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HomeMy WebLinkAboutRES 2001-11 - Board rF� Public Util Ity District sue. Resolution No. 2001=11 Approving agreement with U. S. Bank National Association to issue an irrevocable standby letter of credit to Idaho Power Company WHEREAS,the District entered into a purchased power contract with Idaho Power Company on July 1, 1997 to purchase firm capacity and energy for the Truckee community, and WHEREAS, the District has adopted three subsequent amendments to the purchase power contract which modify the terms of the original contract and extend the term of the contract,and WHEREAS, due to the fact that amendment number three extends the current purchase power agreement with Idaho Power Company until December 31,2009,and includes a substantial price increase over the previous amendments, Idaho Power Company has required that the District provide them with an irrevocable standby letter of credit to provide them with additional security in the event of a default under the terms of the contract; and WHEREAS, the District has arranged with U.S. Bank to provide such an irrevocable standby letter of credit, and WHEREAS, as a condition of providing the letter of credit, U.S. Bank requires that the District enter into a reimbursement agreement and execute the following documents 1)Application and Agreement for Standby Letter of Credit, 2) Standby Letter of Credit Term Sheet, 3) Reimbursement Agreement for Standby Letter of Credit 4) Schedule 1 — Authorization Reimbursement Agreement for Standby Letter of Credit and 5) Exhibit A— Promissory Note, and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors as follows: 1. The Board finds that the terms of said agreement are in the best interests of the District for the issuance of an Irrevocable Standby Letter of Credit for the benefit of Idaho Power Company. 2. The Board hereby directs its legal counsel to review the agreement and negotiate appropriate modifications to said agreement with both U.S. Bank and Idaho Power Company so as to assure compliance with state law and local statutory law, prior to execution of the agreement by those persons so authorized by the District for such purposes. 3. The Board designates and confirms the Board President to execute and deliver the agreement and any related documents necessary for the consummation of the .. transactions contemplated by the agreement. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the second day of May, 2001 by the following roll call vote: AYES: Aguera, Hemig, Sutton, Van Gundy and Maass. NOES: None. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT a �sA. Maass, President ATTEST V Peter L. Holzmeister, 15istrict Clerk