HomeMy WebLinkAbout2011-09-13; Housing & Redevelopment Commission; Resolution 512EXHIBIT 3
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RESOLUTION NO. 512
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A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
3 COMMISSION OF THE CITY OF CARLSBAD, APPROVING THE
AGREEMENT WITH THE SAN DIEGO COUNTY WATER
4 AUTHORITY MEMORIALIZING CERTAIN UNERSTANDINGS
AND ESTABLISHING A FRAMEWORK FOR COOPERATION
5 REGARDING THE PROPOSED CARLSBAD SEAWATER
DESALINATION PROJECT
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7 WHEREAS, on October 19, 2004 the CMWD Board executed a Water Purchase
Agreement (WPA) with Poseidon Resources; and
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WHEREAS, the City performed the required CEQA approvals and certified the
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Environmental Impact Report (EIR) for the project on June 13, 2006 and approved an
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Addendum to the certified EIR on September 15, 2009; and
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WHEREAS, the City entered into an Amended and Restated Development
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Agreement with Poseidon executed by the City on October 5, 2009, addressing certain
15 benefits to be derived from the project; and
16 WHEREAS, SDCWA and Poseidon began having discussions about a new
17 arrangement, wherein SDCWA would purchase all of the proposed project's product
18 water; and
19 WHEREAS, at its July 22, 2010 meeting, the SDCWA Board approved a Term
20 Sheet outlining general terms between SDCWA and Poseidon; and
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WHEREAS, in addition to the general terms contained within the Term Sheet,
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there is a provision that the SDCWA may acquire the desalination facility at any time23
after ten years of commercial operation; and
25 WHEREAS, in order to preserve the numerous benefits that had been provided
26 to Carlsbad in the Water Purchase Agreement, Development Agreement and related
27 City permits, approvals and agreements, City/CMWD staff began conversations with
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1 SDCWA to develop an agreement that will protect the interests of the citizens and rate
2 payers of Carlsbad; and
3 NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment
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Commission of the City of Carlsbad, California, as follows that:
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1. The above recitations are true and correct.
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2. That the Housing and Redevelopment Commission approves the
8 "Agreement Memorializing Certain Understandings and Establishing a
9 Framework for Cooperation Regarding a Desalination Project located
10 within the City of Carlsbad", hereinafter referred to as the "Agreement"
11 with San Diego County Water Authority ("CWA"). The executive director is
12 authorized to execute it provided Attachment "A" to the agreement is
13 approved as to form by the general counsel, the Agreement is fully
14 executed by CWA and, Poseidon and CMWD have entered into a legally
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binding agreement establishing the terms under which the parties would
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rescind the Water Purchase Agreement between them.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad Housing and Redevelopment Commission, Carlsbad City Council and
Carlsbad Municipal Water District Board of Directors held on the 13th day of September
2011, by the following vote to wit:
AYES: Commission Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
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MATT ftALL, Chairman
ATTEST:
\lSA HILDABRAND, Secretary
(SEAL)
r o / ESTABLISHED '
\ 1A 1970 .
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