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DES:rg 0/'25/95 (111/34) <br /> 0 R I G I N A L 9/25/95 <br /> <br /> RESOLUTION NO. 12612 <br /> <br /> RESOLUTION CONDITIONALLY CONSENTING TO PROPOSED SALE OF <br /> CERTAIN SANITARY SEWERAGE TREATMENT CAPACITY RIGHTS (ROHM <br /> AND HAAS CALIFORNIA, INC./PACIFIC SHORES CENTER LIMITED <br /> PARTNERSHIP) <br /> <br /> WHEREAS, the City of Redwood City ("City") and Diamond <br />Shamrock Corporation, a Delaware corporation, entered into an <br />agreement (the "Agreement") dated December 14, 1978, under which <br />City sold to Diamond Shamrock Corporation certain non-grant <br />eligible capacity rights therein described and defined for <br />treatment of sewage emanating from lands or activities of Diamond <br />Shamrock Corporation within the City of Redwood City; and <br /> <br /> WHEREAS, on May 30, 1984, Diamond Shamrock Corporation and its <br />subsidiary, Duolite International, Inc. sold substantially all of <br />its operating assets including the plant and equipment, real <br />estate, improvements and sewerage treatment capacity rights to Rohm <br />and Haas California, Inc. ("R & H"); and <br /> <br /> WHEREAS, pursuant to paragraph 3(c) of the Agreement, R & H is <br />entitled to sell, assign, lease, license, or otherwise dispose of <br />its non-grant eligible capacity rights subject to certain <br />conditions, including the requirement that written consent thereto <br />of City first be obtained; and <br /> <br /> WHEREAS, R & H proposes to sell a portion of its non-grant <br />eligible treatment capacity rights to Pacific Shores Center Limited <br />Partnership, a Delaware limited partnership ("PSCL") pursuant to an <br />agreement dated March 23, 1993 (the "R & H/PSCL Agreement"); and <br /> <br /> WHEREAS, PSCL proposes to allocate all of the aforesaid <br />non-grant eligible capacity rights to that certain real property <br /> <br /> <br />