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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2011 -165 RESOLUTION AUTHORIZING THE APPROPRIATION OF FUNDS FROM THE PORT OF OAKLAND TO THE CITY OF SAN LEANDRO IN THE AMOUNT OF $5,054,071 RELATED TO THE RESIDENTIAL AIRPORT NOISE INSULATION PROGRAM RECITALS WHEREAS, the City of San Leandro and the Port of Oakland entered into a settlement agreement on December 5, 2000 to resolve their differences in connection with the Port's approval of the Airport Development Program (the "ADP ") and to permit the ADP to move forward while at the same time mitigating any potential noise impacts of the ADP on residents of the City; and WHEREAS, the settlement agreement was amended on July 22, 2003 to memorialize certain points of agreement intended to provide additional consideration and to facilitate early execution of some of the terms of the settlement agreement; and WHEREAS, under the terms of the agreement, the Port of Oakland agreed to fund a City administered Residential Noise Insulation Program as a mitigation measure to reduce the impacts of the aircraft generated noise on 200 residences in the project area; and WHEREAS, additional funds for all noise insulation work will be provided by the Port of Oakland; and WHEREAS, the City of San Leandro proposes to enter into an amended contractual agreement with G.E. Chen Construction, Inc. and C. Kell -Smith & Associates for an amount not to exceed $5,054,071 for work necessary to complete the City's Residential Airport Noise Insulation Program. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: Authorizes the appropriation of funds from the Port of Oakland in the amount of $5,054,071 to complete the City of San Leandro's Residential Airport Noise Insulation Program. Introduced by Councilmember Reed and passed and adopted this 19th day of September, 2011, by the following called vote: