Agmt 2000 City of Oakland Port Commissioners (2)

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TDC:aaa 1121100 2.Residential Airport Noise Insulation Program. The City shall implemeht the City's Residential Airport Noise Insulation Program to insulate chain of the City's residential units as provided below. If, as a result of changes in federal or state law, the Port becomes legally required to provide more substantial noise abatement mitigation, this Agreement shall not limit the Port's obligation to provide such mitigation, or the City's right (if any) to enforce any such obligation; provided that under no circumstances shall any such legal requirement, or the Port's compliance or non-compliance with such legal requirements, relieve the City of any of its obligations under Section 29 hereof. The City's Residential Airport Noise Insulation Program shall be administered subject to the following provisions: a) City's Management of Program: The City shall be solely responsible for management and implementation of the City's Residential Airport Noise Insulation Program (the Program"), including all contacts and relations with owners and occupants of residential units (including causing the owners of each residential unit insulated to deliver to the Port an Easement in accordance with the provisions of this Agreement) and all contracts and other provisions made for establishment and application of criteria for selecting residential units to be insulated, for design of insulation features and for construction of the insulation improvements. b)Management Firm Payments: 1) Payments Due Management Firm: The City agrees to contract with a qualified management firm to manage and administer the City's Program, including the provision of architectural and design services. The contract with the management firm, and each amendment to the contract, shall be subject to the prior review and approval of the Port. The Port shall fund, upon request by the City and in accordance with this Agreement, all actual and reasonable payments the City is obligated to make to the City of San Leandro and Port of Oakland Settlement Agreement Page 4 29848