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<br />DES:mf 3/9/82 <br /> <br />Or>!G,l"'^L <br />li\j i j'~Ji <br /> <br />RES 0 L UTI 0 N <br /> <br />N O. <br /> <br />9112 <br /> <br />MAY 1 0 1982 <br /> <br />RESOLUTION CONDITIONALLY CONSENTING TO PROPOSED <br />SALE OF CERTAIN SANITARY SEWERAGE TREATMENT <br />CAPACITY RIGHTS (DIAMOND SHAMROCK CORPORATION/ <br />D. K. DEVELOPMENT COMPANY) <br /> <br />WHEREAS, the City of Redwood City (the "City") and Diamond <br /> <br />Shamrock Corporation, a Delaware corporation ("Diamond Shamrock") , <br /> <br />entered into an agreement dated December 14, 1978 (the "City/ <br /> <br />Diamond Shamrock Agreement") under which the City sold to Diamond <br /> <br />Shamrock certain non-grant eligible capacity rights therein <br /> <br />described and defined for treatment of sewage emanating from lands <br /> <br />or activities of Diamond Shamrock within the City of Redwood City; <br /> <br />and <br /> <br />WHEREAS, pursuant to paragraph 3(c) of the City/Diamond <br /> <br />Shamrock Agreement, Diamond Shamrock is entitled to sell, assign, <br /> <br />lease, license, or otherwise dispose of its non-grant eligible <br /> <br />capacity rights subject to certain conditions, including the <br /> <br />requirement that written consent thereto of the City first be <br /> <br />obtained; and <br /> <br />WHEREAS, Diamond Shamrock proposes to sell a portion of its <br /> <br />non-grant eligible treatment capacity rights to D. K. Development <br /> <br />Company, a California corporation ("D.K.") pursuant to an agreement <br /> <br />dated November 1, 1980 (the "Diamond Shamrock/ D.K. Agreement"); <br /> <br />and <br /> <br />WHEREAS, D.K. proposes to allocate all of the aforesaid <br /> <br />non-grant eligible capacity represented by the aforesaid capacity <br /> <br />rights to that certain real property (the "Subject Lands") more <br /> <br />particularly described in Exhibit "A" hereof and shown upon the <br /> <br />plat designated Exhibit "B" hereof, which exhibits are attached <br /> <br />hereto and incorporated herein; and <br /> <br />WHEREAS, D.K. further proposes to annex the Subject Property <br /> <br />to the City; and <br /> <br />WHEREAS, pursuant to the provisions of paragraphs 3(c) of the <br /> <br />o 11' ') <br />;y _ Iw <br />