Agmt 2004 City of Oakland Port Commissioners (2)

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L. This Agreement Addendum is further intended to modify other sections of the 2000 Settlement Agreement, which modifications are set forth below. AGREEMENT Now, therefore, the Parties agree as follows: Amendment to Section 8 of the 2000 Settlement Agreement 1. 'The City agrees that, notwithstanding the provisions of Section 8 of the 2000 Settlement Agreement or any provision of the 2000 Settlement Agreement, the Port shall not be obligated to relocate the ILS, or such other current state-of--the-art system performing the functions of the ILS, from Runway 27R to Runway 27L. The Port also shall provide the City with written progress reports three times per year on the status of the relocation of the ILS: 2. The City further agrees that the Port shall have the prerogative, at the Port's absolute discretion, to: (a) install or allow installation of a second ILS, or such other current state-of--the-art system performing functions of the ILS, at the Airport's North Field; (b) relocate or allow relocation of the existing ILS, or such other current state-of--the-art system performing functions of the ILS, from Runway 27R to Runway 27L; or (c) take no further action to relocate or allow relocation of the existing ILS, or such other current state-of--the-art system performing functions of the ILS, from Runway 27R to Runway 27L. 3. The City agrees to accept any final governmental approval directly related to the installation or relocation of an ILS (or other system that serves an equivalent purpose) provided such approval does not result in an increase in capacity at North Field. The Port agrees to facilitate a meeting with the FAA and the City to review and discuss any environmental documents that maybe prepared to install or relocate an ILS (or such other current state-of--the-art system for performing functions of an ILS). At the request of the City, the Port further agrees to facilitate a public meeting with the FAA on any environmental documents related to the ILS. 4. The Parties agree they will work together to prepare, and coordinate with the FAA regarding, a Preferential Runway Use Agreement for the North Field that addresses the mutual noise mitigation concerns of the Parties relative to nighttime operations at North Field and touch and go (training) operations. The points of this Preferential Runway Use Agreement may include but not be limited to: a) Runway 9R/27L is the preferred runway for noise abatement at night. b) Runway 27L will be identified as the preferred North Field runway for nighttime arrivals whenever possible as determined by the FAA. c) Touch and go (training) flights will be directed to use Runway 27L whenever possible as determined by the FAA in order to reduce the likelihood that such flights would pass over residential neighborhoods in San Leandro.