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<br />DF.S:djg-c 2/17/84 <br /> <br />(g) In the event that CJICO, for any reason whatsoever, does <br />not use the Treatment Capacity Rights, or any portion <br />thereof, sold and conveyed pursuant to the Diamond <br />Shamrock/CJICO Agreement, CJICO shall notify the City <br />thereof in writing. In such event, and in the further <br />event that CJICO proposes to reconvey said Treatment <br />Capacity Rights to Diamond Shamrock, CJICO shall first <br />apply to the City for its consent thereto. <br /> <br />(h) The conditions herein specified, and all the terms and <br />conditions of this resolution, shall be, and the same <br />hereby are, binding upon, and inure to the benefit of. <br />the successors and assigns of Diamond Shamrock, CJICO, <br />and the City. <br /> <br />(i) The conditions herein specified, and all the terms and <br />conditions of this resolution, shall, and the same hereby <br />do, attach to and run with the Subject Lands. <br /> <br />5. This resolution shall be effective upon its adoption and <br /> <br />shall be operative upon the execution by Diamond Shamrock and CJICO <br /> <br />of the acknowledgement and agreement of each of said parties to the <br /> <br />terms and conditions hereof. <br /> <br />6. This Council hereby finds and determines that the Subject <br /> <br />Lands herein described are the same "Subject Lands" as described in <br /> <br />Resolution No. 8759 hereinafter referenced, pursuant to which <br /> <br />resolution this Council conditionally consented to a proposed <br /> <br />sale of treatment capacity rights under an agreement by and <br /> <br />between Diamond Shamrock and BAS Homes, Inc., a California <br /> <br />corporation, but the said treatment capacity thereunder sold was <br /> <br />not used by said BAS Homes, Inc. with respect to the Subject <br /> <br />Lands or otherwise, and thereby reverted, or remain available, <br /> <br />to Diamond for disposition pursuant to the City/Diamond Shamrock <br /> <br />Agreement; NOW, THEREFORE, in consideration of the foregoing, <br /> <br />Resolution No. 8759 entitled "Resolution Conditionally Consenting <br /> <br />6 <br />