25-0432

Approve and authorize Chairman to execute Second Amendment to Project Reclamation Agreement (for Scarlet I and II), Reclamation Agreement for Scarlet III, and Reclamation Agreement for Scarlet IV (collectively, Reclamation Agreements), including reclamation plans, Exhibit A thereto, with RE Scarlet LLC, project applicant (Applicant), to implement project mitigation measures and specific conditions of approval placed on Unclassified Conditional Use Permit (CUP) Nos. 3789 - 3792 for a solar photovoltaic electricity generating and battery storage facility (the Project), encompassing approximately 2,070 acres, located approximately 3.5 miles west-southwest of community of Tranquility and approximately 6.5 miles east of Interstate 5 (I-5), with easements having already been accepted during a prior phase of this Project; if your Board approves Recommended Action 1 above, approve and authorize Chairman to execute a Second Amendment to Escrow Agreement (for Scarlet I and II) and to execute two new Escrow Agreements (for Scarlet III and IV) (collectively, Escrow Agreements) with Applicant and United Security Bank (USB), located in Fresno, as Escrow Agent to accept and hold a combined total cash deposit of $11,991,645.63 as Applicant’s initial security to County for Reclamation Agreements, and to identify County’s initially designated representatives (each, a County Representative) who are authorized on behalf of County to initiate and approve transactions of all types for escrow account established under Escrow Agreements; authorize Director of Public Works and Planning (Director) to give any notice on behalf of County, under Escrow Agreements, including providing any revised Form of Sight Draft (Exhibit A-1 to Escrow Agreement) (revised Form of Sight Draft) and/or any revised Certificate as to Authorized Signatures-County of Fresno (Exhibit A-2 to the Escrow Agreements) (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 the case may be

Agenda Item Approved Introduced April 16, 2025

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Committee: Public Works & Planning
Requested by: Public Works & Planning
Introduced: April 16, 2025
On agenda: June 10, 2025
Passed: June 10, 2025
Enactment no.: Agreement No. 25-241, Agreement No. 25-242, Agreement No. 25-243, Agreement No. 25-244, Agreement No. 25-245, Agreement No. 25-246