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HomeMy WebLinkAbout2006-11-21; Municipal Water District; Resolution 1282EXHIBIT 1 1 RESOLUTION NO. 1282 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL 3 WATER DISTRICT (CMWD), APPROVING A THIRD AMENDMENT TO THE WATER 4 PURCHASE AGREEMENT DATED SEPTEMBER 28, 2004 5 6 WHEREAS, the Board of Directors of the Carlsbad Municipal Water District 7 approved a Water Purchase Agreement (Agreement) with Poseidon Resources 8 (Channelside) LLC to purchase from Poseidon up to 25 million gallons of water per day 9 (MGD) of product water, subject to the terms, conditions and arrangements included in 10 the Agreement; and 11 12 WHEREAS, the completion of certain events was required by September 28, 13 2006 by the terms and conditions of section 2.3.1 of the Agreement; and 14 WHEREAS, if the events described in section 2.3.1 were not completed by 15 September 28, 2006, either party could exercise its right to terminate the Agreement; 16 and 17 WHEREAS, both parties agreed to an extension deadline of November 30, 2006; 18 and 19 WHEREAS, both parties desire an additional extension of the deadline 20 established in section 2.3.1 of the Agreement to allow the completion of negotiations 21 regarding certain events described in section 2.3.1. 22 23 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the 24 Carlsbad Municipal Water District, as follows: 25 1. That the above recitations are true and correct. 26 2. That the Board of the Carlsbad Municipal Water District hereby authorize 27 the Chairman of the Board to execute the Third Amendment./// •? 28 -5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 21st day of, November, 2006, by the following vote: AYES: Board Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: LORfeAINE M. WOOD, Secretary' (SEAL)