Agmt 2004 City of Oakland Port Commissioners (2)

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Amendment and Additions to Section 31 of the 2000 Settlement Agreement 5. The Port agrees that no later than 30 calendar days after the Parties have executed this Addendum Agreement, the Port shall pay to the City the amount of $400,000 to be used for the Intersection Project. a) The Port agrees that this amount shall be deposited by the Port subject to a disbursement agreement between the Parties. The Port shall deposit this amount into a separate interest bearing Escrow Account, established by the City, with interest earned on said funds payable to the Port. The City shall have the right to draw down on the monies placed in the Escrow Account to pay for third party design and construction costs for the Intersection Project, subject to an accounting therefore at the reasonable request of the Port. b) The City agrees that it shall reimburse the Port the amount that the Port has contributed to the Intersection Project less 5% of the Port's $400,000 payment. Reimbursement shall be made in a lump sum, interest-free payment, within 5 years of the date the City receives the Port's $400,000 payment. 6. The Port shall contribute up to the following amount to the City's cost for the following projects. Final Port costs will be based on actual construction costs not to exceed the estimates given in Exhibits A and B. a) Construction of Eden Road: see Exhibit A. The Port's costs for the project are described in Part One of Exhibit A, divided by two (2). The Port shall receive a credit for contributing the land north of the City's current right-of--way which is required for the project (Part Three of Exhibit A). The City shall solely bear the costs described in Part Two of Exhibit A. b) Tree planting and related irrigation expenses for the installation of trees along Doolittle Drive between Adams and Eden Roads: see Exhibit B. Other Amendments to the 2000 Settlement Agreement 7. Paragraphs 2 and 3 of Section lof the 2000 Settlement Agreement relating to the San Leandro Runway Use Policy is modified to read as follows: Insert "or regional jet" in both paragraphs after "large or heavy," and insert "or large or heavy air cargo" before "aircraft operations" in both paragraphs. 8. The Port agrees that, notwithstanding the provisions of Section 2(c)(1)(B) of the 2000 Settlement Agreement or any provision of the 2000 Settlement Agreement, Exhibit 2 to the 2000 Settlement Agreement specifying the form of the Grant of Easement and Release carrying out the City's obligations in Section 2(c)(1)(B) shall be revised to modify existing section 2 of the Grant of Easement and Release, and to more specifically define "Maximum Approved Noise Levels." Revised Exhibit 2 to the 2000 Settlement Agreement is attached to this Agreement Addendum as Exhibit C. 9. In accordance with FAA regulations, for applicable projects within the City of San Leandro that have the potential to constitute a hazard to operations at the Airport, the City, prior to 4