Agmt 2000 City of Oakland Port Commissioners (2)

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TDC:aaa 11/3/00 Section 1.Grant of Easement For valuable consideration, Grantor grants to the Port a perpetual, nonexclusive Easement over Grantor's Property for noise and other negative impacts resulting from aircraft flying to and from, and other operations at the Airport collectively, ( "Airport Operations "). As to noise resulting from Airport Operations, this Easement is limited to, and shall be in effect only for, the following noise levels (the Maximum Approved Noise Levels "): The greater of (a) an exterior annual Community Noise Equivalent Level ( "CNEL ") of 68 dB and (b) and as to any reading room on Grantor's Property, an interior time average A- weighted sound level for the Airport's peak air traffic hour during normal library hours LEQ ") of 45 dB. Normal library hours are: Mondays 2 to 5:30 p.m. and 7 to 9 p.m.; Tuesdays 2 to 5:30; Wednesdays 10 to 12:00 p.m., 2 to 5:30 p.m. and 7 -9 p.m.; Thursdays 2 to 5:30 p.m.; Fridays 2 to 5:30 p.m.; and Saturdays 10 to 12:00 p.m. and 1 to 5 p.m. Annual CNEL shall be determined under the California Airport Noise Standards (which are located in Title 21 of the California Code of Regulations starting at Section 5000) or any successor regulations. Any change in the CNEL or LEQ resulting from temporary increased use of certain runways due to construction or repair of other runways, or due to weather, wind conditions or,other causes beyond the Port's control, shall not be used to compute noise levels under this Section 1. This Easement specifically permits the imposition of light, smoke, air currents, electronic or other emissions, vibrations, discomfort, inconvenience, interference with use and enjoyment and reduction in market value, if any, resulting from Airport Operations producing noise up to the Maximum Approved Noise Levels. This Easement is fully effective as of the date it is duly recorded. Section 2.Hazards Grantor shall not hereafter erect, or permit the erection or growth of, any structure, tree, or other object that the Federal Aviation Administration or any successor agency determines is or would constitute a hazard to the flight of aircraft in landing and taking off at the said Metropolitan Oakland International Airport and that these rights shall include, but not be limited to the following: 1) The continuing and perpetual right of the Port to cut and remove trees, bushes, shrubs, or any other perennial growth or undergrowth so determined to be such a hazard. 2) The continuing and perpetual right of the Port to remove, raze or destroy those portions of buildings, other structures and land so determined to be such a hazard, together with the right to prohibit the future erection of buildings or other structures which are so determined to create a hazard would infringe upon or extend into said surface. 3) The right of ingress to and egress from, and passage over Grantor's Property for the above purposes. Section 3.Release Grantor releases the Port, the City of Oakland and Airport operators and airlines using the Airport from any claims, losses, liabilities or expenses (collectively, "Losses ") arising from the impositions permitted by this Easement, as well as from noise and other negative impacts resulting from Airport Operations prior to the date of this Easement. This Release covers all past, present and future Losses, whether known or unknown. This Release includes damages for physical or emotional injuries, nuisance GRANT OF EASEMENT AND RELEASE Exhibit 3 2 30203