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� O � <br /> Op <br /> RESOLUTION NO. P-219 4 � <br /> RESOLUTION TERMINATING REIMBURSEMENT AGREEMENT 1N <br /> CONNECTION WITH POTENTIAL DOCKING AND OPERATION OF <br /> SS PACIFIC STAR AT WHARF 5 <br /> (DCS Pacific Star, LLC) <br /> WHEREAS,the City of Redwood City,by and through its Board of Port <br /> Commissioners, and DCS Pacific Star, LLC entered into an agreement(the"Contract") <br /> entitled, "Reimbursement Agreement" in connection with the CEQA analysis for the <br /> potential docking and operation of the SS Pacific Star at Wharf 5, Port of Redwood City, <br /> Redwood City, California; and <br /> WHEREAS,the Contract was approved by the Board of Port Commissioners on <br /> January 26, 2011; and <br /> WHEREAS, DCS Pacific Star, LLC has abandoned the Project; and <br /> WHEREAS,pursuant to the terms of the Contract, DCS Pacific Star, LLC <br /> deposited the sum of$29,255.60 with the Port to pay for all costs, fees and expenses to be <br /> incurred by the Port in connection with the CEQA process; and <br /> WHEREAS,pursuant to the terms of the Contract, Port expended the sum of <br /> $21,046.41; and <br /> WHEREAS,pursuant to the terms of the Contract, Port charged 10%of the sum <br /> expended as an Administrative Fee, in the amount of$2,104.64; and <br /> WHEREAS,the Port created a ledger to evidence the deposit made by DCS <br /> Pacific Star, LLC and the disbursements made by Port to pay costs, fees and expenses; <br /> and <br /> WHEREAS,the remaining ledger balance after payment of a11 costs, fees, and <br /> expenses is $6,104.55. <br /> NOW, THEREFORE; <br /> BE IT RESOLVED BY THE BOARD OF PORT COMMISSIONERS OF THE <br /> CITY OF REDWOOD CITY AS FOLLOWS: <br /> l. The Reimbursement Agreement with DCS Pacific Star,LLC is terminated. <br /> 2. The Port Executive Director is hereby authorized to release the sum of <br /> $6,104.55 to DCS Pacific Star, LLC. <br /> * * * * � <br /> Port/reso a <br /> Reso 111 edCH �O� <br /> 03/13/13 ��� <br />