DATE: December 3, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Reclamation Agreement, Escrow Agreement, and Easement for the Luna Valley Solar 1, LLC, photovoltaic solar generation and battery storage project
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 Luna Valley Solar 1, LLC the project applicant (Applicant), to implement project mitigation measures and specific conditions of approval placed on Unclassified Conditional Use Permit (CUP) No. 3671 for a solar photovoltaic electricity generating and battery storage facility (the Project), encompassing approximately 1,287.23 acres, generally located on the west side of State Route 33 (S. Derrick Avenue), between the W. South Avenue and W. Dinuba Avenue; bisected by W. Manning Avenue, and approximately nine miles south of the City of Mendota;
2. If your Board approves Recommended Action 1 above, approve and authorize the Chairman to execute the Escrow Agreement with the Applicant and Citibank, N.A., located in New York, as the Escrow Agent to accept a cash deposit of $8,506,305.40 as the Applicant's initial security to the County for the Reclamation Agreement, which initial security may be phased in two installments, 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);
3. Authorize the 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) (the Revised Form of Sight Draft) and/or any revised Certificate as to Authorized Signatures-County of Fresno (Exhibit A-2 to th...
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