RESOLUTION APPROVING SETTLEMENT AGREEMENT 385 ADAMSTON, LLC V. BRICK TOWNSHIP ZONING BOARD OF ADJUSTMENT, BRICK TOWNSHIP PLANNING BOARD, LYNETTE A. IANNARONE IN HER. OFFICIAL IRK AND BRICK TOWNSHIP DOCKET NOS.: OCN-L-002007-19; A-1140-20T2 MAY 19, 2021 WHEREAS, 385 Adamston, LLC (“385 Adamston”) is the owner of a property located at 385 Adamston Road, Brick Township, Ocean County, New Jersey, which property is designated on the Municipal Tax Map as Block 195, Lot 1.01 (hereinafter the “Property”); and WHEREAS, 385 Adamston submitted an app! ition to the Brick Township Zoning A Board of Adjustment (“Zoning Board”) in 2018 secking use variance relief pursuant to N.J 40:55D-70(d)(1) and preliminary site plan approval pursuant to N.J.S.A. 40:55D-46 and final site plan approval pursuant to N.LS.A. 40:55D-50 to permit a medical marijuana grow house and distribution facility within a 40,000 s.f. building; and WHEREAS, 385 Adamston withdrew its Zoning Board application and filed an application with the Brick Township Planning Board (“Planning Board”) in March 2019; and WHEREAS, the Planning Board referred the application to the Zoning Board for an ordinance interpretation pursuant to N. 0:55D-70b; and WHEREAS, the Zoning Board conducted a public hearing on May 30, 2019, at w the Zoning Board rendered an ordinance interpretation; and WHEREAS, 385 Adamston, LLC thereafter filed a Complaint in Superior Court captioned as 385 Adamston, LLC v. Brick Township Zoning Board of Adjustment, Brick Township Planning Board, Lynette A. lannarone In Her Official Capacity as Township Clerk and Brick Township, Docket No. OCN-L02007-19; andMay 19, 2021 WHEREAS, the Superior Court dismissed the First and Second Counts of the Complaint with prejudice on August 28, 2020 and all remaining Counts with prejudice on November 13, 2020; and WHEREAS, 385 Adamston, LLC thereafter filed an appeal captioned as 385 Adamston, LLC v. Brick Township Zoning Board of Adjustment, Brick Township Planning Board, Lynette A. lannarone In Her Official Capacity as Township Clerk and Brick Township, Docket No. A-001420-2012; and WHEREAS, the parties have conferred and have agreed to amicably resolve and settle the above-referenced actions in accordance with the terms and conditions set forth in the Agreement attached hereto as Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED, by the Brick Township Zoning Board of Adjustment on this 19th day of May, 2021, the Zoning Board hereby approves the Settlement Agreement and authorizes the Zoning Board Attomey to execute all documents necessary to effectuate said Settlement Agreement.May 19, 2021 This Resolution is hereby adopted and memorialized by the following vote: ROLL CALL VOTE | YES | NO| ABSTAIN | ABSENT | NOT ELIGIBLE MS. JAMNIK MR. SORRENTINO MS. WHITE MS. STRASSHEIM MR. CAFFERY [MS. DELLA VOLLE MR. CHADWICK David Chadwick, Chair Brick Township Zoning Board of ‘Adjustment Pamela O'Neill, Secretary Brick Township Zoning Board of Adjustment 2007547_1 BRICKZB.341L 385 Adamston, LLC Resolution Approving Setlement $19.21EXHIBIT ASETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is made and entered into this___ day of. , 2021, between 385 ADAMSTON, LLC, aNew Jersey liability company (Plaintf’), who owns property located at 385 Adamston Road, Block 195, Lot I Brick Township, New Jersey 08723 and the BRICK TOWNSHIP ZONING BOARD OF ADJUSTM! BRICK TOWNSHIP PLANNING BOARD, LYNNETTE A. IANNARONE IN HER OFFICIAL CAPACITY AS TOWNSHIP CLERK and BRICK TOWNSHIP witha place of business at 401 Chambers Bridge Road, Brick, New Jersey 087231 (“Defendants”) Collectively, 385 Adamston, LLC and Brick ‘Township Zoning Board of Adjustment, Brick Township Planning Board, Lynnette A. Iannarone in her official capacity as Towmship Clerk and Brick Township are referred to herein as "Parties." WHEREAS, Plaintiffs the owner of Block 195, Lots 11.01 on the tax map of the Township of Brick, having commonly known addresses of 385 Adamston Road, Brick, New Jersey 08723 (the Property”); and WHEREAS, Plaintiff filed and subsequently modified an Application for Development at the Property (the "Application”); and WHEREAS, on July 17, 2019, the Zoning Board of Adjustment adopted a Resolution denying Plaintiffs Application; and WHEREAS, Plaintiff appealed the denial and filed a Complaint in Lieu of Prerogative Writs in the New Jersey Superior Court, Law Division, captioned 385 Adamston, LLC v. Brick ‘Township Zoning Board of Adjustment; Brick Township Planning Board; Lynnette A. lannarone in her official capacity as Township Clerk; and Brick Township, Docket No. OCN-L-2007-19 (the "Lawsuit"); and WHEREAS, Plaintiff's fist and second counts were dismissed on August 28,2020 andthe remaining ‘counts were dismissed on November 13, 2020; and WHEREAS, Plaintiff fled an Appeal with the Appellate Division under Docket No, A-1140-20; and WHEREAS, the Parties have engaged in settlement negotiations for the purpose of resolving the disputed issues between them; and WHEREAS, the Parties, without conceding libiity, and after an opportunity to consider and to confer with counsel of their choice, have reached a voluntary agreement with respect to the disputed issues, ‘and with a full understanding of the terms ofthis Agreement, desire to memorialize their settlement herein; and. NOW, THEREFORE, in consideration of the mutual covenants contained herein and as set forth in further detail herein, the Parties agree as follows: 1. Release. In consideration for Defendants’ entry into and carrying out of the terms of this Agreement, Plaintiff releases, and forever discharges Defendants, including any and all of Defendants officers, trustees, employees, agents, attomeys, managers, directors and departments, and their predecessors, successors, heirs, executors, administrators and assigns, (individually andcollectively referred to as "Releasees"), from any and all actions, causes of action, suits, charges, complaints, claims, liabilities, agreements, controversies, damages, and expenses (including attorneys’ fees and costs), and all other claims that were or could have been raised in the Lawsuit, in law or in equity. Further, Plaintiff agrees not to make any application for any type of marijuana facility within Brick Township and not to knowingly sell the property to a buyer who makes such ‘an application, This restriction shall expire if the Township permits cannabis uses in the future 2. Settlement and Compensation, The Plaintiff has egreed it will not seek to operate 1a medical or recreational marijuana facility at this location, The Plaintiff understands that the ‘Township intends to opt out of permitting such a facility within their jurisdiction. In exchange and within 45 days from approval by the governing body of the Township of Brick, Defendants shall pay to Plaintiff's counsel, Davison, Eastman, Mufioz, Paone, P.A., the sum of Twenty-five Thousand and 00/100 Dollars ($25,000.00). 3. Dismissal of Pending Lawsuit. Within 10 days following receipt of the settlement funds, Plaintiff shall dismiss the pending appeal against Defendants with prejudice. 4. No Prevailing Party/No-Admission of Liability. The execution of this Agreement and the setlement made hereunder shall not be construed as an admission of liability by any party in the Lawsuit, such liability being expressly denied, Each party is responsible for its own respective attorneys! fees, expert fees and costs in connection with any actions, causes of action, claims, suits, charges, complaints, liabilities, agreements, controversies, damages, and all other claims, known or unknown, arising out ofthe facts and legal contentions ofthe Lawsuit Inthe event either party must take legal action to enforce the terms of this Agreement, each prty shall be responsible for their own attomey’) fees and costs. 5, Choice of Law. This Agreement is made and entered into in the State of New Jersey and shall in all aspects be interpreted and governed under the laws of the State of New Jersey. The exclusive venue for enforcing this Agreement shall be in the County of Ocean, The language of all parts of this Agreement shall be construed as @ whole, according to its fair meaning, and not strictly for or against any of the Parties. 6. Entire Agreement. This Agreement constitutes the entire understanding of the Parties, and supersedes all prior oral or written agreements and cannot be modified except by & writing signed by the Parties. 7. Agreement Jointly Prepared. This Agreement, including any uncertainty or ‘ambiguity herein, shall not be construed against one Party, but shall be construed as if all Parties jointly prepared this Agreement. 8 Counterparts. This Agreement may be executed by the Parties in any number of counterparts, including by way of facsimile or e-mail, and each of which shall be deemed to be an ‘original and all of which, collectively, shall be deemed to be one and the same instrument. Photocopies ‘or electronic scans of this Agreement (including signature pages) may be used in place of originals for any and all purposes. SIGNATURES TO FOLLOW ON THE NEXT PAGEPLEASE READ CAREFULLY. ‘THIS AGREEMENT AND GENERAL RELEASE CONTAINS ‘A. RELEASE OF KNOWN AND UNKNOWN CLAIMS. IN WITNESS WHEREOF, and intending to be legally bound hereby, the Parties hhave executed this Agreement as of the date first above written 385 ADAMSTON, LLC » (of Anne m. Davis BRICK TOWNSHIP ZONING BOARD OF ADJUSTMENT By: HIP PLANNING BOARD By TOWNSHIP OF BRICK By:___ LYNETTE A. IANNARONE IN HER OFFICIAL CAPACITY AS TWP. CLERK. By Tynette A. Tannarone