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RESOLUTION AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT AND RELEASE WITH 930 POWER PARTNERS, LLC, EMERGENCE CHURCH, INC., AND 930 NORTH RIVERVIEW DRIVE CONDOMINIUM ASSOCIATION, INC., CONCERNING THE PHOTOVOLTAIC SYSTEM AT 930 NORTH RIVERVIEW DRIVE IN THE BOROUGH OF TOTOWA, PURSUANT TO N.J.S.A. 40:20-1.
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WHEREAS, the County of Passaic (hereafter "County") is a body politic and corporate pursuant to N.J.S.A. 40:18-1 and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1 the Board of County Commissioners of the County of Passaic (hereafter "Board") is vested with managing the property, finances, and affairs of the County; and
WHEREAS, the County owns various units within the 930 North Riverview Drive Condominium Association, Inc., and through those units operate offices for the Department of Health Services and Department of Senior Services; and
WHEREAS, as a member of 930 North Riverview Drive Condominium Association, Inc., the County is a party to a solar panel lease agreement pursuant to which the County received electric power generated by the photovoltaic system installed at the property located at 930 North Riverview Drive in the Borough of Totowa, which system is currently owned by 930 Power Partners, LLC; and
WHEREAS, a dispute arose among 930 Power Partners LLC, and various members of 930 North Riverview Drive Condominium Association, Inc. concerning their respective obligations as they relate to the system; and
WHEREAS, the Parties have negotiated a Settlement Agreement and Release dated July 31, 2026 (hereafter "Agreement"), attached to and made part of this Resolution, to resolve the dispute; and
WHEREAS, under the Agreement, Emergence Church and 930 North Riverview Drive Condominium Association, Inc., will pay 930 Power Partners, LLC, a total of ninety thousand dollars ($90,000.00), and in exchange, the solar panel agreement with 930 Power Partners LLC, will be terminated; and
WHEREAS, the County is not obligated to make any of the settlement payments under the Agreement in any way; and
WHEREAS, County Counsel is recommending that the Board approve the Agreement and authorize its execution on behalf of the County; and
WHEREAS, this matter was discussed at the September 9, 2026 meeting of the Administration and Finance Committee and is being recommended to the Board for approval.
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40:20-1, that the Passaic County Board of County Commissioners hereby approves the Settlement Agreement and Release between the County of Passaic, 930 Power Partners, LLC, and various members of 930 North Riverview Drive Condominium Association, Inc. concerning the photovoltaic system located at 930 North Riverview Drive in the Borough of Totowa, in the form attached hereto.
LET IT BE FURTHER RESOLVED, that the Director of the Board, County Counsel, and the Clerk to the Board are authorized to execute the Agreement on behalf of the County, together with any other documents necessary to effectuate the settlement, subject to the review and approval of County Counsel.
KJB October 13, 2026