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TDC:aaa 11121190 <br />SETTLEMENT AGREEMENT <br />THIS IS A SETTLEMENT AGREEMENT dated for the convenience of the Parties hereto as of <br />November 7, 2000, and is entered into between the CITY OF OAKLAND, a municipal corporation, acting <br />by and through its Board of Port Commissioners (hereinafter 'Port"), and the CITY OF SAN LEANDRO, a. <br />public agency, (hereinafter "City"), for the purpose of settlement of those certain actions filed in Alameda <br />County Superior Court, entitled City of San Leandro, et al. v. Port Department of Oakland acting by and <br />through the Oakland Board of Port Commissioners, Action No. 793033 -9 and City of San Leandro v. Port <br />Department of Oakland acting by and through the Oakland Board of Port Commissioners, Action <br />No.815053 -8. The Port and the City, each a "Party", are collectively referred to in this Agreement as the <br />Parties." <br />RECITALS <br />WHEREAS, the Parties share a common interest in the responsible expansion of the Metropolitan <br />Oakland International Airport (the "Airport ") and the avoidance of incompatible land uses near the Airport; <br />and <br />WHEREAS, on December 16, 1997, the Port by its passage of Resolution No. 97376 approved the <br />Airport Development Program (the. "ADP "), consisting of nineteen (19) identified components, and certified <br />an Environmental Impact Report for the ADP ( "EIR "), as being adequate and in compliance with the <br />Califomia Environmental Quality Act ( "CEQA "); and <br />WHEREAS, on January 14, 1998, the City, and the San Leandro Unified School District and the <br />San Lorenzo Unified School District (collectively, the "Districts "), filed a joint Petition for Writ of Mandate <br />City of San Leandro and Port of Oakland <br />Settlement Agreement <br />Pagel <br />29848