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<br />DES:djg-c 2/17/84 <br /> <br />the Diamond Shamrock/CJICO Agreement will not affect adversely <br /> <br />Diamond Shamrock's requirements for treatment capacity for its <br /> <br />industrial activities conducted upon its said lands. <br /> <br />4. CONSENT. This Council hereby consents to the sale by <br /> <br />Diamond Shamrock to CJICO pursuant to the Diamond Shamrock/CJICO <br /> <br />Agreement of non-grant eligible capacity rights in the amount of <br /> <br />.04752 mgd (or 47,520 gallons per day of wastewater volume), 119 <br /> <br />lbs/day BOD 5, and 119 lbs/day TSS subject to the following <br /> <br />conditions: <br /> <br />(a) The treatment capacity rights conveyed pursuant to the <br />Diamond Shamrock/CJICO Agreement shall be and hereby are <br />allocated to, and shall be used solely for, the benefit <br />of the Subject Lands and shall provide sewage treatment <br />for development thereof consistent with that certain <br />planned development permit No. PD 10309-3 as approved by <br />the Council of the City of Redwood City on January 10, <br />1984 following appeal of the decision of the Planning <br />Commission of the City of Redwood City, which approval by <br />the City Council is evidenced by Minute Order No. 84-1. <br /> <br />(b) In accordance with the provisions of paragraph 3(c) of <br />the City/Diamond Shamrock Agreement, upon connection or <br />connections of the Subject Lands to the sanitary sewerage <br />collection system of the City, all right, title, interest <br />in and to, and ownership of, the capacity rights conveyed <br />under the Diamond Shamrock/CJICO Agreement shall, as <br />separate such rights, be extinguished, and the right of <br />CJICO, or its successors or assigns, to use such sanitary <br />sewerage capacity shall be no different than that of any <br />other similarly situated user of the City's sanitary <br />sewerage system irrespective of the funding of such <br />sanitary sewerage treatment capacity, and all rights, <br />title, interest, and ownership in and to such capacity <br />rights shall be deemed merged with all such rights, <br />title, interest, and ownership of the City, and the <br />capacity rights so merged shall become a part of the <br />total allocation of capacity rights to the City. <br /> <br />(c) Connection of the Subject Lands or any portion thereof, <br />to the City's sanitary sewerage collection system and use <br />of the treatment capacity rights conveyed under the <br /> <br />4 <br />