Approve and authorize Chairman to execute a 35-year Solar Project Reclamation Agreement (Reclamation Agreement), including Reclamation Plan, Exhibit A thereto, with RPCA Solar 8, LLC the project applicant (Applicant), to implement project mitigation measures and specific conditions of approval placed on Unclassified Conditional Use Permit No. 3764 for a solar photovoltaic electricity generating facility (the Project), encompassing approximately 39.8-acres of a 56.70-acre parcel, located at the northwest corner of W. Althea Avenue and N. Russell Avenue, approximately 9.17-miles west from City of Firebaugh; and if your Board approves Recommended Action 1 above, approve and authorize Chairman to execute Escrow Agreement with Applicant and United Security Bank, located in Fresno, as Escrow Agent to accept a cash deposit of $678,550.00 as Applicant’s initial security to County for Reclamation Agreement, and to identify County’s initially designated representatives who are authorized on behalf of County to initiate and approve transactions of all types for escrow account established under Escrow Agreement (each, a County Representative); and authorize Director to give any notice on behalf of County, under Escrow Agreement, including providing any revised form of Sight Draft (Exhibit A-1 to 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 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 case may be; and authorize each County Representative who may be identified by Director in any notice given to 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 form of Revised Form of Authorized Signatures, and to provide any of their identifying information, including any updated or corrected information, as case may be; and authorize Director, following your Board’s approval of Recommended Action 1, to accept a grant of limited access easement to County from owner of property upon which Project will be situated for purposes of any Reclamation (defined in Reclamation Agreement) by County including its contractors, officers, agents, employees, and representatives, if and to extent County elects to do so

Agenda Item Approved Introduced October 25, 2024

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