NOTICE OF PUBLIC HEARING

05/28/19

NOTICE IS HEREBY GIVEN that a public hearing pursuant to Article 18-A of the New York State General Municipal Law will be held by the Town of Brookhaven Industrial Development Agency (the “Agency”) on the 10th day of June, 2019, at 10:00 a.m. local time, at Town of Brookhaven Town Hall, 1 Independence Hill, Farmingville, New York 11738, in connection with the following matters:

The Agency previously provided its assistance to Pennysaver Solar, LLC, a Delaware limited liability company (the “Original Company”), in the acquisition of a long term ground leasehold interest in an approximately 6.4 acre portion of an approximately 70.0 acre parcel of land located at the parking lot of the Pennysaver Amphitheater, 55 Bicycle Path, Farmingville, New York 11738 (more particularly described as Suffolk County Tax Map No. 0200-571.00-03.00- 040.000 and 0200-572.00-01.00-001.000) (the “Land”), owned by the Town of Brookhaven (the “Town”), and the construction of an approximately 2,336.34 kW (23.3634 MW) DC solar photovoltaic electric generating carport facility thereon (the “Improvements”), and the equipping thereof, including, but not limited to, approximately eighteen (18) steel carport canopies, approximately 6,772 345W solar photovoltaic panels, approximately five (5) 500 kW inverters, transformer stations, switch gear equipment and other electrical equipment (collectively, the “Equipment”; and together with the Land and the Improvements, the “Facility”), which Facility is presently leased by the Agency to the Company to be used by the Company to provide solargenerated energy to the residents of the Town (the “Project”).

C2 NY Brookhaven, LLC, a Delaware limited liability company, on behalf of itself and/or the principals of C2 NY Brookhaven, LLC and/or an entity formed or to be formed on behalf of the foregoing (collectively, the “Company”) has submitted its application for financial assistance (the “Application”), to the Agency and requested the Agency’s consent to the assignment by the Original Company of all of its rights, title, interest and obligations under the Company Lease, dated as of April 1, 2019 (the “Company Lease”), and the Lease and Project Agreement, dated as of April 1, 2019 (the “Lease Agreement”), each by and between the Agency and the Original Company, and certain other agreements in connection with the Facility to the Company, and the assumption by the Company of all of such rights, title, interest and obligations of the Original Company, and the release of the Original Company from any future liability incurred after the date of the assignment with respect to the Facility subject to certain requirements of the Agency. The Facility was and continues to be initially owned, operated and/or managed by the Original Company, and after the assignment of the Company Lease and the Lease Agreement, the Facility will be initially owned, operated and/or managed by 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 continued 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. At the hearing, all persons will have the opportunity to review 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: May 28, 2019

TOWN OF BROOKHAVEN INDUSTRIAL

DEVELOPMENT AGENCY

By: Lisa MG Mulligan

Title: Chief Executive Officer

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