HomeMy WebLinkAbout2010-01-26; Municipal Water District; Resolution 1385RESOLUTION NO. 1385
A RESOLUTION OF THE BOARD OF DIRECTORS OF
CARLSBAD MUNICIPAL WATER DISTRICT (CMWD),
RATIFYING THE EIGHTH AMENDMENT TO THE WATER
PURCHASE AGREEMENT DATED SEPTEMBER 28,2004
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District
(CMWD) approved a Water Purchase Agreement (Agreement) with Poseidon
Resources, LLC to purchase from Poseidon up to 25 million gallons of water per day of
product water, subject to the terms, conditions and arrangements included in the
Agreement; and
WHEREAS, on a number of occasions the CMWD Board has approved
extensions by prior amendments to the Agreement and both parties have agreed to
those amendments; and
WHEREAS, said amendment will enhance the ability of both parties to achieve
success in their common goal of delivering desalinated water to the customers of the
Carlsbad Municipal Water District in a time and manner consistent with the intent of the
original Agreement; and
WHEREAS, CMWD staff and Poseidon Resources staff have completed
negotiations on an eighth amendment to the Agreement that has been approved by the
Executive Manager of CMWD, that now requires ratification by the CMWD Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Board of the Carlsbad Municipal Water District hereby ratifies the
Eight Amendment to the Water Purchase Agreement as previously signed
by the Executive Manager.
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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 January, 2010, by the following vote to wit:
AYES: Board Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
LORRAINE M. WOOD, Secretary
(SEAL) ^
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