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LICENSE AGREEMENT (Soil, Groundwater, and Soil Vapor Monitoring) 1. DA TE/P ARTIES/TITLE. 1.1 Date. ~tt::o03. 1.2 Parties. 1.2.1 SAFEW A Y INc., a Delaware corporation, whose address is 5918 Stoneridge Mall Road, Pleasanton, CA 94588-3229, Attn: Jeff Brown, Fax No. (925) 467-3126, and Safeway Inc. Real Estate Law, whose address is 5918 Stoneridge Mall Road, Pleasanton, CA 94588-3229, Atm: PDA Facility No. 5400, Fax No. (925) 467-3224 ("Licensor"). 1.2.2 The City of Redwood City, California, whose address is 1017 Middlefield Road, Redwood City, CA 94064, Attn: Director of Public Works Services, Fax No. (650) 780-7445 ("Licensee"). 1.2.3 Licensor and Licensee are collectively referred to in this Agreement as the "Parties" . 2. RECIT ALS. 2.1 Property. Licensor is the fee owner of a portion of certain real property commonly known as the Sequoia Station Shopping Center in the City of Redwood City, County of San Mateo, State of Cali fomi a ("Shopping Center"), shown on Exhibit "A" and more particularly described in Exhibit "B," both of which are attached to and made a part of this Agreement ("Subject Property"). The fee owner of the remaining portion of the Shopping Center is Regency Centers, LP., a Delaware limited partnership ("Regency"). 2.2 Purpose. Licensee now desires to enter the Subject Property and adjacent property which is also part of the Shopping Center to investigate halogenated volatile organic compounds ("HVOCs") in soil, groundwater, and soil vapor by making soil boring(s) (by means of auger drilling, geoprobe/hydropunch techniques, or cone penetrometer testing) and/or performing soil gas surveys in the locations shown on the work plan approved in \Hiting by Licensor pursuant to Section 4.7 (the "Testing"). Notwithstanding an)'1hing to the contrary contained in this Agreement, including without limitation Section 4.7 and Licensor's approval of the "Approved Work Plans" (defined below), in no event shall the Testing include the installation of any wells without further approval by Licensor. The Testing has been approved by the San Francisco Bay Regional Water Quality Control Board ("RWQCB") in order to evaluate further the lateral and vertical extent of HVOCs in the vicinity of the Property. 2.3 Existing Conditions. Licensor and Licensee agree that a plume of HVOCs lies beneath the surface of the Subject Property ("Plume"). 2.4 Consultant. Licensee has hired Mactec Engineering and Consulting, Inc. ("Consultant") to perform the Testing on the Subject Property. 5400 SEQ. STA EX 2 PDA F,\ClLlTY No, 5400 PAGE 1 MAY 12,2003 RED\\'OOD CITY, CA