Agmt21 Safeway Inc. License and Agreement

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LICENSE AND ACCESS AGREEMENT THIS LICENSE AND ACCESS AGREEMENT ("Agreement") is made as of the 7 day of July 2021. (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 cleaner ("Roy's 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 ("Environmental Condition"). C. The San Francisco Bay Regional Water Quality Control Board (the "Agency") is requiring that the City remediate the Environmental Condition. D. The City desires to access the Property to perform such remediation and obtain a case closure letter from the Agency ("Case Closure"). E. The Parties desire to enter this Agreement to allow the City and its representatives to perform the remediation 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: City or its representatives may enter onto the Property for the purpose of performing all actions necessary to investigate, remediate and monitor the Environmental Condition in compliance with the Remedial Design Implementation Plan for Enhanced Reductive Bioremediation ("Work Plan"), as approved by the Agency on June 12, 2020, and for no other purpose. The Parties agree and acknowledge that the Work Plan may be amended from time to time subject to review and approval by Safeway in advance of implementation of any actions within such amendment. City shall provide Safeway, for its review and reasonable approval, an amendment to the work plan describing the REV: 05-07-2021 MI ATTY/AGR.2021.101/Safeway Inc. (Page 1 of 11)