DATE: January 6, 2026
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Reclamation Agreement, Escrow Agreement, and Limited Access Easement for the Midway BESS and Panoche BESS projects.
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize the Chairman to execute a 35-year Reclamation Agreement, including the reclamation plan, Exhibit A thereto, with CalPeak Power Panoche, LLC and Midway BESS, LLC, the 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. The project sites are located on the 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
2. If your Board approves Recommended Action 1 above, approve and authorize the Chairman to execute the Escrow Agreement with United Security Bank, as the Escrow Agent to accept a cash deposit of $1,768,731.95 as the Applicant's initial security to the County for the 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
3. Authorize the 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) (the Revised Form of Authorized Signatures), as applicable, to the Escrow Agent w...
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