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<br />--. <br />r. ."" <br /> <br />RESOLUTION OF <br />ORCHARD MESA IRRIGATION DISTRICT <br /> <br />The undersigned, being a majarity af the directars of the Orchard Mesa Irrigatian District <br />("OMID") at a special baard meeting held Octaber 29, 1996, at which a quarum af directars is <br />present, cansent to., adapt and vate in favar afthe fallawing resalutian: <br /> <br />RECITALS <br /> <br />A. OMID has determined that it will benefit landawners within its service area to. <br />place the Mutual Mesa Lateral sectian af its delivery system, which is currently apen ditch, in <br />clased pipe (referred to. belaw as the "Mutual Mesa Project"). <br /> <br />B. By Resalution afthis Baard dated Octaber 3, 1996, OMID formed the Mutual <br />Mesa Lateral Enterprise ("MMLE"), a water activity enterprise as defined at CR.S. SS 37-45. 1- <br />101 et seq., to. undertake the Mutual Mesa Project. <br /> <br />C. The Calarada Water Canservatian Baard ("CWCB") has agreed to. laan MMLE a <br />partian af the funds, up to. $871,800, necessary to. undertake tlle Mutual Mesa Project, subject to. <br />the terms and canditians af a Laan Cantract & Promissary Nate by and between the State af <br />Calarada, OMID, and MMLE (the "La an Cantract"), an unsigned capy afwhich is attached to. <br />this Resalutian and incarparated here by reference. While no. funds will be laaned to. OMID, the <br />Laan Cantract impases certain duties and abligatians an OMID. <br /> <br />D. OMID and MMLE have agreed to. the terms and canditians under which MMLE <br />will undertake the Mutual Mesa Project an OMID's behalf, and have reduced that understanding <br />to. a written can tract (the "Project Agreement"). an unsigned capy af which is attached to. this <br />Resalutian and incarparated here by reference. <br /> <br />E. After an apen bid process, OMID has negatiated an agreement with Mendez <br />Canstructian to. perfarm necessary canstructian an the Mutual Mesa Project (the "Cantractor <br />Agreement"). a capy af which is attached to. this Resalutian and incarparated here by reference. <br />Because MMLE has agreed to. undertake the Mutual Mesa Praject and retain all cantractars <br />necessary to. canstruct the Mutual Mesa Project, OMID desires to. assign all af its rights to. enter <br />into. and perform the Contractor Agreement to. MMLE. <br /> <br />F. Pursuant to. the Laan Cantract, MMLE must establish a Certificate afDepasit <br />accaunt in the amaunt af $50,370.02 and assign the Certificate o.f Depo.sit to. the State af <br />Calarada. Pursuant to. the Project Agreement. as additianal campensation far the duties and <br />abligatians undertaken by MMLE pursuant to. that agreement, OMID is required to. laan MMLE <br />the amaunt necessary to. establish the required Certificate af Depasit. <br />