnined that the Applicant, as the 11 designuted developer", cnn proceed \\'ilh
the application even though the Appl!can! is not the oi,.vner or the subject properties nnd \'Iii/ 1leed to obtain the
appropriate Lille from the aforesaid O\vner~ prior to developing !he site. I
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 to prnyide tire apPr6prfMe aC<c<':s to. the subject property s.o it can be i
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pr(ipe,dy. redevd6ped.
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Th.at tlie Ajlpli.canf is in serious contract negotiations with Nappwood, !..
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HexceJ, Mrs. Ruggieri and the New Jersey Department of Transportation
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for purposes of acquiring title to their respective lots. More specifically, I

.contracts have been prepared and forwarded to Nappwood and Hexcel,
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and closings are anticipated within the nex:t couple of months. With

respect to the NJDOT, the contract has been approved by the State of New

Jersey and a closing is inuniuerit.. With respect to Mrs. Ruggieri, contract

negotiati.ons are presently ensuing and it.is anticipated.that a contract will

be finalized in. the very near future.

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That. with respect to the NJDOT approvals which are re9uired in order to

"close" on the Nappwood and Hexcel contracts, the site work is

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substantially completed and the issuance of the appropriate DEP pennits

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~t"e expected in the Fall of2016, but no later than the first quarter of 2017. i
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B. ENGINEERING TESTIMONY j
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The Applicant's representative, Vincent Facchir10, P.E., P.P., testified as follows 1
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~ That he is a New Jersey licensed engineer and pla1mer and is employed by I

JMP Mairngemenl. He has appeared before many Planning Boards and I

Boards of Adjustment in the Stale of New Jersey and has appeared before r..
the Lodi Planning Board several times. 2 I! :
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The Plaruiing Board accepted his credentials nnd he \Vas pennittec\ to tcstilY ns an expert in the field of Civil
Engineering ~nd Pr_ofessional Planning.

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~ TJiat t!Je pri:iP.erty is ,5itate(I oetween ShdjJ Rite and. Route 46.
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(1) Existiril(Cbt1ditions i
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~ That the existing conditions are set forth on Sheet No. of 13 of i
Exhibit A-3.

That the entire site is m the Borough's Downtown Re.deve)opmeni

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District.
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~ Tha.t the property is situated between Shop Rite an.d Roule 4(5. i'
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~ That there presently exists on the siie "remains" from the previous /.
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bui.Jdlngs. These "remains" will be demolished and removed prior lo

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.construction. Also, with respect to the one-story concrete buililing located . I
on Lot J ..O l, that building has been recently demolished and any "remains" I
vlill also be removed prior to construction.
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That there presently exists a 20-foot right"of-way known as Molnar Lane

which is located between the proposed LA Fitness.and CVS Pharmacy. !' '

The proposed project contemplates vacating Molnar Lane.

That the entire site is located within a designated flood plain area and that i
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the ekvalions ofthe proposed buildings will comply with the Dqod hazard

regulations.

<> That the existing s1orm drainage pipe will remain.

(2) . Proposed Construction

<> That the proposed construction JS set forth on Sheet No. 3 of 13 of

Exhibit A-3.

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9 That the Appljc~nt proposes to C6nstr.i.lct an LA Fi!ness and a CVS

Pharmacy. The propos;o,d sqliare f66tage for the two buildings will be as

follows:

LA Fitness: 36,980 Square Feel (Ground Floor)

8,020 Square Feet (Mezzanine)
45;000 Square Feet Total

CVS Phannacy: 13,085 Square Feet (Ground Floor)

J ,728.Sql!are Feel (l\1ezzanine)
14,813.Square Feet Total

That the follov,iing improvements are proposed:

(a) Concretectiibing.

(b) There will be './.91 parking spaces: provided for LA Fitness and 85

parl~ing spaces provided for CVS Pharmacy for a total of 376

parking spaces.

(c) Drainage improvements.

(d) Proposed rear retaining wall with decorative railing.

(e) With respect to the CVS Pharmacy, !here will be a "Drive-Thru".

(t) Bo!h buildings will be equipped wi!h the appropriate dumps!er and

dumpster enclosure.

(g) A sidewalk ramp with handrails will be installed for !he CVS

Phannacy.
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(h) A re!aining wall will be ins!alled in front of the CVS Pharmacy
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which will run parallel to Main Street.

(i) There will be 1 ingress/egress access which will be subject to !he

existing !raffic signal.

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 .G). TheJ'e will \le I loading zone for the .CVS Pharmacy and n.o loading

z0ne for LA Fitness.

That the proposed .bnildings will comply with all of the bulk requirements

of both the Lodi Zoning Ordinance and the Downtown Redevelopment

Plan with the exception of those variances/deviations/waivers pertaining to

the loading areas, signage and window designs as more specifically

detailed below,

That the cormection and distribution lilies for all utilities servicing the.

proposed buildings will be installed underground,

(3) G:rndingP!nn

~ That the Grading Plan is.set forth on Sheet No. 4 of 13 of Exhibit A-3.

o That the entire property is located in the J oo-year designated flood area.

Thal with respect to LA Fitness, the flood elevation is 30.40 feet. With

respect to the CVS Pharmacy, the flood elevation is 30.80 feet.

That the proposed buildings will be constnicted at least I foot above the

existing flood elevations.

Thal all drainage will be co.llecled into 3 separate areas/inlets and then ; .

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discharged into the existing slom1 drainage system.
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('I) Landscaping.and Lighting

That the Landscaping Plan and Lighting Plan are set forth on Sheets 5 and

6 of Exhibit A-3,

Thal the landscaping and lighting plans will be more than sufficient for the
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proposed project and will be an aesthetic enhance.ment to the site.

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 (?) Soil Erosiiln

Jhat the Soil Er0Sicil1 and Sedi11ie.1it Control Plan is set :forth 011 Sheet

No. 7 ofE1'hibit A-3.

. 9 That the proposed plan for soil erosion will adequately protect the site and

adjacent prope1ties during construction.

(6) Maneuverability of Trucks

That the drawing depicting the maneuverability of trucks is s.et forth on

Sheet No. 8 of Exhibit A-3.

That the site will be.ccinstructed with the appropriate fire Janes and aisles '
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. sufficient for a 47-foot fire truck and a 5.0-foot trailer to maqeuver

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successfully cii1 ihe site. The drawing depicting the Iilaneuverability of the

trucks is set forth on Sheet 8 of Exhibit A-3. 'f.

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(7) Review Letter of Neglia Engineering Dated March 30, 2016
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That the Applicant's engineers will comply with each and every suggested

revision ancl(o1: c()mment made by Neglia Engineering in its letter to the ;.

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Planning Board dated March 30, 2016.

(C) TESTIMONY AS TO THE PROPOSED PLANS FOR LA FITNESS

.lames O'Sullivan, on behalf of LA Fitness, testified as follows:

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9 That he is the Director of Development of LA Fitness Cc1iters m the '
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northeast area.
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That with respect to the architectural plans (Exhibit A-4), the proposed

building for LA Fitness will be 45,000 square feet consisting of

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 36;980 square feet on .the ground floor and 8,020 square feet in the

mezzanine.

That the ground floor will co.nsist of areas for free weights, cycling,

basketball,.lockers, a pool and. a reception area.

That the mezzanine area wiH be ut{lized for aerobics and cardio/stretching

e;<.ercises. L
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That with respect tp Exhibit A-5, Applica(itis seeking 2 building slglis for !
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LA Fitness. '
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That the LA Fitness building WiJl be cQnsl1i.icled. in the color and .with the

mat~rlals:depicted onExhibil A-5.

That the typical hours ofoperation are as foflows:

5:00 A.M. to 11 :00 P.M. Monday through Thursday

5:00 A.M. to 1O:oo P.M. Friday
8:00 A.M. to 8:00 P.M. Saturday and Sunday

These times may vary lo meet local membership needs, '

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~ That the peak time for LA Fitness is usually the first few weeks in ;,
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January. During that peak season, there will be approximately 1,000 lo

1,500 work-outs per day.

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Ttiat with respect to deliveries, there will be approximately 3 box trucks

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per week, if not less: !
That with regard to refose and recycling, there w'ill be a 3-yarcl refuse bin
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and 3-yard recycling bin which will be picked up 2 times per week.
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 J.hat the overal.1 ~rch.iteclli1'.al design pf LA. fitnes~, as (iej)icted on '
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Exhibit-A-5,_ is consistent Wiih. tlie B0rough'-s Dowrilo~vn Redevelopment

Plan.
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.(D). .TESTIMONY AS TO THE PROPOSED PLANS FOR CVS PHARMACY !
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Marco Neves on belialf of CVS Pharmacy, testified as follows:. i
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1 That he is a licensed architect of the State of New Jersey and has appeared i
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bdore many pJann:ing Board throughout New Jersey.

That he prep.ared the plans for CVS Pharmacy which were marked into I
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. evidence as Exhibits A-6 and A-7.
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That. tl.ie proposed-CVS _Pharmacy will be 14,81.3 squme feet consisting of !.
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13,085 square feet on the ground floor i1ncl l ;728 square feel in the '
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rheizanine.

Thal in conjunction with the CVS Pharmacy, there will be a "Drive-Tliru"

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lane. f.
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Tha.t the propose9 interior layout for the CVS Pharmacy is set forth on 1
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Exhibit A-6.
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That the exterior of the CVS Pharmacy will be as depicted on Eiihibit A-7.
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That CVS Pharmacy will have 3 "identification" signs on the building, ,i .
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2 "Drive-Thru" signs and several directional signs. i
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That the total square footage for the wall signs and clrive-thru signs will be

323 square feel which is in excess of the maxim urn allowed of 300 square I
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feel.

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The Planning Board accepted his crcdcnlials and he vtas permitted to testify as lln c;.:pcrt 111 the area of Ij
Arch itccturc.
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 4 That CVS Pha.nnacy will employ approximately 30,employees.

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? That CVS Pha.mrncy is coiltemplaling being open 24 hours a day.
1 That with respec.t to deliveries, there will -be one 50-foot tractor trailer

delivery per week which will take approximately 45 minutes. There will

~lso be several deliveries per week via smaller trucks which delivcries will

take approximately 10 minutes.

That the ov.erall architectural design of CVS- Pharmacy, as depicted on

Exhibit A-7, is .consistent with the Borough's Downtown Redevelopment

Plan,

(E) TRAFFIC TESJ'IMONY

The Applicant's represei1tative, Michael Maris, testified as follows:

4 That he has ovei 45 years of experience in ihc field of traffic impact

assessment and design and has appeared before many Planning Boards,

including the Lodi Planiiing Board. 5

That his firm, M ichae) ivfaris Associates, Inc., performed a Trnffic Study

and Updated Traffic Study which is set forth in his reports dated March

2016 ai1d April 2016, respectively. Both reports were introduced into 'j.'
evidence as Exhibits A-8 and A-9 ..

Thal he testified in the Applicant's earlier application before the Planning

Board pe1iaining to a proposed Kohl's. At that time in 2008, there were

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t \Vilh respect lo n 24~hour operation, an issue \\'as raised by the Planning Bo<ird \\ helher ;idditional security should
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be employed during the night hours_ In response therelo, Joseph Stanley, a representative for CVS, testified that the
store is equipped vvith many <ilarn1s and security cameras \vhich serve as adequate protection.
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The Plnnning Boclfd accepted his credentials and he v11as pcm1itted to testify 85 a proressional expert in traffic <ind
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traffic design.

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' . certain improw~ments whiCh needed :to be completed in cird.~r to
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sufficiently senrlc.e the ](olii's project.
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Tha.t. a1 :tjie time the 'Kohl's department store was being pi'oposed in I
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2007-2008, the NJDOT was i.n the process of designing improvements to

the US Roule 46'1ntercliange. At that lime, !he interchange plans needed to

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be modified lo include a driveway i1ito the Kohl's site. While Kohl's has
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J.Jot be!m constructed, the ihtefcharige improvements, .site driveway and i

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traffic signalization.have all been construc(ed. i
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That since 2008; aJJ of th(: conlei11platcd inipr6ven:ieh!s have (low been

completed and thl)s.e completed improvements will npw effectively ; .

compensate for any traffic issues. ii

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That With respect lo the ti'affic issues, the traffic to be generated by LA I
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'Fitness and CVS Phannacy will be substantially less than the traffic which I!
would have been generated wit.h Kohl's, A traffic study was conducted on

the following dates and times: !"

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(a) The peak'moming commuter period af7:30 A.M. lo 9:30 A'.M. on

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Tnesday, April 12, 2016, i'.
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(b) The peak evening commuter period of 4:30 P.M. to 6:30 P.M. on !;

Thursday, February 4, 20 l 6. !'

(c) The peak shopper period of l :30 P.M. to 3:30 P.M. on Saturday,

February 6, 2016.

Thal since the proposed construction will not be completed until

approximately 201 8, a capacity analysis was perfom1ed for the year 2018

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 tiy ~sing the exiSting. ge.0metryand findings, The geometry and findipgs
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!ippear to. indicate that the amount of traffic to be geherated by the
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proposed LA Fitness and CVS Pharmacy will. r!ot significantly impact !

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traffic flow and that the intersection ahd al.1 approaches wil1 continue to
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operate similar to the fol1owiiig existing conditions, a.s show in the
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following Table:
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Direction Peak :AM Hour Peak PM Hour Peak Sat. Ho.ur
LOS Dc!ay LOS Delay LOS Delay.

Eastbound D 37.5 D 42.2 c 28.l i'

Westbound B 18.6 D 4~.4 c 26 . 2
Northbound B 15.6 c 29.5 c 19.I
Soutf:ibound I? 19.2 c 20.9 A 9.3
ri1tetsection .B . .17.1 c '31. 7 c 1'7..3

? That based on the traffic projections and analysis, he concluded that the

proposed LA Fitness and CVS Pharmacy can be constructed without

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significantly impacting the traffic flow in the area. In foct, the existing '

roadway geometry, combined with the improvement identified therein,

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will provide sufficient capacity to serve the existing and projected trnffic i
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volumes. I'
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111. . SUBDIVISION !

The Applicant's representative, Vincent Facchino, P.E., P.P., testified as follows:

? Thal the subject property will be divided into 2 lots as set forth on Exhibit A-l 0.

9 . That more specifically, the subject properly will be subdivided as follows:

Proposed Lot l.01 (LA Fitness): 4.368 Acres

Proposed Lot l.02 (CVS Phannacy): 2.071 Acres

<> That the proposed subdivision will, in all likelihood, be perfected by the Dling of

the appropriate map similar to Exhibit A-l 0.

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 9 That the proposed subdlvlsioh will be si1bje~! to a doc11rijent enJitlecl, "Decliu:~libn

of Covenants; Cpngitions and Ease_ments," to be exe_cnted by the :2 owners of the

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propo_sed lots, ' ,, !
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That each of the proposed Jots will b_e accessed via a new common driveway and

that Molnar-Lane will be vacated.

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Ii That the proposed subdivision will be consistent with the neighborhood scheme as

contemplated.by .the Borough's Downtown Redevelopment Plan,

IV. VAIUANCES, DEVIATIONS AND WAIVERS

The Applicant's representati_ve, Vincent Fac.chi\10, P.E. , P.P., testified as to the following I f
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variances, deviati6!1s Bild Wfli\rers being requested in. connection with the proposed i\
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development: 6
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Ii That in preparation for his testimony, he reviewed the Borough's Master Plan,

Zoning Ordinance a_nd Downtown Redevelopment Plan.

(A) VARIANCE (Loading Space)

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The Applicant seeks .a 'varia[lce from the Lodi Zoning Ordinance as to the number of
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loading spaces required for each of the propqsed buildings.
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~ That pursuant tQ Borough Ordinance 585~l4(c),2 loading spaces arc require.ct for i
the LA Fitness building.

That the Applicant is requesting that no loading spaces be required because a

loading area is not needed for a fitness center/hea/ih club. In essence, !here is
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nolhing lo load or unload.

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As sel fonh above, the Planning Board accepted his credentials snd he \Vas pennilted to testify as a professional i
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planner. I
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 That !J:ie loading area Will be be_tt~r iitilized for additional co11yeniept p~rking

/)N\:.e-s, If the -use qf the. buil.di.ng ch;i.riges: in .llie fuhire, -a Joa_c\irig area can be I.

.e[lsily accom\ncidated.
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. ? That there will be no s1ibstantial detriment to the public good and will not impair

the intent or purpose of the Borough's Zoning Ordinance if a loading area is not

required for the LA Fitness building.

(B) DEVIATIONS [Signs)

The Applicant is requesting deviations from the Downtown Redevelopment Plan in

connection with the number ofsighs and the total square footage of wall $igns.

? That pursuant'.. to Sec;tion V, A(5).(a)(2)(a). _and (e) of the D_ciwilto.wn

Rede,;elopmenl Plan, the. lolal area of a!J wall signs shall not exceed l square foot

for each foot of the_ building frontage, but, in any event, shall not exceed a

maxitiium of JOO square feet in the aggregate. Moreover, there can be no more

than I sign permitted for each tenant on the premises qf each wall facing the
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street.

~ That the Applicant is requesting !he following:

Two (2) internally illuminated wall signs on !he LA Fitness building

where only I is permitted.

Five (5) internally illuminated wall signs on the proposed CVS Pharmacy

building where only 2 are permitted.

That the total wall sign area for the CVS Phannacy building is 323 square fee! in ii
!he aggregate comprising of the following: I'
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Three (3) "CVS/Pharmacy" signs at' approximately 90 square feet for a

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total of.~70 sguare feet,.
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Two (2) '.'Drive-Thru Pharmacy" .signs at 26.5 feet each. 'for a total of 53 i
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squa:re feet. .. thils, a total of 323 square feel. J .:

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That 1l1e Applkan.t is also requesting several smailer accessory ground signs

which wii.J direct vehicles opsite for deliveries and' for directions to ihe drive-thru
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lane.
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~ That with respect to all of f)le requsted deviations, Mr. Faccliino testified that

pursuant to Article V(B) of the Downtown Redevelopment Plan, the Planning

Board has the disc.retion to:grant deviations where. ibe prop<':rty is unique .and/or i
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contains topngrapliical conditions which prohibit the prope1ty from beii1g

developed without exceptional or undue hardship. Pursuant to said Article, the

Planning Board also has the right to giant deviations where the purpose of the

Downtown Redevelopment Plan would !Ye advanced by a deviation from the strict '.:

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requ.irements of the plan and the benefits of the deviation would outweigh any

detriments. !-
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That all of the above requested deviations can be granted pursuant to Article V(B) !
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of !he Downtown Redevelopment Plan and also pursuant lo N.J.S.A. '
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40:55D-70(c)( I) and (2). More specifically, the proposed signs wiil provide '
identification of the building for patrons which are approaching the site from II
different sides. Moreover, the signs are consistent with the scale and character of f

the proposed buildings and uses. Clearly, the benefits of granting the requested I
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deviations outweigh any detriments. In fact, by granting the requested deviations,
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 the ~oals of the. Downtovin Red.evelopmenl Plan are met espec.ia!ly wh~n

considering the physical constraints of the property.

(C) DESIGN WAIVERS (Location ofCVSPharmacy Building and Window Design

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The Applicant is also requesting the following design waivers from the Downtown
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Redevelopment Plah:

(J) A design .waiver from Section III, A()) to permit the proposed CVS
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Pharmacy bildj)1g to \:>e placed further away from "the Main Street
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right-of-way line." This waiver is being requested due lo l)1e unique '

. confjguratfon and grading of the site in proximity to the NJDOT Route 46

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ramp andthc re~configuration of the Main Street intersection in that area, .

(2) A design waiver from Section III, A(J) lo pe1111it the LA fitness building

to have decorative windows totaling 28% of the street frontage facing

Main Street instead of 60%.

(3) A design waiver from Section lll, A(3) to permil the CVS Pharmacy

building to have decorative windows totaling 53%ofthe street frontage

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facing Main Street ins lead of 60%. !
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A design waiver from Section Ill; A(3r to permit the windows on the

LA Fitness building to be placed at a heigh.! more than 3 feel above grade I

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instead of"no more than 3 feet above grade".
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(5) A design waiver from Section Ill, A(3) lo permit the windows on the I
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CVS Pharmacy building to be placed at a beight more tlrnn 3 [eel above I
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grade instead of "no more than 3 feet above grade".
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 (6) A design Wiii\~er from S.ection III, .A(6) to permit the gap In the street

frontage along Main Street between. the LA Fitness building and the CVS

Pharmacy building to exceed 200 linear .feet instead of the pennitted

maximum of2b0 linear feet.

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That with respect lo all of the above-requested design waivers, they are the
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result of a hardship .due to the constraints of the property, specifically the I
existing 60-inch covert pipe and the floodway limitations, as well as the i
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environmental issues. These constraints create exceptional difficulties that l
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. . prevent locating the building at the Main Strcetright-of-way. '
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That the benefits of. granting the above design waivers would ouiweigh
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~ . any detriments.and will not impair the intent or purpose of the Downtown "
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Redevelopment Plan. I
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That the proposed development satisfies the purpose and goals of the

D'owntown Redevelopment Plan in that it will create economic

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.. development and growth opportunities, provide for an increase in the i
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economic base and last, but not least, a reasonable and aesthetic-pleasing I
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rcdc.velopment of the area which has been an eye sore for many, many i.
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years.

ADOPTION OF FIND IN CS OF FACT BY THE PLANNING BOARD 1

The Planning Board hereby adopts all of lhe above facts. Jn addition, the Planning Board i
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also considered the testimony and exhibits presented as part of the application and has ,.
determined lha1 based. on the above-mentioned facts, the requested approval, deviations and/or 1.
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 waive!'s are consi~(e!lt .wiU1 th_e B.bniugh's Zo)1jrig Qrdifla)Jce and Dqwntown Redeveloj)lilen1

Plan,

NOV/, TfIE):{E:VORE, B.E IT .RESOLVED by the Planning Board that based upon the

above fin.dings of fact:

I. PREMINARY AND FINAL SITE PLAN APPROVAL

The app'lication 6f Crown Prop.erties, LLC for preliminary and final site plan

apprnvaJ peiiainingto (lie proposed constiltction of an LA Fitness and CVS PJ1annacy located at

199-231 Main Street, Lodi, Nev>' Jerse)', being Block 81.01, Lots 7; 8, l(J.01, 11.0J and 12 and

Block lOLO 1,. Lots l.O J, 1.02-, 2.0J arid. 17, a.11 of wliich ih'tprovemeilts are specifically set fotih

on the subject plans, ishetehy granted.

IL' . SUBDIVISION

The application of Crown. Properties, LLC for a subdivision of the subject Jots as

more.specifically set forth the subdivision plan designated as Exhibit A-I 0 is hereby granted and

the subject Jots are hereby subdivided as follows:

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Pr6posed Lot 1.01 (LA.Fitness: 4.368 Acres ,.,1

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Proposed Lot 1.02 (CVS Phannacy.): 2.071 Acres '

III. VATUANCE
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The application of Crowri 'P'roperties, LLC for the following vai'ia.nce is hereby i
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granted: '

(I ) A variance to permit the LA Fitness building lo be constructed without a

loading area pursuant to Borough Ordinance 585- I 4(cJ.

IV. DEVIATIONS

The application of Crown Properties, LLC for the following deviations from the

Downtown Redevelopment Plan is hereby granted:

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 (l} A, devi'ati.0n to. permit the: propos.ed LA Fitness building to have 2

in.tcmaily illuminaled wall signs where only is pennilted pursuant to '

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Section V(5)(2)(e) .. i

(2) A deviation to pennit the proposed CVS Pharmacy buHding to have 5 I

internally illuminated wall signs where only 2 arc permitted pursuant lo
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Section V(5)(2)(~).

(3) A deviation to permit. the proposed .CVS Phannacy lo hav.i;; 3

"CVS/l'hannacy" signs and 2 "Drive-Tlu-u Pharmacy" signs totaling 323

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square feel where only -300 .square feet is permitted pursuant ,(o
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Section V.(5)(2)(a). \
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(4) A deviation to pem1il the proposed CVS Pharmacy building to have t.
several small accessory ground "directional signs" as more specifically set

forih in the CVS '.'Sign Package".

V. DESJGN WAJVERS
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The application of Crown Properties, LLC for the following design waivers from i
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the Oowntown Redevelopment Plan is hereby granted: i
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(I) A design waiver from Section lll, A(I) lo permit the proposed CVS

Phannacy building to be placed fmiher away from "the Main Street [

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right-of-wi1y line."

(2) A design waiver frolll Section lll, A(3) to permit the LA Fitness building
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to have decorative windows totaling 28% of the street frontage facing
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Main Street instead of 60%. I
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(3).. .A design wa)veF frohi Section Ill, .A(3) to permit the CVS Phar:macy i'
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buijdiilg -to have decorafrve Windo\NS totaling 53% of the street frontage r
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fac_ing_Main Stre.et instead of 60%. !
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(4) . .A design waiver from Section In, A(3) to permit the windo.ws on the I
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LA Fitness building to be placed at a height more than 3 feet above grade

instead of"no more than 3 feet a):iove grade".

(5) A design waiver from Sectfon J'!i, A(3) to permit the windows on the

. CVS Pharmacy building to. be placed at a height more than 3 feet above

gra<;le instead of"nomore than 3 feet above grade".

(6} A desi1>n. waiver from Sectfon m, A(6) to permit t_he .gap in tlie street

frontage along Main Street between the LA Fitness building and the CVS

Pharmacy building to exceed 200 linear feet instead of the permitted

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maximum of200 linear feet. !

BE IT FURTHEH. RESOLVED that the. approvals-set forth above are subject to the !..
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following conclitions:

(l) That the granting of the applications is subject \o the approval of the Bergen

County Planning Board.

(2). That the granting of the applications is subject to the approval of the Bergen

County Soil Conservation District.

(3) That the granting of the applications is subject to the review and approval of the I
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Borough's Fire Prevention Bureau. i'

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(4) That the granting of the applications is subject to the review and approval of the

Borough's Board of Health, if necessary.

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(5) That the Applicant shall obtain and compiy:with :~ny ru)d ?11 federal, state, county .I
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and borough governn\_eri! rules; ordinanfrs ai1d r~gulations with regard to the

granting of the applications herein, includiiig the payment of all fees established !

by !he Borough. for the revi.ew of the subject applications.

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(6) Tlla!"!he Applicant shall enter into a Developer's Agreement with the Borough of I
Lodi, which Agreement shall .encompass all terms, conditions ,md factors
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necessary .lo gua.rantee and insure :th pi"oper development and completion of all

improvements at the subject site as approved by the Planning Board. The subject

Developer's Agreeri1erit shall be entered into by the Applicant with the Bomugh
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of Lodi to .be cira0n _by the Planning Board Attorney and reviewed and approved ,.
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by the Borough Attorney, Fi.uthetri1ore, the Applicant shall post all appropriate

bonds in suitable form in accordance with the recommendations of the Borough

Engineer.

(7) That. the Applicant shall allow. for the enforcement by the Borough of all New

Jersey Statute~ pertaining to Title 39, The Applicant will erect any and all signs

necessary for the Borough to enfm'ce Title 39.

(8) The Applicant is to provide to the Planning Board Attorney for his review and

approval the final executed of the "Declaration of Covenants, Conditions and

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Easements'; to be executed by the property owners of the 2 proposed lots. !
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(9) That the approvals arc subject to the Applicant's receipt of any and all approvals I.
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from -the New Jersey Department of Environmental Protection,. including--any

other state or local agency pertaining to the remedial action .that is presently under
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w;y, These approvals must be reviewed and approved by the Plmming Board's

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 engiiier, tiJ c\onfi.rin. that all suc;li approvals required .to start constructi.on have

been cibt~iriec1 prior to. !he.issuance Of any building pem1its .

.(10) That lhe appi:ovals are subject to the Borough's vacation.of Molnar Lane.

(l J) That. the approvals are subject to the review and approval of the New krsey

Department of Transportation, if required.

(12) That the approvals herein are subject to the Applicant purchasing and "closing

title" with .the following 4 owners:

Nappwood Land Corp.:
HexceJ Corp.:
Jei:iiiy Ruggieri:
NJDbT:
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Block 81.01, Lots 7 and 8
Block 81,0J, Lot 10.01
Block 161.01, Lot 11.02
Block i'61 .Oi, Lots 1.01, 2.01, 12 and 16

(1 J) .That the Appl'icant shall ccitnply a\1d/or othe1wise satisfy a)I of the conditions set

forth in the review letter ofNeglia Engineering Associates dated March 30, 2016.

(14) That the propos.ed subdivision shall be peifoctecl by the filing of the appropriate

subdivision map with the Bergen County Clerk's Office as required with the New

Jersey Municipal Land Use law, N.lS.A. 4b:55D-l, el seq.

BE IT FURTHER RESOLVED that the Chairman anc] the Secretary of the Board are

hereby authorized to affix tiieir signatures to l)Jis Resolution granting preliminary and final site

plan approval, subdivisio1i, variances, d.eviations and waivers with regard to the proposed
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construction on premises known as Block .81.01, Lots 7, 8, JO.OJ, 1 J.01 anc] 12 and Block

161.0I, Lots 1.01, l.02, 2.01 and 17, 199-231 Main Street, Lodi, New Jersey. The Secretary to
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the Board is hereby authorized Lo advertise the action taken by this Resolution in the local

newspaper ancl furthermore send copies of this Resolution 10 the Borough Tax Assessor,
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Construction Code Enforcement Official, Building Subcocle Official, the Applicant's attorney,
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Thomas J. O'Connor, Esq., and to the Borough Attorney.

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 A fi)otion lo approve the appliatio11 was mad.eon April 13, 20 J 6 by the folJbwjng'Vole:
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Nanie. Motion S.ecbnd Yes No Abstain Absent lndigible i
Marjorie Ilreitwieser :x l!
Fran.cis Canasco x x
Al Noreika x '
Thomas Palumbo x
Paul Wanca" x
Dave L(l1iz xx ...
Michel Apicella
John Baldino, Jr, x x
Vincent Martin x

The Board mem.orialized its findings qnM8Y 11, 2Ql 6 by the foll.owing v(lte.:
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Name Mo.lion Sec.onci Yes No Abstain Abs.e.nt Ineligible
'Marjorie Breitwieser . x
Fr.ancis Canasco y' K_ !'
AlNoreika / !I
Thomas Palumbo )I/ '
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Paul Wanco >(
Dave Lortz vr
Michael Apicella >L_ 'X
John Baldino, Jr.
Vincent Marliq '-
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APPROVED: PLANNING BOARD OF THE
BOROUGH OF LODl l
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~~.JIG,tf~~ fi/Y/44~ I'
EL'AJNE DENOBJLE, Secretary ALEXANDER NOREIKA, Chairman

THIS RESOLUTION WAS PREPARED BY JOSEPH A. RUSSO, ESQ.

G:\l.odi Planning 8oard\Crmn1 frvperrlr.:s\Rcsol11fio11-2016.dnc.\'

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EXI-IIBIT B i
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Febru8cy I3',. 20 i 7

Viec: E-~1AIL & REGULAR M An,

1Jruriic:jpal Building
Borough of Lodi
One MC.inorial Drive
Lodi, N~\V. iersey 076 114
J11.:>t!fil1 E. N1~9li;.., Pf:. l'P.. PLS
.Ml, 1:rt?.i111hw 111 :.u; ~11t!tri
Atilt; lvfs. Sharon Salvacion
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Mi1;bal!{ ,;. N!!glfa. fll. PP, PL'>
~ .... ~;111,!"i
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l\c: Bond Estinlate
M~.in SI.Teel Retail
199,201, 2-05 & 23) Main Strecf
Bi~ck 8l.Ol ;i:ots 7, 8; JO.OJ, ll.01 & 12
Block J3) .0 i; Lots 1.0 I, 1.02; 2.dl, & 17
BOn:lugh of Lodi, Bcfg~n Cou.nty, Ne\v Jersey
.NEA Projc.ct No.: LODXSPLIG.010

Hon9rab!e Board Members:

As requesfcd, Neglia Engineering Associates '('"NEA 1' ) has rBvic\vCd the Site Plrins prepc:ir.cd ~y
Vinc~ntFaq:;hh19, r . E: of JMP ~.1anagcrucnt, dated F.ebrunry5, 2016, last revisCd Nove1nhcr 15,
.26r6 .. .We Ila Ve prepared a coustrllction cost .esrhua{e, \\hich iS- auacheiJ lo this Jetrer. The
_nnticijJated cost of the she improvc1nents iiioludl:ng the l20o/o cost or" inSIHl!c1tion as idcn!Uled
vlithih the Municip<!l Land Use Law (MLUL) is One Million 'fltree flundrcd Forty-Two
Ti1011s:ind Fot1r Hundred 'ren Dollars nntl Zero Cents ($'li342,410.00).

In accordnncc 'vilh the JvILUL, the Applicant is required lo post a Performance Bond for 90% of
the anlount identified above or $1,208,169.00, and the renu1irring lOY11 or $134,241.00 is lo be in
the forrn of cash. fn addition, the Applicant i~ required to provide inspection fees in the mnounl of
5% the total cost of improvements or $67,120.50. The Applicant is also required {o post n i! .
lvfaintenal'}CC Bond. in tli~ no1ot11H of 15% 9f U~e Iola) cost of the improvc1ncn1s or .1201 ,361.50 at
the con1plctiou of the consln1ction. 'fhc Applicrinf has requested the opportunity to bond the l
fnll :11nq1~nt 1 h1stend of.cnsb, for the Tfrn1rJJls consideration. \Ve defer tothc Board regarding '.
!his request, The total boudc<I request is One J\1illion Three Jlundrc.d Forty~T,Yo Tbousau<l
Four Hundred Ten DoUars~{lld Ze1:0 Cenfs {$1,342 1410.00).
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l trust you \l,ilJ fuicl 1hc. above in order. ShouHl you hnv.c m1y questions, please do no( hesitate !o I
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contact the tU1dersigned. [
\lery lru1y yours, !'
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F.D. Be: .26 Neglia Eng.h1~riug~i;70.cin..{ps

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:I.I 21' 119.J~ip
l)nvi<l Ju. lies!d, P.E., P.P.
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Project l\1(loagcr
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ll:l'it' ~ c.:c.:: Cro\\'lt Properties, L.L.C. -Applicant (via: regular moil) I
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1i!l. ?JI ,,l!j, 1:1r:

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\ 1 incent Fucchino, P .E., P .P. - AppliCunl s Engineer (tiia: e-mail)
Tho1nas J. 0 1Con11or, Esq.~ Applicant's AHomey (1ia: e-mail)
Joseph R.11:.>so~ Esq. - Board AUon1ey (via.- e-1nail)
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Gary Paparoz7.i, P.P., P.L.S. - Board Planner (via: e-1nail)
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Tho1nas R. Solfaro, P.E. l'TEA (via: e-mail)
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 NJilGLXA EN GINJillllRXNG.ASS 0 oI.1).TlllS
:oo'N8l1LWrNGRN.GiNR:1i.R8 ..t-. r~"Nn au1'~v1cY1)n.8: .
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1 H:1\ /.\l<Asp\1211,Surfc:.n Co~trh.1' Tlikt. 1,320 S~0.00 Sl05,600,00
2 lfo!l.!i:l ~pbalr, Dase Cows~. 4 Tlli:.t: 2,710 TGllS SS!lC-0 5216,800.ll~
3 DensoGr.Y.kdA9g1ono!o,6'Thi:} 15,270 .)0,00 5122.160.00
4 r.on~relnSfdmv.i!k,~1h[cf; )JO SY swoo ~3 .SO!l.C-0
fle/t1ra(ed Concrete, 6' l /1CJ; SJO .S70.00 537,lC'O.OO
Co11e1e!C Gurb I Con~rolil Onpr.:>s.snd C~rb J,260 LF 525.00 ss2,ooo.c<J
IU oe!1i.l;Jb!n Wrirn~o Surf<H:ii a uwr S:Y.il.00 S?,-10~.00
11 ran.in;iWhtcll!ops 20 umr ~JM.O~ SG,000.00
12 Gonciclc eouir<(. umr SIC<l.00 $100.C-O
13 l,310 SFF S(l).00 554,000.0[)
12,9!0 lF Sl.W S\2,910.0\I
IS LF ~S.00 51,200,00
so.oo
17" ,.," SF SR.OD
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SG.<100.00
tn LS ~150,00 S6.7SO,OCI
19 Tfilsh f:nclqsu/c uW(Pfr1t1v")' Fi!nro, CDn\fClll Slab, Ga~ ~m:J floll~ids 3 urnr ss,O.oo SIS,CC0.00 .1
28 Oetornili: R~~ino 1ii0 LF SJ?.OJ SS, 120.liJ
21 Guide Hilu LF SW.OJ
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15'110PEf'~'Xi 15-0 LF sso.oo S39,SC<l.OO .
16"HOf'EPip.l 77 sro.o:i S-1,620(}.J '
n:PVCf'iPQ lf S~0.00 SJJ,520.0~
6'PVCPipe '"
521 l.F
Ul/IT
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$300.C-O
SI0,235.0'.l
SJ,O'.XJ.00
S!Mro Cleanoul5 10
umr SIS.COO.OD S75.(}::00J
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7 U/llf .S.2,SO-J.C-0 $17,500.00 j.
UNIT S2,500.00 s10.ooo.oo
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Storm 1.fanhafo
6'Pl/CSan1JorYst:111:1lalmal
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Silr.il~ri'ConnCdfo11fo &hting M2"n ' .UNIT
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52,003,0CI '
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31\f lf s~o.oo s12.~00 im
M Fili!Wa!crServkc60Jp .110 lF $45.00 513,9$0,CYJ l!
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11 umr S350.{Y.I .S3,[15'),C0
UWT S250.0!) ssooro
lor.ds!.i(Xl Shr11bs '610 \U!IJ S5U,310.00
Groundcover I Otnvncnlal Grasses !
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P~ //.GtJnl~d tED lillfll FM1rro, 25'Po!.1 Heigh!
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$IJ6,5lO,OO I
~1.118,675".00
Site l:npro~rmtnl& 11d ln1IJl/J!ion Co5l ( 110:~ of Cl'lffl!!f To(~JJ,__ _ _!c,'~;'c~:".:-~-:c.:-l
rc1formM~e Ound (IW't. or 01r11Jl Tall I' 90'.l.),__ _ _,~,-O-'-.J '-:
ca~li (120'{, ol 01crl!lo\.il 10:.1~---"'-"-l~""'"I.""' I
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(qitil!!orptdfon Fee (120~~ ol 01~r.iff To1al' 5i\),__ _ _~$ '1_.1c7c0._>l
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fj~fnlcnancc Oon~ (120';. o! (}1e1~U 1ol~I 15%) _ _ _ _ _s_z_Q"l,J_o_l."S-O-l
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