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HomeMy WebLinkAbout2012-03-13; Municipal Water District; Resolution 14391 RESOLUTION NO. 1439 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE CARLSBAD MUNICIPAL WATER DISTRICT, CITY OF CARLSBAD AND POSEIDON 5 RESOURCES (CHANNELSIDE), LP 24 25 26 27 28 WHEREAS, more than ten years ago city officials took a leadership position in working with Poseidon Resources to develop a desalination project in Carlsbad; and 6 7 8 ^ WHEREAS, the Carlsbad Municipal Water District, a subsidiary district of the City 10 of Carlsbad, was the first water agency in San Diego County to negotiate a contract with 11 Poseidon Resources to purchase water from the project; and 12 WHEREAS, due to financial considerations and the regional nature of this 1^ important local water supply, Poseidon Resources in now in discussions with the San Diego County Water Authority (SDCWA) on a possible new water purchase agreement; and WHEREAS, since June 2002, CMWD contracted with several third party consultants with expertise in various disciplines relating to desalinated water. The Consultants' fees paid for by CMWD in connection with the Carlsbad Water Purchase 14 15 16 17 18 19 20 Agreement equaled $560,000; and 21 WHEREAS, Poseidon has agreed to reimburse CMWD for such third party 22 consultants' costs within one year after the Project commences commercial operations 23 which shall be the date upon which Poseidon first sells any water to the Water Authority or other person or entity; and WHEREAS, by entering into this Agreement, Poseidon and the District agree that the Carlsbad Water Purchase Agreement shall terminate and no longer have any force 1 and effect upon approval of the SDCWA Water Purchase Agreement by the SDCWA 2 Board of Directors. ^ NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board ofthe City of Carlsbad, California, as follows that: 1. The above recitations are true and correct. 2. The Carlsbad Municipal Water District Board of Directors approve the Reimbursement Agreement between the Municipal Water District, the City of 9 Carlsbad and Poseidon Resources (Channelside), LP. 10 3. That the Executive Director is authorized to execute the Reimbursement 11 agreement. 12 13 14 15 16 17 18 19 // 22 23 24 25 26 27 28 20 // 21 // // // // // // 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 Joint Special Meeting of the Carlsbad Municipal Water District Board of Directors and the Carlsbad City Council, held on the 13*^ day of March, 2012, by the following vote: AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. MATT HALL, President ATTEST: (SEAL) INE M. WOOD, Secretary ^^'""iZ^