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7.1.E. - Page 3 <br /> LICENSE AND ACCESS AGREEMENT <br /> THIS LICENSE AND ACCESS AGREEMENT ( "Agreement') is made as of August <br /> 2014 (the "Effective Date "), by and between REG8 Sequoia Station, LLC ( "Regency ") and City <br /> of Redwood ( "City "). Regency and the City are sometimes hereinafter referred to individually <br /> as a "Party" and collectively as the "Parties ". <br /> RECITALS <br /> A. Regency is the owner of that certain 13 acre tract of property consisting of the Sequoia <br /> Station Shopping Center located at 1701 El Camino Real, Redwood, California, more <br /> particularly described in the attached Exhibit "A" (the "Property"). <br /> B. Prior investigations at the Property have identified a potential solvent groundwater plume <br /> related to an off -site dry cleaners (Roy Cleaners), which has caused solvent impact to the <br /> Property through the migration of the impact via a sanitary sewer line that runs under El <br /> Camino Real between Roy's Cleaners and the Property. <br /> C. The Regional Water Quality Control Board -San Francisco Region (the "Agency ") is <br /> requiring that the City and other parties to evaluate the solvent plume. <br /> D. The City desires to access the Property to (i) maintain, monitor, inspect, periodically <br /> sample, and abandon existing groundwater monitoring wells currently located on the <br /> Property as well as any groundwater monitoring wells installed pursuant to this <br /> Agreement and (ii) inspect the property to evaluate potential remedial options <br /> (collectively, the " Work "). <br /> E. The Parties desire to enter into this Agreement to allow the City and its representatives to <br /> perform the Work on the Property. <br /> AGREEMENT <br /> NOW, THEREFORE, in consideration of the mutual covenants and agreements <br /> contained in this Agreement, the receipt and adequacy of which are hereby acknowledged, the <br /> Parties do hereby covenant and agree to and with each other as follows: <br /> 1. City or its representatives may enter onto the Property for the purpose of performing the <br /> Work authorized by this Agreement and for no other purpose. Prior to the installation of <br /> any new groundwater monitoring wells, the City shall provide the proposed location of <br /> such wells to Regency for its review and approval, which shall not be unreasonably <br /> withheld. The rights of the City as established herein shall not constitute an easement or <br /> other interest in the Property except a license terminable in accordance with these <br /> provisions, and the license is not coupled with an interest. <br /> 2. The Work shall be conducted at the City's sole cost and expense. The City shall timely <br /> provide to Regency true and correct copies of all data, reports, test results and site <br /> assessment information obtained pursuant to the Work and submitted to the Agency. The <br /> ATTY /AGR /2014.164 /REGENCY- GENERAL SEQUOIA STATION ACCESS AGREEMENT <br /> REV: 09 -04-14 MLG <br /> Page 1 of 5 <br />