FIRST AMENDMENT TO ACCESS AGREEMENT - LAFB & FCDMC.PDF

AFCEC Access Agreement, First Amendment.  Form Approved 2024 
Luke AFB; Agreement Number 645 
Page 1 of 6 
 
FIRST AMENDMENT 
 
TO 
 
ACCESS AGREEMENT 
 
FOR 
 
ENVIRONMENTAL ACTIVITIES 
 
 
 
This first amendment to the ACCESS AGREEMENT FOR ENVIRONMENTAL ACTIVITIES 
dated March 13, 2024, (this "First Amendment") is made and entered into by and between 
Maricopa County Flood Control District (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 and the Government entered into the ACCESS AGREEMENT FOR 
ENVIRONMENTAL ACTIVITIES, effective March 13, 2024 (the "Access Agreement"). 
 
B. The Access Agreement grants the Government, its employees, agents, authorized 
representatives, and contractors’ access to the Owner’s Property for the activities and purposes 
specified in Recitals B and C of the Access Agreement. 
 
C. Section 10 of the Access Agreement provides that the Owner and Government may amend the 
Access Agreement at any time by written instrument signed by both Parties. 
 
D. The Owner and Government desire to amend the document as set forth herein. 
 
 
AGREEMENTS 
 
NOW, THEREFORE, the Owner and the Government agree as follows: 
 
1. In Recitals A, after “Parcel 501-63-005F”, add “and Parcel 501-63-009B”. 
 
2. In Recitals C(i), change “one" to “two”. 
 
3. In Recitals C(i), C(ii), and C(iii), change “well” to “wells”. 
 
4. In Recitals E, after “Exhibit B”, add “and Exhibit C”.

AFCEC Access Agreement, First Amendment.  Form Approved 2024 
Luke AFB; Agreement Number 645 
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5. Add a section 2.1.1 that says, “For installation of the well on parcel 501-63-009B, the 
Government will provide the Owner a tentative installation schedule at least one (1) week 
prior to the work.  The Owner will be notified by phone call at least 48 hours prior to the 
first use of the access road so they can be present and ensure best practices are followed.” 
 
6. In section 4.2, replace the statement “Personally identifiable information (PII) such as names 
and addresses will not be released and remains protected from public release by the Freedom 
of Information Act (5 U.S.C. § 552).” with “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.” 
 
7. In section 15, Change "Exhibit B - Depiction of Location of Permitted Activities on 
Property" to "Exhibit B - Depiction of Location of Permitted Activities on Property (Parcel 
501-63-005F)." 
 
8. In section 15, add an entry to the list of exhibits as follows:  "Exhibit C - Depiction of 
Location of Permitted Activities on Property (Parcel 501-63-009B)." 
 
9. In Exhibit A, add "Parcel 501-63-005F:" Before the actual legal description. 
 
10. In Exhibit A, add the following entry below the legal description for Parcel 501-63-005F:  
"Parcel 501-63-009B: PT SE4 SE4 SEC 13 DAF COM SE COR SD SEC 13 TH W 623.79F 
TO TPOB TH CONT W 683.83F TO SW COR SE4 SE4 SD SEC 13 TH N 794.71F TH S 
76D 30M E 453.70F TH SELY 426.17F ALG TAN CUR TO RT TH S 384.82F TO TP OB 
EX S 55F RD.” 
 
11. Add the attached Exhibit C, depicting the location of permitted activities on Parcel 501-63-
009B, after Exhibit B. 
 
12. All other provisions of the March 13, 2024, Access Agreement are unchanged. 
 
13. Attachment.  Exhibit C, Depiction of Location of Permitted Activities on Property (Parcel 
501-63-009B). 
 
EFFECTIVE DATE 
 
This first amendment to the ACCESS AGREEMENT FOR ENVIRONMENTAL ACTIVITIES is 
effective on the last day signed by one of the Parties to this Agreement. 
 
IN WITNESS WHEREOF, the Parties, by their authorized representatives, hereby cause this First 
Amendment to be executed as indicated below. 
 
[SIGNATURES APPEAR ON THE FOLLOWING THREE PAGES.]

AFCEC Access Agreement, First Amendment.  Form Approved 2024 
Luke AFB; Agreement Number 645 
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Government Signature Page to the foregoing First Amendment to 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, Operations Division 
Environmental Management Directorate

AFCEC Access Agreement, First Amendment.  Form Approved 2024 
Luke AFB; Agreement Number 645 
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RECOMMENDED FOR APPROVAL: 
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
Paul Baughman 
 
 
Date 
Director – Chief Engineer and General Manager 
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. 
District General Counsel 
Date 
12/13/2024
12/16/2024
12/16/2024

AFCEC Access Agreement, First Amendment.  Form Approved 2024 
Luke AFB; Agreement Number 645 
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APPROVED 
 
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
 
 
 
 
 
 
 
 
 
 
 
Chairman of the Board 
 
 
Date 
 
Printed Name:  
 
 
 
 
 
 
 
ATTEST 
 
 
 
 
 
 
 
 
 
 
Clerk of the Board 
 
 
 
Date 
 
Printed Name:  
 
 
 
 
 
 
 
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 Board of 
Directors for the Flood Control District of Maricopa County. 
 
Given under my hand and seal of the office this  
day of   
 
 
 
 20 
. 
 
 
 
 
 
 
 
 
Notary Public (signature)

AFCEC Access Agreement, First Amendment.  Form Approved 2024 
Luke AFB; Agreement Number 645 
Page 6 of 6 
 
EXHIBIT C 
DEPICTION OF ADDITIONAL LOCATION OF PERMITTED ACTIVITIES ON 
PROPERTY (Parcel 501-63-009B)