PUBLIC OFFERING STATEMENT FILED AND PRESENTED BY D.R. HORTON, INC. - NEW JERSEY, A Delaware Corporation having an office at 20 Gibson Place Freehold, New Jersey 07728 for Phase I (273 Homes) out of a possible 397 Single Family Dwellings and Lots Located on Mill Road (County Route 622) Egg Harbor Township, Atlantic County, New Jersey and designated as THE VILLAGE GRANDE AT ENGLISH MILL NOTICE TO PURCHASERS THIS PUBLIC OFFERING STATEMENT IS FOR INFORMATIONAL PURPOSES ONLY. PURCHASERS SHOULD ASCERTAIN FOR THEMSELVES THAT THE PROPERTY OFFERED MEETS THEIR PERSONAL REQUIREMENTS. THE NEW JERSEY DIVISION OF CODES AND STANDARDS HAS NEITHER APPROVED NOR DISAPPROVED THE MERITS OF THIS OFFERING. BE SURE TO READ CAREFULLY ALL DOCUMENTS BEFORE YOU SIGN THEM. THIS PUBLIC OFFERING STATEMENT HAS BEEN FILED AND IS PRESENTED PURSUANT TO THE PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT (N.J.S.A. 45:22A-21 ET SEQ.) AND THE RULES AND REGULATIONS PROMULGATED THEREUNDER (N.JA.C. 5:26-1.1 ET SEQ.) HOUSING WITHIN THE VILLAGE GRANDE AT ENGLISH MILL IS INTENDED FOR OCCUPANCY BY PERSONS 55 YEARS OF AGE OR OLDER. WITH LIMITED EXCEPTIONS, A HOME MAY NOT BE OCCUPIED UNLESS AT LEAST ONE PERSON 55 YEARS OF AGE OR OLDER RESIDES IN THE HOME NO CHILD UNDER THE AGE OF 19 YEARS MAY OCCUPY A HOME IN THE VILLAGE GRANDE AT ENGLISH MILL. THERE ARE NO EXCEPTIONS TO THE FOREGOING RULES, AND OTHER AGE RELATED RESTRICTIONS ARE CONTAINED HEREIN. EFFECTIVE DATE OF PUBLIC OFFERING STATEMENT: January 13, 2005 REGISTRATION NUMBER: R-3823 PREPARED BY: GREENBAUN, ROWE, SMITH & DAVIS, LLP Metro Corporate Campus I 99 Wood Avenue South Iselin, New Jersey 08830 (732) 549-5600 573611 .05 Greenbaum Rowe SmithDavis LLP COUNSELORS AT LAW METRO CORPORATE CAMPUS ONE P.O. nox 5600 WOODORIDGE, NJ 07095.0988 (732) 549-5600 FAX (732).549-1881 DELIVERY ADDRESS: 99 WOOD AVENUE SOUTh, ISELIN, NJ 08830-2712 CHRISTINE F. LI INFO@GREENBAUMLAW.COM WWW.GREENBAUMLAWCOM Rosallo On,ce: (732) 476.2680 - DIRECT DIAL 75 UVINGSTON AVENUE (732) 476-2681 . DIRECT FAX SUITE 301 CLI@GREENBAUMLAW.COM ROSELAND, NJ 07068-3701 (973) 535-1600 FAX (973) 535-1696 November 29, 2011 VIA FEDERAL EXPRESS Ms. Urmil Deora Planned Real Estate Development Bureau of Homeowner Protection Department of Community Affairs 2nd 101 South Broad Street, Floor Trenton, NJ 08608 D.R. Horton, Inc. RE: Developer: - New Jersey, The Village Grande at English Mill Development: Registration Date: January 13, 2005 Registration No.: 3823 Third Amendment to the Public Offering Statement for the Registration of Phase II FIRST REVISION PACKAGE Dear Ms. Deora: In accordance with the comments of the Division at the review conference on November 7, 2011, enclosed please find amendments and supplements to the above-referenced Third Amendment to the Public Offering Statement. For your convenience, a copy of the revised documents on which the changes have been highlighted, as well as a clean copy of the revised documents, are enclosed. The revisions made to the Application for Registration are summarized herein as follows: 1351379.01 Greenbaum Rowe Smith NS Davis LLP Ms lJrmil Deora November 29, 2011 Page 2 APPLICATION FOR REGISTRATION Table of Contents - Enclosed is a replacement Table of Contents which has been revised to state that there has been "No Change" to Exhibit 18. A. Exhibit 6 - Deed Vesting Title in Developer and Statement of Title Enclosed is a copy of the Deed by which the Developer took title to the lands forming Phase 11 of the Development. Also enclosed is the current tax and assessment, and judgment searches. B. Exhibit 12 - Access and Special Conditions:. Enclosed is a replacement flysheet affirming no changes to the statements made in the Application, as originally submitted. C. Exhibit 19 - Compliance with Laws: Enclosed are the flysheet for Exhibit 19 with no changes and the municipal subdivision approvals. They are the same approvals that were included in the Application for Registration as originally submitted. There have been no new or additional approvals. 1. Township of Egg Harbor Planning Board Amended Decision and Resolution of Preliminary Major Subdivision Approval dated November 18, 2002. 2. Township of Egg Harbor Final Subdivision Decision and Resolution dated April 116, 2001. IL PUBLIC OFFERING STATEMENT Enclosed is a revised, replacement copy of the text of the Public Offering Statement. The following responds to your questions and comments, A. The "Initiation Fee", identified at Line 69018 of the Budget, is authorized by Paragraph 2.07 of the By-Laws, which provides in pertinent part: 2.07. Association Initiation Fee. Each Owner, excluding Developer, shall pay to the Association upon acquisition of title to his Home a nonrefundable and nontransferable Association initiation fee of not more than $350.00, which will be available to the Association for (i) the off-set of cash flow or budget deficits, (ii) payment of operating expenses, (iii) operating contingency reserves, (iii) repair and replacement and/or deferred maintenance reserve, (iv) working capital 1351379.01 ✁ ✂ ✄ ☎ ✆ ✝ THIRD AMENDMENT TO THE PUBLIC OFFERING STATEMENT FILED AND PRESENTED BY D.R. MORTON, INC. - NEW JERSEY, A Delaware Corporation cl/b/a SOS COMMUNITIES having an office at 700 East Gate Drive, Suite 110 'Mt. Laurel, New Jersey 08054 for Phase II (consisting of 124 Homes) for a total of 397 Single Family Dwellings and Lots Located at Mill Road (County Route 622) Egg Harbor Township, Atlantic County, New Jersey and designated as THE VILLAGE GRANDE AT ENGLISH MILL NOTICE TO PURCHASERS THIS THIRD AMENDMENT TO THE PUBLIC OFFERING STATEMENT IS FOR INFORMATIONAL PURPOSES ONLY PURCHASERS SHOULD ASCERTAIN FOR THEMSELVES THAT THE PROPERTY OFFERED MEETS THEIR PERSONAL REQUIREMENTS. THE NEW JERSEY DIVISION OF CODES AND STANDARDS HAS NEITHER APPROVED NOR DISAPPROVED THE MERITS OF THIS OFFERING. BE SURE TO READ CAREFULLY ALL DOCUMENTS BEFORE YOU SIGN THEM This THIRD AMENDMENT TO THE PUBLIC OFFERING STATEMENT HAS BEEN FILED AND IS PRESENTED PURSUANT TO THE PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT (N.LSA. 45:22A-21 ET Q.) AND THE RULES AND REGULATIONS PROMULGATED THEREUNDER M.A.C. 5:26-1.1 MT Q.) EFFECTIVE DATE OF PUBLIC OFFERING STATEMENT: January 13, 2005 EFFECTIVE DATE OF FIRST AMENDMENT: March 25, 2008 EFFECTIVE DATE OF SECOND AMENDMENT: April 6, 2009 EFFECTIVE DATE OF THIRD AMENDMENT: 2011 REGISTRATION NUMBER: R - 3823 PREPARED BY: GREENBAUM, ROWE, SMITH & DAVIS, LLP Metro Corporate Campus I 99 Wood Avenue South Iselin, New Jersey 08830 (732) 549-5600 1240630 .03 THIRD AMENDMENT TO THE PUBLIC OFFERING STATEMENT FOR THE VILLAGE GRANDE AT ENGLISH MILL 2. Projected Operating Budget Based on Full Build-Out Consisting 397 Homes Consisting of Phase 1(273 Homes) and Phase 11 (124 Homes), Estimated Common Expense Assessments and Letters of Budget and Insurance Adequacy 5 Management Agreement First Amendment and Supplement to the Declaration of Covenants and Restrictions for 10 The Village Grande at English Mill 3. 1240630 .03 THIRD AMENDMENT TO THE PUBLIC OFFERING STATEMENT FOR THE VILLAGE GRANDE AT ENGLISH MILL D.R. HORTON, INC. - NEW JERSEY, a Delaware Corporation (the "Developer"), d/b/a SOS COMMUNITIES, having an address at 700 East Gate Drive, Suite 110, Mt. Laurel, New Jersey 08054, hereby amends the Public Offering Statement for The Village Grande at English Mill dated January 13, 2005, as previously amended (the "Plan"), as set forth herein. Previously, the Developer has offered for sale pursuant to the Plan the two hundred and seventy-three (273) single family dwellings and lots (the "Homes") located within Phase I of the Community. Under the terms of the Plan and the related governing documents, the Developer reserved the right to incorporate additional Homes into the Community and to offer the additional Homes for sale. By means of this amendment, the Developer is hereby exercising its right to offer one hundred twenty-four (124) additional Homes to be located in Phase II of the Community. A. Section 1 of the text of the Plan captioned "INTRODUCTION" is amended at the Sixth Paragraph by the additidn of the following after the third sentence therein: "The First Amendment and Supplement to the Declaration for The Village Grande at English Mill (the "First Amendment to the Declaration") to expand the Community to include the additional Homes and other site improvements being developed in Phase II appears as Exhibit 10 of this Third Amendment to the Plan. Phase II of the Community is described by a legal (metes and bounds) description which appears as Exhibit A-2 of the First Amendment to the Declaration and is graphically depicted on Exhibit B-2 of the First Amendment to the Declaration." B. Section 6 of the text of the Plan captioned "BUDGET" is amended by the insertion of the following after the third sentence of the First Paragraph therein: "The budget based upon full occupancy and full build out of the Community (consisting of 397 Homes) appears as part of Exhibit 2 and sets forth the estimated annual Common Expense Assessments upon the incorporation of Phase II in to the Community." 1240630.03 ✁ ✂ ✄ ☎ ✆ ✝ ✁ ✂ ✄ ☎ ✆ ✝ Specimen Owner's and Loan Policy of Title Insurance that appear as Exhibit 7 to this Third Amendment to the Plan. Section 15 of the text of the Plan captioned "REAL ESTATE TAXES AND D. SPECIAL ASSESSMENTS" is amended as follows 1. By the deletion of the first paragraph and the insertion of the following: The Township of Egg Harbor tax rates and ratios for 2003 and the two (2) previous years are as follows TAX RATE PER $100 TAX RATIO OF ASSESSED VALUE 54.17 2011 4.101 2010 51.06 3.980 4810 2009 3.810 2. By the deletion in the second paragraph of the "Estimated initial Sales Prices" and "Estimated Annual Taxes" and the insertion of the following: ESTIMATED INITIAL ESTIMATED ANNUAL BASE SALES PRICE REAL ESTATE TAXES $199,990 $4,443 $224,990 $4,998 $234,990 $5,220 $239,990 $5,331 $254,990 $5,665 All references in this section to the utilization of the 2011 tax ratio and rate to determine the estimated annual real estate taxes shall mean the 2011 tax ratio and rate. Exhibit 2 to the Plan captioned "Projected Operating Budget Based on Full Build- E. Out of 397 Homes Consisting of Phase 1 (273 Homes) and Phase 11(124), Estimated Common Expense Assessments and Letters of Budget and Insurance Adequacy" is amended and supplemented by the Projected Operating Budget for Full Occupancy (397 Homes), Estimated Common Expense Assessments and Letters of Budget and Insurance Adequacy. 3 1240630 .03 Exhibit 5 to the Plan captioned "Management Agreement" is replaced with F.to this Third Amendment to the Plan. Exhibit 5 G. Exhibit 7 t the Plan captiOiied "Specimen Owner's Policy of Title Insurance" is replaced with Exhibit 7 captioned "Specimen Owner's and Loan Policy of Title Insurance" to this third Amendment to the Plan. H. Exhibit 8 to the Plan captioned "Amendment and Supplement to the Declaration of Covenants and Restrictions for The Village Grande at English Mill" is supplemented by Exhibit 10 to this Third Amendment to the Plan captioned "First Amendment and Supplement to the Declaration of Covenants and Restrictions for The Village Grande at English Mill." The Developer hereby represents that, to the best of its knowledge, information and belief, the statements and representations contained herein are true and accurate. D.R. HORTON, INC. - NEW JERSEY dlb/a SGS COMMUNITIES, DEVELOPER 4 1240630 .03 EXHIBIT PROJECTED OPERATING BUDGET BASED ON FULL BUILD-OUT OF 397 HOMES CONSISTING OF PHASE 1(273 HOMES) AND PHASE 11(124 HOMES), ESTIMATED COMMON EXPENSE ASSESSMENTS AND LETTERS OF BUDGET AND INSURANCE ADEQUACY 1240630.03 run DUIIU UUi DUUge 901 S. I IIOOPEK KU FU BUX SUbU Based on 397 Homes VALLEY FORGE PA 19484 7zip Rig) $229/UnftlMonth OPERATING INCOME 60200 ASSOCIATION FEES 1,088,788 64000 LATE FEE INCOME 1,050 64075 CCS COLLECTIONS 0 64100 LEGAL INCOME 0 .64280 US POSTAL CHARGES 0 64300 NSF CHARGES 0 65050 KEY INCOME 0 65600 POOL INCOME 315 68550 SNOW ASSESSMENT 0 69018 INITIATION FEE 3,500 69050 DEVELOPER CONTRIBUTION 0 GROSS OPERATING INCOME 1.093,653 BAD DEBT 70500 BAD DEBTS 32,664 TOTAL BAD DEBT 32,664 OPERATING EXPENSES GENERAL MAINTENANCE & REP/ 72050 MAINT SUPPLIES 0 72300 SUB-CONTRACTOR MAINT 0 72355 COMMON AREA MAINTENANCE 763 TOTAL GENERAL MAINTENAN 763 GROUNDS MAINTENANCE 74100 LANDSCAPING MAINTENANCE 331,009 74108 LANDSCAPE MNT-UNITS . . 0. 74109 LANDSCAPE MNT-COMMON 30000 74200 LANDSCAPING IMPROVEMENT 39,300 74226 TREE MAINTENANCE 16.796 74264 IRRIGATION WATER 181,000 74267 IRRIGATION ELECTRIC 3,054 74272 IRRIGATION MAINTENANCE 53,000 74300 SNOW & ICE REMOVAL 58,023 TOTAL GROUNDS MAINTENAN 712.182 RECREATION 75020 CLUBHOUSE INTERNET 0 75030 CLUBHOUSE CABLE TV 3,150 75033 CLUBHOUSE CABLE/DSL/TEL 0 75050 CLUBHOUSE CLEANING 15,750 75055 CH CLEANING SUPPLIES 1,765 75058 C/H WINDOW CLEANING 1,050 75070 CLUBHOUSE ELECTRIC 23.100 75090 CLUBHOUSE GAS 7.875 75105 CLUBHOUSE HVAC MAINTENA 1.575 75111 C/H MAINTENANCE 1,155 75130 CLUBHOUSE MAINTENANCE/S 0 75135 CLUBHOUSE SUPPLIES 1,575 75185 CLUBHOUSE SECURITY SYST 525 75195 CLUBHOUSE FIRE PROTECTI 420 75210 CLUBHOUSE TELEPHONE 1,050 75229 CLUBHOUSE EXTERMINATING 1,260 75230 CLUBHOUSE WATER 4,200 75232 CLUBHOUSE TRASH 945 75235 CLUBHOUSE SEWER 2,310 75237 CLUBHOUSE EQUIPMENT 630 75241 RECREATIONAL MPJNTENANC 1,785 75244 RECREATION ACTIVITY 0 75355 POOL CONTRACT-OUTDOOR 0 rull oulia iLIt Budget - Printed: 11/15/2011 Based on 397 Homes VALLEY FORGE PA 19484 75360 POOL OPERATIONS 57,750 75365 POOL CONTRACT-INDOOR 0 75400 POOL REPAIRS & MAINTENA 5,250 TOTAL RECREATION 133,140 PAYROLL & BENEFITS 75635 ONSITE STAFF P/R 50000 TOTAL PAYROLL & BENEFIT 50 000 TAXES & INSURANCE 77100 FEDERAL TAXES 1,527 77flfl DDf'DDTVII lAO lMllOAMf .s 77508 INSURANCE-UMBRELLA 2,296 77700 WORKMEN'S COMPENSATION 880 77795 INSURANCE-OTHER 907 77800 D & 0 INSURANCE 3,776 TOTAL TAXES & INSURANCE 22,601 ADMINISTRATIVE & OTHER EXPE 78100 OFFICE SUPPLIES 1,832 78115 OFFICE EQUIPMENT 916 78150 POSTAGE & SHIPPING 0 78160 PRINTING & POSTAGE 2,748 78400 BANK FEES 456 78450 COUPON ROOKS 1.527 79300 SOCIAL COMMITTEE 0 79435 CAI MEMBERSHIP 229 79700 MISCELLANEOUS EXPENSE 1,374 TOTAL ADMINISTRATIVE & 9,085 PROFESSIONAL SERVICES 81100 MANAGEMENT FEES 38.173 81200 LEGAL GENERAL 4.581 81300 LEGAL COLLECTIONS 4,581 81400 ACCOUNTING/AUDIT 2,231 TOTAL PROFESSIONAL SERV - 49,566 TOTAL OPERATING EXPENSE 1,010,001 NET OPERATING INCOME 83.652 RESERVE EXPENSE 88001 RESERVES ASPHALT 3,636 88001 RESERVES ASPHALT SEALCO 2.161 88001 RESERVES CLUBHOUSE RESE 6,015 88001 RESERVES DRIVEWAYS 24,566 88001 RESERVES POOL DECK AREA 2,640 88001 RESERVES POOL FENCING 440 88001 RESERVES POOL FILTERS 880 88001 RESERVES POOL FURNITURE 1,760 88001 RESERVES POOL RESERVE 5,279 88001 RESERVES SERVICE WALKS 12,160 88001 RESERVES SIDEWALK RESER 16,874 88001 RESERVES TENNIS CT FENC 704 88001 RESERVES TENNIS COURT 4,399 88001 RESERVES WALKING PATH 1,144 88001 RESERVES RETENTION 1,993 TOTAL RESERVE EXPENSE 83,652 NET INCOME / (LOSS) (0) JGS November 15,2011 Village Grande at English Mill HOA Insurance Wentworth Group do I Village Grande Road 960 Holmdel Road Egg Harbor, NJ 08234 1-lolrndd, NJ 07733 RE: Letter of Adequacy TEL (732) 834-9800 Village Grande at English Mill I-bA FAX (732) 834-0233 397 units and Clubhouse Gentlemen: In accordance with your request, we have reviewed and examined the Insurance Requirement for Village Grande at English Mill Homeowners Association located in Egg Harbor Township, NJ. Based on our analysis, we are pleased to recommend the following insurance coverage: 1. PROPERTY - Coverage would be written on a blanket basis, covering the clubhouse, fencing, light fixtures, pool, recreational facilities, and personal property owned by the Association. Coverage provided under the policy would on special causes of loss perils basis including Replacement Cost, and Agreed Amount. All property would be subject to a minimum policy deductible of $2,500 each occurrence. 2. COMMERCIAL GENERAL LIABILITY - Liability insurance would be designed to provide comprehensive protection for all common areas, including any swimming pools, and all recreational facilities. The limit under this section would be $1,000,000 each occurrence. The basic policy would be extended to include the broadening CGL endorsement which includes Personal Injury Liability, Broad Form Property Damage, Host Liquor Liability, Blanket Contractual Liability, Medical Payments, Advertising Liability, Employees as Additional Insured, Incidental Medical Malpractice, Fire Legal Liability, Extended Bodily Injury, Non-Owned and Hired Automobile Liability, in addition to other coverages. DIRECTORS AND OFFICERS LIABILITY 3. -.Coverage would be provided for all present and past members who serve on the Board of Trustees for the Association. The policy would have a limit of $2,000,000 subject to a $2,500 deductible. UMBRELLA LIABILITY - This policy would provide excess limits of liability 4. above the primary Comprehensive General Liability, Non-Owned and Hired Automobile Liability, and Directors and Officers Liability policies. A minimum of $15,000,000 for each occurrence is recommended however, higher limits are suggested for consideration by the Association. 5. COMPREHENSIVE AUTOMOBILE -If the Association owns any vehicles, this policy would be provided for a combined single limit of $1,000,000 and would also include the necessary comprehensive and collision coverage. Non-Owned and Hired Automobile Liability would also be included. COMPREHENSIVE CRIME INSURANCE 6. - This policy would provide coverage for the Association as a result of fraudulent and dishonest acts of its employees, loss of money and securities on and off premises, depositors forgery and counterfeit money and paper currency. The limit for Employee Dishonesty coverage would be $1,250,000 WORKER'S COMPENSATION 7. -Coverage would be provided for injuries to employees during the course of employment. Benefits would be based upon the statutory requirements prescribed by the State of New Jersey. The policy would be issued on a minimum premium basis subject to an audit at expiration. 8. UNIT OWNERS INSURANCE - A Homeowners Policy commonly referred to as an HO-3 or HO-5 policy, should by purchased by the Unit Owner to cover property damage to the building as well as their personal belongs, including furniture and fixtures, along with any upgrades purchased as options by the Unit Owners. Implementation of the foregoing Coverage will, in our opinion, be adequate to meet the basic needs of the Association in insuring the exposure usual to Condominium/ Townhome Association and satisfies the requirements of any mortgage lenders or management contracts. Premium summary for the coverage is shown on the attached summary sheet. Very truly yours JACOBSON, GOLDFARB & SCOTT, INC //4e4 VincentJ. Hager, CIRMS President VILLAGE GRANDE AT ENGLiSH MILL 397 UNITS INCLUDING CLUBHOUSE INSURANCE PREMIUM ESTIMATE VALUES AS OF NOVEMBER 2011 COVERAGE AMOUNT PREMIUM Property Insurance 1. $1,500,000 $13,215 Clubhouse and contents - 100% Insurable Value 397 Single family units Ordinance or Law Coverage $1,000,000 Included Loss of Maintenance Fees Actual Loss Sustained Included Commercial General Liability 2 $1,000,000 Included Directors and Officers 3. $2,000,000 $3,776 Umbrella Liability 4 $15 000000 $2,296 1 1 Hired and Non-Owned Auto 5 $1,000,000 Included 6. Comprehensive Crime $1,250,000 $907 7. Workers Compensation Statutory $880 8. Boiler and Machinery $1,500,000 Included Total Estimated Annual Premiums: $21,074 The premium estimates above are based on rates In effect in November 2011 Actual premiums may vary, based on the date coverage actually attaches. 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Attorney ........................................................ .................................................................... 1 CHANGE Statement Re: Other Jurisdictions ................................ ................................................................... 2 NO CHANGE Biographical Data Re Principals and Officers of Developer 3 NO CHANGE Certificate of Incorporation of Developer ....................................................... ................................. 4 NO CHANGE LegalDescription and Map of Property ........................................................... ................................ 5 CHANGE DeedVesting Title in Developer and Statement of Title .... .................... ........................................ CHANGE .6 Statement Re: Litigation, Orders, Judgments or Decrees Affecting Offering 7 NO CHANGE Affidavitof Vacancy.......................................................................................................................8 CHANGE Statërient Re: Service of Proposed Public Offering Statement ...................................................... 9 NO CHANGE Evidence of Registration of Developer Under the New Home Warranty and Builders' Registration Act ............................. .............................. 10 CHANGE Statement Re: Anti-Discrimination ................................................................................................ 11 NO CHANGE Statement Re: Access and Special Conditions .............................................................................. 12 NO CHANGE Sample Contract for Sale of Real Estate and Deed ................... ................................. . .................. 13 NO CHANGE Statement Re: Blanket Liens and Encumbrances Affecting theProperty ................................................................................................................................. 14 CHANGE Proposed Public Offering Statement ............................................................................................. 15 NO CHANGE Financial Statement of Developer................................................................................................. 16 NO CHANGE Statement Re: Bankruptcy Adjudication....................................................................................... 17 NO CHANGE Easements and Restrictions ........................................................................................................... 18 NO CHANGE - Statement Re: Status of Compliance with Laws, Ordinances and Regulations of Governmental Agencies ............................................................ 19 NO CHANGE AffidavitRelating to Land Sales...................................................................................................20 CHANGE Affidavit Re: Accuracy of Contents of Application for Registration........................................................................................................21 CHANGE SpecimenFidelity Coverage .........................................................................................................22 CHANGE Listing of Units and Current Monthly Rents.................................................................................23 NO CHANGE 1345373.02 • Rocc5a&jOeeQ • __ _Ax.31L c1cLA.Ltc -J...7 Vimf 20 Whon 20n.J. &4 t4a4bd 02032 t*fljd M gm CLUR I pPw.aèL NwOl720 • Ha d a .31 fl. • Gq00I4. t03TtI Ir20Y. 1aM.I0L th.tor. 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TaSanla, d.oa.o.d, by flisO C Hoy.a, Seq., AStds6.kan by Card *0. c.T.y. amtoi QSnb.o5,21104, .annbd October 49, 2124ank1.00w.g12004103113 (71*023 a.oaran oaou ztoo, *= .Egg Hai*01olandp Board ci E.laanrtari, S. try Dead (lked 0a.arr6oj t,M IStoran.d twoo15120 an tar. kiln.. Joan SoPE4. 10*033rd *0 Eat.). ci POSt 134.o.3oe. Mo. Pica. IBoan.. by Dear) U.5 12,2033.. I,nb,on.n053121001 (71*04) Dlct,ao.op, • IMod Ap421., ..andld b Gno.. Th 6wrp,.r ma Ga.r a. dca. no . Po N. . ge I. .11bdn a,no.nod no flâ. pnoth. Na... ma N. n . ..1t&J. 4644 pmp.1 (.nol. nob1 m.kk, . malg.g. .nyr a ool*ob kg.i wf.d &lbN. of .ii. • .ny N. nono.4 Oan.t N. N. D en .e tv dwe .1G. bDp d N. G.2 pg.. l9.a.a.. lb. Gamy ann. AM-W t% - Cn.cL,LC..eNnoJ...e1 LJUbtyConpeoy STAlE OF NEW ERSEV.GOU1fIIY OF OF I cEHrrYl.s w APM * 2O6 Robat S--ft pwowwlya.n• beG.. me .dme.Mdgl a., QW4 lb ny Ca.c Lnod. LLO nod In eam aep.GIp be pwnonetIy a.d lall the kny ma waofno, d.ha1 NI. Onod en No mnnç.no1 nod dno4 ad lmpmd. ml. bnodG. N. N. alyi no.1.1 nod $3lonono.oOen awalda.N. pIn 00 lb be pInG. N. G.nf.rO' WI. (m*I • N. NJ nod adnol ndfkoolInn I. d.1n.1 No N.J.5.0. YINiao . Ron .nono. my CRARDZTrfl*AG4UC UI .kN.R.onr v.7-WI - - Booki 2341 CFN#2006050730 Page 2 of? GIIREP.3 State of New Jersey tII SELLERS RESIDENCY CERT1FICATIONIEXEMPTION (C.66. P L 2004) imusym-mliffTil M., Name(s) Cane* Land. U.0 Cwient Reader MireU; 30 We nQtOnAvomJ. Ste 84 State p Cqde Clv, loan. Pont Cffwe oeo Bnkteso pi 111:41w PhOne 858 ) I )857.lX)65 • ( • MOCI45) Logs) Dueltiler Street State Town. Pent 018w ESU HoberlownaNp NJ Sellars Perew4aoe of uwmmv CA03ing Date • 13% 8100.000.00 4/IW2OOb (Chacktft~ Box) • ASSURANCES ApiiroPiaw SELLER reelltent taupeynt of Stale at New Jersey pursuavtio IUSA 54k1-i at eeq. end w(U me a • i. I ore a ta 610 tales m any 51111 or Income from the dsposhlon of Oil* p.ope,. intern and pay wyPP&a £,wx.me x retd or transterrod In excirsInety am my ip*49al residanu prspeij being teed svvtt'ln Ure tneantfl9 04 SeCten 121 2. 0 The real Code otiOB6. 26U,S Liii. 04 the uthitematRevenue I am a nsetyaer oonveybi the mort5aad piriperty In. a .nert5agee in InmdO5UlO or In a hJnn?e, in lieu foactevom with 9 Of a&MloruJ owsleltralium Bow. n agency or authority of the Lhtited States orjrjnèrtca. all agency or authority owmianx or trorelem In the Slate 4. 9 o JereeY the Fodo(eI National M0115a56 Meodatse, liw Federal llama titan 01 f New Mortgage Corporation, the Goewiaflent National Ihaigage MSodebrnl or a prOrate mortyaØe buurairce tiperr,. butt end at auth not ioquieed In 5 9 $lJ&is eat beJldual estate or mats an &knotad payment purstewe to tU sst&i a at S.Q. a 9 m total oucidoreitor; lof Ito propody is 31.000 or lest and an rnd the aeber. In 101 requ.ad to make anacimeted payrnord purauaztth NASA 64Ar5-1-1 at &Q% DECLARATION -- LLER(S) SF W T1.a or01eth.ed eaield&IoXthI ddnvaftn aid la mcd.r40 May be fritOSeed or loestand re 8w Now .leraey DW on len and bat any She t8wm.nl anatbed hevale mobS be pabIne4 by foe. boptaeern.nl or br4t Itwthcoamadodrie 8w I have reramtned Its dectealto..etj, 10 Ste land at m Inanhoge and befid it In meed end cavetilot. j Oele fiiiinlot a P niiavo.,..ae.,..1 p. yen Dote sl Phaw '.iPotlo no ranoao,bo Fan 600k12341 CFN#2006050730 Page 3 of 7 mr..EEl..s1 5TA7EOfIRET AFFIDAVIT OF COHSIDRRA11Ob FOR 055 AT BUYER . P1.1565. - ..,d65 ftuo IQ"' 9 ChapW 15. P.1.. 2605) 4d4.6 f.5 005641,P.L 116& 1 b I '2O5. P.L '39' ' i 56 05:15.556 •05.) 9EPOICO9IPtEflMGTHl IDMfl1, PIIAGE REDThA 9I5TRUC110193 0113156 9E3E AIDE Of THIS fOPi& 8T91L OF NEW JERSCY FOR RECORDER•s 055 ONLY • 3 I A1F Paid byb • Jss. R9TYCP_________ R.r..M9114 bMn9 dRy •WOflI 000dMg 99. D.po..nL 56 I39os 1d95$. oh. b.I J. 3. lb. OIO ITh 05605656 d..ddoW I31SISAIR d.po.ss aW 60ft 3. • )OI.056999I.9IR5605 C.56...h O56.. 659., .110. O.,l0&56 b.Il05J M.nIIIC56.*p) -- 3.1 )23 CONSMERnoN 4s" S dnRIlon.9I ..,y.., 4.oLko 3.1., ... Enr56 of SIANAM PROFERTF 655555610A150N CHECKED MOW SHOULD at TAKEN Fl - • TIE OFFICIAI.TAX liST w,oti RECORD) or UM MU65CWFLJ1W WHERE 3115 PROPERTY IS tocArAp 19 A POetiC IN THE AR1II.T1000NTPERO IIaSIA. (P460,56 Q.nb. p.556 - R.ld.MI 0 O4C. R3..,656 Coopo56HE 1)56 o sd ay t..l o CAM 3A- F. pnç05y SI amnWIIS 139591 (CI... 3A pcpoty. (B) VVInAm d..snoth.s. I. p.y. Ell &SnIA. oIlbd... Pp.fld.39..sp3b.Ilod...5 I 4A 40 4C 15 - E60sptOlqodW.Pw....,I3. F.I h56IR05.56. Cod. 1965 EJ • P...., 9..d..39.C..R.I. 9R9Il.99.190d65lp.P656l-5o50.p.56..0IAPodoP.... ERo..9.nk .3.1.. 1556 64. d..d 564k oW F... 56w tW.Ay lton91.. Fft rpo.56 by C 05. PA- 196. • o.....,t 66. FL 2005 56! 1.d.RA • 0.O60RF60 39939144111919 15c3.Wd.uI: 563. AIId.M 19556196 909111y Rot. 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US • m. 31. 7111)2113 • 313_ V. 211113111 OWE M% Im • 15. 52111110 Ulu, lu Book12341 CF#2OO6050730 Page 7 of 7 STATEMENT RE: ACCESS AND SPECIAL CONDITIONS Egg Harbor is accessible from Exit 36 of the Garden State, Interchange 12 of the Atlantic City Expressway, U.S. Route 322, commonly known as Black Horse Pike, and State Route 40, all approximately two (2) miles of the Community. The major access streets to the Community is from Mill Road and Ocean Heights Avenue. Charles Jones, L.L.C. has certified that portions of the Community are located within a Special Flood Hazard Area as identified by the Federal Insurance Administration Included as part of this Exhibit 12 are the certifications issued by Charles Jones, L.L.C. Charles Jones, L.L.C. has further certified that no improvements are proposed for development in any part of the Community located in a Special Flood Hazard Area. Elevated radon levels have recently been discovered in existing homes and other structures which have been tested in New Jersey. The New Jersey Department of Environmental Protection has classified no municipalities within Atlantic County as a Tier I area for purposes of testing for the presence of radon gas in existing structures. Radon is a naturally occurring invisible, odorless gas formed underground by decaying radium. The gas, which usually rises to the surface and dissipates harmlessly, can reach elevated levels if trapped in well insulated or poorly ventilated areas. At the present time, the Developer is unaware of any reliable test to determine radon levels in soil and it is impossible to know whether elevated levels will be found in Homes constructed by the Developer within the Community. The Developer cannot represent, warrant or guarantee that the construction techniques utilized by the Developer will eliminate or reduce the entry of radon gas into a Home. Prospective purchasers should note that once a Home is constructed, the levels of radon gas that might be detected by a test are dependent upon many factors which are unique to the Home, the time of the year that testing takes place and the lifestyle of the occupants of a EXHIBIT 12 573449.01 Home. It is not possible to obtain readings of radon levels while a Home is under construction which would be reliable indicators lof levels of completed, occupied Homes; therefore, purchasers shall not be permitted to take measurements prior to the acquisition of title The Developer cannot give scientific advice concerning the existence or effects of radon. If, after the conveyance of title to a Home, an Owner conducts a test for the presence of radon gas which reliably reveals a recognized unacceptable level of same, any remedial efforts required to alleviate the problem shall be the Owner's responsibility at his sole cost and expense. To the best of Developer's knowledge, information and belief, the Community is not subject to any other regular or periodic natural or artificial forces that may have a detrimental impact on the use or enjoyment of the Community. 573449.01 STATEMENT RE: STATUS OF COMPLIANCE WITH LAWS, ORDINANCES AND REGULATIONS OF GOVERNMENTAL AGENCIES To the best of the Developer's knowledge, information and belief, all laws, ordinances, regulations or requirements of governmental agencies having jurisdiction over the property that is the subject of this Application for Registration have been complied with, including the regulations promulgated by the Department of Environmental Protection. Incorporated as part of this Exhibit 19 are copies of all governmental approvals received as of the date of this Application for Registration, which include the following: I. Township of Egg Harbor Planning Board Amended Decision and Resolution of Preliminary Major Subdivision Approval dated November 18, 2002. 2. Township of Egg Harbor Final Subdivision Decision and Resolution dated April 16, 2001. 3. Egg Harbor Township Municipal Utilities Authority Preliminary Sewerage Application Resolution #71-2001 dated July 19, 2001. 3. Developer's Agreement - The Arbors at Wood Hollow SDP 08-00 dated August 25, 2003; to which is attached as Exhibit A 4. New Jersey Department of Environmental Protection permit dated June 19, 2003 to the New Jersey American Water Company for approval of modification of water distribution system. 5. New Jersey Pinelands Commission correspondence dated August 13, 2002. 6. Atlantic County Development Review Committee Major Final Approval dated August 17, 2004. EXIIIBIT 19 1251020.01 New Jersey Department of Environmental Protection Sewer Permit dated 7. October 23, 2003. 8. Developer's Agreement dated July 2, 2004. 9. Ordinances No. 34 and 39 of the Township of Egg Harbor vacating streets. EXHIBIT 19 1251020.01 Enid L. Hyberg, Esq. YOUNGBLOOD, C0RCORPN L1'YFERTY, 1 HYB ERG & WAL]JMAN, P.A . 3205 Fire Road P.O. Box 850 Egg Harbor Township, NJ 08232 (609) 645-2201 Attorneys for Egg Harbor Township Planning Board APPLICATION OF DiMARCAN, LLC FOR TOWNSHIP OF EGG HARBOR PRELIMINARY MAJOR SUBDIVISION APPROVAL PLANNING BOARD FOR BLOCK 3301, LOTS 9 AND 18 AND BLOCK 3302, LOTS 96-101 FOR A PROJECT KNOWN AS ENGLISH MILL SECTION I APPLICATION NO. SDP 25-01 APPLICATION OF DIMARCAN, LLC FOR PRELIMINARY MAJOR SUBDIVISION APPROVAL FOR BLOCK 3301, LOTS 9-11 AND 18; BLOCK 3302, PART OF LOT 10, LOT 92-94 AND 96- 101 AND BLOCK 4001, LOTS 2, 3 AND 6 FOR A PROJECT KNOWN AS ENGLISH MILL SECTION II APPLICATION NO. SD? 16-02 M4ENDED DECISION AND RESOLUTION THIS MATTER having been heard by the Planning Board of the Township of Egg Harbor on September 9, 2002 and continued on October 21, 2002, at a regularly scheduled meeting at the Township Hall of Egg Harbor Township and the Board having reviewed the Applications and 11rj92 plans as submitted and a quorum being present; and WHEREAS, the Egg Harbor Township Planning Board has heard the - 0testimony of James A. Mott, Planning Board Engineer, and received his '\reports dated August 30, 2002, attached hereto and made a part hereof; and WHEREAS, the Egg Harbor Township Planning Board has heard the T1 -9 testimony of Christopher Rehrnann, Planning Board Planner and received his reports dated September 3, 2002 for English Mill Section 1 and II, attached heretQ and made a part hereof; and WHEREAS, Although, the Applicant has submitted two Applications, one for English Mill Section I and one for English Mill Section II, the project will be constructed as one development consisting of 397 residential detached single family dwellings for an age restricted planned adult community. Two separate Applications were filed due to the finalization of the contractual arrangements with the owners of the various tracts of land; and EA, the Egg Harbor Township Planning Board has reviewed the Applications submitted by the Applicant together with the following materials: ENGLISH MILL SECTION I: Preliminary and Major Subdivision Plans prepared by Consulting Engineer Services dated :July 27, 2001, last revised August 22, 2002; Survey and Topographic Plan prepared by Millennium Surveying & Mapping dated February 22, 2001, last revised June 24, 2002; Environmental Impact Statement prepared by Consulting Engineer Services dated August 2, 2001, last revised August 23, 2002; Community/Fiscal Impact Report prepared by Consulting Engineer Services dated August 2, 2001, last revised August 23, 2002; Traffic Impact and Air Quality Report prepared by Shropshire Associates, LLC dated August 2, 2001, last revised May 16, 2002; Sewer and Water Report prepared by Consulting Engineer Services dated August 7, 2001; Egg Harbor Township MUA Approval Letter dated July 19, 2001; Modification Report prepared by Consulting Engineer Services dated October 8, 2001; Letter of -2- 268/2a5.deC 10/21/02 No. 1563 issued by The Pjnelands Commission dated Interpretation October 4, 200.1; Certification of Paid Taxes issued by the Egg Harbor Township Tax Assessor dated October 9, 2001, Open and Recreation space Narrative prepared by Consulting Engineer Services and Certificate of Filing prepared by The Pinelands Commission dated February 22, 2002; ENGLISH MILL SECTION II Preliminary Major Subdivision Plan prepared by Consulting Engineer Services dated June 7, 2002, last revised August 22, 2002; Environmental Impact Statement prepared by Consulting Engineer Services dated June 24, 2002, last revised August 23, 2002; Community Impact Report prepared by Consulting Engineer Services dated June 24, 2002, last revised August 23, 2002; Stormwater Management Report prepared by Consulting Engineer Services dated June 24, 2002, last revised August 23, 2002; Site Photograph submitted by Consulting Engineer Services, undated; Traffic Impact and Air Quality Report prepared by Shropshire Associates, LLC dated August 2, 2001; Sewer and Water Report prepared by Consulting Engineer Services dated August 7, 2001; Egg Harbor Township MUA Approval Letter dated July 19, 2001; Modification Report issued by Consulting Engineer. Services dated October 8, 2001; Letter of Interpretation No. 1563 issued by the Pinelands Commission dated October 4, 2001; Certification of Paid Taxes issued by the Egg Harbor Township Tax Assessor dated October 9, 2001; Certificate of Filing issued by The Pinelands Commission dated October 21, 2002; and WHEREAS, the Egg Harbor Township Planning Board, based upon the exhibits submitted, the reports and testimony of the Planning Board -3- 26B/285.dec 10/21/02 Engineer and the Planning Board Planner, and the testimony Presented on behalf of te Applicant, makes the following findings of fact:. 1. The Applicant is DiMarcan, LLC., a Limited Liability Company, with offices located at 30 Washington Avenue, Suite B-4, Haddonfield, New Jersey. At the time of the hearing, the Applicant was represented by Stephen R. Nehrnad, Esquire, of the law firm of Perskie, Nehmad and perillo, P.C. with offices located at 4030 Ocean Heights Avenue, Egg Harbor Township, New Jersey. 2. The Applicant has submitted properly filed Applications, all required documents, has paid all required fees and has complied with the notice and advertising requirements of the Municipal Land Use Law. The subject property is split zoned between the KB and 'RG-3 zoning districts. The proposed planned adult community consisting of single- family residential detached dwellings will be constructed only within the RG-3 portion of the site situated to the north and south of High School Drive. The Applicant proposes to subdivide approximately 19.73 acres of land known as Block 3301, Lots 9-11 and 18, Block 3302, Lots (p/o) 10, 92-94, 96-101 and Block 4001, Lots 2, 3 &6 of which 74 acres will be reserved for future commercial development in the JiB Zone as part of the Section I development, 19.27 acres will be reserved for future high school development as part of the Section II development, and the remaining 172.99 acres of land will be reserved for 397 residential detached single-family dwellings for an age restricted planned adult community. The proposed project will be constructed in two sections, under two separate applications, but as one unified planned adult community project. Under Application SDP -4- 268/28S.eC 10/21/02 25-o1/R3, the Applicant is seeking preliminary major subdivision approval of approximately 85.73 acres of land located to the south of High School Drive to create 261 lots, 253 of which will be used for single family residential detached dwellings for a planned adult community. An additional 49.59 acres of land located to the north of High School Drive and reserved for future development will be included with English Mill Section I due to proposed storrnwater improvements for Section I on the site. Under Application SDP 16-02, known as English Mill Section XI, the Applicant proposes to subdivide approximately 87.26 acres of land located to the north and south of High School Drive to create 151 lots, 144 of which will be used for single family residential detached dwellings for a planned adult community. The proposed planned adult community will include active and passive recreation and open space. The proposed planned adult community will have access onto Mill Road (County Road 662) and High School Drive. The Application is a conditional use within the RG-3 Residential District. 3. The project will be serviced by public water provided by the New Jersey-American Water Company and public sewer provided by the Egg Harbor Township MUA. 4. At the time of the hearing of the Applications, the* Commissioner of the Department of Environmental Protection had issued an Administrative Order prohibiting the New Jersey-American Water company as the purveyor of water services in this area from providing water for use in the construction or subsequent utilization of any new building, dwelling, structure, facility or other development within -5- 2G8/28S.deC 10/21/02 the Township of Egg Harbor except for such new building, dwelling, structure, facility or other development for which a construction permit has been issued prior to the date of the Administrative Order, being September 22, 2002. 5.. At the time of the hearing, the Applicant marked and introduced into evidence the following exhibits: A-J. English Mill I Site Plan; A-2 English Mill Overall Site Plan; A-3 English Mill Aerial Photo; A-4 English Mill Comparison Chart; A-S English Mill Open Space/Tree Preservation Comparison Chart; A-6 English Mill Benefits to the Community; A-7 Tree Preservation Plan; A-B Community Photos; A-9 Lifestyle Photos. 6. John Canuso, a Principal in DiMarcan, LLC, provided testimony regarding the proposed project. Initially, Mr. Canuso explained to the Board why the project, while being developed as a single planned adult residential community, was filed in two separate Applications. Mr. Canuso stated that certain lands were acquired from private individuals while other lands were a part of an exchange agreement among Egg Harbor Township, the Egg Harbor Township Board of Education and the Applicant. Due to the length of time of the negotiations, the proper€y that was part of the tn-party agreement among the Township, the School Board and the Applicant, was filed subsequent to the Application for the lands acquired from private individuals. -6- 2B/2BS.deC 10/21/02 . Mr. Canuso referenced the project at English Mill, both Sections I an4 II, as being similar to the 'Little Mill" planned adult community that was previously approved by the Board. The project proposes a planned adult community which is a conditional use in the RG-3 Zone. A Homeowner's Association is proposed for both Section I and Section II and both Sections will be developed and exist as one community. 8. Mr. Canuso testified that the plan meets or exceeds all of the conditional use requirements set forth under Section 225-73 of the Egg Harbor Township Zoning Code as it pertains to planned adult communities. Mr. Canuso further testified that the minimum required open space for a planned adult community is 20% of the net acreage of the site after the subtraction of all designated wetland, buffer areas or areas to be utilized for stormwater management. Mr. Canuso testified that the project, being defined as English Mill Section I and Section II, provides 30% open space or approximately 3645 acres. This is well in excess of the .20% as required under the Ordinance. When the wetland basins are included, the amount of open space rises to 43k of the total site or 74.52 acres. 9. The proposed development provides for small lot cluster development with the average lot size being 53 feet by 113 feet. The Applicant proposes a density of 2.29 Units per acre, which is permissible subject to the purchase of .25 PIJC for each unit exceeding the PDC density of 2.25 units per acre.. 10. Mr. Canuso along with Design Engineer, Henry Haley, provided testimony regarding the proposed tree preservation for the project. -7- 26a/265.dec 10/21/02 The minimum preservation requirement under the Egg Harbor Township Ordinances, which is 35% per lot, amounts to a minimum preservation of 19.82 acres. Although the Applicant is unable to satisfy the tree preservation requirement per lot, the Applicant has provided testimony that through the establishment of mandatory buffers and other open space. the Applicant is able to satisfy the intent of the Ordinance on a project wide basis by preserving 60.66 acres. Mr. Haley testified that it is impossible for the Applicant to maintain a 35% tree preservation on each lot and accomplish the necessary grading to construct the project. The Planning Board requests and the Applicant has agreed to provide a vegetation plan for each lot and as a condition of approval shall provide a phased clearing plan to the Planning Board Engineer at the time of the filing of the Application for Final Approval. 11. Mr. Haley provided detailed testimony regarding the buffers on the site. Mr. Haley testified that there is a 50-foot buffer along all rear yards on High School Drive and that the buffer will be deed restricted such that all trees located within the buffer cannot be removed. As a further condition of approval, the Applicant has agreed to add supplemental plantings where necessary and as required by the Planning Board Engineer and Planner. 12. Mr. Haley provided detailed testimony regarding the subdivision plan. He indicated that there are two wet basins along the entrance at Mill Road. These basins will have fountains and be properly landscaped to provide a favorable visual appearance for the community. The remaining four basins are located throughout the site. 268/285.dec 10/21/02 The Clubhouse will be located at the entrance and will be the subject of a separate ,site plan application. The Applicant also proposes to complete High School Drive out to Tremont Avenue with full width overlay, with curbing and sidewalk on the north side. 13. Mr. Haley testified that the Applicant proposes the establishment of a Homeowner's Association and all appropriate documents regarding the creation of the association as well as all appropriate declarations and. covenants thereof shall be submitted to the Planning Board Solicitor for review. The Association will own and maintain all basins as well as provide for unifoxin landscaping for the properties. . No fences will be permitted for the individual lots. The lots will also be deed restricted to provide for decks and patios to be of a certain size and material. No sheds, outdoor storage or individual gardens will be permitted. Owners must receive approval from the Homeowner's Association. to deviate from any of the landscaping plans. The Township will be responsible for snow and trash removal. 14. Mr. Haley stated that there is a 25-foot wide proposed buffer between the lot designated for future high school expansion and the project. The Applicant has agreed to install a fence between the project and the proposed future development of the high school to be located on Block 3302, Lot 414. The Applicant has also agreed to install a fence between the project and the Township property located on Block 3301, Lot 17. This fence shall be of solid construction, either board-on-board or vinyl. -9- 26B/285.dec 10J21/0 15. As part of the Application,, the Applicant is seeking the following checklist waivers for both Section I and Section II: From Item 2 that the plans be drawn at a scale of one inch A. equals 50 feet. The Applicant provided testimony that in order to show the entire tract on one sheet due to its size, the Applicant cannot satisfy this reQiremeflt. Based upon the recommendation of the Planning Board Engineer, the Egg Harbor Township Planning Board hereby grants the checklist waiver for both Application SDP 16-02 and Application SDP 25-01, English Mill Section II and English Mill Section , respectively, from Item 2 as set forth above. 16. The Applicant is seeking the following design waivers for SDP 16-02 English Mill Section II: A. From Section 94-22A(2) to provide the location of all specimen trees and individual trees greater than 15 inch dlljhr B. From Section 94-28A(l0) the design of open space area; C. From Section 94-36 which provides a maximum lot clearing for lots having an area of less than 10,000 square feet to 65% of the lot cleared; D. From Section 94-44F(1) from sodding the side slopes and basin bottom; E. From Section 94-44F(3) (h) [6] to design the basin as a two stage structure; 17. In support of the requested design waivers, the Applicant provided the following testimony. The Applicant is requesting a partial waiver from Section 94-22A(2) in that the Applicant selected -10- 260/285.dec 10/21/02 four random areas on the site for the purposes of identifying all specimen trees and individual trees greater than 15 inch dbh The Applicant provided testimony that it was unable to locate any specimen trees or tress with 15 inch dIDh in the areas chosen The Applicant stated that because the Applicant will be clear cutting the site, it is requesting a waiver from having to identify all specimen trees and individual trees greater than 15 inch dbh other than those identified in the random study. In support of the request from the waiver of the open space areas, Mr. Haley testified that while the design standard provides that open space area should weave between dwelling units generally respecting a minimum width of 50 feet and periodically widening out into significant Sand usable recreation areas, the Applicant has designed the site with Open space areas having a width of 25 feet in some areas and 50 feet in others. Mr. Haley described the proposed open space areas, which emanate from the two wet basins around the perimeter of the site and extend into other areas in the center of the site in a finger .pattern, as satisfying the intent of the Ordinance although the literal intent may not be met. In support of the waiver from the selective clearing requirement, the Applicant provided testimony that although it is clearing more on the individual lots it will be providing a revegetation plan for each lot. Moreover, the overall tree preservation on the entire site (Section I and II) is approximately 60 acres. As a condition for granting this waiver, the Planning Board Engineer stated that the Applicant shall provide a phased clearing plan as part of its Application for Final Approval which will identify the phases of clearing as well as what areas will 2B/285.eC 10/21/02 be cleared. The Applicant further agrees to supplement all remaining buffers to th satisfaction of the Planning Board Engineer and to provide the design of the open space such as pedestrian trails and walkways at the time of submission for final approval. In support of the waiver for sodding the side slopes and basin bottom, the Applicant provided testimony that two of the basins will be wet basins, with fountains, the remaining basins will have the sides sodded and the basin bottom will be vegetation free soil. In support of the waiver from designing the basin as a two stage structure, the Applicant provided testimony that it will place a note on the plans indicating that the basins will be thoroughly, scarified and cleaned prior to -acceptance. 18. Based upon the testimony provided by the Applicant's Engineer, the recommendation of the Planning Board Engineer, and the Applicant's testifying that it will agree to the conditions imposed with regard to specimen trees, the design of the open space areas and selective clearing, the Egg Harbor Township Planning Board hereby grants the design waivers set forth for English Mill Section II set forth in Paragraph 16 above. 19. The Applicant is requesting the 'same design waivers for English Mill Section I, Application SDP 25-01 with the addition of a design waiver from Section 94-24B(2) that side lot lines be either at right angles or radial to street lines. Mr. Haley testified that approximately eight of the interior lots are designed with non-radial lot lines in order to provide curvature that will improve the design features of the subdivision. - 12 - 2€8/265.dec 10/21/02 Based upon the testimony provided by the Applicant's Engineer, the recommendation of the Planning Board Engineer and the Applicant's agreement to the conditions imposed with regard to specimen trees, design of open space and selective clearing, the Egg Harbor Township Planning Board hereby grants the design waivers from Section 94-22, Section 94-24E(2), Section 94-28A(lO), Section 94-36, Section 94- 44F(l) and Section 94-44F(3) (li) [6]. 20. As part of the Application, the Applicant is requesting variance relief from Sections 225-73D(8) and 225-73C(5) to permit lot width variances for interior and corner lots in Section II, specifically, Lots 407, 408, 409, 410 and 412 and lot width variances for interior and corner lots in Section 1, specifically Lots 254, 257, 258, 259, 260 and 261. In support of the request for the lot width variances for the corner lots and interior lots, Mr. Haley provided testimony that the purpose for minimum lot widths is to provide adequate light, air and open space between buildable lots. Because the proposed lots for which lot width variances are requested are open space lots, there is no need to apply this principle to these lots. Moreover, benefits to be served by providing a favorable visual environment by permitting the deviation from the lot width requirement. would outweigh any negative impacts of which Mr. Haley testified there are none. 21. Based upon the testimony of the Applicant's Engineer and the recommendation of the Planning Board Engineer, -the Egg Harbor Township Planning Board hereby grants interior lot width and corne.r lot width - 13 - 268/85.deC 10/2/02 407, 408, 409, 410 variances for lots and 412 for Section II and Lots 254, 257, 258,.259, 260 and 261 for Section I. 22. Mr. Haley testified that the Pinelands Commission has filed an Amended Certificate of Filing requiring the Applicant to provide for an emergency access road that will connect Road "L" and Road "Jo. The Applicant will revise the plans which may require the relocation of certain lots to provide for the proper access, the access road, will have a stabilized base and will have grass payers that will be able to withstand the load of emergency vehicles. 23. The Applicant's Engineer, David Shropshire, testified regarding the effect of the project on the intersections of High School Drive and English Creek Avenue and Mill Road and Ocean Heights Avenue. Mr. Shropshire testified that at full build-out there will be a need for a traffic light at the intersection of High School Drive and English Creek. Mr. Shropshire. stated, that because English Creek is a County Road, the County will calculate the amount of the Applicant's fair share contribution toward the installation of the traffic light. Additionally, with regard to the intersection of Mill Road and Ocean Heights Avenue, Mr. Shropshire stated that preliminary discussions with the County have indicted that no signalization is. warranted at this time. However, in the event that signalization i8 required, the Applicant will make its fair share contribution if the County requires. 24. The Egg Harbor Township . Planning Board in granting preliminary subdivision approval to English Mill Sections I and II, hereby recommends that the intersection of High School Drive and - 14 - 268/28S.dec 10/21/02 English Creek be signalized as well as the intersection of Mill Road and Ocean Heights Avenue and that the Applicant pay its pro rata share thereof. As to any improvements of High School Drive that may be warranted as a result of the signalization of the intersection, the design will be deferred to the time of final approval. However, the Applicant has agreed that the Township/ Planning Board Engineer shall be party to all discussions with the County regarding any improvements of this intersection. 25. At the time of the initial hearing on September 9, 2002, several members of the public spoke. The public hearing was closed with the understanding Ithat it would be reopened at the October hearing to allow any members of the public to speak either for or I against the project. The Applicant and the Planning Board hereby incorporate all of the testimony given at the September hearing by members of the public at the October hearing. Ed Banfe of 3 Dixon Drive, Medford, New Jersey, the owner of Block 3302, Lot 95 testified that IvinS Avenue is a paper street that extends to his lot. He had requested that the street be improved to his lot and that there would be utilities available for his connection. In response to issues raised by Lou Needly of 19 High School Drive and Tim and Jeanie. Martinolich of 13 and 15 High School Drive, the Applicant testified that there will be a 50 foot buffer along all rear yards on High School Drive. The buffer will be deed restricted such that any trees located in the buffer will not be removed. The Applicant has also agreed as a condition of approval to supplement the buffer with additional plantings as required by the Planning Board Engineer. - 15 268/285.deC 10/21/02 The Planning Board recognizes the Administrative Order of 26. the New Jersey Department of Environmental Protection ordering and directing the New Jersey-.Pxnerican Water Company as a purveyor of water in this area not to distribute or provide water for use in the construction or subsequent utilization of any new building, dwelling, structure, facility or other development in Egg Harbor Township unless a construction permit had been issued prior to the date. of the order, that being September 22, 2002. Although there have been certain exceptions and the establishment of a hardship exemption procedure subsequent to the date of the order, the Egg Harbor Township Planning Board specifically states that any approval granted to the Applicant by the Planning Board shall not be construed or interpreted as •a tactic recommendation that a hardship exemption be granted to the Any approval granted herein is mandated by N.J.S.A. Applicant. 40:5ED-22 which provides that if an application for development complies, with the municipal development regulations, the municipal agency shall approve such application conditioned on removal of such legal barrier to development. 27. At the time of the second hearing on October 21, 2002, the Planner for the Planning Board stated for the record that his first would have to be disqualified from further review of the Application due to a conflict of interest. Because of the alleged conflict of interest, the Planning Board Engineer would assume all duties of the Planning Board Planner on this project. In light thereof, the Applicant provided testimony that it will comply with the comments set forth in the Planner's report dated September 3, 2002 for Section II - 16 268/285.deC 10/21/02 ,002 for Section I and the Engineer's report dated and September 3, 2 August 30, 2002 for Section II and Section I to the extent not modified herein, with the understanding that compliance therewith shall be monitored by the Planning Board Engineer's Office. 28. The Planning Board specifically finds that the Applicant shall have the benefit of a five year period of zoning protection as permitted under N.J.S.A. 40:55D-49d with regard to the preliminary approval granted herein. NOW, THEREFORE, a motion having been made and approved by a vote of eight (8) in favor and none (0) opposed, the Egg Harbor Township Planning Board hereby grants preliminary major subdivision approval, conditional use approval, along with design and checklist waivers as req-uested, and lot width variances for interior lots and corner lots for SDP 16-02 English Mill Section II and SDP 22-01 English Mill Section i, subject to the following terms and conditions that are applicable to both Applications: The Applicant shall comply with the review comments of the • A. Planning Board Engineer and the Planning Board Planner in their reports to the extent not modified herein. Agreement by the Applicant to specific items not contained. B. within this Decision and Resolution, but which are otherwise set forth in the Application, which are contained in the record of the hearing of this Application, and are adopted by reference, even though not set forth herein at length. - 17 - 26/25.deC 10/2/02 The approval granted herein is contingent upon the Applicant C. receiving the . approval of any and all governmental agencies having jurisdiction. D. The Applicant has agreed that High School Drive to Tremont Avenue will be improved with full width overlay, with curbing and sidewalk on the north side. E. The Applicant shall revise the plans to provide for an emergency access road connecting Road ULU and Road "H" as required by the Pinelands Commission, improved with a stabilized base and grass payers. F. The project will be constructed in conformance with the waivers granted herein and.shall be used as a planned adult community for age 55 and older in conformance with the Cectificate.. of Registration filed with the Department of Community Affairs. C. The Applicant has agreed to install a. solid fence either board-on-board or of vinyl construction between the project and Block 3301, Lot 17, a public works yard owned by the Township. H. The Applicant has agreed to install a fence between the proposed future expansion of the high school and Block 3302, Lot 14 and the project. I. The Applicant has agreed to contribute its fair share toward the sigralization of High School Drive and English Creek Avenue and any signalization that may be required by the County at the intersection of Mill Road and Ocean Heights Avenue. J. The Applicant has agreed as a condition of approval that any improvement of High School Drive shall be deferred until the time of 268/285.dec 10/21/02 final approval. However, the Applicant has agreed that the Egg Harbor Township Planning Board Engineer shall be made a party -to any and all discussions with the County regarding the improvement of High School Drive iand English Creek Avenue. K. The Applicant shall provide to the Planning Board Engineer prior to the time of submissipn of an Application for Final Approval a phased clearing plan setting forth in specifics those areas that will be cleared to the satisfaction of the Planning Board and Township Engineer. L. As a condition of approval, the Applicant shall supplement all remaining buffers to the satisfaction of the Planning Board Engineer. As a condition of approval, the Applicant shall provide a N design of the proposed open space at the time of the submission of the Application for Final Approval providing details of a.pedestrian trail and walkway. The approval granted herein is conditioned upon the removal N. of the legal barrier to development resulting from the Administrative Order of the Commissioner of the Department of Environmental Protection regarding the distribution or provision of water for this. development under Administrative Order No. 2002-22. The Applicant has agreed to improve Ivins Avenue to provide 0. access.for the owner of Block 3302, Lot 95. The Applicant shall enter into a hold harmless Agreement P. with the Township in accordance with Section 94-44E(6). The Applicant shall provide all homeowners all documents Q. providing for the establishment of a Homeowner's Association to the Planning Board Solicitor for review. R. The approval granted herein is conditioned upon there being no develbpment until all off-site public sanitary sewer lines are installed to the perimeter of the subject tract. S. All conditions of this Decision and Resolution shall be enforceable unless otherwise waived by the Planning Board by the withholding of building permits and/or certificates of occupancy or by any àther remedy available at law or in equity. EGG 7OR TOWNSHIP PLANNING BOARD • aC!t (4#- T, RESA WILBERT, Lanp Use J' (Y2- Administrator Dated: (I RE; DiMarcan, LLC Application Nos. SDP-25-01 and SDP 16-02 - 20 - 268/285.dec 10/21/02 IN FAVOR OF THE VOTING CHECKLIST WAIVER FOR SDP 16-02 ENGLISH MILL SECTION II: ABSTENTIONS: OPPOSED: Duffy Eykyn Flipping Garth Henry Maltz McCullough Miller VOTING IN FAVOR OF THE REQUESTED DESIGN WAIVER FOR SDP 16-02 ENGLISH MILL SECTION II: ABSTENTIONS: OPPOSED: Duffy Eykyn Flipping Garth Henry Maltz McCullough Miller VOTING IN FAVOR OF THE REQUESTED VARIANCE RELIEF (INTERIOR LOT WIDTH AND CORNER LOT WIDTH) FOR SD? 16-02: ABSTENTIONS OPPOSED Duffy Eykyn Flipping Garth Henry Maltz McCullough Miller - 2]. - 268/285.dec 10/21/02 VOTING IN FAVOR OF CONDITIONAL USE APPROVAL, CONDITIONAL PRELIMINARY AND MAJOR SITflIVIIcThT APPROVAL FOR A PLANNED ADULT COMMUNITY (SDP 16-02) ENGLISH MILL SECTION II: ABSTENTIONS: Duffy Eykyn Flipping Garth Henry Maltz McCullough Miller VOTING IN FAVOR OF THE REQUESTED CHECKLIST WAIVER FOR SDP 25-01 ENGLISH MILL SECTION 1 ABSTENTIONS: OPPOSED Duffy Eykyn Flipping Garth Henry Maltz McCullough Miller VOTING IN FAVOR OF THE REQUESTED DESIGN WAIVERS FOR SDP 25-01 ENGLISH MILL SECTION ABSTENTIONS: OPPOSED; Duffy Eykyn Flipping Garth Henry Maltz McCullough Miller - 22 - 268/2e5.dec 10/21/02 VOTING IN FAVOR OF THE REQUESTED VARIANCE RELIEF (INTERIOR LOT WIDTH AND CORNER LOT WIDTH) SDP 25-01 ENGLISH MILL SECTION I: ABSTENTIONS: OPPOSED: Duffy Eykyn Flipping Garth Henry Maltz McCullough Miller VOTING IN FAVOR OF CONDITIONAL USE APPROVAL, CONDITIONAL PRELIMINARY AND MAJOR SUBDIVISION APPROVAL FOR A PLANNED ADULT COMMUNITY SDP 25-01 ENGLISH MILL SECTION I: ABSTENTIONS: OPPOSED: Duffy Eykyn Flipping Garth • Henry Maltz McCulloucth $tarie ixf thx jrzz THE PINELANDS CoflssoN P0 Box 7 NEW LSION NJ 08064 JAMES E.MCGREEVEY (609)894-7300 Governor ExecWiz December 13, 2002 Robert Bower DiMarcan, LLC 30 Washington Ave. Suite 4B Haddonfield, NJ 08033 Piasè Always Refer To This Application Number Re: Application #83-6164.07 Block 3301, Lots 9 & 18 Block 3302, Lots 96- 101 - Egg Harbor Township Dear Mr. Bower: We have reviewed the preliminary subdivision approval and the amended preliminary subdivision appoval issued by the Egg Harbor Township Planning Board for the development of 397 single family dwellings, a lot containing a clubhouse and associated recreational facilities, four lots dedicated to open space, four lots containing storrnwater managements facilities and three lots containing storm-water conveyance easements on a 173.72 acre portion of the above 199.73 acre parcel, the installation of approximately 17,747 linear feet of public sanitary sewer main and approximately 27,150 linear feet of water main within the Mill Road and High school Drive rights- of-way and the internal roads of the subdivision and the improvement of the Oakland Avenue right- of-way from Tremont Avenue to High School Drive. Based upon this review, the approval can take effect. Copies of all other permits and approvals must be submitted to the Pinelands Commission before any such permit or approval can take effect. The subdivision plan, consisting of 49 sheets, submitted to the Pinelands Commission was prepared by Consulting Engineer Services and dated as follows: Cover Sheet undated Sheet 2 last revised 9/20/02 dated 6/7/02 Sheets 3 & 4 dated 6/7/02 last revised 11/18/02 Sheets 5 - 7 dated 6/7/02 last revised 9/16/02 Sheets 8 dated 6/7/02 last revised 11/18/02 Sheets 9 - 11 dated 6/7/02 last revised 9/16/02 http.//www.state.nj.us/pinetands/ E-mail: lnfo@njpines.state.nj.gov The Pinelands—Our Country's First National Reserve and a U.S. Bior'- New Jersey is An EqusJ Oppori;snih --'- . '.LS- '..._') L&J.J.UJ Department of Regional Planning and Development JoephM. Mibcr Dcperrmciu !fced Dennis Levinson December 23, 2002 County Ereczthve Dot ef 6O/M.!-6898 FAX. W1454 TDD 34Z-5b Mr James A. Spratt, PE RECEIVED Divisicia Consulting Engineer Services 26 Office of Gis 150 Delsea Drive Suite 1 cneultirlg Sewell, N.J. 08080 RE English Mill (Major Subdivision) Cost Estimate ET-2-2002 Date of Estimate: 1211612002 Dear Mr. Sprat The cost estimate in the amount of $191,087.60 has been considered and is XXXX APPROVED6 A performance guarantee is now required This can be in the form of a bond or letter of credit A sample form is available through this office for the letter of credit This has been created to assist you with this process Na cash or checks will be accepted EXEMPT Since the cost estimate is for less than $5,000 of improvements it is considered to be exempt from the perforrnance guarantee requirement. Therefore, no performance guarantee is required DISAPPROVED The cost estimate has been disapproved by the Division of Engineenng The foltowrng (See attached) has to be changed for the cost estimate to be acceptable If you have any questions regarding this matter, please call 645-5898 -v-- - - Sincerely, - Brian Walters, PP Principal Planner 1 00 P.O. Box 719 New Road and Dolphin Avenue Northfiekl, New Jersey 082Z5O?19 Visit our web nite &L b±p//'rww.atlinkorg A1linrit Counly za an.Eqzial Opportunity Empioer Hyberg, Esq. Enid L. YOUNGBLOOD, CORCORAN, ALELI, LAFFERTY, STACKHOUSE, GROSSMAN & GOPMLEY, PA. 3205 Fire Road P.O. Box 850 Egg Harbor Township, NJ 08232 (609) 645-2201 Attorneys for Egg Harbor Township Planning Board APPLICATION OF KENNETH STEVENS : TOWNSHIP OF EGG HARBOR ASSOCIATES FOR FINAL SUBDIVISION : PLANNING BOARD APPROVAL FOR BLOCK 5803, LOTS 54 AND 56 FOR A PROJECT KNOWN AS "THE ARBORS AT WOOD HOLLOW" : APPLICATION NO. SDP 08-00 DECISION AND RESOLUTION THIS MATTER having been heard by- the - Planning Board of the Township of Egg Harbor. on March 19, 2001, at a regularly scheduled meeting at the Township Hall of Egg Harbor Township and the Board having reviewed the application and plans as submitted and a auorum being present; and WHEREAS, the Egg Harbor Township Planning Board has heard the testimony of Vincent Polistina, Planning Board Engineer and received his report dated February 13, 2001, attached hereto and made a part hereof; and WHEREAS, the Egg Harbor Township Planning Board has reviewed the application submitted by the Applicant- together with a Final Subdivision Plan prepared by Duffy, Dolcy & McManus dated August 16, 1399, last revised December 13, 2000; and WHEREAS, the Egg Harbor Township Planning Board, based upon the exhibits submitted, the reports and testimony of the Planning Board iTTh Engineer, and the teztimoziy presented on behalf of the Applicant, , makes the following findings of fact: 1. The 2'nplicant is Zenfleth Stevens Ascc±ates, inc. with ices located, at 1920 Frontage Road, Suite 107, Cherry IW.1, N ew 3e-v. At the time of the hearing, thepp1Icant was represented by Stephen Nebmad, Esquire of the law finn of Perslzie, i'ehinad and Perjlj o with offices. located at 1125 Atlantic Aventie, Atlantic City, New Jersey 08401. 2. The Aoolicat has submitted a properly filed application, all required documents and has raid a1l required fees. 3. On Noves±eZ 20, 2000, the Egg aarbor Township Planning Board gianted preliminary ma-or subdivision app:cv-aJ. toe Qpliczit to subdivideBlb3 58031 Lots 54 and 56 to create 39 iota, 36 a f will be used for single family dwellings, one (1) lot- which will, be used for a stonwater basin and two (2) lots to be -,_-azLsferrad to the TownshiP to remain undeveloped as open apace, 4. At the time of the hearing, the ppiicant requested checklist waivers from Itee. 2 requiring that the plans be drawn at a scale of not 1E55 than one (1) inch equals fifty (50) feet and Item. 6 requiring that the names and address of the landowners withjj 200 feet be delineated on the plat. In support of the request for the waivers; the Applicant indicated that in order to show the entire su bdivtsioa on one plan, the scale must be greater than tha't as proviàsd under the Orthnance. In suppOrt of the waiver fr-cm. Item 6, the Applicant indicated that the infoumation was provided at the tine Of preliminary The Planning Board Zngineer supported the check—list ar,nrovai. wajvers. Bamed upon the testimony •.•sbrnitt•ed and the reccmne.ndatjcn of S. th Planning Board Engineer, the Egg 1Iaror cwnzhip Planning Board e ants the checklist waivers from Item 2 and rtem 6. 6...........The pv1icant will comply with the Candit-icnz imuosed at the time of preliminary major subdivision approval, to the extent no jnodjied herein The Applicant testified that he will CQ?V ) 7. y with all --ec=mendatioms contained in the Engineer's report to the extent not modified herein.. sow, TBERcIMM, a motion having been made and anroved by a vote A a seven (7) in favor and none (0) opposed, the Egg Harbor Towship grants the checklist waiyr pLanning Board hereby . z arid by a ...vcte- of. five (5) in favor and two (2) opposed, the Zgq Harbor Township ?tanning Board hereby grants approval for the final major subdivision, subject to the following terms and ccditicns: The applicant complying with the review cooiraents ciff the A. TwomshilP Engineer in his report, to the extent not modified. herein. H. AgIent by the Applicant to specific items not contained within this Decision and P,.esolutiou., but which axe otherwise set forth in i]ie app.ication, or which are contained in the record of the hearing of this application, are adopted by reference, even though not set forth herein at length. C. The approval granted herein is contingent upon the Applicant receiving the approval of any and all governmental agencies having jnr±scffction. D. Al]. Carlditions of this Decision and Resolution shall be enforceable unless otherwise waived by the ing board by the jjoidjq cf building pe=its and/or cezt-j—pir-atez of Orc=ancy or by any other remedy available at law or in EGG R p FLAMMG BOARD RD Att hajj Dated: RE: Kenneth Stevens Aociate Application No. SD-09-00 ASTENrLONS: 013O5ED: uzuvur j'uvar: ABSTENTIQNS: OPPOSED: Eyicn Flipping Garth Peed sa lav Sutton SECOND AMENDMENT TO THE PUBLIC OFFERING STATEMENT .........................EDAND PRESENTED .. BY D.R HORTON, INC. - NEW JERSEY, A Delaware Corporation dlb/a SGS COMMUNITIES having an office at 700 East Gate Drive, Suite 110 Mt Laurel, New Jersey. 08054 for Phase 1(273 Homes) out of a possible 397 Single Family Dwellings and Lots Located on Mill Road (County Route 622) Egg Harbor Township, Atlantic County, New Jersey and designated as THE VILLAGE GRANDE AT ENGLISH MILL NOTICE TO PURCHASERS THIS SECOND AMENDMENT IS FOR INFORMATIONAL PURPOSES ONLY. PURCHASERS SHOULD ASCERTAIN FOR THEMSELVES THAT THE PROPERTY OFFERED MEETS THEIR PERSONAL REQUIREMENTS. THE NEW JERSEY DIVISION OF CODES AND STANDARDS HAS NEITHER APPROVED NOR DISAPPROVED THE MERITS OF THIS OFFERING. BE SURE TO READ CAREFULLY ALL DOCUMENTS BEFORE YOU SIGN THEM. THIS SECOND AMENDMENT HAS BEEN FILED AND IS PRESENTED PURSUANT TO THE PLANNED REAL ESTATE DEVELOPMENT FULL DISCLOSURE ACT (NJ.S.A. 45:22A-21 ET Q.) AND THE RULES AND REGULATIONS PROMULGATED, THEREUNDER (N..LA.C. 5:26-1.IET SEW HOUSING WITHIN ThE VILLAGE GRANDE AT ENGLISH MILL IS INTENDED FOR OCCUPANCY BY PERSONS 55 YEARS OF AGE OR OLDER. WITH LIMITED EXCEPTIONS, A HOME MAY NOT BE OCCUPIED UNLESS AT LEAST ONE PERSON 55 YEARS OF AGE OR OLDER RESIDES IN THE HOME. NO CHILD UNDER THE AGE OF 19 YEARS MAY OCCUPY A HOME IN THE VILLAGE GRANDE AT ENGLISH MILL. THERE ARE NO EXCEPTIONS TO THE FOREGOING RULES, AND OTHER AGE RELATED RESTRICTIONS ARE CONTAINED HEREIN. EFFECTIVE DATE OF PUBLIC OFFERING STATEMENT: January 13, 2005 EFFECTIVE DATE OF FIRST AMENDMENT: March 25, 2008 EFFECTIVE DATE OF SECOND AMENDMENT: April 6, 2009 REGISTRATION NUMBER; R.3823 PREPARED BY: GREENBAUM, ROWE, SMITH & DAVIS. LLP Metro Corporate Campus I 99 Wood Avenue South Iselin, New Jersey 08830 (732) 549-5600 1072939.02 EXHIBITS eratli gBudget.based.on.246 Homes iihase.i.2.73Homes) including .- ........... ....... .... -. .2. ProJected amenities, Estimated Common Expense Assessments and Letters of Budget and Insurance Adequacy 9 First Amendment to Deposit Escrow Agreement, and Change Order No 3, and Second Amendment to Deposit Escrow Agreement, and Decrease Penalty Rider (aka Change Order No. 4. 1072939.02 SECOND AMENDMENT TO THE PUBLIC OFFERING STATEMENT FOR THE VILLAGE GRANDE AT ENQLISFI MILL D P. HORTON, INC - NEW JERSEY, a Delaware Corporation, with an office located at 700 East Gate Drive, Suite 110, Mt. Laurel, New Jersey 08054, hereby amends its Public Offering Statement for Village Grande at English Mill, dated January 13, 2005, and as previously amended by the First Amendment to the Public Offering Statement (collectively the "Plan"), as set forth herein. 1. Section 6. of the text of the Plan captioned "BUDGET" is amended and supplemented by the addition of the following paragraph after the first paragraph of that Section: "Proposed operating budgets based upon Phase I consisting of 273 Homes, and Full Occupancy consisting of 397 Homes have been included as part of the Plan. As of the date of this Second Amendment to the Public Offering Statement, the Developer projects that 246 Homes and the common amenities will be completed during the 2009 fiscal year of the Association. Accordingly, the Developer is supplementing the budgets previously included in the Plan to include the proposed operating budget, based upon the proposed completion of 246 Homes and the common amenities, under which the Community will operate during 2009." 2. Exhibit 2 to the Public Offering Statement, as amended by the First Amendment to the Public Offering Statement, captioned "Projected Operating Budget based on Phase 1(273 Homes) without amenities and including amenities and Full Occupancy (397 Homes), Estimated Common Expense Assessments and Letters of Budget and Insurance Adequacy" is supplemented by Exhibit 2 captioned "Proposed Operating Budget based on 246 Units in Phase I with amenities, Estimated Common Expense Assessments and Letters of Budget and Insurance Adequacy" appended to this Second Amendment to the Public Offering Statement. 3. Exhibit 9 to the Public Offering Statement captioned "Down Payment Bond and Deposit Escrow Agreement" is amended by the First Amendment to Deposit Escrow Agreement, to which is appended Change Order No. 3, and the Second Amendment to Deposit Agreement, to which is appended the Decrease Penalty Rider (aka Change Rider No.4). As a result of the changes to the Down Payment Bond effectuated by the Change Riders, as of the date of this Second Amendment, to the Public Offering Statement, the amount of the Down Payment Bond is $400,000.00. As of the date of this Second Amendment to the Public Offering Statement, no 1072939.02 deposits or money paid under any contracts for the sale of homes in the Developments under the Down Payment Bond, as amended, exceed $400,000. The Developer hereby represents that to the best of its knowledge, information and belief the statements and representations contained herein are true and accurate NEW JERSEY, Developer D R HORTON, INC.- -2- 1072939.02 EXHIBIT 2 • NEW YORK GIlT. New YO* • VALLEY FORGE. P84N$YLV/PM 2124-8904 610450-0600 - Propedy Moncgemer,i Coip 212-634-3944 Fox 610-650-0700 Pox Wentworth • BROOKLYN. New York • WLMIH2ON. Delaware C000erSqucise Rec4ty 718-332-0777 802-998-2115 Ams9r9 M0A098,TXEnI Se!'k.e, 71322-2855 FOX 302-998-3335 Fox Fesi Ser&e llnorxIOl • HACEEP1SACF.. New Jersey - FAIRFAX. VlginIo WosIhrnöre-ConctwcScv) -Moilenance-Ccmpcny. ksc. - 703-383--1 933 a 201-525-2400 Wentwoilh Reolty. hc. 201-525-2401 Pax 703-591-SIBS fdc WEN(WORTH GROUP - VflJ!IIS2I'.II4 : W*,Iori Insurcr,ce • LF¼flIU't..CYlLLE. IMfiT Ifl_. 895-v434 50-2B8-4634 FCIX -895-9680 Fox 703-591-5785 STATEN ISAND. 946w Yot • 8AERINGION. New Jessey • 856-546-771 718461-2222 856-546-2819 fox 718-741-2182 Fox • cay. .. JEZEY New PH9LO7IPHI& PEI4I45YLVANJA -. • 209-282-991 I Fox 21-3-218; 9ox January 14, 2009 Mitchell Newman tLR. Horton, Inc. -New Jersey NJ/PA Division 700 East Gain Diive1 Ste 110 Mt. Laurel, NJ 08054-3810 RE: Village Grande at English Mill— 24 IJniis Dear Mr. Newman We have prepared the estimated budget for the Village Grande at English Mill Homeowners Association, 246 units, at anticipated 2009 costs, for inclusion in thePublic Offering Statement. It is ow-opinion, based on our prior experience in managing similar communities, proposals received from contractors, and information received from the sponsor, that the budgeted operating estimate is reasonable and adequate under existing oircwxsstances and the estimated receipts shown will be sufficient to meet the normal anticipated operating expenses. The Reserves for Repair and Replacement were based on information received from the sponsor and its engineer and on our prior experience in managing similar comnnmifies. Because of the possibility of unforeseen cbangs in the economy or Increases or decreases in the expenses of operation, OUT estimates are not intended, and cannot be taken, as representation, guarantees or warrantees of any kind whetsoever, nor as any assurance that the actual expense or boonie of the Association, for any period of operation, may not incur additional costs unforeseeable at this time, or that the Board of Directors may not provide for services not reflected in the estimate, or that the annual assessments for any period may not Ywy from the amounts shown here. It may be expected, based upon current trends that such items as insurance, contracted labor and other related expenses will increase or decrease in the future. Very truly yours, WENTWORTB PROPE ANAGEMENT OF NEW JERSEY, [NC.. B/L.9Z. StIjhn C. ])oraii, CMCA,. AMS, PCAM VhPresideet Developer Services 100 Highway 36' Suite IA • Wesi Long Branch, New Jersey 07764 • 732-728-9690 • Fax: 732-728-2290 Village Grande at English Mill 2009 Budget Total ACCOUNT DESCRIPTION Page 1 $189.00 per home, per month OPERATING INCOME ASSOCIATION FEES $ 525.798.00 LATE FEE INCOME $ 1,050.06 ...... ........................................ .L.INOM s,00 $............. NSF CHARGES $ 3500 OTHER INCOME $ 33500 INITIATION FEE $ - DEVELOPER CONTRIBUTION $ 5300000 GROSS OPERATING INCOME $ 580,418.00 OPERATING EXPENSES GENERAL MAINTENANCE & REPAIR, COMMON AREA EXTERMINATING $ 500.00 MAINTENANCE SUPPLIES $ 500.00 SUBCONTRACTOR MAINTENANCE $ - LAKE MAINTENANCE $ 1,000.00 TOTAL GENERAL MAINTENANCE & REPAIR $ 2,000 00 GROUNDS MAINTENANCE LANDSCAPING MAINTENANCE CA $ 157,520L00 LANDSCAPING ADDI FERTILIZATION $ 15,00000 LANDSCAPING IMPROVEMENTS $ 2,167.28 IRRIGATION WATER $ 85,000.00 SNOW & ICE REMOVAL $ 4500000 COMMON AREA LIGHTING $. 91000.00 GEESE CONTROL $ 1,000.00 'TOTAL GROUNDS MAINTENANCE $ 314,68728 CLUBHOUSE CLUBHOUSE MAINTENANCE $ 3,483.33 CJH SUPPLIES $ 458.33 C/H CABLE TV $ 91667 C/H INTERNET SERVICE $ 916.67 C/H TRASH REMOVAL $ 91667 Chi ELECTRICITY $ 14,666.67 C/HGAS $ 1100000 C/H SEWER $ 4,583.33 C/H WATER $ 5,600.00 Gill HVAC MAINTENANCE $ 1,375.00 C/H CLEANING SERVICE $ 14,666.67 C/H WINDOW CLEANING $ 456.33 C/H EXTERMINATING $ 916,67 C/H REPAIRS & SUPPLIES $ 916.67 C/I-I JANITORIAL SUPPLIES $ 1,833.33 C/Fl SECURITY SYSTEM $ 91667 C/I-f EQUIPMENT MAINTENANCE $ 916.67. LOBBY MAINTENANCE $ 45833 CIH FIRE & SAFETY $ 916.67 C/U TELEPHONE $ 2,750.00 C/H RECREATION $ 916.67 PARKING LOT MAINTENANCE $ 20000 POOL MNTJRPR .. INDOOR $ 1,833.33 POOL MNT/RPR - OUTDOOR $ 916.67 POOL MANAGEMENT $ 45,000.00 Village Grande at English MIII 2009 Budget RECREATION/ENTERTAINMENT $ 4.58.33 Pane 2 BOCCI [SHUFFLEBOARD 916.67 TOTAL CLUBHOUSE $ 116,808.33 PAYROLL & BENEFITS ONSITE STAFF P/R $ 32,950.00 TOTAL PAYROLL & BENEFITS $ 32,950.00 ..•..-•.•--.-....-. ..:.:rAXES:&iNSURANCE- FEDERAL TAXES $ 100-00. PROPERIY/L1AB INSURANCE $ 15,000.00 INSURANCE-UMBRELLA $ 2,000.00 WORKMEN'S COMPENSATION $ 300.00 TOTAL TAXES & INSURANCE $ . 17,900:00 ADMINISTRATIVE & OTHER EXPENSES OFFICE SUPPLIES $ 2,500.00 OFFICE EQUIPMENT $ 500.00 POSTAGE & SHIPPING - PRINTING & POSTAGE $ 2,500.00 POSTAGE MACHINE RENTAL $ - BANK FEES $ 240.00 COUPON BOOKS $ 1050,00 SOCIAL COMMITTEE $ 300.00 PETTY CASH $ - CAI MEMBERSHIP $ 250.00 MISCELLANEOUS EXPENSE $ - TOTAL ADMINISTRATIVE & OTHER EXPENSE $ 7,340.00 PROFESSIONAL SERVICES MANAGEMENT FEES $ 31,188.00 LEGAL GENERAL $ 1,500.00 LEGAL COLLECTIONS $ 1,009.00 ACGOUN11NGIAUDIT . $ 2,000.00 TOTAL. PROFESSIONAL SERVICES $ 35,688.00 TOTAL OPERATING EXPENSES $ 529,373.61 RESERVE EXPENSE RESERVES DRIVEWAYS . $ 15,356.00 RESERVES REPAIR & REPLACEMENT $ - RESERVES SERVICE WALKS $ 7,601.00 RESERVES SIDEWALK RESERVE $ 10,547.90 ASPHALT $ 2,273.43 ASPHALT SEALCOATING $ . 1,351 .06 C/Il RESERVES $ 3,135.00 POOL DECK $ 1,650.00 POOL FENCE $ 275.00 POOL FILTERS $ 550.00 POOL FURNITURE $ 1100.00 TENNIS COURT RESERVES $ 2,750.00 TENNIS COURT FENCE $ 440.00 SWIMMING POOL RESERVES $ 3,300.00 RESERVES WALKING PATH $ 715.00 TOTAL RESERVE EXPENSE $ 51,044.39 TOTAL EXPENSE $ 580,418.00 NET INCOME I (LOSS) (0.00j $ TGS .%......... December 31, 2008 Village Grande at English Mill FIOA Insurance Wentworth Group do 208 Whitehorse Pike 960 Holmdel Road Barrington, NJ 08007 Holmdel, NJ 07733 I TEL (732) 834-9800 Me quacy BE Letter of PAX (732) 834-0233 Village Grande at English Mill HOA Homeowners Association Phase I - 246 units and Clubhouse with Contents Gentlemen In accordance with your request, we have reviewed and examined the Insurance Requirement for Village Grande at 9nglish Mill Homeo-wners Association located in Egg Harbor Township, NJ, Based on our analysis, 'we are pleased to recommend the following insurance coverage PROPERTY I - Coverage would be written on a blanket basis, covering the clubhouse, fencing, light fixtures, pool, recreational facilities, and personal property owned by the Association. Coverage provided under the policy would on special causes of loss penis basis including Replacement Cost, and Agreed Amount All property would be subject to a minimum policy deductible of t1,000 each occurrence. 2. COMMERCIAL GENERAL LIABILITY— Liability insurance would be designed to provide comprehensive protection for all common areas, including any swimming pools, and all recreational facilities. The limit under this section would be $1,000,000 each occurrence. The basic policy would be extended to include the broadening CGL endorsement which includes Personal Injury Liability Broad Form Property Damage, Host Liquor Liability, Blanket Contractual Liability, Medical Payments, Advertising Liability, Employees as Additional Insured, incidental Medical Malpractice, Fire Legal Liability, Extended Bodily Injury, Non-Owned and Hired Automobile Liability, in addition to other coverages. 3. DIRECTORS AND OFFICERS LIABILITY- Coverage would be provided for all present arid past members who serve on the Boaxd of Trustees for the Association. The policy would have a limit of $2,000,000 subject to a 2,500 deductible. 4. UIS&BREILA. LIABILITY— This policy would provide excess limits of liability above the primary Comprehensive General Liability, Non-Owned and Hired Automobile Liability, and Directors and Officers Liability policies A minimum of 315,000,000 for each occurrence is recommended however, higher limits axe suggested for consideration by the Association. 5 COMPREHENSIVEADTOMOBILE —if the Association owns any vehicles htd btid sf d also include the necessary compreherisrv'e and collision coverage Non-Owned and Hired Automobile Liability would also be included. 6 COMPREHENSIVE CRIME INSURANCE —The policy would provide coverage for the Association as a result of fraudulent and dishonest acts of its employees, loss of money and securities on and off premises, depositors forgery and counterfeit money and paper currency. The Jirnit for Employee Dishonesty coverage 'would be 1400,000. 7. WORKER'S COMPENSATION .-. Coverage would be provided for injuries to employees during the course of employment. Benefits would be based upon the statutory requirements prescribed by the State of New Jersey. The policy would be issued on a minimum premium basis subject to an audit at expiration 8 UNIT OWNERS INSURANCE - A Homeowners Policy commonly referred to as an 110-3 or HO-5 policy, should by purchased by the Unit Owner to covet property damage to the building as well as their personal belongs including furniture and fixtures along with any upgrades purchased as options by the Unit Owners Implementation of the foregoing Coverage will, in our opinion, be adequate to meet the basic needs of the Association in insuring the exposure usual to Condominium/ Towohome Association and satisfies the requirements of any mortgage lenders or management contracts. Premium summary for the coverage is shown on the attached summary sheet. VILLAGE GRANDE AT ENGLISH MILL 246 UNITS INCLUDING CLUI314OUSE AND CONTENTS INSURANCE PREMIUM ESTIMATE VALUES AS OF DECEMBER 2008 COVERAGE AMOUNT PREMIUM 1. Property Insurance $1,500,000 $11,660 Clubhouse and contents - 100% Insurable Value 246 Single family units Ordinance or Law Coverage $1,000,000 Included Loss of Maintenance Fees Actual Loss Sustained Included 2 Commercial General Liability $1,000 000 Included Directors and Officers 3. $2,000,000 $2,472 4. Umbrella Liability $15,000,000 $2,085 5. I-Iixed and Non-Owned Auto $1,000,000 Included 6. Comprehensive Crime $400,000 $707 7. Workers Compensation Statutory $876 8. Boiler and Machinery 11,500,000 Included Total Estimated Annual Pxerniwns: $17,800 The preium estimates above are based on rates in effect in December 2008. Actual premiums may vary, based on the date coverage actually attaches. The premium quotes above are good for 60 days from the date on the cover letter. EXHIBIT First Amendment to Deposit Escrow Agreement, and Change Order No. 3; and Second Amendment to Deposit Escrow Agreement, and Decrease Penalty Rider (aka Change Order No. 4) -4- 1072939.02 FIRST AMENDMENT TO DEPOSIT ESCROW AGREEM)NT THIS FIRST AMENDMENT TO DEPOSIT ESCROW AGREEI'WNT made this - Delaware Corporation (hereinafter referred to as the Developer") and Title America Agency Corporation (hereinafter referred to as the 'Escrow Agent") WBJiIOAS, the Developer and the Escrow Agent entered into a certain Deposit Escrow Agreement dated July 25, 2003, which was amended by a certain-Deposit Escrow Agreement Rider dated July 1, 2004 (collectively, hereinafter referred to as the "Deposit Escrow Agreement") pursuant to the Regulations issued pursuant to the Planned Real Estate Development Full Disclosure Act of the State of New Jersey (l'tJ.S.A. 45:22A21 et seq. and NJ.A.C. 5:26-1.1 et seq.) relative to the release of deposits or money paid under a contract or agreement WHEREAS, in The Village Grande at Little Mill; The Grande at Rancocas Creek Townhoxnes; The Village Grande at Kings Woods; The Grande at Kings Woods, a Condominium; The Village Grande at English Mill; The Village Grande at Camelot; and The Plaza Giande at Garden State Park (collectively, referred to herein as the "Developments") are subject to the bond coverage discussed in the Down Payment Bond. WffEREA.S, the Deposit Escrow Agreement references the Down Payment Bond. of Fidelity and Deposit Company of Maryland, as amended, in the amount of $4,000,000.00; WHEREAS, the Down Payment Bond has been further amended by Change Rider No.3 dated January 4, 2008 to decrease the bond amount to $1,000 j000.00; and WIrERIIAS, the Developer wishes to amend the Deposit Escrow Agreement to reflect the amount of the Down Payment Bond amount as .$1000,000.00, and such other terms in Change Rider No.3 to the Down Payment Bond. 1075072.01 the parties hereto hereby agree asfollows: NOW, T}DREEOR1L, 1. Attached to and made apart of this First Amendment to Escrow Agreement is Fidelity 2. As of January 4, 2008, The Village Grande at Little Mill; The Grande at Rancocas Creek Towithomes; The Village (3mncle at Kings Woods; and The Grande at Kings Woods, a Condominium are deleted from the Developments subject to the Down Payment Bond, as amended. 3. As of January 4, 2008, The Village Grande at English Miii; The Village Grande at Camelot; and The Grande at Garden State Park shall be the only developments Plaza for which the Down Payment Bond, as amended, affords coverage; 4. The Developer represents that the deposits or money paid under a contract or agreement in the Developments do not exceed the amount $1,000,000.00. Except as amended by this First Amendment to Escrow Agreement, the tenus of the Escrow Agreement shall remain as stated. IN WITNESS WJJERJIOP, the parties hereto have set their hands arid seals to this First Amendment to the Escrow Agreement the date above stated. WITNESS: TITLE AMERICA.AGENCY, CORP., Escrow Agent WITNESS: D.R. IIORTON, INC. —NEW JERSEY _____By______ P1 r*.hdt Aktüic-, S'n v A4 1075072.01 FIDELITY AND DEPOSIT COMPANY OF MARYLAND CHANGE RIDER NO. 3 DR Horton, Inc. - New Jersey Issued to (Principal): Type of Bond Down Payment Bond dated 23rd the day of July, 2003, and issued by Fidelity. and Deposit Company of Maryland in the penal sum of Four Million and 001100 ($4,000,000.00) and in favor of (Obligee) Title America Agency Corp In consideration of the agreed premium charged for this bond, it is understood and agreed That Fidelity and Deposit Company of Maryland consents that effective* the 2nd day of January, 2008 said bond .'shall be amended as follows (see the revised UA$* Exhibit attached) (1) Delete the following protects from-the bond, The Village Grande a.t Little Mill, Egg Harbor Township, Atlantic County, New Jersey " The Village Grande at Rancocas Creek Townhomes, Deiran Township, Burlington County, New Jersey • The Village Grande at Kings Woods, West Deptford Township, Gloucester Counj, New Jersey • The Grande Kings Woods, a Condominium, West Deptford Township, Gloucester County, New Jersey (2) Decrease the bond amOunt of the bond: FROM: Four Million and 001100 Dollars ($4,000,000.00) BY:. Three Million and 001100 Dollars ($3,000,000.00 TO: One Million and 001100 Dollars ($1,000..000.00) Provided. however .that the attached bond shall be subject to,. all its agreements, limitations and conditions except herein expressly modified, and further that the liability of the Surety under the attached bond and the bond as amended by this rider shall not be cumulative. Signed, sealed and dated this 4th day of January. 2008 DR Horton, Inc. - New Jersey Br- Fidelity and Deposit Company of Maryland • M.L. Gray, Attorr(e)n.-Fact - do Willis of Florida 3000 Bayport Dr., Ste. 300 • Tampa, FL 33607 . Inquiries: (613) 281-2095 W • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KN9W ALL MEN BY PRESENTS: That the FIDELIT'! AND DEPOSIT COMPANY OF MARYLAND, a THESE Vice President, and GERALD P HALEY As taut Secretary ....Corporation of the State of Maryland, byM. P HAMMOND I art set forth onthe in pinanance of authority granted by Article VI Section 2, of the By-Laws of said C any and appoint James W. DUNN, David B. 61U1,Carol EL EEL 4RAZ Margaret A. °lMtjent and Attorney-in- GINEM Linda BORN and Denise TAYLOR, all of Tarn Iri ,, ap4 ç M: any and all bonds and Fact, to nuke, executes seal and deliver, for, and onX k&etj, W'8ib prflts, shall be as binding upon said undertakings, and the execution of sucqr duly executed and acknowledged by the Company, as fully and amVI Md., in their own proper persons. This power of attorney regularly elected o AmatL M.L revokes that issued of 'id H. CARB., CAItDINALE, GRAY, Paunch L Margare U3ikOiN, Denise TA?LOI, dated March 6,2007. MORGAN, The said Assistant er'itddoes hereby certify that the eulxact net forth on the xevce side hereof is a tree copy of Autiole VI, Section2, of the By-Laws of said Company, and is nowin three. , The said Vice-Prnident and AsIstnuut Secretary have hereunto strbsciibed their names IN WIThIISS WHEREOF* and - affiuted the Corporate Seal of the said FIDELITY A.OD DEPOSIT COMPANY OFMARYLINt), this 101h day of August Al). 2007. ATIBST: FIDELIIY AND DEPOSIT COMPANY OF MARYLAND Le. • Gerald F. Ltalay Assistant Sacreiay M P. Hammond Vicr President State of Maryland 1 City of Baltimore 5 On this 10th day of August, A.D. 2007, before-the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M P HAMMOND Vice President and GERALD P HALEY, Assistant Secretary of the FIDELITY ANti DEPOSIT COMPANY OF MARYLAND, Co rue personally known to be the individuals and officers described metal who executed the preceding narmnirnent, and they each acknowledged the execution of the seine and being by me duly sworn, severally and each for himself deposeth and saith, that they are, the said officers of the Company aforesaid, and that thç seal axed to the preceding instrunIM is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as auth officers were duly affixed and subscribed to the said instrument by the authority and direction of time said Corporation. IN ThSTh4ONY WBEP.EOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. IDe.iznis R. Hayden 1'Jotamy Public My Commission Expires: February 1, 009 POA-F 01-3190 SECOND AMENDMENT TO DEPOSIT ESCROW AGREEMENT THIS SECOND. AMENDMENT TO DEPOSIT ESCROW AG1tZMENT made this 12o 2009, by and between D R. Horton, Inc. — New Jeiey Delaware Corporation (hereinafter referred to as the "Developer") and Title America Agency Corporation (hereinafter referred to as the "Escrow Agent") WXTNESS)&Tfl VERAS, the Developer and the Escrow Agent entered into a cettain Deposit Escrow Agreement dated July 25, 2003, which was amended by a certam First Amendment to Deposit Escrow Agreement dated January 7, 200$ (collectively, hereinafter referred to as the "Deposit Escrow Agreement") pursuant to the Regulations issued pursuant to the Planned Real Estate Development Full Disclosure Act of the State of New Jersey (N 1.5 A 45-22A-21 et seq. and N.J AC 526-1.1 at seq.) relative to the release of deposits or money paid under a contract or agreement, WRAS. The Village Gmiide at English Mill; The Village (3rande at Camelot; and The Plaza Grande at Garden State Park (collectively, re1iued to herein as the "Developments") are currently the only developments subject to the bond coverage discussed in the Down Payment Bond, WHEREAS, the Deposit Escrow Agreement references the Down Payment Bond of Fidelity and Deposit Company of Maryland, as amended, in the amount of $1,000,000 00, WHEREAS, the Down Payment Bond has been further amended by Decrease Penalty Rider (aka Change Rider No 4) dated December 12, 2008 to decrease the bond amount to $400,000.00; arid WHEREAS, the Developer wishes to amend the Deposit Escrow Agreement to reflect the amount of the Down Payment Bond amount as $400,000.00, and such other tenns in Decrease Penalty Rider (aka dha±ige Rider No. 4) to the Down Payment Bond. NOW, THEREFORE, the parties hereto hereby agree as follows I. Attached to and made a part of this Second Amendment to Escrow Agreement is - Fidelity and Deposit Company of Maryland Decrease Penalty Rider (aka Change Rider No. 4) dated December 12, 2008, 2. As of December 12, 2008, The Village Grands at English Mill; The Village Grande at Camelot and The Plaza (3rande at Garden State Park shall be the only developments for which the Down Payment Bond, as amended, affords coverage, 3 The Developer represents that the deposits or money paid under .a. contract or agreement in the. Developments do not exceed tha amount $400,000.00. Except as amended by this First Amendment to Escrow Agreement, the terms of the Escrow Agreement shall remain as stated IN WFINESS W EREO1 the parties hereto have set their hands and seals to this Amendment to the Escrow Agreement the date tibove stated. WITNESS TITLE AMERiCA AGENCY, CORP, Escrow Agent WITNESS I) R. flORTON, INC —NEW JERSEY itiie7 hi r4Jf/ 1075072.01 (J' OLIA Decrease PENALTY RIDER BOND AMOUNT $1,000,000.00 BOND NO. 08714206 PREIMIUM $15,000.00 Töe Töhn a 1t oTBI of y, 2(103, executed by Fidehty and Deposit Company of Maryland as surety, on hehall of Horton, Inc New Jersey as current pnncipal of record, and in ta'vor of Title America Agency -Corp, as Obligee, and in the amount of One l%1llion Doflnrs and 00/100 ($1,000,000.09). In consideration of the agreed premium charged for this bond, it is understood and agreed that Fidelity and Deposit Company of Maryland hereby cousaits that effective from the 12' day of December,2008. said bond shall be amended as follows THE BOND PENALTY SHALL BE Decreased: ]PROM: One Miiiiou Dollars and 00/100 ($1,000,000.00) TO: Four Hundred Thousand Dollars and 0010 ($400,000.00) The Decrease of said bond penally shall be effective as of the da of December-, and does hereby agree that the U11 continuity of protection under said bond subject to change - in penalty shall, not be impaired hereby, provided that the aggregate liability of the above mentioned bond shaU jot exceed the- amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 12th day of December, / lXLtHorton Inc. -New.Jersev PRINCAL: BY: ru' and DeDositComnany of Maryland Fidelity and BY: ;eQ Linda )aorn, Attorney-in-Fact WO WILLIS FiftH 3000 BAYPORT DRIVE.. #300 TAMPA. Ft.. 3350? INQUIRIES (8i3)281-2095 KNOW. ALL MEN BY IBESE PRESENTS: That the PIDELfl'( AND DEPOSIT COMPANY OF MARYLAND, a • corporation of the State of Maryland,, by FRANK E. MARTIN, Vice President, and ERIC D. BARNES, Assistant Secretaiy, in puisuance of authority granted by Article VI, Section 2, of the By-Laws of said uy, which are setforth on Margaret constitute and appoint JawesW. IUNN, David H.. CARR, Carol H 4ttE*B[flE1 A. ..tJNEM, Linda HORN and Denise TAYLOR, all of .Ta ma and Attorneyin- and all bonds and Fact, to make, execute, seal and deliver, for, and on Jfl?et1 any undertakings, 9- presents, shall be as binding upon said and the execution of sucç 4 W1se lIaal,enn duly executed arid adcnowledged by the Company, as fully and arnpt1t ii regularly elected of 1tiore M&, in their own proper persons. This power of attorney Cbpava1 i SUhjiavid IL GA1R, Carol IL }TIiRMES, /inett CAIWINAU3, ML GRAY, revokes that isucdof Margaret A. GEMri R Ithse TAYLOR, dated August 10; 2007. The said Assistant t.Etii!y copy Sect!oxi2, of The does hereby certify that the extract set forth on the 1everse side hereof is a tare of Article .V1 By-Laws of said Conipairy, and is now in farce. • .. IN WITNESS WHEREOF, the saidVice-?residerr! and Assistant Secretary have hereunto nibscxThcd their names and • affixed the Corporate Seal of the said FB)EL1Y AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of March, AD. 2008. ATTEST: 'FIDELITY AND DEPOSIT COMPANY OF MARYLAND • . ' •• •.•. • B Eric D. Barnes FrunkE Martin Jr. Vice President Assistant Secreta,y State of Maryland City ofBaltitnore f • On this 3rd day of March, AD. 2008; before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANC B. MARTIN JR.., Vice Pmsideat, and ERIC D BARNES, Assist" Secretary of the FIDELflY AND DEPOSIT COMPANY OF MARYLAND, to we pemsonaflylorown to be the individuals and officera described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for bioaselfdqoseth and eaith, That they are the said officers of the Company aforesaid, and that the seal affixed to the pieeoding instinment is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria Z). Adamskr Notay Public My Commission Expires: July 8, 2011 POA-F 031-3190 k.4 BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND EXTRACT FROM "Article VI, Section 2. The Chairman of the goard, or the President, or any Executive Vic President, or any of the Senior the Executive Committee, Vice-Presidents or Vice-Presidents specially authorIzed so to do by the Board of Directors or by shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents., Assistant Vice Presidents and Attorneys-rn-Pact at the business of the Company may require, or to polities contracts, agreements, deeds, and releases and assnments of judgements, decrees, mortgages and mstnlmeuts in the nature of mortgages,.and to -affix seal of The Company thereto" the CERTIFICATE .1, the undersigned, Assistant Secretary of the PTDELTTYAND DEPOSIT COMPANY OF MAR'LAD, do hereby certify That the foregoing Power of Attorney is still in full fprce and effect on The date of this certificate; and do further certify tlmt the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Pact as provided in Article VI, Section 2, of the By-Laws of the FIDELfl'Y AND DEPOSIT COMPANY OF MARYLAND. This Pocr of Attorney and Certificete may be signed by fuoshulle under and by authority of the fbllawing resolution of th e Board of J)lreciors of the.FIDELUY.AMD DPPOSIT COMPANY OP MALA3D at a meeting duly called and held on the IOth day ofMay, 1996. RESOLVED: That the facsimile or mechanically reproduced seal of the company and facsimile or mecbanica]ly reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the tompany, whether suede 1erctofore or liercaflet, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and ellect as though manually aThxe&" IN TESTIMONY WHEREOF, I have hereunto subschlted soy nanic arid affixed the claporate sea] the said Company, of 12th Denen2ier -, 2008 thIs day of A.a 7. At A&rrnzdSecreasry