Agmt 2000 City of Oakland Port Commissioners (2)

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TDC:aaa 1112608 and Complaint for Injunctive Relief pursuant to CEQA (Alameda County Superior Court Action No. 793033- 9) ( "City and Districts Lawsuir); and WHEREAS, the Districts dismissed their. respective claims and causes of action in the City and Districts Lawsuit with prejudice, in accordance with the Settlement Agreement dated September 1, 1998, between the Port and the Districts; and WHEREAS, on February 2, 1999, the Alameda County Superior Court issued a judgment and a peremptory writ of mandate requiring the Port to, among other things, prepare a supplemental environmental impact report for the ADP; and WHEREAS, on June 29, 1999, the Port certified a supplemental environmental impact report SEIR ") for the ADP and reapproved the ADP, and, on motion by the Port, the Alameda County Superior Court ruled that the Port's certified SEIR complied with the terms of the Court's writ of mandate and discharged the writ; and WHEREAS, on July 29, 1999, the City filed a Petition for Writ of Mandate and Complaint for Injunctive Relief pursuant to CEQA (Alameda County Superior Court Case No. 815053 -8) ( "City's Second Lawsuit "); and WHEREAS, on May 20, 2000, the Alameda County Superior Court issued judgment in the City's Second Lawsuit in favor of the Port; and WHEREAS, both Alameda County Superior Court actions are currently on appeal in the Califomia Court of Appeal, First Appellate Division; and City of San Leandro and Port of Oakland Settlement Agreement Page 2 29848