OF PARL
CITY COUNCIL OF PARLIER
SPECIAL MEETING
This meeting of the City of Parlier City Council is live streamed and may be accessed at https://www.youtube.com/channel/UCJs3y/cM9NWQGLdwpBCmoAQ DATE: FRIDAY, JUNE 26, 2026
TIME: 5:30 PM
PLACE: Parlier City Hall
1100 E. Parlier Avenue
Parlier, CA 93648
CALL TO ORDER/WELCOME:
Roll Call: Mayor Alma M. Beltran, Mayor Pro temp Sabrina Rodriguez, Council member Juanita "Janie" Molina, Council member Diego Garza, Council member Cathryn "Kathy" Solorio, City Clerk Vacant and Treasurer Ismael Spindola.
FLAG SALUTE: Mayor Alma M. Beltran
INVOCATION:
ADDITIONS/DELETIONS:
REGULAR BUSINESS:
1. SUBJECT: Consideration and Necessary Action on Approving a Resolution to Approve a Site Control and Access Agreement with Dennis Balakian for the 60 acres of real property adjacent to the City's Wastewater Treatment Plant.
RECOMMENDATION: It is recommended that the Council approve the Resolution.
BRIEF COMMENTS: COUNCIL COMMUNICATIONS/COMMENTS:
CITY MANAGER:
CITY COUNCIL:
CITY ATTORNEY:
ADJOURNMENT
ADA NOTICE
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (559) 646-3545 ext. 227. Notification 48 hours prior to the meeting will enable the city to ensure accessibility to this meeting.
DOCUMENTS
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the front counter at City Hall located at 1100 East Parlier Avenue, Parlier, CA during normal business hours. In addition, most documents are posted on the city's website at www.parlier.ca.us.
SITE CONTROL AND ACCESS AGREEMENT
City of Parlier - Dennis Balakian | 60-Acre Property Adjacent to Wastewater Treatment Plant _SITE CONTROL AND ACCESS AGREEMENT
FOR THE 60-ACRE PROPERTY ADJACENT TO THE
CITY OF PARLIER WASTEWATER TREATMENT PLANT
This Site Control and Access Agreement (the "Agreement") is made and entered into as of the day of , 2026 (the "Effective Date"), by and between:
THE CITY OF PARLIER, a California municipal corporation (hereinafter "City"); and DENNIS BALAKIAN, an individual (hereinafter "Developer").
City and Developer are sometimes referred to individually as a "Party" and collectively as the "Parties."
RECITALS
A. The City owns or controls approximately sixty (60) acres of real property located adjacent to the City's Wastewater Treatment Plant in the City of Parlier, County of Fresno, State of California (the "Property"). The precise legal description and boundaries of the Property are set forth on Exhibit A attached hereto and incorporated herein by this reference.
B. The Parties desire to explore the potential development, installation, and operation of a solar photovoltaic and energy storage system (the "Project") on the Property. The Project is intended to support the City's goals of energy cost management, grid resiliency, and environmental sustainability. A description of the project is set forth in Exhibit B.
C. To enable Developer to conduct thorough due diligence, the City is willing to grant Developer exclusive site control and access rights to the Property on the terms and conditions set forth in this Agreement.
D. The Parties acknowledge that this Agreement provides Developer with the site control necessary to evaluate the Property and advance preliminary activities, while preserving the right of either Party to terminate the arrangement and restore the Property if the Project does not proceed to full development by December 31, 2026.
NOW, THEREFORE, in consideration of the mutual covenants, representations, and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings set forth below:
"Property" means the approximately 60-acre parcel of real property owned or controlled by the City and located adjacent to the City of Parlier Wastewater Treatment Plant, as more particularly described in Exhibit A
"Project" means a solar photovoltaic electric generating facility, which may include battery energy storage systems, inverters, racking and mounting structures, foundations, electrical collection and interconnection infrastructure, access roads, and all related improvements, 01493.0001 2160443.1 CONFIDENTIAL - FOR DISCUSSION PURPOSES ONLY | Page 1 of 6 | Term expires December 31. 2026 unless extended
SITE CONTROL AND ACCESS AGREEMENT
City of Parlier - Dennis Balakian | 60-Acre Property Adjacent to Wastewater Treatment Plant equipment, and appurtenances to be developed, constructed, owned, and operated on the Property.
"Term" means the period during which this Agreement remains in full force and effect, as set forth in Section 4.
2. GRANT OF EXCLUSIVE SITE CONTROL AND ACCESS
2.1 Grant of Rights. The City hereby grants to Developer, and Developer hereby accepts, exclusive site control over the Property, together with a license to access, enter upon, and use the Property, during the Term of this Agreement, solely for the purposes and activities permitted under Section 3. This grant is made for the purpose of enabling Developer to perform due diligence and preliminary development activities in furtherance of the Project.
2.2 Exclusivity. During the Term, the City shall not grant any rights to access, use, or control the Property to any third party for purposes competitive with or similar to the Project, nor shall the City itself undertake any activities that would materially interfere with Developer's rights hereunder, without Developer's prior written consent.
2.3 Assignment. Developer may assign this Agreement or any rights or obligations hereunder, in whole or in part, to an affiliate, a project-specific limited liability company, a lender, tax equity investor, or other financing party, upon written notice to the City whose consent (but without requiring City consent). Any other assignment shall require the prior written consent of the City, which shall not be unreasonably withheld, conditioned, or delayed.
3. PERMITTED ACTIVITIES AND PURPOSES
During the Term, Developer may use and access the Property for any and all of the following activities, at Developer's sole cost and risk:
(a) Comprehensive due diligence, including but not limited to boundary and topographic surveys, ALTA surveys, geotechnical borings and reports, environmental site assessments (Phase | and, if warranted, Phase I), biological and cultural resource studies, title examinations, appraisal work, and any other investigations reasonably necessary to determine the suitability of the Property for the Project. (b) Physical site preparation and construction commencement activities, including site clearing, grubbing, grading, excavation, installation of temporary access roads or staging areas, placement of foundations, piers, or equipment pads, erection of racking or suppor structures, and any other physical work reasonably required to advance the Project and maintain continuous development progress.
(c) All permitting, entitlement, and regulatory compliance activities with federal, state, and local agencies, including preparation and processing of CEQA documents, conditional use permits, building permits, interconnection applications, and any other approvals required for the Project.
(d) Design, engineering, procurement, and financing activities related to the Project, including site visits by prospective lenders, investors, contractors, and consultants. (e) Any other activities reasonably related to the evaluation, development, financing, construction, or operation of the Project.
Developer shall perform all work in a professional, workmanlike manner and in full compliance with all applicable laws, ordinances, codes, and regulations. Developer shall coordinate all major physical work with the City in advance, provide reasonable prior notice of on-site activities 01493.0001 2160443.1 CONFIDENTIAL - FOR DISCUSSION PURPOSES ONLY | Page 2 of 6 | Term expires December 31, 2026 unless extended
SITE CONTROL AND ACCESS AGREEMENT
City of Parlier - Dennis Balakian | 60-Acre Property Adjacent to Wastewater Treatment Plant that may affect City operations at the adjacent Wastewater Treatment Plant, and take all reasonable measures to avoid material interference with the City's ongoing municipal functions.
4. TERM, TERMINATION, AND RESTORATION
4.1 Term. This Agreement shall commence on the Effective Date and shall continue in full force and effect until the earliest of: (i) December 31, 2026 (the "Expiration Date"); (i) the date on which the Parties execute a formal development agreement, or other definitive agreement for the Project; or (iii) the date of earlier termination pursuant to Section 4.2.
4.2 Effect of Termination; Restoration Obligation. Upon termination or expiration of this Agreement, Developer shall, at Developer's sole cost and expense and within ninety (90) days following the termination date (or such longer period as the Parties may reasonably agree in writing):
(a) Remove from the Property all equipment, materials, temporary structures, construction debris, and personal property placed or caused to be placed on the Property by Developer or its contractors, agents, or invitees; (b) Restore the surface of the Property to substantially the same condition as existed immediately prior to the commencement of any physical work by Developer under this Agreement, reasonable wear and tear, acts of God, and natural deterioration excepted; and
(c) Leave in place any grading, access roads, foundations, or other permanent improvements that the City, in its sole discretion and by written notice to Developer within thirty (30) days after termination, elects to retain; such retained improvements shall become the sole property of the City without any compensation or reimbursement to Developer.
5. COSTS, EXPENSES, AND NO CITY FINANCIAL OBLIGATION
Developer shall bear and pay all costs and expenses of every kind associated with its activities under this Agreement, including without limitation costs of due diligence, surveys, environmental studies, design, engineering, permitting, physical work, materials, labor, insurance, legal fees, and restoration. The City shall have no obligation to contribute any funds, provide any financing, or incur any financial liability under or in connection with this Agreement, except for its own internal administrative costs of reviewing and administering this Agreement.
6. INDEMNIFICATION
6.1 Indemnification. Developer shall indemnify, defend (with counsel reasonably acceptable to the City), and hold harmless the City and its elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims, demands, actions, damages, losses, costs, and expenses (including reasonable attorneys' fees and litigation costs) arising out of or resulting from: (i) Developer's entry upon or use of the Property; (i) any activities conducted by or on behalf of Developer on or about the Property; (ili) any breach of this Agreement by Developer; or (iv) any injury to persons or damage to property occurring in connection with Developer's activities, except to the extent such claim arises from the City's gross negligence or willful misconduct. This indemnification obligation shall survive termination of this Agreement.
7. CITY REPRESENTATIONS AND WARRANTIES
01493.0001 2160443.1 CONFIDENTIAL - FOR DISCUSSION PURPOSES ONLY | Page 3 of 6 | Term expires December 31, 2026 unless extended
SITE CONTROL AND ACCESS AGREEMENT
City of Parlier - Dennis Balakian | 60-Acre Property Adjacent to Wastewater Treatment Plant The City represents and warrants to Developer that: (a) the City has full legal power and authority to enter into this Agreement and to grant the site control and access rights described herein; (b) the individual executing this Agreement on behalf of the City has been duly authorized to do so; and (c) to the City's actual knowledge, there are no existing leases, easements, encumbrances, or other agreements that would prevent or materially impair the grant of exclusive site control to Developer as contemplated by this Agreement, except as may be disclosed in writing to Developer prior to the Effective Date or as shown in the public records.
8. NO OBLIGATION TO PROCEED WITH FULL DEVELOPMENT
Except for the binding obligations expressly set forth in Sections 4 (Term, Termination, and Restoration), 5 (Costs), 6 (Insurance and Indemnification), 9 (Notices), 10 (Governing Law), and 11 (Miscellaneous), this Agreement constitutes a statement of the Parties' present intentions and does not create any binding obligation on either Party to execute a ground lease, power purchase agreement, EPC contract, or any other definitive agreement, or to proceed with construction or operation of the Project. Any future development of the Property shall be subject to good-faith negotiation and execution of one or more separate binding agreements containing terms and conditions mutually acceptable to the Parties in their respective sole discretions.
9. NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed duly given when: (a) delivered personally; (b) sent by certified or registered mail, return receipt requested, postage prepaid; (c) sent by overnight courier with tracking; or (d) sent by email with confirmation of receipt, addressed as follows:
If to City:
City of Parlier
Attn: City Manager
[City Hall Address, Parlier, CA 93648]
Email: [to be inserted]
If to Developer:
Dennis Balakian
[Address to be inserted]
Email: [to be inserted]
Either Party may change its address for notices by providing written notice of the new address to the other Party in accordance with this Section.
10. GOVERNING LAW AND VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of laws principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Fresno County, California, and each Party hereby consents to the personal jurisdiction and venue of such courts.
11. MISCELLANEOUS PROVISIONS
11.1 Entire Agreement. This Agreement, including Exhibit A, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, and agreements between the Parties relating thereto. 01493.0001 2160443.1 CONFIDENTIAL - FOR DISCUSSION PURPOSES ONLY | Page 4 of 6 | Term expires December 31. 2026 unless extended
SITE CONTROL AND ACCESS AGREEMENT
City of Parlier - Dennis Balakian | 60-Acre Property Adjacent to Wastewater Treatment Plant
11.2 Amendments. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by authorized representatives of both Parties.
11.3 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
11.4 Waiver. The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of such provision or the right to enforce it at a later time.
11.5 Counterparts; Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic or digital signatures (including DocuSign, Adobe Sign, or similar) shall be deemed original signatures for all purposes.
11.6 No Third-Party Beneficiaries. Except as expressly provided herein, nothing in this Agreement shall confer upon any person or entity other than the Parties any rights, remedies, obligations, or liabilities of any nature whatsoever.
11.7 Construction. The headings in this Agreement are for convenience only and shall not affect the interpretation of any provision. The words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation." IN WITNESS WHEREOF, the Parties have executed this Site Control and Access Agreement as of the Effective Date first written above.
CITY OF PARLIER
By:
Name:
Title: City Manager (or Designee)
Date:
DEVELOPER
DENNIS BALAKIAN
By:
Name: Dennis Balakian
Title: Developer / Individual
Date:
01493.0001 2160443.1 CONFIDENTIAL - FOR DISCUSSION PURPOSES ONLY | Page 5 of 6 | Term expires December 31. 2026 unless extended
SITE CONTROL AND ACCESS AGREEMENT
City of Parlier - Dennis Balakian | 60-Acre Property Adjacent to Wastewater Treatment Plant
EXHIBIT A
DESCRIPTION OF THE PROPERTY
under this Agreement.
EXHIBIT B
SOLAR AND BATTERY PROJECT DESCRIPTION
Key Project Features
• Capacity & Output: ~ 18.5 MWDC / ~14.8 MWAC using ~26,400 high-efficiency bifacial photovoltaic modules (700W each).
• Annual Production: Approximately 34 GWh - enough to power ~5,000 California homes. • Configuration: Four fixed-tilt south-facing arrays (25° tilt). Optional BESS for reliability and flexibility.
• Layout: Secured fencing, access roads, centralized electrical yard.
Proposed Solar Array Layout
MATERIAL/EQUIPMENT
LAYDONNARFA
30FT WALKWAY/DRIVEWAY GRAVEL ACCESS ROAD
3OFT ACCESS GATE
CONTROLS, TRANSFORMER,
INTERCONNECTION EQUIPMENT
8 FT TALL
CHAINLINK FENCE
01493.0001 2160443.1 CONFIDENTIAL - FOR DISCUSSION PURPOSES ONLY | Page 6 of 6 | Term expires December 31, 2026 unless extended
RESOLUTION NO. 2026-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARLIER
AUTHORIZING AN AGREEMENT FOR ACCESS TO SIXTY ACRES
ADJACENT TO THE WASTERWATER TREATMENT PLANT FOR
EXPLORATION OF POTENTIAL FOR DEVELOPMENT OF SOLAR
SYSTEM PROJECT
WHEREAS, the City of Parlier (City") owns or controls approximately sixty (60) acres of real property located adjacent to the City's Wastewater Treatment Plant in the City of Parlier, County of Fresno, State of California ("Property"); and WHEREAS, The City and developer Dennis Balakian ("Developer") (collectively the "Parties") desire to explore the potential development, installation, and operation of a solar photovoltaic and energy storage system on the Property, which is intended to support the City's goals of energy cost management, grid resiliency, and environmental sustainability.
WHEREAS, to enable Developer to conduct thorough due diligence for a possible project, the City is willing to grant Developer exclusive site control and access rights to the Property on the terms and conditions set forth in an agreement ("Agreement") attached hereto as Exhibit A; and
WHEREAS, this Resolution is not subject to the California Environmental Quality Act ("CEQA"), as there is no commitment to a specific course of action, and any future development on the Property would be subject to CEQA review; and WHEREAS, to the extent that this Resolution could be considered a "project" under CEQA, it is exempt from review pursuant to the Class 4 exemption (Minor Alterations to Land) in the CEQA Guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PARLIER DOES HEREBY RESOLVE AS FOLLOWS:
1. The foregoing Recitals are true and correct and are incorporated herein by this reference.
2. The City Council hereby authorizes the City Manager to execute the Agreement, and authorizes the City Clerk to file a Notice of Exemption under CEQA. ///
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01493.0001 2160451.1
PASSED, APPROVED and ADOPTED by the City Council of the City of Parlier at a regular meeting held on the 26th day of June 2026.
Alma Beltran
Mayor
ATTEST:
Bertha Escalera
City Clerk
APPROVED AS TO FORM:
Michael R. Linden
City Attorney
01493.0001 2160451.1