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1 THE STATE OF ARIZONA DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS (DEMA) & THE ARIZONA NATIONAL GUARD RIGHT OF ENTRY FOR: MARICOPA COUNTY The State of Arizona Department of Emergency and Military Affairs and the Arizona National Guard (“DEMA”), in consideration of the mutual benefits described below, hereby grants to Maricopa County (“County”) (collectively, “Parties”), a non-exclusive right of entry as evinced by this Instrument upon the following terms and conditions: 1. DEMA hereby grants to County a non-exclusive right of entry to access, enter, cross, and use the Papago Park Military Reservation (“PPMR”) solely for the purpose of inspecting, maintaining, repairing, and/or removing the tank(s) located within the specific area described in Paragraph 2 of this Instrument (the “Permitted Area”). This right of entry is limited to the Permitted Area and the necessary access routes thereto, as reasonably required to accomplish the activities authorized herein. This Instrument and right of entry is for a period not to exceed ninety (90) days, beginning with the date of the signing of this Instrument (“Initial Entry Period”), and terminating with the earlier of the removal and closure of the tank(s), or the filing of a notice of termination. County shall have the option to extend the right of entry for up to two (2) additional consecutive periods of ninety (90) days each (each, an “Extension Period”), by providing written notice to DEMA at least ten (10) business days prior to the expiration of the then-current entry period. The total duration of the right of entry, including the Initial Entry Period and any Extension Periods, shall not exceed two hundred seventy (270) days. 2. The Permitted Area affected by this Instrument is located at the formerly leased Maricopa County Emergency Operations Center site, as referenced by County’s lease with DEMA (see 1975 Lease, attached hereto as “Attachment A”), in and around the area of PPMR, located at 5636 E. McDowell Road, Phoenix AZ 85008. This Permitted Area shall include the paved areas where the tank(s) is(are) located due north of the site, as well as include access to the north entry door of the facility. All storage of tools, equipment, vehicles, machinery, and other property owned or controlled by County and brought onto PPMR to accomplish the activities authorized herein shall remain within the fenced site of the Permitted Area. County shall coordinate with DEMA in the event that alternative storage arrangements or access to buildings other than those within the Permitted Area are necessary. 3. The rights herein assigned are for use by Maricopa County, its representatives, agents, contractors, and assigns, as a work area for continued tank inspections, tank removal, and any potential tank removal-related mitigation efforts. This includes the right to store, move, and remove tools, equipment, vehicles, machinery, and other property owned or controlled by County as limited by the scope set forth in Paragraphs 2, 4, and 5 of this instrument; investigate and collect soil samples in and around the area wherein the tank(s) is (are) located; and perform any other such work which may be necessary and incidental to County’s use for the closure of the tank(s) on PPMR. These assigned rights are subject to existing easements for public roads and highways, public utilities, railroads and pipelines; reserving, however, to DEMA, their heirs, Docusign Envelope ID: 7D2DD8B6-2136-418E-BF76-D0008949ACA4 2 executors, administrators, successors and assigns, all such right, title, interest, and privilege as may be used and enjoyed without interfering with or abridging the rights and right of entry hereby acquired. 4. This right of entry does not include the right of ingress and egress on other DEMA property. 5. All tools, equipment, vehicles, machinery, and other property taken upon or placed upon the land by County shall remain the property of County and must be removed by County within five (5) business days after the expiration or upon termination of this Instrument. 6. If any action of County’s employees or agents, through the exercise of this Instrument, results in damage to the real property, the County shall either repair such damage or make an appropriate settlement with DEMA. In no event shall such repair or settlement exceed the fair market value of the fee interest of the real property at the time immediately preceding such damage. The provisions of this clause are without prejudice to any rights DEMA may have to make a claim under applicable laws for any other damages than provided herein. 7. County agrees to indemnify, defend, and hold harmless the State of Arizona, the Department of Emergency and Military Affairs, the Arizona National Guard, and its agents, officers, employees, and servants from and against all liabilities, losses, expenses, damages, demands, attorney’s fees, injuries to persons (including death), and property damage which arise or are alleged to arise from the County’s entry onto, use of, or activities conducted on PPMR pursuant to this Instrument, except to the extent caused by the gross negligence or willful misconduct of DEMA. 8. This Instrument shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to this Instrument shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and the Parties hereby consent to the jurisdiction and venue of such courts. This Instrument is subject to A.R.S. § 38-511. The State of Arizona Department of Emergency and Military Affairs & the Arizona National Guard ____________________________________________ Date: ______________________________ Brigadier General John Conley Director of DEMA Adjutant General of the Arizona National Guard Maricopa County SEE PAGE 3 _____________________________ Date: ______________________________ Title:_____________________________________ Docusign Envelope ID: 7D2DD8B6-2136-418E-BF76-D0008949ACA4 3 MARICOPA COUNTY BOARD OF SUPERVISORS BY: _________________________________ Chairman, Board of Supervisors Date: ______________________ ATTEST: ________________________________ Clerk of the Board Date: ______________________ Approved as to form: ________________________________ Deputy County Attorney Date: ______________________ Docusign Envelope ID: 7D2DD8B6-2136-418E-BF76-D0008949ACA4 8/19/2025