FILED: TOMPKINS COUNTY CLERK 10/27/2017 03:33 PM NYSCEF DOC. NO. 10 INDEX NO. EF2017-0241 RECEIVED NYSCEF: 10/27/2017 CI2017-22891 Index # : EF2017-0241 EXHIBIT H CI2017-22891 FILED: TOMPKINS COUNTY CLERK 10/27/2017 03:33 PM NYSCEF DOC. NO. 10 IndexNO. #: EF2017-0241 INDEX EF2017-0241 RECEIVED NYSCEF: 10/27/2017 GUTTMAN & REITER ATTORNEYS AT LAW 411 North Tioga Street Ithaca, New York 14850 PH: 607.272.2102 FAX: 607.272.2350 www.guttmanandreiter.com Service of papers by fax or email not accepted. CHARLES GUTTMAN ELIZABETH A. REITER DAVID A. TYLER, of Counsel Patricia Kannus, Paralegal Debra Hines, Paralegal Nancy Pochily, Paralegal Lori Warfield, Paralegal March 3, 2017 Sent via email to: bthibodeau@dynamicenergyusa.com Brett Thibodeau Dynamic Energy Solutions, LLC. 1550 Liberty Ridge Drive, Suite 310 Wayne, Pennsylvania 19087 Sent via email to: Mperillo@dynamicenergyusa.com Michael Perillo Dynamic Energy Solutions, LLC. 1550 Liberty Ridge Drive, Suite 310 Wayne, Pennsylvania 19087 RE: Scott Pinney – Property at 2150 Dryden Road, Dryden, New York Dear Mr. Thibodeau and Mr. Perillo: I have been contacted by Scott Pinney. Mr. Pinney is the owner of a parcel of land known as 2150 Dryden Road, Dryden, New York, County of Tompkins. On or about June 23, 2016, Mr. Pinney signed a Site Lease Option Agreement with your company pursuant to which he granted you an option to acquire solar rights on an approximately fifteen (15) acre parcel within the larger tax map parcel. The fifteen (15) acres were to be described in an attachment. Mr. Pinney has provided me with his file in this matter. There is no attachment to the Site Lease Option Agreement showing which fifteen (15) acres will be leased. I am therefore uncertain whether there ever was an attachment verifying which fifteen (15) acres the option was to apply to. CI2017-22891 FILED: TOMPKINS COUNTY CLERK 10/27/2017 03:33 PM NYSCEF DOC. NO. 10 IndexNO. #: EF2017-0241 INDEX EF2017-0241 RECEIVED NYSCEF: 10/27/2017 The Site Lease Option Agreement also states that if you exercise the option, the parties will enter into a Site Lease and/or such other documents as the parties reasonably deem appropriate to secure to you solar rights on this parcel. While the Site Lease Option Agreement set forth the basic financial terms, there does not appear to have been any detailed agreement as to what would be the terms of the site lease. March 7, 2017 Page Two The Site Lease Option Agreement had an effective date of June 15, 2016. I’m advised that Mr. Pinney has not received anything further from you with regard to this property since then and is uncertain whether you have any continuing interest in this property. Mr. Pinney has been advised that, assuming the Site Lease Option Agreement is effective,it would run for eighteen (18) months from June 15, 2016, and potentially for an additional six (6) months thereafter. At this time Mr. Pinney does not wish to have this property encumbered in this manner and would like to terminate the Site Lease Option Agreement. My understanding is that Dynamic Energy Solutions paid Mr. Pinney One Thousand Dollars ($1,000.00) as an initial payment. Mr. Pinney appreciates that quite a few months have gone by and nothing has been followed up on this but believes, that since he is the one who wishes to terminate the Site Lease Option Agreement at this time, that the One Thousand Dollars ($1,000.00) should be refunded. Accordingly, I am enclosing a check payable to Dynamic Energy Solutions, LLC in the amount of One Thousand Dollars ($1,000.00). to me. If you have questions or comments about this matter, please don’t hesitate to get back Very truly yours, s/CHARLES GUTTMAN, ESQ. Charles Guttman, Esq. Enclosure-noted CG/pk Cc: Scott Pinney