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PROPERTY ACCESS AGREEMENT . 'v." T~ This ACCESS AGREEMENT (the "Agreement") is made as of this ,,'" day of þÆaý 2003, by and between THE CITY OF REDWOOD CITY, CALIFORNIA, (hereinafter referred to as "Licensee"), and REGENCY CENTERS, L.P., a Delaware limited partnership that owns property located at Sequoia Station, Redwood City, California ("Regency"). WHEREAS, Regency is the owner of certain real property, as described more particularly in Exhibit "A" attached hereto (the "Property"), located at 1001-1111 EI Camino Real, Redwood City, California 94063 which is a portion of certain real property commonly know as the Sequoia Station Shopping Center, the remaining portion of which is owned by Safeway Inc., a Delaware Corporation ("Safeway"); WHEREAS, Licensee seeks permission from Regency to access the Property at the locations specified on Exhibit "B" attached hereto and made a part hereof for the purpose of investigating halogenated volatile organic compounds ("HVQCs") 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 in the Proposal described below as part of a study Licensee is undertaking pursuant to the requirements of the San Francisco Bay Regional Water Quality Control Board (the "RWQCB") in order to further define the lateral and vertical extent of HVOCs in the vicinity of the Property (the "Work") and has engaged Mactec Engineering and Consulting, Inc. ("Consultant") to perform the Work. NOW, THEREFORE, for and in consideration of the promises and mutual covenants and conditions contained herein, Regency and Licensee agree as follows: 1. Licensee, its contractors and their employees, and invitees of Licensee shall be allowed non-exclusive, limited access to the Property for purposes of performing the Work. Before any Work is begun by Licensee under this Agreement, Licensee shall record and post a Notice ofNonresponsibility for the benefit of Regency. 2, The Work shall be limited to installing twelve (12) cone pentrometer test probes, three (3) direct push soil and ground water test probes and four (4) direct push soil gas survey probes as outlined as "Phase I-Environmental Site Characterization" in that certain proposal dated January 31, 2001 by Subsurface Consultants, Inc. (the "Proposal") provided to Regency and which has been approved by the RWQCB. Licensee, its contractors, agents and their employees shall not install any other well or other temporary or permanent testing devices on the Property other than as outlined in the Proposal, except for such non-material adjustments necessary due to in-field conditions. Any material adjustments to the Proposal shall require Regency's approval. 3. Licensee shall conduct the Work on the Property in full compliance with all applicable federal, state and local laws, rules and regulations and applicable regulatory requirements. 006.185089crossroads.changes SeqStaRegencyAccess042103r 04/21/03 -1- ,....,. ........_......~.....,....