9-14-21 Notice of Public Hearing AE-Manorville 2, LLC

09/02/21

Application
CBA
Mins

NOTICE IS HEREBY GIVEN that due to the ongoing public health crisis caused by the Novel Coronavirus (COVID-19) and pursuant to Chapter 417 of the laws of 2021, effective September 2, 2021 through January 15, 2022, permitting local governments to hold public hearings by telephone and video conference and/or similar device, the Public Hearing scheduled for September 14, 2021, at 10:30 a.m., local time, being held by the Town of Brookhaven Industrial Development Agency (the “Agency”), in accordance with the provisions of Article 18-A of the New York General Municipal Law will be held electronically via video conference call instead of a public hearing open for the public to attend.  Members of the public may listen to the Public Hearing, and comment on the Project (defined below) and the benefits to be granted by the Agency to the Company (defined below) during the Public Hearing, by logging in as follows: https://us02web.zoom.us/j/88956180239?pwd=Z3hibld6cmpMdUlRd0U3ZnRPOTFaZz09 Passcode: 455757.  Comments may also be submitted to the Issuer in writing or electronically. Minutes of the Public Hearing will be transcribed and posted on the Agency’s website, all in connection with the following matters:

Agilitas Energy LLC, a Delaware limited liability company, on behalf of itself and/or the principals of Agilitas Energy LLC, and the equity investors in and any tax credit investors in Agilitas Energy LLC and/or an entity formed or to be formed on behalf of any of the foregoing (collectively, the “Developer”), and AE-Manorville 2, LLC, a Delaware limited liability company, on behalf of itself and/or the principals of AE-Manorville 2, LLC and/or an entity formed or to be formed on behalf of any of the foregoing (collectively, the “Company”), have applied to the Agency, to enter into a transaction in which the Agency will assist in the acquisition of a long term ground leasehold interest in an approximately 2.357 acre parcel of land located at 2 Paper Mill Road, Manorville, New York 11949 (more particularly described as Suffolk County Tax Map No. 0200-592.00-01.00-001.001) (the “Land”), owned by the Town of Brookhaven (the “Town”), the construction of an approximately 853 kW DC solar photovoltaic array thereon (the “Improvements”), and the acquisition and installation of certain equipment and personal property therein including, but not limited to a solar photovoltaic array including solar modules and mounting equipment, and battery energy storage system equipment  (the “Equipment”; and together with the Land and the Improvements, the “Facility”), which Facility will be sub-subleased, subleased and leased by the Agency to the Company and used by the Company as a solar power generating facility and energy storage project, which will generate revenue for the Town and help stabilize the energy supply for residents of the Town (collectively, the “Project”). The Facility will be initially owned, operated and/or managed by the Company.  

The Agency will acquire a subleasehold interest in the Land, a leasehold interest in the Improvements and title to or a leasehold interest in the Equipment and will sub-sublease, sublease and lease the Facility to the Company. The Agency contemplates that it will provide financial assistance to the Company in the form of exemptions from mortgage recording taxes in connection with the financing or any subsequent refinancing of the Facility, exemptions from sales and use taxes and abatement of real property taxes, consistent with the policies of the Agency.

A representative of the Agency will, at the above-stated time and place, hear and accept written comments from all persons with views in favor of or opposed to either the proposed financial assistance to the Company or the location or nature of the Facility. Prior to the hearing, all persons will have the opportunity to review on the Agency’s website (https://brookhavenida.org/), the application for financial assistance filed by the Company with the Agency and an analysis of the costs and benefits of the proposed Facility.

Dated: September 4, 2021
TOWN OF BROOKHAVEN INDUSTRIAL DEVELOPMENT AGENCY
By: Lisa MG Mulligan
Title: Chief Executive Officer

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