Agmt 2000 City of Oakland Port Commissioners (2)

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TDC:aaa 1121100 10. No Incompatible Land Uses. In the event that the City permits any residential or other development within the area westerly of the red boundary shown on the map attached hereto as Exhibit 4 which would not be a compatible use under existing laws and regulations were the development to have been located within a greater than 65 CNEL dBA airport noise contour (whether or not the new, development actually is located within a greater than 65 CNEL airport noise contour) unless an avigation easement for noise has been acquired by the Port as proprietor of the Airport, then the City agrees to provide to the Port an Easement in accordance with the remainder of this Section 10 before construction begins on the new development. In the event the City breaches its foregoing obligation, then.in addition to all other remedies available to the Port, (a) all of the Port's obligations with respect to insulation of residential units and the library, and the San Leandro Runway Policy shall terminate and no longer be effective and (b) if the Port shall have deposited.money into any Escrow Accounts, all money remaining in all Escrow Accounts shall immediately be retumed to the Port. The Port agrees to accept at no cost to the Port (including no cost to acquire title insurance) an Easement substantially in the form of attached Exhibit 2, but without recitals C and D. The Port is not obligated to accept an Easement for any new development unless the Port is provided a reasonably acceptable policy of title insurance from a qualified title insurance company that satisfies the requirements of an Easement to be granted under Section 6(b). 11. Port Aviation Committee. The Port and the City each agree to make all reasonable and good faith efforts to have the Aviation Committee of the Board of Port Commissioners ( "Aviation Committee ") and a three - member subcommittee of the City Council of the City of San Leandro ( "City Committee ") meet tri- annually at work session meetings that will be a part of the Aviation Committee's regular or special meetings. The Port shall be responsible for ensuring that the Aviation Committee's meeting, and the work City of San Leandro and Port of Oakland Page 25 Settlement Agreement