Agmt 2000 City of Oakland Port Commissioners (2)

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TDC:aaa 1121100 t particularly described herein. The Parties expressly waive and any right to assert hereafter that any claim has been omitted from the terms of these releases through ignorance, oversight, error or any other cause, and further expressly waive any right that they may have under the provisions of Califomia Civil Code Section 1542, which reads as follows: • A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially effected his settlement with the debtor." 31. Right Tum Lane at Davis and Doolittle. The Port and the City agree in good faith, and at the request of the other, to negotiate an agreement that will provide that the Port shall construct an additional right tum lane and associated improvements at the intersection of Davis and Doolittle at the Port's cost, subject to a firm commitment from the City to reimburse the Port for 95% of the Port's costs. The City's reimbursement shall be on an acceptable reimbursement schedule and include all actual and reasonable costs. The construction would be subject to the approval of Caltrans. The Port and the City will work together to obtain the necessary approvals. The City will provide the Port with preliminary plans for the necessary improvements at the intersection. As of 1998 the City estimated the costs of construction at less than $400,000.00. The foregoing provisions of this Section 31 shall result in legally- binding obligations of City of San Leandro and Port of Oakland Settlement Agreement Page 32 29848