Agmt21 REG8 Sequoia Station LLC Signed

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staging area, labelled as "Roadway" on the map in Exhibit B. The City shall install a commercial temporary construction fence around the perimeter of the Staging Area. f. The City shall perform all actions required to obtain case closure from the Agency with respect to the Property, including but not limited to investigate, remediate, and monitor the Environmental Condition. Work, as defined herein, shall include the City's obligation to obtain such Case Closure. g. Upon completion of the Work, the City shall backfill and/or close all wells at its sole cost and expense, in accordance with all applicable laws, ordinances and regulations, including but not limited to the requirements of the Agency. 3. Duration of Remediation and Agreement Term a. The City shall complete all the Work on or before eighteen months from the Effective Date of this Agreement ("Remediation Period"), provided that any groundwater monitoring required by the Agency and pursuit of Case Closure from the Agency can continue to occur after this Remediation Period. b. The term of this Agreement shall terminate upon the earlier of receipt of Case Closure for the Environmental Conditions or five (5) years from the Effective Date. 4. Liens. The City and its representatives agree not to incur any liens against the Property for the Work performed or materials furnished in furtherance of the Work, or in any way attributable to the City's acts on the Property. The City agrees to indemnify, defend, and hold Regency 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. 5. Restoration and Repairs. If the surface of the Property or any improvements thereon 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 within fifteen (15) days after the date such damage/disturbance occurs except that with regard to closure of injection or 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. 6. Disposal. 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 5 business days of containerization/drum placement. The City shall dispose of all soils, waters 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 the "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. REV: 06-11-21 MI ATTY/AGR.2021.137/REG8 Sequoia Station, LLC (Sequoia Station Groundwater Remediation) (Page 3 of 12)