Page 22 of 37

MOTION TO APPROVE BY: UPDEGRAVE MOTION SECONDED BY: RIVERE YES: KAFTON, RIVERE, UPDEGRAVE, BRESSI & MARTIN

WHEREAS, K. Hovnanian has requested a Release of the Performance Guarantee, which consists of $433,975.16 in the form of a Performance Bond #8691978 issued by Fidelity and Deposit Company of Maryland and Cash Bond in the amount of $48,219.46, pertaining to Harmony Road, Phase II, a/k/a Block 143.01, Lot 1, Jackson Township; and

WHEREAS, Michael G. Miller of T&M Associates, Township Engineer, has reviewed and approved the release of said performance bond in letter report dated August 24, 2010, which letter report is made a part hereof; and

WHEREAS, the Township Council of the Township of Jackson has considered the application and the report of the Engineer;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Jackson, County of Ocean and State of New Jersey, that the Performance Guarantee, which consists of Performance Bond #8691978 issued by Fidelity and Deposit Company of Maryland in the amount of $433,975.16 and a Cash Bond in the amount of $48,219.46 heretofore posted with the Township may and hereby is released on the condition that the applicant:

1. Post a Maintenance Bond with the Township in the amount of $60,274.33 subject to the review and approval of the Township Attorney. Said Maintenance Bond shall run for a period of two (2) years; and
2. This resolution of release is further contingent upon the applicant/developer reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all other charges as per Township ordinance for the release of said performance guarantees.
3. Copies of this resolution to Administration, Finance, Applicant/Developer, Township Engineer, Jackson Board of Education Transportation Department, Attn: Dolores and the Department of Public Works, Attn: Connie Sidor.

The Mayor and Township Clerk are authorized to sign or issue any appropriate documentation to give effect to the within resolution.

DATED: 9/14/10

ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK

RESOLUTION NUMBER: 401R-10

TITLE: AUTHORIZING THE EXECUTION OF A SHARED SERVICES AGREEMENT WITH THE JACKSON TOWNSHIP MUNICIPAL UTILITIES AUTHORITY

MOTION TO APPROVE BY: RIVERE MOTION SECONDED BY: BRESSI YES: KAFTON, RIVERE, UPDEGRAVE, BRESSI & MARTIN ABSTAIN: KAFTON

WHEREAS, Jackson Township and the Jackson Township Municipal Utilities Authority (hereinafter “MUA”) each have governmental authority within the same geographic area; and

WHEREAS, there exists a need within said geographic area for water/sewer emergency repairs and service work; and

WHEREAS, the MUA and the Township have determined that it will be in their mutual interests to reach an agreement regarding the sharing of such services; and

WHEREAS, the Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq., authorizes Local Units, as defined in the Act, to enter into an agreement for the provision of governmental services; and