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it0l Si 7I <br />PORT OF OAKLAND <br />August 21, 1998 <br />CONFIDENTIAL: ATTORNEY- CLIENT AND <br />ATTORNEY NORK- PRODUCT PRIVILE ®; <br />EXEMPT FROM DISCLOSURE - <br />ABSOLUTELY PROHIBITED FROM <br />DISSfl4NATION OUTSIDE PORT <br />Board of Port Commissioners <br />of the City of Oakland <br />Oakland, California 94607 <br />Re: Proposed Settlement of Airport Litigation With San Leandro <br />Unified School District and San Lorenzo Unified School <br />District <br />Dear Commissioners: <br />Negotiations with the San Leandro and San Lorenzo Unified School <br />Districts are now complete to settle their joint lawsuit with the City <br />of San Leandro challenging the Port's Airport Development Program <br />ADP ") EIR.The proposed Settlement Agreement conforms with the <br />authorization from the Board in closed session to negotiate in <br />accordance with • the terms and conditions of the attached copies of my <br />April 17 and June 5 letters to the Board. According to their attorney, <br />the School Districts are expected to approve the Settlement Agreement in <br />closed session on September 1. <br />In summary, the major provisions of the Settlement Agreement are <br />as follows: <br />Effective Date of. Obligations:The Port has no significant <br />obligations under the Settlement Agreement unless and until the Port has <br />received FAA approval for the ADP, and all litigation challenging the <br />Port's and FAA's approval of the ADP is finally resolved by negotiated <br />settlement or final non - appealable judgment which would allow the ADP to. <br />proceed. In effect, the School District's approval of the Settlement <br />Agreement would put them at odds with the City of San Leandro with whom <br />the Port was unable to reach a negotiated settlement. If, as expected, <br />the School Districts approve the Settlement Agreement, they will want <br />the ADP to proceed, because only then will they receive the benefits of <br />the Settlement Agreement, whereas the City of San Leandro continues to <br />challenge the Port's approval of the ADP. <br />18809 <br />530 Water Street • Jack London Square • P.O. Box 2064 • Oaldand, California 94604 -2064 <br />Telephone (510) 272 -1100 Fax (510) 272 -1172 • TDD (510) 763 -5703 • Cable address, PORTOFOAK, Oakland