Loading...
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. 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 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) ^ 3