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WHEREAS, the Parties now desire to adopt and memorialize certain subsequent points of agreement
<br /> intended to provide additional consideration and to facilitate early execution of some of the terms of the Settlement
<br /> Agreement, and which are therefore adopted for the convenience of the Parties.
<br /> NOW, THEREFORE, in consideration of the above premises the Parties agree as follows:
<br /> 1. Definitions. To the extent applicable hereto, the definitions contained in the Phase 2 Agreement,
<br /> which refer to and incorporate the definitions contained in the Phase 1 Agreement, are incorporated in full herein,
<br /> except as to those terms specifically defined herein for the purposes of this Addendum.
<br /> 2. In furtherance of Port's obligation, as set forth in subparagraph 2 (c) (1)(A)of the Settlement
<br /> Agreement, to fund a City-administered City Residential Airport Noise Insulation Program, Port agrees to immediately
<br /> release, in accordance with the procedures and requirements of the Settlement Agreement, up to One Million Dollars
<br /> ($1,000,000)for such purposes (hereafter"Early Payment"). The Parties agree that, if City determines that insulation
<br /> measures are required for any of the 200 residential properties beyond what is specified in the Settlement
<br /> Agreement, Port and City,on a case-by-case basis,will negotiate in good faith to agree upon the amount of
<br /> additional insulation. The goal of the Parties will be to provide the 200 benefited San Leandro properties with the
<br /> same level of insulation measures that is provided under the Port's noise insulation program in the City of Alameda.
<br /> The Early Payment funds may be used only for the purposes identified in Section"2"of the Settlement Agreement.
<br /> All other provisions of the Settlement Agreement, except the"Obligations Effective Date"provisions stated in Section
<br /> "14"of the Settlement Agreement, shall be applicable to the release, expenditure, and use of the Early Payment
<br /> funds. To obtain or withdraw Early Payment funds, City shall comply with all pre-requisites and procedures stated in
<br /> the Settlement Agreement.
<br /> 3. The terms of subparagraph 4.2(f)of the Phase 2 Agreement shall inure to the benefit of City, to wit,
<br /> City, shall have formal representation in the formulation of the Master Plan (as defined in subparagraph 2.14 of the
<br /> Phase 2 Agreement)to be prepared pursuant to subparagraph 4.4(k)of the Phase 1 Agreement and shall have the
<br /> opportunity to participate in development and consideration of objectives, alternatives, and elements with respect to
<br /> the Master Plan.
<br /> 4. The terms of subparagraph 4.4(f)of the Phase 1 Agreement shall inure to the benefit of City,to wit,
<br /> Port shall immediately provide City with a copy of the written plan,describing reasonable steps that Port will
<br /> implement to encourage and maximize conformance,and to discourage and minimize any diminution in
<br /> conformance, with its other pre-ANCA programs intended to reduce noise associated with Airport operations
<br /> (collectively, the'Programs,"which are further described in Exhibit D of the Phase 1 Agreement). These Programs
<br /> include but are not limited to the Nighttime Quiet Hours Program and the"Silent 7"departure procedure. Such
<br /> written plan shall contain, at a minimum, measures substantially identical to those described in subparagraphs 4.4
<br /> (e)(1)through 4.4 (e)(3)of the Phase 1 Agreement.
<br /> 5. The terms of subparagraph 4.4(g)of the Phase 1 Agreement shall inure to the benefit of City, to
<br /> wit, Port shall utilize flight track(radar)data to report to City, on a quarterly basis, regarding the number and
<br /> percentage of Airport operations that do or do not(i) follow the Procedures for North Field operations contained in
<br /> paragraph 6(A)of the 1976 Settlement Agreement, (ii)follow the restrictions on right turn climbout Procedures over
<br /> Bay Farm Island from Runway 11/29 contained in paragraph 6(B)of the 1976 Settlement Agreement, (iii)follow the
<br /> procedures set forth in the Nighttime Quiet Hours Program,(iv)follow the Silent 7 departure procedure throughout
<br /> the length of that procedure, and (v)overfly the City of Berkeley,or fly within two miles of the portion of the Alameda
<br /> County/Contra Costa County boundary that is coterminous with the City of Berkeley boundary, between the hours of
<br /> 10 p.m. and 7 a.m. After five years,the Parties will discuss whether to discontinue the requirements of this
<br /> paragraph 5; however, those requirements shall continue unless the Parties agree to discontinue them.
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<br /> Addendum to Settlement Agreement
<br /> July 25,2003
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