The revised contract for the sale of Daly Field from Radburn to Landmark L.L.C. includes new provisions in the event of an eminent domain ruling and waivers for two of Radburn's architectural guidelines, according to a copy of the contract obtained by Patch.

On Monday night, the nine-member Radburn Association Board of Trustees will vote on whether to approve the restated agreement. The full contract can be viewed in the .PDF file attached to this story.

Since Landmark and Radburn signed the original contract in 2004, local grassroots groups and the Fair Lawn Borough Council–in an attempt to keep 5.7-acre Daly Field green–have taken a stance against Landmark's plans to build an affordable housing development on the Radburn-owned field (located at the intersection of Plaza Road, Berdan Avenue and Route 208) and the adjacent Landmark-owned property known as the Hayward Parcel.

One new part of the contract states that Radburn must join Landmark in the legal defense of any condemnation–meaning an eminent domain proceeding instituted by a governmental authority to acquire Daly Field. Landmark acknowledged in the contract that Fair Lawn has threatened to condemn Daly Field and has "adopted ordinances authorizing such condemnation."

Also in the event of a condemnation, Radburn will receive the first $3.5 million of the condemnation award (the compensation the government gives for the property), and the remainder of the award–if it exceeds $3.5 million–will be disbursed 50 percent to Landmark and 50 percent to Radburn, the contract says.

Radburn will receive $3.75 million for the sale of Daly Field, according to the contract, which is the same amount Radburn was set to receive under the original agreement.

The contract states that Landmark's development plan will not comply with two of  the Radburn Association Guidelines of Architectural Control for the planned community, including article 9.13A, which states that "On-site parking in residential areas shall accommodate at least two vehicles. Garage space is included in determining the capacity of on-site parking. Vehicles shall be parked only upon driveways or in garages."

Landmark's plan also won't comply with article 10.1B of the architectural guidelines, which stipulates that: "All dwelling units, including detached or Attached Houses or Row Houses, shall be required to have at least two orientations to the exterior of the dwelling units. The side of a dwelling unit that faces roads, vehicular access, driveways or parking areas should be the 'service' orientation, where enclosed garages, mud rooms and kitchens are located; the orientation which faces public or private open space, such as gardens, walkways and parks, shall be the 'living' orientation, where living–or family–rooms, porches, patios, decks, and bedrooms are located. Direct access shall be provided to such open space from such living space."

Another new element of the contract is a statement that the number of units in Landmark's development cannot be less than 165 without Landmark's consent. Additionally, the contract lays out new details for a park on Archery Plaza, which is located partially north of the Hayward Parcel, behind the former Topps site. The property will contain an "internal park," according to the contract, and all of Archery Plaza, including the park, will still be owned by Radburn after the sale.

Landmark is responsible for the cost of all "site improvements" to the park, and is agreeing to grant Radburn residents access to the park and to keep the park open during the construction of the development, while ensuring that the park is "free of construction equipment and materials," the contract states.