Agmt 2000 City of Oakland Port Commissioners (2)

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Toc:aaa 1121/00 change order stating (A) that it denies, withhold or conditions its approval and (B) the basis upon which it denies, withholds or conditions its approval. The Port shall be entitled to retain any and all interest eamed in the Escrow Account. 3.Termination or Change in San Leandro Runway Use Policy: a) Extension of Provisions of Section 2: Except as provided in Section 3(b), if the Port terminates or changes the San Leandro Runway Use Policy, without the written consent of the City, the Port agrees to extend the provisions Section 2 (subject the modifications below) to cover each residential unit that meets both the following criteria: (i) The residential unit is within the Davis West and Timothy Lane neighborhoods that are identified in the map attached hereto as Exhibit 1; and (ii) As of the date of termination or change in the Policy the Port has not received delivery of an Easement for the residential unit from the unit's fee owner(s). A residential unit that meets the criteria in clauses (i) and (ii) is referred to as an "Additional Residential Unit". The extension of Section 2 shall be with the following modifications in this Section 3(a): The City shall conduct a sound study of an appropriate number and type of Additional Residential Units to establish the outside to inside noise reduction for the currently existing units that qualify for inclusion in the Program. Based upon the established noise reduction, the study shall then establish the projected interior Airport aircraft Community Noise Equivalent Level ( "CNEL ") dB noise level in the habitable rooms of the residential units. The City may do separate sound studies for separate phases of its Program for the Additional Residential Units. If the sound study shows that the interior of any habitable room of certain Additional Residential Units would exceed the 45 dB CNEL Airport aircraft noise level, then, subject to the terms, conditions and limitations of this Agreement, the Port shall provide funding for the City City of San Leandro and Port of Oakland Settlement Agreement Page 12 29848