2025-06-09 - PC 1427 -FINAL-ACCESS-AGREEMENT-MCDOT-LUKEAFB-NUEX-CZO-25-698-AF-SIGNED-DOCX.PDF
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AFCEC Access Agreement. Form Approved 2025
Luke Air Force Base; NUEX-CZO-25-698
1
ACCESS AGREEMENT
ENVIRONMENTAL ACTIVITIES
PREAMBLE
THIS ACCESS AGREEMENT ("Agreement") is made and entered into as of ________, 2025
(“Effective Date”), by and between Maricopa County (the “Owner”) and the United States of
America, acting by and through the Secretary of the Air Force or his or her authorized delegate
(“Government”). The Owner and Government are sometimes collectively referred to herein
individually as a “Party” or collectively as the “Parties.”
RECITALS
A. The Owner has jurisdiction over the Public Right of Way in Maricopa County, Arizona, along
West Maryland Avenue near North 125th Lane, along North El Mirage Road near West Maryland
Avenue and M R Tanner Mining Inc., and along North 127th Avenue near West Keim Drive,
outside Glendale city limits, as depicted in Exhibit A (the “Property”); and
B. The purpose of this Agreement is for the Owner to grant the Government, its employees,
agents, authorized representatives, and contractors, (each an “Authorized Party”) access to
the Owner’s Property for the activities and purposes described herein.
C. The Government is conducting a groundwater investigation near Luke Air Force Base.
Groundwater near the intersection of Bethany Home Road and North El Mirage Road is
known to be impacted by per- and polyfluoroalkyl substances (“PFAS”). The groundwater in
the vicinity of the Property needs to be evaluated to fully understand the extent of PFAS
impacts. The Government needs access to the Property to: (i) survey for, drill, and develop six
(6) monitoring wells; (ii) periodically sample the wells; and (iii) when such evaluation is
concluded, abandon the wells per Arizona Department of Water Resources guidelines; and
perform all related Government actions. These activities are collectively referred to as
“Permitted Activities.”
D. The Permitted Activities are being taken by the Government under its Defense Environmental
Restoration Program (“DERP”) pursuant to applicable environmental laws and requirements.
E. The locations of the Permitted Activities within the Property, including the approximate
locations of any equipment or structures, if installed, are depicted in Exhibit A. The proposed
wells are identified in Exhibit A, Figures 1, 2, 7, 8, and 5 as MW04100, MW04101,
MW04110, MW04111, and paired wells MW04106 and MW04107.
Docusign Envelope ID: 7762BE49-C414-4B16-9E64-5FB030BFB45E
AFCEC Access Agreement. Form Approved 2025
Luke Air Force Base; NUEX-CZO-25-698
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AGREEMENTS
NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings set
forth in this Agreement, Owner and the Government agree as follows:
1. Agreement Term.
1.1.
The term of this Agreement shall be for one (1) year commencing on the Effective
Date (the "Term"). Each Term shall automatically renew for four (4) subsequent periods
of the same length as the initial Term unless either Party gives the other Party written
notice of termination (the "Termination Notice") at the address provided in Section 11 at
least thirty (30) days prior to the expiration of the then current Term.
1.2.
Notwithstanding Section 1.1, either of the Parties may terminate this Agreement
without cause prior to the expiration of the current term by providing the other Party a
Termination Notice at the address provided in Section 11 at least two (2) months prior to
the termination date stated in the Termination Notice.
2. Access.
2.1.
An Authorized Party may enter upon the Property at mutually agreed times to
perform the Permitted Activities. Upon conclusion of any Permitted Activities the
Authorized Party will restore the Property to the Owner’s reasonable satisfaction. The
Government will provide Owner at least forty-eight (48) hours prior notice in any manner
described in Section 11 of its intention to enter the Property, unless the Government
determines the immediate entry is required for safety, environmental, operational, or
security purposes requiring such immediate entry.
2.2.
Ingress and Egress from other Right of Ways. The access right given to the
Government by this Agreement includes ingress and egress on other right of ways of the
Owner by an Authorized Party if such ingress and egress is necessary to access the
Property to perform the Permitted Activities.
2.3.
Interference/Conveyance/Transfer. The Owner will provide notice to the
Government either verbally or in writing, of any activities of the Owner which may
interfere with or preclude Government access to the Property and/or performance of any
of the Permitted Activities. If the Owner conveys any interest in the Property to a third
party, the Owner shall notify the Government prior to such conveyance in accordance with
Section 11 to avoid interruption of the Permitted Activities.
2.4.
Equipment Protection. No above-ground improvements shall be installed within
the Owner’s right of way, and all monitoring wells installed within the Owner’s right of
way shall be flush-mounted with the pavement or surrounding ground.
Docusign Envelope ID: 7762BE49-C414-4B16-9E64-5FB030BFB45E
AFCEC Access Agreement. Form Approved 2025
Luke Air Force Base; NUEX-CZO-25-698
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3. Costs and Expenses. The Government shall have sole responsibility for all costs and
expenses relating to the Permitted Activities.
4. Sampling Results.
4.1.
The Government will send Owner the results of any verified water or soil sampling
it performs on the Property either by email or regular mail to the address provided in
Section 11.
4.2.
In signing this Agreement, Owner understands that geographical information in the
form of latitude and longitude coordinates of sampling locations on this property will be
associated with specific sampling results shared with regulatory agencies supporting the
Government's cleanup efforts and may become publicly available. Agency or company
names and addresses associated with sampling data taken from government-owned or
commercial property may be shared with regulatory agencies and may become publicly
available.
5. Property Ownership. All tools, equipment, structures, and property taken or placed upon
the Property by or for the benefit of an Authorized Party shall remain the property of that
Authorized Party, unless an alternative disposition of such tools, equipment, structures and
other property is agreed to by the Parties. Such disposition shall be in compliance with
applicable laws.
6. Restoration of Property. Unless otherwise agreed by the Parties as provided in Section 5,
the Government will remove all equipment, systems and structures used or installed on the
Property upon expiration of the Agreement or other termination as provided for in this
Agreement and restore the Property to the reasonable satisfaction of the Owner.
7. Damages. The Government shall be responsible for damages to the Property which may
arise from or be directly attributable or incident to the Permitted Activities other than
damages to the Property caused by the negligence or wrongful act or omission of the Owner's
officers, members, partners, agents, employees, sublessees, licensees, invitees, and
contractors who may be on the Property. When the Government is responsible for damages it
may, at its option, either repair such damage or make an appropriate settlement with the
Owner. Nothing contained in this Agreement is intended to limit or waive the Government’s
protections or defenses under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680. The
provisions of this Section 7 shall survive the expiration or earlier termination of this
Agreement.
8. Governing Law. This Agreement shall be governed and construed, and the rights and
obligations of the Government and Owner hereunder shall be determined in accordance with
applicable federal law and, in the case where such federal law does not exist, in accordance
with applicable Arizona law. Provided however, that nothing in this Agreement shall be
construed to constitute a waiver of federal supremacy or federal sovereign immunity.
Docusign Envelope ID: 7762BE49-C414-4B16-9E64-5FB030BFB45E
AFCEC Access Agreement. Form Approved 2025
Luke Air Force Base; NUEX-CZO-25-698
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9. Government Obligations. Consistent with the Anti-Deficiency Act, 31 U.S.C. §§ 1517,
1541-1542, any payment of funds by the Government in connection with this Agreement shall
be subject to the availability of appropriated funds and shall not be interpreted as creating an
obligation or payment of funds in violation of the Anti-Deficiency Act or other applicable law
respecting federal funding, including but not limited to any commitment of future funding or
payment. Additionally, nothing contained in this Agreement may be considered as implying
that Congress would appropriate funds sufficient to meet any funding deficiencies.
10. Amendments. This Agreement may be amended at any time by mutual agreement of the
Parties in writing and signed by a duly authorized representative of each of them.
11. Notices. Unless otherwise agreed in writing by the Owner and the Government, or as
provided in Section 2.3, any notice or request given pursuant to this Agreement may be given
personal delivery or by mailing the same by regular mail or e-mail, addressed as follows:
If to the Owner:
Name: Maricopa County c/o Department of Transportation
Address:
2901 W. Durango Street,
Phoenix AZ 85009
Email:
Attention: Director –
Jesse.Gutierrez@maricopa.gov
Telephone:
602-506-8600
If to the Government: Department of the Air Force
Attn:
Dr. Kimberly Horsley,
AFCEC/CZOW
Organization:
56 CES/CEIE
Mailing Address:
13970 Gillespie Dr., Bldg 302
Luke AFB, AZ 85309-1149
Email:
kimberly.horsley@us.af.mil
Telephone:
(623) 856-9645
Or to such other address or addresses as the Owner or the Government may from time to
time designate in writing.
12. Representation of Owner. Reserved.
13. Execution in Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be an original and all of which shall constitute but one and the same
instrument.
14. Electronic Signatures. This Agreement and any other documents to be delivered herewith
may be electronically signed, and any electronic signatures appearing on this Agreement or
such other documents are the same as handwritten signatures for the purposes of validity,
enforceability, and admissibility.
Docusign Envelope ID: 7762BE49-C414-4B16-9E64-5FB030BFB45E
AFCEC Access Agreement. Form Approved 2025
Luke Air Force Base; NUEX-CZO-25-698
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15. List of Exhibits. Exhibits are attached hereto and made a part of this Agreement:
Exhibit A – Property Depiction and Location of Permitted Activities on Property
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
[SIGNATURES APPEAR ON THE FOLLOWING TWO PAGES.]
Government Signature Page to the foregoing Access Agreement
GOVERNMENT:
UNITED STATES OF AMERICA,
acting by and through the Secretary of the Air Force
By:
________________________________
KATY E. BREYER, GS-15, DAF
Chief, Environmental Operations Division
Air Force Civil Engineer Center (AFCEC)
Docusign Envelope ID: 7762BE49-C414-4B16-9E64-5FB030BFB45E
AFCEC Access Agreement. Form Approved 2025
Luke Air Force Base; NUEX-CZO-25-698
6
RECOMMENDED FOR APPROVAL:
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Jesse Gutierrez, P.E.
Date
Director
MARICOPA COUNTY REAL ESTATE DEPARTMENT
Alex Smith
Date
Director
APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.
Max Carpinelli
Date
Deputy County Attorney
APPROVED
GRANTOR: MARICOPA COUNTY
Chairman of the Board of Supervisors
Date
Printed Name: Thomas Galvin
Docusign Envelope ID: 7762BE49-C414-4B16-9E64-5FB030BFB45E
6/5/2025
6/5/2025
6/9/2025
AFCEC Access Agreement. Form Approved 2025
Luke Air Force Base; NUEX-CZO-25-698
7
ATTEST
Clerk of the Board
Date
Printed Name: Juanita Garza
STATE OF ARIZONA
)
)ss
COUNTY OF MARICOPA )
Before me,
, Notary Public in and for said County,
State of Arizona, on this day personally appeared , known to me to be the person whose name
is subscribed to the forgoing instrument as Chairman of the Maricopa County Board of Supervisors
for Grantor.
Given under my hand and seal of the office this
day of
20
.
Notary Public (signature)
Notary Stamp Seal
The notary public certifies that appropriate authorization has been issued by the Arizona
Secretary of State to allow electronic notarizations or remote online notarization pursuant to
A.R.S. § 41-276. This remote notarial act involved the use of communication technology.
Docusign Envelope ID: 7762BE49-C414-4B16-9E64-5FB030BFB45E
AFCEC Access Agreement. Form Approved 2025
Luke Air Force Base; NUEX-CZO-25-698
8
Docusign Envelope ID: 7762BE49-C414-4B16-9E64-5FB030BFB45E
AFCEC Access Agreement. Form Approved 2025
Luke Air Force Base; NUEX-CZO-25-698
9
EXHIBIT A
PROPERTY DEPICTION AND LOCATION OF PERMITTED ACTIVITIES ON PROPERTY
Docusign Envelope ID: 7762BE49-C414-4B16-9E64-5FB030BFB45E
AFCEC Access Agreement. Form Approved 2025
Luke Air Force Base; NUEX-CZO-25-698
10
Docusign Envelope ID: 7762BE49-C414-4B16-9E64-5FB030BFB45E
AFCEC Access Agreement. Form Approved 2025
Luke Air Force Base; NUEX-CZO-25-698
11
Docusign Envelope ID: 7762BE49-C414-4B16-9E64-5FB030BFB45E
AFCEC Access Agreement. Form Approved 2025
Luke Air Force Base; NUEX-CZO-25-698
12
Docusign Envelope ID: 7762BE49-C414-4B16-9E64-5FB030BFB45E
AFCEC Access Agreement. Form Approved 2025
Luke Air Force Base; NUEX-CZO-25-698
13
Docusign Envelope ID: 7762BE49-C414-4B16-9E64-5FB030BFB45E