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," RES 0 L UTI 0 N N O. 8759 DES:yc:12/10/80 12/15/8"0 ORIGINAL DEe 1 5 1980 RESOLUTION CONDITIONALLY CONSENTING TO PROPOSED SALE OF CERTAIN SANITARY SEWERAGE TREATMENT CAPACITY RIGETS (DIAMOND SHAMROCK CORPORATION AGREEMENT) WHEREAS, the City of Redwood City (the "City") and Diamond Shamrock Corporation, a Delaware corporation ("Diamond Shamrock"), entered into an agreement dated December 14, 1978 (the "City/ Diamond Shamrock Agreement") under which the City sold to Diamond Shamrock certain non-grant eligible capacity rights therein described and defined for treatment of sewage emanating from lands or activities of Diamond Shamrock within the City of Redwood City; and vvHEREAS, pursuant to paragraph 3(c) of the City/Diamond Shamrock Agreement, Diamond Shamrock is entitled to sell, assign, lease, license, or otherwise dispose of its non-grant eligible capacity rights subject to certain conditions, including the requirement that written consent thereto of the City first be obtained; and WHEREAS, Diamond Shamrock proposes to sell a portion of its non-gran t eligible trea tmen t capaci ty r igh,ts to BAS Homes, Inc., a California corporation ("BAS"), pursuant to an agreement dated October 10,1980 (the "Diamond Shamrock/BAS Agreement"); and WHEREAS, BAS proposes to allocate all of the aforesaid non- grant eligible capacity represented by the aforesaid capacity rights to that certain real property (the "Subject Lands") more par-- ticularly described in "Exhibit A" hereof and shown upon the plat designated "Exhibit B" hereof, which exhibits are attached hereto and incorporated herein; and WHEREAS, BAS further proposes to annex the Subject Property to the City; and WHEREAS, pursuant to the provisions of paragraph 3(c) of the City/Diamond Shamrock Agreement, Diamond Shamrock now seeks consent of this Council to the conveyance of a portion of its non-grant eligible treatment capacity rights under the Diamond Shamrock/BAS Agreement; 8759