Approve and authorize Chairman to execute a 35-year Reclamation Agreement, including reclamation plan, Exhibit A thereto, with CalPeak Power Panoche, LLC and Midway BESS, LLC, project applicants (collectively, the Applicant), to implement project mitigation measures and specific conditions of approval placed on Unclassified Conditional Use Permit (CUP) Nos. 3800 and 3801 for two Battery Energy Storage facilities (the Project) encompassing approximately 25.4 acres, project sites are located on south side of W. Panoche Road, approximately three-quarters of a mile from its intersection with S. Fairfax Avenue, and approximately twelve miles southwest of the City of Mendota in unincorporated Fresno County; and if your Board approves Recommended Action 1 above, approve and authorize the Chairman to execute Escrow Agreement with United Security Bank, as the Escrow Agent to accept a cash deposit of $1,768,731.95 as Applicant’s initial security to the County for Reclamation Agreement, 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); and authorize Director of Public Works and Planning (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) and/or any revised Certificate as to Authorized Signatures-County of Fresno (Exhibit A-2 to the Escrow Agreement) (Revised Form of Authorized Signatures), as applicable, to the 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 the case may be; and authorize each County Representative who may be identified by the Director in any notices 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 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 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 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 19, 2025

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