Approve and authorize Chairman to execute a 35-year Battery Storage Project Reclamation Agreement (Reclamation Agreement), including Reclamation Plan, Exhibit A thereto, with Key Energy Storage, LLC, Project Applicant (Applicant), to implement project mitigation measures and specific conditions of approval placed on Unclassified Conditional Use Permit (UCUP) No. 3734 for a battery storage facility (the Project) encompassing approximately 160 acres, generally located on south side of W. Jayne Avenue, between Interstate 5 and S. Lassen Avenue (State Route 269), and approximately 3.8 miles southwest of City of Huron, in unincorporated Fresno County; if your Board approves Recommended Action 1 above, approve and authorize Chairman to execute the Escrow Agreement with Applicant and Citibank, N.A., as Escrow Agent to accept a cash deposit of $4,026,724 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 transaction of all types for escrow account established under Escrow Agreement (each, a County Representative); authorize Director of Public Works and Planning (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) (Revised Form of Sight Draft) and/or any revised Certificate as to Authorized Signatures-County of Fresno (Exhibit A-2 to Escrow Agreement) Revised Form of Authorized Signatures, as applicable, to Escrow Agent with respect to any County Representatives 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; 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 grant of limited access easement (form of which is attached as Exhibit C to Reclamation Agreement) to County from owners 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 June 23, 2025

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