Agmt17 Safeway, Inc license and access

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damages, costs, expense or liability. The City shall not interfere with the ongoing usage or operations of the activities or business conducted on the Property or at the shopping center of which the Property is a part, including without limitation, vehicular access both to and from the shopping center and on the drive aisles or common areas located within the shopping center. 5. The City and its representatives agree not to incur any liens against the Property or any of the other tracts of land comprising the shopping center of which the Property is a part for the Work performed or materials famished in furtherance of the Work, or in any way attributable to the City's acts on or about the Property. The City agrees to indemnify, defend, and hold Safeway harmless from any such liens and/or claims of liens for the Work performed, materials furnished, or any other activities under control of the City which, pursuant to the laws of California, may become a lien on the Property or on any of the other tracts of land comprising the shopping center of which the Property is a part. 6. If the surface of the Property or any improvements thereon (including without limitation asphalt, utilities, striping, lighting, signage, and landscaping) shall be disturbed by the performance of the Work, then said surface or improvements shall be promptly repaired/restored by the City, at its sole cost, to the same condition which existed just prior to such disturbance. Said repairs/restoration will be made promptly after the date such damage/disturbance occurs except that with regard to closure of groundwater wells, such closure shall occur upon the earlier to occur of (i) thirty (30) days after the City has concluded its work related to such wells or (ii) no later than thirty (30) days prior to the termination of this Agreement. The City is responsible for locating utilities in the area where any wells will be installed. The City is further responsible for all costs and damage incurred by Safeway as a result of any damage to underground facilities in connection with the performance of the Work. 7. The covers for all monitoring wells must be even with the surrounding ground surface and must be adequate to support automobile and truck traffic. The City will immediately replace any broken well covers or other condition that poses a safety hazard. 8. The City agrees to collect in drums or comparable containers all soil, water and other substances obtained from the Work. All drums and comparable containers must be removed from the Property within five (5) business days of completion of the Work. The City shall dispose of all soils, water and other materials generated as a result of or used in connection with the Work at its sole cost and expense, and in compliance with law, and shall be listed as "generator" on all disposal manifests prepared in connection with the removal and disposal of such material or substances generated as part of the City's Work. 9. On completion of the Work, the City shall backfill and/or close all wells as its sole cost and expense, in accordance with all applicable laws, ordinances and regulations, including but not limited to the requirements of the Agency. 10. The City agrees to indemnify, reimburse, defend and save Safeway and its partners, directors, shareholders, members, officers, employees, subsidiaries, affiliated companies, Page 3 of 10 REV: 10-18-17 MI ATTY/AGR.2017.235/Safeway, Inc. -Access Agreement