PARCEL 112-18-123A EASEMENT.PDF

When recorded, return to: 
Arizona Dept. of Environmental Quality 
Remedial Projects Section 
1110 West Washington Street, Suite 127 
Phoenix, Arizona 85007-9973 
 
Water Quality Assurance Revolving Fund 
West Van Buren Site 
402 W. Lincoln St. – Phoenix, Arizona 
 
Maricopa County 
402 W. Jefferson St. 
Phoenix, Arizona 85003 
 
PROPERTY ADDRESS: 315 W. Buchanan St. historically known as 320 W. Lincoln St. 
Phoenix, Arizona 85003 
 
ASSESSOR’S PARCEL NUMBER: 112-18-123A 
 
ENVIRONMENTAL ACCESS AGREEMENT 
 
This Environmental Access Agreement (“Agreement”) is entered into by and 
between the Arizona Department of Environmental Quality (“ADEQ”) and 
Maricopa County, a government entity (“Owner”). Owner and ADEQ are referred 
to herein as the “Parties.”    
 
RECITALS 
 
A. 
Hazardous substances may have been released at or near real property 
located at 315 W. Buchanan St. historically known as 320 W. Lincoln St. 
Phoenix, Arizona 85003, Assessor’s Parcel Number 112-18-123A 
(“Property”). The Owner’s deeds are attached setting forth the legal 
description of the Property and marked “Exhibit 1.” The location of the 
Property is shown by the Map that is attached and marked “Exhibit 2.” 
 
B. 
In accordance with A.R.S. § 49-288, ADEQ desires to enter upon the 
Property to gather information, investigate, and conduct remedial actions 
(“Activities”) as authorized by A.R.S. Title 49, Chapter 2, Article 5. 
 
C. 
The Parties desire to state the terms upon which the ADEQ may enter upon 
the Property and conduct Activities.

AGREEMENT 
 
 
For good and valuable consideration, the receipt and adequacy of which is hereby 
mutually acknowledged, the Parties covenant and agree as follows: 
 
 
1. 
Recitals and Warranty of Title. The Recitals and Exhibits are a material part 
of this Agreement. Owner holds equitable and legal title to and exclusive possession of 
the Property. Owner has the authority to enter into this Agreement and represents that 
there is no tenant or other person currently in possession of the Property.  
 
 
2. 
Owner Liability. Owner does not admit liability for any contamination at 
the Property. ADEQ shall bear the cost of Activities, unless it determines others are 
responsible or otherwise liable for such costs. 
 
 
3. 
Grant of Right of Access. Owner grants an easement to ADEQ and its 
representatives, authorized agents, attorneys, investigators, consultants, advisers, and 
contractors to enter on, use, and occupy the Property for the purpose of conducting 
Activities. This Agreement is a covenant running with the land, binds Owner and Owner’s 
heirs, successors, tenants, and assigns, and will terminate only when ADEQ determines 
that the Activities are completed or should be discontinued and records a document 
expressly terminating this Agreement.  ADEQ may record this Agreement in the county 
where the Property is located.  
  
 
Owner shall not cause or allow any license, easement, encumbrance or any 
physical obstacle to be placed on the Property that may interfere with the Activities or 
ADEQ’s rights under this Agreement. Owner, or its authorized agent, will open any entry 
gate or door to and/or remove any lock on any applicable well on the Property. If ADEQ’s 
access is blocked or impaired, ADEQ, without notice to Owner, may remove the barrier 
or obstacle on the Property, and shall be entitled to immediate injunctive relief.   
 
 
4. 
Duty of Care. Owner and Owner’s agents, employees, contractors, invitees, 
and guests shall not hinder or interfere with the Activities and shall not damage or tamper 
with any equipment, wells, or other property used in connection with the Activities.   
 
 
5. 
Prior Notice of Activities. ADEQ will use reasonable efforts to give Owner 
at least three (3) days prior notice of sampling Activities and at least ten (10) days prior 
notice of all other the Activities to be conducted on the Property.  
 
 
6. 
Notices Required Under This Agreement.   
 
Notices from ADEQ to Owner shall be effective when given to: 
 
County Manager 
301 W. Jefferson Street

Phoenix, AZ 85003 
 
 
 
 
Telephone number:  602-372-0688 
 
Facilities Management Director 
401 W. Jefferson Street  
Phoenix, AZ 85003 
 
 
 
 
Telephone number:  602-372-3372 
 
Real Estate Director 
2801 W. Durango Street  
Phoenix, AZ 85009 
 
 
 
 
Telephone number:  602-506-4748 
 
Notices from Owner to ADEQ shall be effective when given to: 
 
Attention: Taylor Harris 
ADEQ – REMEDIAL PROJECTS SECTION 
1110 West Washington Street 
Phoenix, Arizona 85007; or 
Harris.taylor@azdeq.gov 
Telephone number: 602-771-6162 
 
If Owner changes its telephone number or mailing address for purposes of notice under 
this Agreement, written notice of the change shall be promptly given to ADEQ. 
 
 
7. 
Insurance. While this Agreement is in effect, ADEQ will maintain proof of 
insurance or self-insurance and will require its contractors to comply with the insurance 
provisions of the Arizona Superfund Response Action Contract. 
 
 
8. 
No Indemnity. Owner and ADEQ are responsible for only their own 
negligence in connection with the Activities conducted on the Property. Neither Party to 
this Agreement agrees to indemnify the other Party or hold harmless the other Party from 
liability hereunder.   
 
 
9. 
Damage to Property. ADEQ will repair any material damage it causes to the 
Property. Notwithstanding the foregoing, ADEQ may abandon any well it installs on the 
Property in accordance with Arizona Department of Water Resources’ rules for well 
abandonment and may seal all underground pipes it installs on the Property. Upon 
abandonment, all wells and underground pipes shall be in a condition that does not 
interfere with pedestrian or vehicular traffic on the Property. All abandoned wells and 
sealed underground pipes shall become the property of Owner. Owner shall have no right 
to compensation for or to demand the removal of the wells or pipes.

10. 
Default. If either Party defaults under this Agreement and the default 
continues for more than ten (10) days after the effective date of the Party’s written notice 
stating the specific nature of the default, then the Party may treat the default as a breach 
of this Agreement. Notwithstanding the foregoing, in the event Owner notifies ADEQ of a 
default, if ADEQ determines that the default cannot be cured within the ten-day notice 
period, then the default shall be deemed cured if ADEQ commences efforts to cure the 
default within the ten-day notice period. ADEQ’s inadvertent failure to give notice under 
Paragraph 5 is not a default under this Agreement. Owner’s failure to provide access 
under this Agreement is not subject to the ten-day notice period and is an immediate 
breach of this Agreement. 
 
 
11. 
Dispute Resolution. This Agreement shall be governed, interpreted, and 
enforced according to the laws of the State of Arizona.  Proper venue for any civil action, 
proceeding, or arbitration arising out of this Agreement shall be Maricopa County, 
Arizona. To the extent required by A.R.S. § 12-1518(B) and as set forth in A.R.S. § 12-133, 
at the direction of the court, the Parties shall submit any breach or dispute arising out of 
this Agreement to arbitration pursuant to Ariz. R. Civ. P. Rules 72-77. 
 
 
12. 
Exhibits to this Agreement. Exhibits to this Agreement are intended for 
informational purposes. If there is a conflict between the terms of this Agreement and an 
Exhibit to this Agreement, the terms of this Agreement shall control. 
 
 
13. 
Miscellaneous. (A) This Agreement may be canceled pursuant to A.R.S. § 
38-511; (B) this Agreement expresses the entire agreement of the Parties; (C) Owner 
agrees that Owner is not relying on any promise, agreement, or representation made by 
ADEQ except as stated in this Agreement; (D) no modification of this Agreement is valid 
or enforceable unless the terms of the modification are in writing and signed by the 
Parties; (E) this Agreement binds and inures to the benefit of the Parties and their agents, 
heirs, successors, assigns, transferees, executors, and personal representatives; (F) ADEQ 
shall retain possession of the fully executed original of this Agreement and Owner shall 
receive accurate copies; (G) this Agreement is effective when signed by the Parties; (H) 
ADEQ retains all access, investigative, and enforcement authority and all other rights and 
remedies available to it under any applicable law, statute, rule, and regulation; (I) this 
Agreement is subject to available funding and nothing shall bind ADEQ to expenditures in 
excess of funds appropriated and allotted for the purposes in this Agreement; (J) this 
Agreement shall be interpreted and enforced according to the laws of the State of 
Arizona; and, (K) this agreement may be signed in counterparts, each of which shall be 
treated as an original but which, when taken together, shall constitute one and the same 
Instrument.

MARICOPA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA 
(“PURCHASER”)  
RECOMMENDED FOR APPROVAL: 
MARICOPA COUNTY REAL ESTATE DEPARTMENT 
Alex Smith 
Date 
Director 
Maricopa County Real Estate Department 
APPROVED AND ACCEPTED: 
____________________________________ 
Name: ______________________________________
Its: Chairman__________________________________ 
State of ____________ ) 
 )  ss. 
County of __________ ) 
This Agreement was acknowledged before me this __________ day of 
__________, 20__ by _________________, as _Chairman_________ and authorized 
agent on behalf of Maricopa County__________. 
__________________________________________ 
Notary Public 
My commission expires: 
___________________ 
ATTEST: 
_____________________________ 
Clerk of the Board                     Date 
Approved as to Form 
______________________________ 
Deputy County Attorney            Date

ARIZONA DEPARTMENT OF  
 
 
 
 
ENVIRONMENTAL QUALITY, 
an agency of the State of Arizona, Grantee 
 
 
By__________________________________________  
Tina LePage, Manager 
        Remedial Projects Section 
 
 
Date_________________________________________