Agmt21 Safeway Inc. License and Agreement

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scope of work for remediation of the Environmental Condition. The City shall incorporate reasonable comments from Safeway and obtain all necessary approvals from the 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." Safeway makes no representations or warranties of any kind or nature regarding the suitability or condition of the Property or the areas designated by the City for the performance of the Work. The rights of the City as established herein shall not constitute an easement or other interest in the Property except a non-exclusive license terminable in accordance with these provisions, and the license is not coupled with an interest. There is reserved to Safeway the right and privilege to use the Property at any time, in any manner, and for any purpose not inconsistent with the full use and enjoyment by the City of the express rights granted herein. In no event shall the City agree to a covenant and environmental restriction on the Property without the written approval of Safeway. 2. The City and its contractors shall not park or store their vehicles or equipment on the Property or on any of the other tracts of land comprising the shopping center of which the Property is a part, except, as authorized by each of Safeway and REG8 Sequoia Station, LLC or as otherwise provided herein. Subject to the terms of this paragraph, the City and its representatives shall have the right to use the area labelled as "Staging Area" on the map attached hereto and incorporated herein as Exhibit B for the sole purpose of storing materials and equipment as necessary to complete the Work, and shall, at all times, maintain access to the roadway adjacent to this Staging Area, labelled as "Roadway" on Exhibit B. Notwithstanding anything to the contrary set forth herein, use of the Staging Area is expressly limited and conditioned as follows: (a) the City and its contractors shall, at all times, maintain the Staging Area in a neat and orderly fashion; (b) during mobilization and prior to commencing Work on the site, the City shall install around the perimeter of the Staging Area a commercial customary temporary construction fence with opaque green netting; and (c) Safeway may rescind the right to use the Staging Area in the event the use is disruptive to the use, enjoyment or business operations of Safeway and/or tenants or others claiming by, through or under Safeway, provided that Safeway has given the City written notice of its concerns and reasonable time (but no less than seven (7) business days) to address any disruption concerns. 3. 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 Safeway true and correct copies of all data, reports, test results and site assessment information obtained pursuant to the Workand submitted to the Agency. The City shall provide three (3) days advance notice of entry onto the Property and shall provide an opportunity for Safeway to observe and, at Safeway's election and expense, to obtain split -samples of any REV: 05-07-2021 MI ATTY/AGR.2021.101/Safeway Inc. (Page 2 of 11)