Approve and authorize Chairman to execute a 35-year Solar Project Reclamation Agreement (Reclamation Agreement), including Reclamation Plan, Exhibit A thereto, with Luna Valley Solar 1, LLC project applicant (Applicant), to implement project mitigation measures and specific conditions of approval placed on Unclassified Conditional Use Permit (CUP) No. 3671 for a solar photovoltaic electricity generating and battery storage facility (the Project), encompassing approximately 1,287.23 acres, generally located on the west side of State Route 33 (S. Derrick Avenue), between the W. South Avenue and W. Dinuba Avenue; bisected by W. Manning Avenue, and approximately nine miles south of the City of Mendota; if your Board approves Recommended Action 1 above, approve and authorize the Chairman to execute the Escrow Agreement with the Applicant and Citibank, N.A., located in New York, as the Escrow Agent to accept a cash deposit of $8,506,305.40 as the Applicant’s initial security to the County for the Reclamation Agreement, which initial security may be phased in two installments, and to identify the County’s initially designated representatives who are authorized on behalf of the County to initiate and approve transactions of all types for the escrow account established under the Escrow Agreement (each, a County Representative); authorize Director to give any notice on behalf of the County, under the Escrow Agreement, including providing any revised form of Sight Draft (Exhibit A-1 to the Escrow Agreement) (the Revised Form of Sight Draft) and/or any revised Certificate as to Authorized Signatures-County of Fresno (Exhibit A-2 to the Escrow Agreement) (the Revised Form of Authorized Signatures), as applicable, to the Escrow Agent with respect to any County Representative having a title change or erroneous signature, or to identify any replacement County Representative or any County Representative who has been replaced, as the case may be; authorize each County Representative who may be identified by the Director in any notice given to the Escrow Agent, and any related Revised Form of Sight Draft and/or Revised Form of Authorized Signatures, in Recommended Action 3, to execute any supplemental certificate substantially in the form of the Revised Form of Authorized Signatures, and to provide any of their identifying information, including any updated or corrected information, as the case may be; and authorize the Director, following your Board’s approval of Recommended Action 1, to accept the grant of limited access easement to the County from the owners of the property upon which the Project will be situated for purposes of any Reclamation (defined in the Reclamation Agreement) by the County including its contractors, officers, agents, employees, and representatives, if and to the extent the County elects to do so

Agenda Item Approved Introduced August 9, 2024

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