Agmt21 REG8 Sequoia Station LLC Signed

Browse Search

LICENSE AND ACCESS AGREEMENT THIS LICENSE AND ACCESS AGREEMENT ("Agreement") is made as of the 7 day of July , 2021 (the "Effective Date"), by and between REG8 Sequoia Station, LLC ("Regency"), a Delaware limited liability company, and City of Redwood ("City"), a charter city and municipal corporation of the State of California. Regency and the City are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". RECITALS A. Regency is the owner of that certain 13 acre tract of property consisting of the Sequoia Station Shopping Center located at 1701 El Camino Real, Redwood, California, more particularly described in the attached Exhibit "A" (the "Property"). B. Prior investigations at the Property have identified a solvent groundwater plume related to an off-site dry cleaners (Roy Cleaners), which has caused solvent impact to the Property through the migration of the impact via a sanitary sewer line that runs under El Camino Real between Roy's Cleaners and the Property ("Environmental Condition"). C. The Regional Water Quality Control Board -San Francisco Region (the "Agency") is requiring that the City remediate the Environmental Condition. D. The City requires access to the Property to perform such remediation and obtain a case closure letter from the Agency. E. The Parties desire to enter into this Agreement to allow the City and its representatives to perform the remediation on the Property. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the receipt and adequacy of which are hereby acknowledged, the Parties do hereby covenant and agree to and with each other as follows: 1. Work Plan Approval. a. City shall perform all actions necessary to obtain case closure related to the Environmental Condition, including but not limited to investigate, remediate and monitor, in compliance with the Remedial Design Implementation Plan for Enhanced Reductive Bioremediation ("Work Plan") as approved by the Agency on June 12, 2020. The Parties agree and acknowledge that the Work Plan may be amended from time to time subject to review and approval by Regency in advance of implementation of any actions within such amendment. City shall provide Regency, for its review and reasonable approval, an amendment to the work plan describing the scope work for remediation Environmental Condition. The City shall incorporate reasonable comments from Regency and obtain all necessary approvals from the REV: 06-11-21 MI ATTY/AGR.2021.137/REG8 Sequoia Station, LLC (Sequoia Station Groundwater Remediation) (Page 1 of 12)