Res95 12612 - Laserfiche WebLink

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DES:rg 0''25/95 (111/34) conveyance to PSCL of the amount specified in the R & H/PSCL Agreement will not affect adversely R & H's use of its said lands. 4. CONSENT. This Council hereby consents to the sale by R & H to PSCL pursuant to the R & H/PSCL Agreement of Non-Grant Eligible Capacity Rights in the amount of 0.20 mgd (or 200,000 gallons per day of wastewater volume), 4594 lbs/day BOD 5, and 477 lbs/day TSS subject to the following conditions: (a) The Treatment Capacity Rights conveyed pursuant to the R & H/PSCL Agreement shall be and hereby are allocated to, and shall be used for the benefit of, the Subject Lands and shall provide sewage treatment for development and use thereof; (b) The right to use the Treatment Capacity Rights sold and ,conveyed to PSCL under the R & H/PSCL Agreement for the Subject Lands shall not become effective until and unless said lands (as described in Exhibit A hereof) are annexed to the City of Redwood City and such annexation is completed; provided, however, that nothing contained herein shall be deemed to imply approval of such annexation; provided, further, that if such lands do not become annexed to the City, PSCL may apply to the City for consent to allocate said Treatment Capacity Rights to other lands owned by, or with respect to which PSCL owns a possessory interest, or for consent to sell, assign, lease, license, or otherwise dispose of said Treatment Capacity Rights pursuant to (d) hereinbelow; (c) In accordance with the provisions of paragraph 3(c) of the Agreement, upon connection or connections of the Subject Lands to the sanitary sewerage collection system serving said lands or serving other lands owned by or with respect to which PSCL owns a possessory interest, or lands of any transferee of PSCL for which consent has been granted pursuant to (d) hereinbelow, all right, title, interest in and to, and ownership of, the Capacity Rights conveyed under the R & H/PSCL Agreement shall, as separate such rights, be extinguished, and the rights of PSCL, or its successors, assigns, or transferees, to use the sanitary sewerage treatment capacity pertaining thereto shall be no different than that of any other similarly situated user of the sanitary sewerage system to which such connection is made, irrespective of the funding of such sanitary sewerage treatment capacity, and all rights, title, interest, and ownership in and to such Capacity Rights shall be deemed merged with all such rights, title, interest, and ownership of City, or such 4