DATE: August 23, 2022
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Reclamation Agreement with RE Scarlet, LLC, and related Escrow Agreement and easements, to implement Project Mitigation Measures and Conditions of Approval of Unclassified Conditional Use Permit No. 3555 which permit the development, operation, and reclamation of a solar energy collection and storage facility.
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize the Chairman to execute a 35-year Solar Project Reclamation Agreement (Reclamation Agreement), including the Reclamation Plan, Exhibit A thereto, with RE Scarlet, LLC, the project applicant (Applicant), to implement project mitigation measures and specific conditions of approval placed on Unclassified Conditional Use Permit (CUP) No. 3555 for a solar photovoltaic electricity generating and energy storage facility, encompassing approximately 2,070 acres, which is the first phase of a multiphase solar energy project;
2. Approve an unexecuted form of an Escrow Agreement with the Applicant and United Security Bank, located in Fresno, as the Escrow Agent to accept a cash deposit of $1,437,246.00 as the Applicant's initial security to the County for the Reclamation Agreement, and to identify the County's 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, initially, a County Representative, and each subsequently, a Replacement County Representative, as the case may be);
3. Authorize the Director of the Department of Public Works and Planning (the Director) to approve and execute the Escrow Agreement following your Board's approval of Recommended Action 1;
4. Authorize the Director to give any notice on behalf of the County, under the Escrow Agreement, including but not limited to providing any revised form of Sight Draft (Exhibit A-1...
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