Agmt 14 REG8 Sequoia Station, LLC - License and Access

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�RiGIIV�� LICENSE AND ACCESS AGREEMENT THIS LICENSE AND ACCESS AGREEMENT("Agreemenf')is made as of Aargn�� 2014(the"EJ,�'ective Date"),by and between REG$ Sequoia Station, LLC("Regency'�and City of Redwood("City"). Regency and the City are sometimes hereinafter referred to individually as a"Party"and collectively as the"Parties". RECITALS A. Regency is the owner of that certain 13 acre tract of property consisting of the Sequoia Station Shopping Center located at 1701 El Camino Real, Redwood, California, more particularly described in the attached Exhibit"A"(the"Property"). B. Prior investigations at the Property have identified a patential solvent groundwater plume related to an off-site dry cleaners(Roy Cleaners), which has ca.used solvent impact to the Properiy through the migration of the impact via a sanitary sewer line tha.t runs under El Catnino Rea1 between Roy's Cleaners and the Froperty. C. The Regional Water Quality Control Board-San Francisco Region {the "Agency") is requiring that the City and other parties to evaluate the solvent plume. D. The City desires to access the Property to (i) maintain, monitor, inspect, periodically sample, and abandon e�cisting groundwater monitoring wells currently located on the Property as well as any groundwater monitoring wells installed pursuant to this Agreement and {ii) inspect the property to evaluate potential remedial options (collectively,the"Work"). E. The Parties desire to enter into this Agreement to allow the City and its representatives to perForm the Work on the Property. AGREEMENT NOW, THEREFORE, in consideration af the mutual oovenants 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. Prior to the installation of any new ground.water monitori.ng wells, the Ciry sha11 provide the proposed location of such wells to Regency for its review and approval, which sha11 not be unreasonably withheld. The rights of the City as established herein shall not constitute an easement or other interest in the Property except a license terminable in accordance with these 1?I'OV1S10A5, and the license is not coupled with an interest. 2. The Work shall be conducted at the City's sole cost and expense. The City shall timely provide to Regency true and correct copies of all data, reports, test results and site assessment inforrnation obtained pursuant to the Work and submitted to the Agency. The ATTYfAGR/2014.164/REGENCY-GENERAL SEQUOIA STATION ACCE55 AGREEMENT REV:09-04-14 ML6 Pege 1 of 5