Laserfiche WebLink
<br />O.K. Agreement, there is no reasonable likelihood within the <br /> <br />foreseeable future that the capacity rights proposed to be sold <br /> <br />thereunder will be necessary for the use of, or with respect to, <br /> <br />the lands to which such capacity rights originally were allocated <br /> <br />under the City/Diamond Shamrock Agreement 1n that Diamond Shamrock <br /> <br />has constructed pre-treatment facilities, or will have constructed <br /> <br />such facilities, prior to the Operative Date of Authority's <br /> <br />Treatment Plant for the treatment of sewage emanating from Diamond's <br /> <br />said lands prior to disposition of such sewage in the City's <br /> <br />sanitary sewerage collection and transmission system; therefore, <br /> <br />the amount of non-grant eligible capacity allocated to Diamond <br /> <br />Shamrock's lands under the Diamond Shamrock/City Agreement is <br /> <br />no longer required in the amount specified in said Agreement <br /> <br />and the reduction thereof by reason of sale and conveyance <br /> <br />to O.K. of the amount specified in the Diamond Shamrock/O.K. <br /> <br />, <br /> <br />Agreement will not affect adversely Diamond Shamrock's requirements <br /> <br />for treatment capacity for its industrial activities conducted <br /> <br />upon its said lands. <br /> <br />4. CONSENT. This Council hereby consents to the sale by <br /> <br />Diamond Shamrock to D.K. pursuant to the Diamond Shamrock/D.K. <br /> <br />Agreement of non-grant eligible capacity rights in the amount of <br /> <br />.02500 mgd (or 25,000 gallons per day of wastewater volume), 61 <br /> <br />lbs/day BOD5, and 61 lbs/day TSS subject to the following conditions: <br /> <br />(a) The treatment capacity rights conveyed pursuant to the <br />Diamond Shamrock/D.K. 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 no more than 93 single family dwellings located <br />within said lands. <br /> <br />(b) The right to use the Treatment Capacity Rights sold and <br />conveyed to O.K. under the Diamond Shamrock/O.K. Agreement <br />shall not become effective until and unless the lands <br />described in Exhibit "A" hereof are annexed to the City <br />of Redwood City, and such annexation is completed; <br />provided, however, that nothing contained in this resolution <br />shall be deemed to imply approval of such annexation. <br /> <br />(c) The rights acquired by D.K. to treatment of sewage pursuant <br /> <br />-3- <br />