Notice of Public hearing - Orbit Bloom Change in Ownership

05/27/20

CBA

NOTICE IS HEREBY GIVEN due to the Novel Coronavirus (COVID-19) Emergency State and Federal bans on large meetings or gatherings and pursuant to Governor Cuomo’s Executive Order 202.1 issued on March 12, 2020, as amended by Executive Order 202.14, issued on April 7, 2020, suspending the Open Meetings Law, and Executive Order 202.15 issued on April 9, 2020 permitting local governments to hold public hearings by telephone and video conference and/or similar device, the Public Hearing scheduled for June 8, 2020, at 10:00 a.m., local time, to be 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 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) during the Public Hearing, by calling (712) 770-5505 and entering access code 884-124. Comments may also be submitted to the Agency 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:

The Agency previously provided assistance to Orbit Bloom Energy, LLC, a Delaware limited liability company authorized to transact business in the State of New York (the “Company”), in the acquisition of a ground leasehold interest in an approximately 1.5 acre portion of land located at 3601 Horseblock Road, Medford, New York 11763 (more particularly described as Suffolk County Tax Map No. 0200-738.00-02.00-p/o 003.001) (the “Land”), and the construction of an approximately 5,000 square foot, 6.0 MW fuel cell power plant thereon (the “Improvements”), and the acquisition and installation of certain equipment and personal property (the “Equipment”; and together with the Land and the Improvements, the “Facility”), which Facility will be sub-subleased and subleased by the Agency to the Company and used by the Company to supply clean energy to the residents of the Town of Brookhaven (collectively, the “Project”).

DG Fuel Cell, LLC, a Delaware limited liability company, on behalf of itself and/or the principals of DG Fuel Cell, LLC and/or an entity formed or to be formed on behalf of any of the foregoing (collectively, “DG Fuel Cell”), has now applied to the Agency for the Agency’s consent to the acquisition by DG Fuel Cell of up to one hundred percent (100%) of the equity interests in the Company. The Company will remain lessee of the Project from the Agency. It is anticipated that the Company and Bloom Energy Corporation will enter into a long term Operations and Maintenance Agreement, whereby Bloom Energy Corporation will operate and maintain the Project.

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 the acquisition of the Company and the Facility by DG Fuel Cell. 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 DG Fuel Cell with the Agency and an analysis of the costs and benefits of the Facility.

Dated: May 28, 2020

TOWN OF BROOKHAVEN INDUSTRIAL DEVELOPMENT AGENCY

By: Lisa MG Mulligan

Title: Chief Executive Officer

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