HomeMy WebLinkAbout2007-04-10; Municipal Water District; Resolution 1296EXHIBIT 1
1 RESOLUTION NO. 1296
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A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL
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WATER DISTRICT (CMWD), APPROVING A FIFTH AMENDMENT TO THE WATER
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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
9 (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
the Agreement; and
12 WHEREAS, by prior approval of the Second, Third and Fourth amendments to
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the Agreement, the deadline for completion of certain actions described in section 2.3.1
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of the Agreement has been extended to April 30, 2007; and
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WHEREAS, both parties agreed to the Second, Third and Fourth amendments to16
17 the Agreement on September 26, 2006, November 12, 2006 and January 23, 2007,
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19 WHEREAS, the Carlsbad Municipal Water District staff and the Poseidon
20 Resources (Channelside) LLC staff have completed negotiations on several
21 amendments to the Agreement that require approval of the Carlsbad Municipal Water
22 District Board; and
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WHEREAS, said amendments will enhance the ability of both parties to achieve
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success in their common goal of delivering desalinated water to the customers of the
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Carlsbad Municipal Water District in a time and manner consistent with the intent of the26
original Agreement;
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NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Carlsbad Municipal Water District, as follows
1 That the above recitations are true and correct.
2 That the Board of the Carlsbad Municipal Water District hereby authorize the
Chairman of the Board to execute the Fifth Amendment to the Agreement
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 10th
day of April 2007, by the following vote:
AYES' Board Members Lewis, Kulchin, Hall, Packard
NOES' None
ABSENT Board Member Nygaard
CLAUDE A LEWIS, President
ATTEST:
LORRAINE M. WOOD,
(SEAL) ' ^
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