Agmt 2004 City of Oakland Port Commissioners (2)

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ADDENDUM TO SETTLEMENT AGREEMENT BETWEEN THE CITY OF OAKLAND, A MUNICIPAL CORPORATION, ACTING BY AND THROUGH TTS BOARD OF PORT COMMISSIONERS AND THE CITY OF SAN LEANDRO This Addendum Agreement, entered into on November 15, 2004 amends the Settlement Agreement between the City of Oakland, a municipal corporation acting by and through its Board of Port Commissioners ("Port") and the City of San Leandro ("City") dated November 7, 2000 ("2000 Settlement Agreement"). The parties to this Addendum Agreement are referred to collectively as the "Parties." RECITALS A. On November 7, 2000 the Port and the City entered into a settlement agreement to resolve disputes between them regarding the Port's approval of an Airport Development Program ("ADP") and the expansion of Oakland International Airport ("Airport"). B. On July 22, 2003, the Port and the City entered into an Addendum to Settlement Agreement for the purpose of providing additional consideration and executing earlier than required some of the terms of the 2000 Settlement Agreement. C. The Environmental Impact Report for the ADP dated December 1997 ("1997 EIR") evaluated aworst-case scenario in which pilots of certain passenger commercial aircraft would choose to land at the Airport's North Field in order to avoid projected delay and congestion on the air carver runway at the Airport's South Field. To reduce the chance of significant impacts on San Leandro residents from the occurrence of such a worst case scenario, the 1997 EIR identified the following mitigation measure: "The Port of Oakland would take actions necessary to acconunodate projected commercial jet aircraft arrivals on Runway 27L in 2010 rather than on Runway 27R, for the purpose of shifting the projected 65 CNEL contour from the I-880 corridor, where residential uses are located, to the west where land uses are generally industrial." The 1997 EIR explained that some of the steps that would be needed to implement this measure would be to "undertake feasibility studies" and to "install an instrument landing system for Runway 27L." D. Section 8 of the 2000 Settlement Agreement provides "The Port shall relocate the Instrument Landing,System {"ILS"), or such other current state-of--the-art system performing the functions of the ILS, from Runway 27R to Runway 27L as soon as reasonably practicable after the Obligations Effective Date and the Port is legally permitted to implement the ADP and relocate the ILS, or such other state-of--the-art system. Upon the reasonable written request from time-to-time by the City the Port shall provide the City with a progress reports sic] on the relocation." E. Subsequently, the Port reevaluted ADP-related operations in a Final Supplemental Environmental Impact Report dated December 2003 ("2003 SEIR"). The 2003 SEIR no longer included the assumption that pilots of passenger commercial aircraft would choose to land at the Airport's North Field. The 2003 SEIR states "This assumption was changed due to the decrease in projected arrivals and departures under all scenarios and following an analysis performed for the FAA demonstrating that Runway ~ 1/29 would not be as congested as previously assumed." Without