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HomeMy WebLinkAbout2009-06-02; Municipal Water District; Resolution 1356EXHIBIT 1 1 RESOLUTION NO. 1356 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL 3 WATER DISTRICT (CMWD), RATIFYING THE SEVENTH AMENDMENT TO THE 4 WATER PURCHASE AGREEMENT DATED SEPTEMBER 28, 2004 5 6 j WHEREAS, the Board of Directors of the Carlsbad Municipal Water District g (CMWD) approved a Water Purchase Agreement (Agreement) with Poseidon 9 Resources (Channelside) LLC to purchase from Poseidon up to 25 million gallons of 10 water per day (MGD) of product water, subject to the terms, conditions and 11 arrangements included in the Agreement; and 12 WHEREAS, by prior amendments to the Agreement, the deadline for completion 13 of certain actions described in section 2.3.1 of the Agreement has been extended to 14 April 1, 2009; and 15 WHEREAS, both parties agreed to the prior amendments to the Agreement; and WHEREAS, the CMWD staff and the Poseidon Resources (Channelside) LLC 18 staff have completed negotiations on a seventh amendment to the Agreement that has 19 been approved by the Executive Manager of CMWD, that now requires ratification by 20 the CMWD Board; and 21 WHEREAS, said amendments will enhance the ability of both parties to achieve 22 success in their common goal of delivering desalinated water to the customers of the 23 Carlsbad Municipal Water District in a time and manner consistent with the intent of the 24 original Agreement; 25 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the 26 Carlsbad Municipal Water District, as follows:27 28 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 1. That the above recitations are true and correct. 2. That the Board of the Carlsbad Municipal Water District hereby ratifies the Seventh Amendment to the Water Purchase Agreement as previously signed by the Executive Manager. PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District of the City of Carlsbad on the 2nd day of June , 200?, by the following vote: AYES: B©frd Members Lewis, Kulcbin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. / xj6Cjtt^ _ORRAI)NE M. W0QD, SECRETARY$*•