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Hoard of Port Commissioners CONFIDENTIAL: ATTORNEY - <br />of the City of Oakland CLIENT AND ATTORNEY WORK - <br />Oakland, California PRODUCT PRIVILEGED; <br />November 3, 2000 EXEMPT FROM DISCLOSURE <br />Page 5 ABSOLUTELY PROBIBITED FROM <br />DISSEICNATION OUTSIDE PORT <br />Settlement Agreement. I support their recommendation. If the <br />City of San Leandro does not settle, -I do not believe the Port's <br />likelihood of prevailing in San Leandro's litigation would be <br />significantly different than the Port's likelihood of prevailing <br />in the Alameda /CLASS /KJOB litigation.Also, the Settlement <br />Agreement will probably not by itself increase dr decrease .the <br />likelihood of that the Port will prevail in the Alameda /CLASS /KJOB <br />litigation, or that the Port will prevail in any future litigation <br />over the FAA EIS or FAA approval of the ADP. Once the Port <br />resolves all litigation and secures all the permits it needs for <br />the ADP, the Settlement Agreement will cost the Port approximately <br />5 million for insulation of residential units in the City of San <br />Leandro. <br />I will have prepared for the Board's approval on November 7, <br />2000, a resolution approving and authorizing execution of the <br />Settlement Agreement. <br />Very r ly yo rs, <br />DAVID L. ALEXANDrR <br />Port Attorney <br />Enclosure <br />cc & enc.:Charles W: Foster <br />Tay Yoshitani <br />Steve Grossman <br />Carole Wedl <br />Harold Jones <br />Diann Castleberry <br />Thomas D. Clark <br />Vivian O'Neal <br />Barbara Schussman, Esq. <br />30355