Agmt 2004 City of Oakland Port Commissioners (2)

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the commercial passenger aircraft landing at the North Field, the 2003 SEIR concluded "the significant noise impact identified in earlier documents at Site D in San Leandro in 2020 under the ADP would not occur." F. The Federal Aviation Administration ("FAA") has offered to the Port that, subject to completion of feasibility and environmental evaluation, it may provide a new ILS for the Airport's North Field to be installed on Runway 27L. The Port desires to have the option of installing the new ILS on 27L rather than relocating the existing ILS from Runway 27R to Runway 27L, with the result that both Runway 27L and Runway 27R at the Airport's North Field would have an ILS. The Port also desires to have the option of declining the FAA's offer regarding a second ILS for any reason, including if the Port is expected to contribute a substantial portion to the funding of the second ILS. The Port has presented information to the City explaining why installation of a second ILS at North Field would not be expected to increase the capacity of the Airport's North Field and would not be expected to result in new significant noise effects on the City's residents. G. This Agreement Addendum is intended to modify Section 8 of the 2000 Settlement Agreement to allow for the potential installation of a second ILS at the North Field, and to release the Port from the requirements of Section 8 of the 2000 Settlement Agreement, such that the Port is not obligated to relocate the existing ILS from Runway 27R to Runway 27L. H. The 1997 EIR also determined that implementation of the ADP would contribute to a projected significant traffic impact at the Davis Street/Doolittle Drive intersection during the a.m. peak hour under the conditions assumed to occur in 2010, which impact would exist with or without the ADP. To address this projected impact, the 1997 EIR identified a mitigation measure calling for either [1] the addition of a second westbound right-turn lane on Davis Street or [2] provision of a minimum 1,000-foot-long northbound right turn lane on Doolittle Drive, and a free right-turn lane on westbound Davis Street. I. To commence negotiations to implement the above-described mitigation measure, the Parties included Section 31 in the 2000 Settlement Agreement. Section 31 provides, in part, that the Parties agree in good faith "to negotiate an agreement that will provide that the Port shall construct an additional right turn lane and associated improvements at the intersection of Davis and Doolittle at the Port's cost, subject to a firm commitment from the City to reimburse the Port for 95% of the Port's casts." Section 31 further provides that the foregoing provisions "shall result in legally- binding obligations of the Parties only if they execute, at their discretion, a subsequent rnutually- acceptable agreement creating the obligations, and then only to the extent the obligations are expressly provided in the subsequent agreement." J. The City intends to construct intersection improvements in excess of what is called for in Section 31 of the 2000 Settlement Agreement, in order to address traffic impacts from other surrounding development ("Intersection Project"). The City intends to form a traffic impact area for which a fee will be established that future developers will be required to pay to compensate the City, and other developers, who have contributed to the cost of the improvements. K. This Agreement Addendum is intended to modify Section 31 of the 2000 Settlement Agreement, and to set forth each Party's obligations with respect to the Intersection Project construction administration and funding. 2