TEMPORARY RIGHT OF ENTRY (TROE) MARICOPA COUNTY ANTENNA AT GILA BEND AFAF - CLEAN.DOC

DEPARTMENT OF THE AIR FORCE
TEMPORARY RIGHT OF ENTRY
C-70-16-_____-__-00
Gila Bend AFAF, Gila Bend, AZ
The Secretary of the Air Force (the “Government” or “Air Force”), acting through the duly
delegated official who has signed this document, grants to Maricopa County, a political subdivision
of the State of Arizona (“Applicant”), a non-exclusive, non-assignable temporary right (“Right of
Entry”), revocable at the will of the Government, for the premises depicted and described in Exhibit
A (the “Premises”) for the period beginning at 7AM on 2 November, 2015, and ending at 5PM on 1
November, 2016. Maricopa County has a need to close gaps in their public safety and other
government communication capabilities in and around Gila Bend. They wish to build a 250’
antenna next to the existing, AF owned, tower at Gila Bend AFAF (HXCZ). Exercise of this Right
of Entry is subject to the following terms and conditions:
1. Applicant will use this Right of Entry without cost or expense to the Government and subject to
any regulations or directives that may be prescribed by the Government from time to time.
2. Any property of the Government damaged or destroyed by the Applicant incident to the exercise
of this Right of Entry must be promptly repaired or replaced by the Applicant to the satisfaction of
the Government, or, in lieu of repair or replacement, the Applicant must, if required by the
Government, pay to the Government money in an amount sufficient to compensate it for such
damage or destruction.
3. All portions of the Premises, including any improvements, must be protected and maintained in
good order and condition at all times by and at the expense of the Applicant to the extent of its
usage.
4. In consideration of the Air Force granting this Right of Entry, the Applicant agrees, to the
extent allowable by applicable law, to indemnify, defend, and hold harmless the Air Force, its
agents, officers, servants, and employees, from and against all liability or claims for injury,
death, or damage to person or property, including any of its contractors, subcontractors,
agents, consultants, employees, volunteers, contract bidders, or any other entity or individual,
which injury or damage arises by reason of the granting of access to, or presence on, or use of
the premises. The Applicant further agrees and covenants not to sue the Government, or any
of its officers, agents, servants, or employees, in connection with any such claim or suit.
5. The liability obligations of the Applicant must be secured by a policy of liability insurance in an
amount, and with terms, reasonably satisfactory to the Government under the circumstances, which
must be delivered to the Air Force before entry onto the Premises and must name the Government
as an additional insured without right of subrogation.
6. The Applicant must comply with all applicable Federal, State and local laws, regulations and
standards, including, without limitation, those regarding environmental protection and pollution
control and abatement.

7. Any notice under this Right of Entry must be given in writing, signed by a duly authorized
representative of the party giving such notice, and appropriately delivered or transmitted to the other
party.
8. Additional terms (if any): None.
Secretary of the Air Force
By: ____________________________
SCOTT L. PLEUS
Brigadier General, USAF
Commander, 56th Fighter Wing
MARICOPA COUNTY
By
Steve Chucri
Chairman of the Board of Supervisors
ATTEST:
Date
Clerk of the Board of Supervisors
APPROVED AS TO FORM:
Deputy County Attorney