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REV: 02-16-23 MI <br />FIRST AMENDMENT TO LICENSE <br />AND ACCESS AGREEMENT <br />(Safeway Store #305, Redwood City, California) <br />THIS FIRST AMENDMENT TO LICENSE AND ACCESS AGREEMENT (this <br />“Amendment”), dated for reference purposes and made effective as of the 7th day of January <br />2023 (the “Effective Date”), is made by and between SAFEWAY INC., a Delaware <br />corporation (“Safeway”), and CITY OF REDWOOD CITY, a charter city and municipal <br />corporation of the State of California (“City”). <br />RECITALS: <br />A. Safeway and the City are parties to that certain License and Access Agreement dated <br />July 7, 2021 (“Agreement”), pursuant to which Safeway grants the City and its representatives <br />access to certain property of Safeway for the purpose of performing all actions necessary to <br />investigate, remediate and monitor the Environmental Condition at the Property (as defined in <br />the Agreement). Capitalized terms used in this Amendment shall have the meaning ascribed to <br />such terms in the Agreement unless otherwise defined in this Amendment. <br />B. Originally, the City was to complete all Work on or before eighteen months from the <br />Effective Date of the Agreement. Safeway and the City desire to amend the Agreement to <br />provide for a new completion date on the terms and conditions set forth herein. <br />NOW THEREFORE, in consideration of the foregoing Recitals and the parties' agreement to <br />the terms and conditions hereinafter contained, and for other good and valuable consideration, <br />the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: <br />AGREEMENT <br />1. Completion Date. Section 13 of the Agreement is hereby deleted and replaced with the <br />following: <br />“The City shall complete all the Work on or before August 31, 2023 (the <br />“Remediation Period”), provided that any groundwater monitoring required by the <br />Agency and pursuit of Case Closure from the Agency can continue to occur after the <br />Remediation Period but in all events must be completed prior to the expiration of the <br />term of this Agreement.” <br />2. Authority. Safeway and the City warrant and affirm to each other that any and all <br />persons signing this Amendment are authorized and empowered to so sign and such signing by <br />such person or persons does bind Safeway and the City to all the terms, covenants, and <br />conditions of the Amendment. <br />ATTY/AGR.2023/Amend. No.1/Safeway Inc. (Sequoia Station License and Access) (Page 1 of 3)