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This chapter and the rights and obligations set forth in the agreement codified in this chapter shall be for a period of twenty years.

A. Inability to Obtain De-obligation. The port fully anticipates that the FAA will approve de-obligation of the Panhandle Reserve and the Rockwell Reserve areas thereby permitting the port to record a native growth protection easement. In the unlikely event that the FAA is unable or unwilling to approve the de-obligation then the port and the city will meet and confer concerning the effect of the FAA’s inability to de-obligate. These discussions will include, but not be limited to, (i) termination of the agreement codified in this chapter, (ii) reduction in the agreement term, (iii) reduction of future vested development rights in the aeronautical area and/or (iv) addition of other reasonable mitigation requirements.

B. Airport Additional Attributes. Within three years of the execution of this agreement codified in this chapter the port shall install and thereafter maintain the facilities set forth in Exhibit “F: Figure 4,” or an alternative facility that achieves the same off-airport noise attenuation effect, subject to final design by an engineer qualified to design these structures. The port acknowledges that the construction of the facilities mentioned herein may not be eligible for FAA grant funding.

C. Tree Removal Term. Notwithstanding this term limitation, all tree and other obstruction removal and clearing shall be vested and be subject to the terms and condition of the agreement codified in this chapter for the period of thirty years. (Ord. 2992 § 1 (Att. A), 2016; Ord. 2794 § 1 (Att. A), 2008; Ord. 2696 § 2, 2005)