Agmt 2003 City of Oakland Port Commissioners

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• • not comment on, directly or indirectly, Port's new ADP SEIR, Port's reapproval of the ADP,or Port's decision on the return of any writ related to the ADP, (iv) City will not encourage or assist any other entity or individual in commenting on,directly or indirectly, Port's new ADP SEIR, Port's reapproval of the ADP,or Port's decision on the return of any writ related to the ADP, (v)to use Early Payment funds only for residential noise insulation work on residential units identified in the Settlement Agreement, (vi) not to bring any challenge to Port's approval of the Master Plan pursuant to the provisions of the California Environmental Quality Act or the National Environmental Policy Act, so long as that approval is limited to approval of the Master Plan as a planning study, and does not constitute a decision by Port to approve, adopt,or fund any project or group of projects described in the Master Plan,or have a legally binding effect on later Port activities. 11. The terms of this Addendum shall be construed to harmonize and be consistent with the Settlement Agreement. Insofar as any specific terms of the Addendum in any way conflict with specific terms in the Settlement Agreement, the terms of this Addendum shall control unless the intent of the Parties in making this Addendum would be subverted. This Addendum shall be considered to be an amendment to the Settlement Agreement. 12. Mutually Drafted Agreement. Each of the Parties has been fully and competently represented by counsel of its own choosing in the negotiation and drafting of this Addendum. Accordingly, the Parties agree that any rule of construction of contracts resolving any ambiguities against the drafting party shall be inapplicable to this Addendum. Further, each of the Parties acknowledges that it has read this entire document, including the attached exhibits, if any, and fully understands its terms and effect. 13. No Third-Party Rights. This Addendum is not intended to, and shall not create,any rights in favor of any persons other than the Parties. 14. Warranties of Authority. The signatories to this Addendum hereby represent and warrant that they are duly authorized to execute this Addendum on behalf of the parties for which they have signed and that they have all necessary lawful authority, and have taken all necessary actions, to execute this Addendum. 15. Notice. Any notices required by this Addendum shall be in writing and shall be given and effective as set forth in Section "14"of the Settlement Agreement. Notices shall be addressed and delivered as follows: To City: To Port: City Manager Executive Director City of San Leandro Port of Oakland 835 E. 14th Street 530 Water Street San Leandro, CA 94577 Sixth Floor Oakland, CA 94607 with a copy to: City Attorney with a copy to: City of San Leandro Port Attorney 835 E. 14U Street Port of Oakland San Leandro, CA 94577 530 Water Street Fourth Floor Oakland, CA 94607 14. Execution in Counterparts. The Parties may execute this Addendum in counterparts, each one of which will be an original or the equivalent thereof. 43080 4 Addendum to Settlement Agreement July 25,2003