HomeMy WebLinkAbout2006-09-26; Municipal Water District; Resolution 1277EXHIBIT 1
1 RESOLUTION NO. 1277
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A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL
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WATER DISTRICT (CMWD), APPROVING A SECOND AMENDMENT TO THE
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WATER PURCHASE AGREEMENT DATED SEPTEMBER 28, 2004
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7 WHEREAS, the Board of Directors of the Carlsbad Municipal Water District
8 approved a Water Purchase Agreement (Agreement) with Poseidon Resources
(Channelside) LLC to purchase from Poseidon up to 25 million gallons of water per day
10 (MGD) of product water, subject to the terms, conditions and arrangements included in
11 the Agreement; and
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13 WHEREAS, the completion of certain events is required by September 28, 2006
14 by the terms and conditions of section 2.3.1 of the Agreement; and
WHEREAS, if the events described in section 2.3.1 are not completed by
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September 28, 2006, either party may exercise its right to terminate the Agreement; and
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WHEREAS, both parties desire to allow a short extension of the deadline
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established in section 2.3.1 of the Agreement to allow the completion of negotiations
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regarding completion of those certain events described in section 2.3.1.
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21 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
22 Carlsbad Municipal Water District, as follows:
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1. That the above recitations are true and correct.
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2. That the Board of the Carlsbad Municipal Water District hereby authorize
the Chairman of the Board to execute the Second Amendment.
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of
Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 26th
day of September, 2006, by the following vote:
AYES: Board Members Lewis, Hall, Kulchin, Packard Sigafoose
NOES: None
ABSENT: None
ATTEST:
Loiflvzfe;
LORRAINE M. WOOD, Secretary
(SEAL)