Agmt 2000 City of Oakland Port Commissioners (2)

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TDC:aaa 11Q1ge WHEREAS, the City desires to resolve its differences in connection with the Port's approval of the ADP and to permit the ADP to move forward while at the same time mitigating any potential noise impacts of the ADP on residents in the City. NOW, THEREFORE, it is agreed as follows: 1. San Leandro Runway Use Policy. The Port shall implement the policy, which is described below in this Section 1, known as the San Leandro Runway Use Policy (hereinafter "Policy "), and may terminate or change the policy only after expiration of a 90-day consultation period with the City. The Port shall notify the Federal Aviation Administration ( "FAA ") and any federal agency charged with air traffic management at the Airport of the Policy. The Port shall request the FAA and any such agencies to comply with the Policy. The Port shall notify all operators of regularly scheduled large or heavy commercial passenger aircraft at the Airport of the Policy and request that they comply with the Policy. The Policy provides that regularly scheduled large or• heavy commercial passenger aircraft operations shall not occur at the North -Field of the Airport over the City of San Leandro, except in the following circumstances: a) Emergency landings or takeoffs that are necessary on account of a substantial risk of serious injury or damage or death. b) Whenever Runway 11-29 is closed for construction, maintenance or repairs or by any cause beyond the control of the Port (such as air traffic control considerations). Where such construction, maintenance or repairs are scheduled in advance; and are not minor in nature, the Port will notify the City as soon as possible in writing of said work and discuss impacts thereof with the City. For purposes of the Policy "large" or "heavy" means aircraft with a certificated gross take -off weight in excess of 75,000 pounds. • City of San Leandro and Port of Oakland Settlement Agreement Page 3 29848