12.12.17 DRAFT ROE AF TO MARICOPA COUNTY ALSUP RD REPAIR (003) V2 CLEAN.....DOCX

Right of Entry No. USAF-AETC-NUEX-18-2-0053
C-64-18-____-M-00
Project TT0588
DEPARTMENT OF THE AIR FORCE
RIGHT OF ENTRY
TO MARICOPA COUNTY
TO USE PROPERTY LOCATED ON LUKE AFB, AZ
PREAMBLE
THE SECRETARY OF THE AIR FORCE (“Air Force” or “Government”) hereby grants
to Maricopa County and/or its designees and assigns (the “Grantee”), for a period of one (1)
year, beginning on 17 January, 2018, but revocable at the will of the Secretary of the Air Force, a
Right of Entry to allow entry of Grantee, its officers, employees, agents, and invitees upon that
certain property at Luke AFB, as described on Exhibit A and shown on Exhibit B, both attached
hereto and made a part of this Right of Entry (the “Property”). This Right of Entry is to be used
only for the purpose of repairing damage to Alsup Avenue to include removal and replacement
of a portion of installation security fence at the site in order to accomplish improvements. A
temporary fence will be constructed to maintain security. Road improvements include removal
and replacement of existing road surface, two (2) header walls, guard rails and three (3) 48”ea
corrugated metal pipe (CMP) with three (3) 48”ea rubber gasket reinforced concrete pipes
(RGRCP)with access barriers. The Air Force and the Grantee may be referred to as “Parties” or
separately as a “Party.”
THIS RIGHT OF ENTRY is granted subject to the following conditions:
1. The exercise of the privileges hereby granted shall be without cost or expense to the
Government, under the general supervision and subject to the approval of the installation
commander (“the Commander”), or his designated representative, and such reasonable rules and
regulations as the Commander may prescribe from time to time.
2. This Right of Entry shall be exercised only at reasonable times and upon reasonable
notice to the Commander’s representative on site, currently Steve Winkleblech. Prior to entering
the Property, the Grantee will notify the Commander’s representative by telephone (623) 856-
3638. One or more of Grantee’s employees, agents, or representatives shall accompany
Grantee’s invitees while such invitees are on the Property.
Form approved by
SAF/GCN 9 Jan 14 1
Previous versions are obsolete

Right of Entry No. USAF-AETC-NUEX-18-2-0053
3. Any property of the Government damaged or destroyed by the Grantee, its officers,
employees, agents, or invitees incident to the exercise of the privileges herein granted shall be
promptly repaired or replaced by the Grantee to the satisfaction of the Commander, or in lieu of
such repair or replacement, the Grantee shall, if so required by the Commander, pay to the
Government money in an amount sufficient to compensate for the loss sustained by the
Government by reason of such damage to or destruction of Government property.
4. The Government shall not be responsible for damages to property or injuries to
persons which may arise from or be incident to the exercise of the privileges granted under this
Right of Entry, or for damages to the property of the Grantee or for damages to the property or
injuries to the person of the Grantee's officers, employees, agents, or others who may be on the
Property at their invitation or the invitation of any one of them, arising from governmental
activities on the Property.
a. The Grantee agrees to assume all risks of loss or damage to property and injury or
death to persons by reason of the exercise of the privileges granted herein and expressly waives
all claims against the Government for any such loss, damage, personal injury or death occurring
as a consequence of the conduct of activities under this Right of Entry. The Grantee further
agrees, to the extent permitted by State law, to indemnify, save, hold harmless, and defend the
Government against all suits, fines, claims, or actions of any sort resulting from, related to, or
arising out of any activities conducted under or pursuant to this Right of Entry. This provision
shall survive the expiration or termination or revocation of this Right of Entry.
b. The Grantee shall carry adequate liability and indemnity insurance to protect the
Government against claims for bodily injury or death and for damage to property resulting from
the activities of the Grantee under this Right of Entry. The insurer shall have no right of
subrogation against the Government. The Grantee shall furnish the Government a letter of
assurance relating to the adequacy of its liability and indemnity insurance coverage.
5. No alterations or construction will be done under the privileges of this Right of Entry.
6. The routes of ingress and egress for the Grantee, its officers, employees, and agents,
shall be under the supervision of the Air Force caretaker representative to ensure compliance
with established security procedures.
7. The Grantee will comply with the provisions of all applicable Federal, State, and local
laws, rules, and regulations.
8. The Grantee will be solely responsible for compliance with all applicable
environmental laws or other legal requirements in conjunction with its exercise of the privileges
granted under this Right of Entry, including any taxes, fees, permits, fines, penalties, or other
requirements or costs associated with any environmental compliance or violations related to its
operations. The Grantee shall promptly take all steps necessary to clean up, abate, remove, or
Form approved by
SAF/GCN 9 Jan 14 2
Previous versions are obsolete

Right of Entry No. USAF-AETC-NUEX-18-2-0053
remediate any contamination for which it is responsible, including proper notification to
regulatory authorities, and will promptly notify the Commander of any such events.
9. The Grantee shall comply with the Luke AFB spill prevention control and
countermeasure plan, and hazardous materials/wastes plan.
10. All tools, equipment, and other property taken upon or placed upon the Property by
the Grantee shall remain the property of the Grantee and will be removed by the Grantee upon
expiration of this Right of Entry in accordance with Paragraph 12 below. The Grantee shall be
solely responsible for securing its tools, equipment, and other personal property on the Property.
11. This Right of Entry may be relinquished by the Grantee on two (2) business days'
written notice to the Commander.
12. On or before the date of expiration of this Right of Entry, or its revocation, or its
relinquishment by the Grantee, the Grantee shall, within such reasonable time as the Secretary of
the Air Force may designate, remove all its personal property therefrom. If the Grantee shall fail
or neglect to remove its property, then at the option of the Secretary of the Air Force, such
property shall either become the property of the Government without compensation therefor, or
the Secretary of the Air Force may cause the property to be removed at the expense of the
Grantee, and no claim for damages against the Government or its officers or agents shall be
created by or made on account of such removal and restoration.
13. No written communication under this Right of Entry shall be of any effect unless it is
signed by the duly authorized representative of the Party giving such communication and
delivered to the appropriate Party recipient as shown below.
a. Written communications to the Grantee shall be delivered by hand or by regular
mail addressed:
Maricopa County Real Estate Department
Attn: Director
2801 W. Durango Street
Phoenix, AZ 85009
b. Written communications to the Government shall be delivered by hand or by
regular mail addressed:
56 CES/CC
Attn: RPAO
13970 W. Gillespie Drive
Luke AFB. Arizona 85309-1149
14. Nothing in this Right of Entry shall be deemed to release the Government from any
liability it may have for cleanup, abatement, removal, or remediation of existing environmental
Form approved by
SAF/GCN 9 Jan 14 3
Previous versions are obsolete

Right of Entry No. USAF-AETC-NUEX-18-2-0053
problems under any applicable Federal or State environmental laws or regulations or to obligate
the Grantee to undertake such actions or make the Grantee liable therefor under this Right of
Entry.
15. The Grantee has inspected and knows the condition of the Property. It is understood
that the Air Force is granting this Right of Entry without any representation or obligation on the
part of the Government to make any alterations, repairs, or improvements to the Property.
16. The Grantee will reimburse the Government for any utilities and services the
Government provides to the Grantee during the existence of this Right of Entry. The Grantee
acknowledges and agrees that the Government is under no obligation to furnish any utilities or
services.
17. The Grantee shall not remove or disturb, or cause or permit to be removed or
disturbed, any historical, archeological, architectural, or other cultural artifacts, relics, vestiges,
remains, or objects of antiquity. In the event such items are discovered on the Property, the
Grantee shall immediately notify the Commander and protect the site and the material from
further disturbance until the Director gives written approval to proceed.
18. The Grantee shall not discriminate against any person because of race, color, age,
sex, religion, handicap, or national origin in the conduct of its activities hereunder.
19. This Right of Entry is effective only insofar as the rights of the Government in the
property involved is concerned, and the Grantee shall obtain such permission as may be
necessary on account of any other existing rights.
20. The Government may authorize use of the Property by others, subject to all of the
terms and conditions of this Right of Entry. The Grantee may not authorize use of the Property
by others. Use of the Property by others shall not relieve the Grantee of any of its obligations
hereunder.
21. This Right of Entry may only be extended, modified, or amended by mutual
agreement of the Parties in writing and signed by a duly authorized representative of each of the
respective Parties hereto.
22. This Right of Entry may not be transferred or assigned except as expressly provided
otherwise herein.
23. Minimum Wages Under Executive Order 13658 and 29 CFR Part 10. If the wages of
any of Grantee’s employees or contractors of any tier will be governed by the Fair Labor
Standards Act, the Davis Bacon Act, or the Services Contract Act, Grantee and Grantor must
comply with Executive Order 13658 and 29 C.F.R. Part 10, as may be in effect or modified from
time to time during the Term of this Easement.
This Right of Entry is not subject to Title 10 U.S.C. § 2662.
Form approved by
SAF/GCN 9 Jan 14 4
Previous versions are obsolete

Right of Entry No. USAF-AETC-NUEX-18-2-0053
IN WITNESS WHEREOF, I have hereunto set my hand by direction of the Secretary of
the Air Force this ______ day of _____________, 20__.
THE UNITED STATES OF AMERICA
By: ________________________________
BROOK J. LEONARD, Brig Gen, USAF
Commander, Luke AFB, AZ
State of ___________________
ss
County of _________________
This document was acknowledged before me, the undersigned Notary Public, by
_____________________________ on this the ______day of ________________, 20__
____________________________________
Notary Public, State of _________________
My commission expires:
Form approved by
SAF/GCN 9 Jan 14 5
Previous versions are obsolete

Right of Entry No. USAF-AETC-NUEX-18-2-0053
ACCEPTANCE
This Right of Entry, together with all its terms and conditions, is hereby accepted this
_____ day of ____________, 20__.
GRANTEE:
MARICOPA COUNTY,
a political subdivision of the State of Arizona
By: Chairman
Board of Supervisors
ATTEST:
Clerk of the Board of Supervisors Date
APPROVED AS TO FORM:
Deputy County Attorney Date
EXHIBIT A
MAP OF ROE PREMISES
Form approved by
SAF/GCN 9 Jan 14 6
Previous versions are obsolete

Right of Entry No. USAF-AETC-NUEX-18-2-0053
Form approved by
SAF/GCN 9 Jan 14 7
Previous versions are obsolete

Right of Entry No. USAF-AETC-NUEX-18-2-0053
EXHIBIT “B” – DEPICTION OF RIGHT OF ENTRY AREA
Project No. TT0588 – ALSUP AVENUE AT BETHANY HOME ROAD – Item No. D23452
Form approved by
SAF/GCN 9 Jan 14 8
Previous versions are obsolete