Agmt 2003 City of Oakland Port Commissioners

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• • ADDENDUM TO SETTLEMENT AGREEMENT ORIGINAL This is�a Addendum to a Settlement Agreement("Addendum")dated for the convenience of the Parties hereto as of J 44 ! z z , 2003, and is entered into between the City of San Leandro, a municipal corporation("City"), the City of Oakland, a municipal corporation, acting by and through its Board of Port Commissioners(hereinafter"Port"),for the purpose of providing additional consideration and executing earlier than required some of the terms of that certain Settlement Agreement entered into as of November 17, 2000(hereinafter "Settlement Agreement") by and between City and Port(herein collectively referred to as the"Parties"). RECITALS WHEREAS, the Parties previously entered into the Settlement Agreement for the purpose of settling litigation related to the Port's certification of the Environmental Impact Report("EIR") and approval of the Port's Airport Development Program ("ADP")for expansion of the Metropolitan Oakland International Airport(the"Airport"); and WHEREAS, Port, subsequent to the effective date of the Settlement Agreement, separately entered into a series of agreements with the City of Alameda(hereafter"Alameda"), Citizens League for Airport Safety and Serenity (hereafter"CLASS"), and Berkeley Keep Jets Over the Bay Committee(hereafter"BKJOB"), for the purpose of settling claims related to adequacy of the ADP EIR and to Port approval of the ADP, specifically as follows: (1) The Amended and Restated Agreement by and between the Port and CLASS, Alameda, and BKJOB,dated November 14, 2001 (the"Phase 1 Agreement"); (2) Supplemental Agreement by and between Port and BKJOB,dated November 14, 2001; (3) Phase Two Agreement by and between Port and CLASS, Alameda and BKJOB, dated October 8, 2002(the"Phase 2 Agreement"); and (4) Supplemental Phase 2 Agreement by and between the Port and BKJOB,dated October 8, 2002. (The above-enumerated agreements are hereafter collectively referred to as the"Separate Agreements"); and WHEREAS, the Separate Agreements resolve issues that are similar to and in some cases identical to the issues resolved in the Settlement Agreement, and include several provisions that the Parties now agree should be executed in a manner which benefits and/or includes the participation of City; and WHEREAS,except for having to conduct a"Safety Summit"and provide City with a report setting forth Port's air disaster emergency response program as provided in Sections"7(b)"and"7(c)"of the Settlement Agreement, Port's Settlement Agreement obligations will not become effective unless and until Port has received Federal Aviation Administration("FAA")approval for the ADP, and all litigation challenging Port's and FAA's approval of the ADP is finally settled by negotiated settlement or final non-appealable judgment which would allow the ADP to proceed; and WHEREAS, the Parties are now aware that Port is required to prepare a new supplemental EIR("SEIR"), and Port's outstanding obligations under the Settlement Agreement with City will not become effective except as set forth above and as described in Section "13"of the Settlement Agreement; and 43080 1 Addendum to Settlement Agreement July 25,2003