Agmt21 REG8 Sequoia Station LLC Signed

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Agency prior to implementation of any amendment to the Work Plan. The implementation of the Work Plan and any amendment thereto shall be defined herein as the "Work." b. In no event shall the City agree to a use restriction on the Property, through a Covenant and Environmental Restriction document with the Agency, without the written approval of Regency, which shall not be unreasonably withheld; provided however, Regency shall not agree to any restriction that prohibits residential use or dewatering as part of construction and use of the Property. 2. Performance of the Work. a. The City or its representatives may enter onto the Property for the purpose of performing the Work authorized by this Agreement and for no other purpose. Prior to the installation of any injection wells or any other site disturbance, the City shall provide the proposed location of such wells to Regency for its review and approval, which shall not be unreasonably withheld. The rights of the City as established herein shall not constitute an easement or other interest in the Property except a license terminable in accordance with these provisions, and the license is not coupled with an interest. b. The City and its representatives shall conduct and diligently pursue the Work to completion, and shall comply with all federal laws, state laws, ordinances, required permits, approvals and regulations which apply in any manner to the Work. The City shall be responsible for all claims, damages, costs, expenses, or liabilities which may occur as a result of said Work, including without limitation any damages to utilities, and Regency's ability to approve the locations of said wells will not relieve the City from such responsibility for all claims, damages, costs, expense or liability. c. The Work shall be conducted at the City's sole cost and expense, without damage to the Property and in a professional and workmanlike manner. The City shall timely provide to Regency true and correct copies of all data, reports, test results and site assessment information obtained pursuant to the Work and submitted to the Agency. The City shall provide three (3) days advance notice of entry onto the Property and shall provide an opportunity for Regency to observe. Such attendance by Regency shall be optional and Regency is in no way required to have a representative present. d. All work in connection with the Work shall be performed between 8:00 a.m. and 6:00 p.m. or 9:00 p.m. and 6:00 a.m., Pacific Time, Monday through Sunday. In the event the City needs to perform the Work at other times, the City shall seek approval from Regency. The City shall not interfere with the ongoing usage or operations of the activities or business conducted on the Property. e. The City and its representatives may use a staging area, labelled as "Staging Area" on the map attached hereto and incorporated herein as Exhibit B, to complete the Work. The City and its representatives shall only use this staging area to store materials and equipment, as necessary, and shall maintain access to the roadway adjacent to this REV: 06-11-21 MI ATTY/AGR.2021.137/REG8 Sequoia Station, LLC (Sequoia Station Groundwater Remediation) (Page 2 of 12)