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File #: 23-0915    Name: First Amendment to the Reclamation Agreement with RE Scarlet LLC, CUP No. 3555
In control: Public Works & Planning
On agenda: 8/22/2023 Final action: 8/22/2023
Enactment date: Enactment #: Agreement No. 23-435, Agreement No. 23-436
Title: 1. Approve and authorize Chairman to execute approve and execute the First Amendment to Reclamation Agreement and together with the Second Addendum to Reclamation Plan, Exhibit A-1 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, as part of the second phase of a multiphase solar energy project which is located in the unincorporated area of Fresno County, approximately 3.5 miles west-southwest of the community of Tranquility, 6.5 miles east of Interstate 5 (I-5); and 2. Approve and authorize execution by Chairman of the First Amendment to Escrow Agreement with the Applicant and United Security Bank, as the Escrow Agent to accept a cash deposit of $9,004,541.74 as the Applicant's security to the County for the First Ame...
Attachments: 1. Agenda Item, 2. Agreement A-23-435 First Amendment to Solar Project Reclamation Agreement, 3. Agreement A-23-436 First Amendment to Escrow Agreement
DATE: August 22, 2023

TO: Board of Supervisors

SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning

SUBJECT: First Amendment to the 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 Chairman to execute approve and execute the First Amendment to Reclamation Agreement and together with the Second Addendum to Reclamation Plan, Exhibit A-1 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, as part of the second phase of a multiphase solar energy project which is located in the unincorporated area of Fresno County, approximately 3.5 miles west-southwest of the community of Tranquility, 6.5 miles east of Interstate 5 (I-5); and

2. Approve and authorize execution by Chairman of the First Amendment to Escrow Agreement with the Applicant and United Security Bank, as the Escrow Agent to accept a cash deposit of $9,004,541.74 as the Applicant's security to the County for the First Amendment to Reclamation Agreement; and

3. Authorize Director of Public Works and Planning, following your Board's approval of Recommended Action 1, to accept a grant of limited access easement to the County from the Applicant, Exhibit C-3 of the First Amendment to the Reclamation Agreement thereto.

REPORT
On September 9th, 2021, the Planning Commission approved CUP No. 3555 for the Project and certified Environmental Impact Report (EIR) No. 7230 for a 400-megawatt (MW) solar photovoltaic...

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