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WHEREAS, the Agreement provides for the construction of a solar facility on Township owned property and the Lease payments to the Township of Jackson during the term of said Agreement; and
WHEREAS, HESP Solar, LLC has requested the Township now execute an Estoppel Certificate, a copy of which is attached hereto as Exhibit A, which Estoppel Agreement authorizes an assignment of the Contract between Jackson Township and HESP, LLC to Jackson Legler Solar One, LLC, in order to accommodate investor financing with the new entity to be an indirect subsidiary of Greenbacker Renewable Energy Corporation; and
WHEREAS, the Township of Jackson authorized this proposal in 2016 and is awaiting its first payments with respect to same; and
WHEREAS, it appears that the date which triggers the Lease payments has now arrived; and
WHEREAS, it is in the best interest in the Township of Jackson to authorize the execution of said Estoppel Certificate so as to commence said monthly payments and energize the solar facility in question.
NOW, THEREFORE, BE IT RESOLVED, this 28th day of September, 2021, by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows:
The Mayor and Township Clerk be and they are hereby authorized to execute any and all documents necessary in order to implement the intent of this Resolution including the execution of said Estoppel Certificate attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the following:
HESP Solar, LLC;
Gregory P. McGuckin, Township Attorney;
Janice Kisty, RMC, Township Clerk;
Terence Wall, Township Administrator.
JANICE KISTY, R.M.C.
DATED: 9-28-2021 TOWNSHIP CLERK
BILLS AND CLAIMS:
MOTION TO APPROVE BILLS AND CLAIMS BY: SAUICKIE
MOTION SECONDED BY: FLEMMING
YES: BORRELLI, SAUICKIE, FLEMMING, KERN
ABSENT: CHISHOLM
ABSTAIN: BORRELLI (DEL 01, EYE 01, NJS04, and RUT04)
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