Agmt17 Safeway, Inc license and access

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ORIGINAL LICENSE AND ACCESS AGREEMENT THIS LICENSE AND ACCESS AGREEMENT ("Agreement") is made as of October 2017 (the "Effective Date"), by and between Safeway, Inc., a Delaware corporation ("Safeway") and City of Redwood City, a charter city and municipal corporation of the State of California ("City"). Safeway and the City are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". RECITALS A. Safeway is the owner of certain tracts of property located at the Sequoia Station Shopping Center located at 1071 El Camino Real, Redwood City, California, including that certain tract more commonly known as Assessor Parcel Number 052-550-130 which is illustrated on Exhibit A attached hereto and incorporated herein by this reference (the "Property"). B. Prior investigations at the Property have identified a potential 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. C. The San Francisco Bay Regional Water Quality Control Board (the "Agency") is requiring that the City and other parties evaluate the solvent plume. D. The City desires to access the Property to (i) maintain, monitor, inspect, periodically sample, and abandon existing groundwater monitoring wells currently located on the Property as well as any groundwater monitoring wells installed pursuant to this Agreement; (ii) inspect the Property to evaluate potential remedial options; and (iii) conduct three pilot test study activities in accordance with the Work Plan in the attached Exhibit B by drilling temporary injection points below ground surface and injecting abiotic and/or biotic enhancing reducing agents into the groundwater at the locations delineated in Exhibit B, attached hereto and incorporated herein by reference (collectively, the "Work'). E. The Parties desire to enter this Agreement to allow the City and its representatives to perform the Work on the Property in accordance with the terms hereof. 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. 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. The City has identified, and Safeway has reviewed and approved, the locations which are shown on Exhibit B and labeled as "PT -1 to PT -4", "D-25", and "PT -5 to PT -7" for the installation of new Page 1 of 10 REV: 10-18-17 MI ATTY/AGR.2017.235/Safeway, Inc. - Access Agreement