Agmt 2004 City of Oakland Port Commissioners (2)

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Section 1. Grant of Easement For valuable consideration, Grantor grants to the Port a perpetual, nonexclusive Easement over Grantor's Property for noise and other negative impacts resulting from aircraft flying to and from, and other operations at the Airport (collectively "Airport Operations"). This Easement specifically permits the imposition of light, smoke, air currents, electronic or other emissions, vibrations, discomfort, inconvenience, interference with use and enjoyment and reduction in market value, if any, resulting from Airport Operations producing noise up to the Maximum Approved Noise Levels. "Maximum Approved Noise Levels" means that interior noise levels of any habitable room do not exceed a Community Noise Equivalent Level ("CNEL") of 45 dB on an annualized basis, whenever exterior noise levels are 65 dB CNEL or higher on an annualized basis. This Easement is fully effective as of the date it is duly recorded. Section 2. Hazards Federal law [Code of Federal Regulations, Title 14, Part 77 (Objects Affecting Navigable Airspace), and required FAA Grant Assurances relating to Airport Hazards] requires airports that receive federal funding to make an assurance to the Federal Aviation Administration that they will take appropriate action to protect the airspace and airport operations against any hazards and that, insofar as it is within their power and is reasonable, they will prevent -either by the acquisition and retention of easements or other interests in or rights to the use of land or airspace, or by the adoption or enforcement of zoning regulations -the construction, erection, alteration, or growth of any structure, tree or other object in the approach areas of the airport runways that would constitute an airport hazard. In order to assure compliance with these federal requirements, Grantor shall not hereafter erect, or permit the erection of growth of, any structure, tree, or other object that the Federal Aviation Administration or any successor agency determines is or would constitute a hazard to the flight of aircraft in landing and taking off at the Airport. Section 3. Release Grantor releases the Port, the City of Oakland and Airport operators and airlines using the Airport from any claims, losses, liabilities or expenses (collectively, "Losses") arising from the impositions permitted by this Easement, as well as from noise and other negative impacts resulting from Airport Operations prior to the date of this Easement. This Release covers all past, present and future Losses, whether known or unknown. This Release includes damages for physical or emotional injuries, nuisance or any taking of Grantor's Property. Grantors shall not sue for damages in connection with the Losses released by this Easement. Grantors shall not seek to enjoin, or otherwise challenge by petition for writ of mandate or by any other means, under the California Environmental Quality Act or under any other statute or law, the impositions permitted by this Easement. The Port will not have to set aside buffer lands, re-route air traffic, erect sound or other barriers, establish curfews, relocate Airport Operations or take other measures to eliminate or lessen the impositions permitted by this Easement. GRANT OF EASEMENT AND RELEASE 2