COUNTY OF DOÑA ANA STATE OF NEW MEXICO NOTICE OF ADOPTION OF ORDINANCE

COUNTY OF DOÑA ANA STATE OF NEW MEXICO NOTICE OF ADOPTION OF ORDINANCE NOTICE IS HEREBY GIVEN of the title and of a general summary of the subject matter of an ordinance, duly adopted and approved by the Board of County Commissioners of the County of Doña Ana, State of New Mexico (the "County") on October 14, 2025. Complete copies of the Ordinance are available for public inspection during the normal and regular business hours of the County Clerk, Doña Ana County Government Center, 845 N. Motel Blvd., Las Cruces, New Mexico. AN ORDINANCE APPROVING AN ECONOMIC DEVELOPMENT PROJECT FOR RED CHILES A, LLC, A DELAWARE LIMITED LIABILITY COMPANY, RED CHILES B, LLC, A DELAWARE LIMITED LIABILITY COMPANY, RED CHILES C, LLC, A DELAWARE LIMITED LIABILITY COMPANY, RED CHILES D, LLC, A DELAWARE LIMITED LIABILITY COMPANY (COLLECTIVELY, AND TOGETHER WITH THEIR SUCCESSORS, ASSIGNS AND AFFILIATES, "RED CHILES") AND YUCCA GROWTH INFRASTRUCTURE, LLC, A DELAWARE LIMITED LIABILITY COMPANY (TOGETHER WITH ITS SUCCESSORS, ASSIGNS AND AFFILIATES, "YUCCA GROWTH" AND TOGETHER WITH RED CHILES, THE "COMPANIES") PURSUANT TO THE LOCAL ECONOMIC DEVELOPMENT ACT AND THE DOÑA ANA COUNTY ECONOMIC DEVELOPMENT PLAN; APPROVING ECONOMIC ASSISTANCE TO THE COMPANIES FOR A PORTION OF THE COSTS, IN THE FORM OF A WAIVER OF CERTAIN BUILDING PERMIT FEES, OF THE ACQUISITION, CONSTRUCTION, AND IMPROVEMENT OF (I) A POWER GENERATION, BATTERY STORAGE AND MICROGRID FACILITY AND (II) FOUR DATA CENTER FACILITIES TO BE LOCATED IN DOÑA ANA COUNTY, NEW MEXICO (THE "COUNTY"); AUTHORIZING THE EXECUTION OF A PROJECT PARTICIPATION AGREEMENT AMONG THE COMPANIES AND THE COUNTY (THE "AGREEMENT") TO PROVIDE THE APPROVED ECONOMIC ASSISTANCE TO THE COMPANIES; MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATING TO THE PROJECT; RATIFYING CERTAIN ACTIONS TAKEN PREVIOUSLY; AND REPEALING ALL ACTIONS INCONSISTENT WITH THIS ORDINANCE. The title sets forth a general summary of the subject matter contained in the Ordinance. October 17 2025 LACO0390148