Easement

City of Glendale — Regular Meeting (2026-01-13)

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Instrument Number: USAF-AETC-NUEX-26-2-0039
Form Approved By
SAF/GCN 10 May 2021
Previous Versions Obsolete

DEPARTMENT OF THE AIR FORCE

GRANT OF EASEMENT

FOR

CITY OF GLENDALE

LUKE AIR FORCE BASE, AZ

Instrument Number: USAF-AETC-NUEX-26-2-0039
Form Approved By
SAF/GCN 10 May 2021
Previous Versions Obsolete
TABLE OF CONTENTS
PREAMBLE .................................................................................................................................... 1
BASIC TERMS ............................................................................................................................... 1
1. TERM ...................................................................................................................................... 1
2. RENT ...................................................................................................................................... 1
3. CORRESPONDENCE .............................................................................................................. 2
4. USE OF EASEMENT AREA .................................................................................................... 2
5. ABANDONMENT OR TERMINATION OF EASEMENT ......................................................... 3
OPERATION OF THE EASEMENT AREA ................................................................................... 4
6. EASEMENTS AND RIGHTS OF WAY .................................................................................... 4
7. CONDITION OF EASEMENT AREA ....................................................................................... 5
8. MAINTENANCE OF EASEMENT AREA ................................................................................ 5
9. TAXES .................................................................................................................................... 5
10. INSURANCE ......................................................................................................................... 5
11. ALTERATIONS ..................................................................................................................... 7
12. COSTS OF UTILITIES/SERVICES......................................................................................... 8
13. RESTORATION ..................................................................................................................... 8
CHANGES IN OWNERSHIP OR CONTROL ................................................................................ 8
14. ASSIGNMENT ...................................................................................................................... 8
15. LIENS AND MORTGAGES ................................................................................................... 9
ENVIRONMENT ............................................................................................................................ 9
16. ENVIRONMENTAL PROTECTION ....................................................................................... 9
17. ASBESTOS-CONTAINING MATERIALS (ACM) AND LEAD-BASED PAINT ................... 10
18. SAFETY, HAZARDOUS MATERIALS, AND WASTE MANAGEMENT ............................. 11
19. HISTORIC PRESERVATION ............................................................................................... 11
20. INSTALLATION RESTORATION PROGRAM (IRP) ........................................................... 11
21. ENVIRONMENTAL BASELINE SURVEY / ENVIRONMENTAL CONDITION OF
PROPERTY .............................................................................................................................. 123
GENERAL PROVISIONS ............................................................................................................. 12
22. GENERAL PROVISIONS .................................................................................................... 12
23. SPECIAL PROVISIONS ....................................................................................................... 16
24. RIGHTS NOT IMPAIRED .................................................................................................... 16
25. APPLICABLE LAWS ........................................................................................................... 17
26. AVAILABILITY OF FUNDS ............................................................................................... 18
27. CONGRESSIONAL REPORTING ........................................................................................ 18
28. AMENDMENTS .................................................................................................................. 18
29. GENERAL INDEMNIFICATION BY GRANTEE ................................................................. 20
30. ENTIRE AGREEMENT ........................................................................................................ 20
31. CONDITION AND PARAGRAPH HEADINGS ............................................................. 20
32. STATUTORY AND REGULATORY REFERENCES ............................................................ 20
33. PRIOR AGREEMENTS ........................................................................................................ 20
34. EXHIBITS ........................................................................................................................... 20

Instrument Number: USAF-AETC-NUEX-26-2-0039
Form Approved By
SAF/GCN 10 May 2021
Previous Versions Obsolete
1
DEPARTMENT OF THE AIR FORCE
GRANT OF EASEMENT
PREAMBLE
THE UNITED STATES OF AMERICA, acting by and through the Secretary of the Air
Force (the "Government"), under and pursuant to the authority granted in 10 U.S.C. § 2668, the
Secretary of the Air Force having determined that no more land than needed for the Easement is
included herein, and the granting of this Easement is not against the public interest, does hereby
grant and convey to City of Glendale, a municipal corporation, duly incorporated in Maricopa
County, State of Arizona, ] (the “Grantee”), a nonexclusive Easement to operate and maintain
traffic signals, sidewalks, traffic signal equipment and all appurtenances (including but not
limited to sidewalks, crosswalks, pedestrian ramps, curbs and gutters) on, over, under, and across
the property on Luke Air Force Base (AFB), AZ, as described in Exhibit A and depicted on
Exhibit B (the “Easement Area”). The Grantor and Grantee may be referred to as Parties or
separately as a Party.
BASIC TERMS
1.
TERM
1.1
Term. This Grant shall be for a term of 25 years commencing 01 JAN 2026
(“Commencement Date”) and ending 31 DEC 2050 (“Expiration Date”) unless sooner
terminated.
1.2
Termination. The Government may terminate this easement at any time in the event of
national emergency as declared by the President or the Congress of the United States, base
closure, deactivation or substantial realignment, or in the interest of national defense upon 120
days’ written notice to Grantee. If the giving of such notice is impracticable under the
circumstances, the Secretary will use good faith efforts to give Grantee such advance written
notice as the circumstances permit.
2.
RENT
2.1
The sum of $0.00 dollars per annum, in advance on or before the Commencement Date,
and in a single lump sum. All payments which may be due under this Easement shall be made
payable to the Treasurer of the United States Special Funds Receipts Account 9751895700 and
forwarded by the Lessee directly to N/A. No cost easement due to exclusive benefit to the Air
Force clause in AFI32-9003, para. 4.7.

Instrument Number: USAF-AETC-NUEX-26-2-0039
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Previous Versions Obsolete
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3.
CORRESPONDENCE

3.1
Any notices pursuant to this Lease shall be given in writing by (a) personal delivery, or
(b) reputable overnight delivery service with proof of delivery, or (c) United States Mail, postage
prepaid, registered or certified mail, return receipt requested, or (d) email, in each case addressed
as follows:

GOVERNMENT:
56 CES/CEIAP
Luke Air Force Base
13790 Gillespie Dr., Luke AFB, AZ, 85309

GRANTEE:
City of Glendale, Engineering Dept
5970 West Brown Street, Suite 200
Glendale, AZ 58302

4.
USE OF EASEMENT AREA

4.1
Permitted Uses. The Grantee shall use the Easement Area solely for purposes of
operating and maintaining traffic signals, sidewalks, traffic signal equipment and all
appurtenances (including but not limited to sidewalks, crosswalks, pedestrian ramps, curbs and
gutters. Grantee’s use of the Easement Area shall comply, at Grantee’s sole cost and expense,
with all Applicable Laws, as defined in Section 25.1.1 below. The Grantee shall not use or
occupy the Easement Area in any manner that is unlawful, dangerous, or that results in waste,
unreasonable annoyance, or a nuisance to the Government.

4.2
Grantee Access. Grantee is granted the nonexclusive right to use the walkways, streets,
and roads on Luke AFB, Arizona in common with the Government and its grantees and licensees
for access to and from the Easement Area and the nearest public street or highway.

4.3
Government’s Right of Access And Inspection. Government shall have the right to
enter the Easement Area at any time and shall have the right to reasonably inspect Grantee’s use
of it and any of Grantee’s improvements or property placed thereon, without notice. Government
shall have the right to enter the Premises at any time and shall have the right to reasonably
inspect the Premises and Grantee’s property placed thereon. In accepting the privileges and
obligations established hereunder, Grantee recognizes that the Installation serves the national
defense and that Government will not permit the Grantee to interfere with the Installation's
military mission. This Installation is an operating military Installation which is closed to the
public and is subject to the provisions of the Internal Security Act of 1950, 50 U.S.C. § 797 and
of 18 U.S.C. § 1382. Access to the Installation is subject to the control of the Installation
Commander and is governed by such regulations and orders. Any access granted to Grantee, its
officers, employees, partners, members, contractors of any tier, agents, invitees, others who may
be on the Premises at their invitation, or assignees (“Grantee Parties”) is subject to such
regulations and orders. This Easement is subject to all regulations and orders currently
promulgated or which may be promulgated by lawful authority as well as all other conditions

Instrument Number: USAF-AETC-NUEX-26-2-0039
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Previous Versions Obsolete
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contained in this Easement. Violation of any such regulations, orders, or conditions may result in
the termination of this Easement. Such regulations and orders may, by way of example and not
by way of limitation, include restrictions on who may enter, how many may enter at any one
time, when they may enter, and what areas of the Installation they may visit, as well as
requirements for background investigations, including those for security clearances, of those
entering. Grantee is responsible for the actions of Grantee Parties while on the Installation.

4.4
Government’s Reasonable Regulation. The use and occupation of the Easement Area
and the exercise of the rights herein granted shall be subject to Government’s reasonable
restrictions and regulations regarding ingress, egress, safety, sanitation, and security, as
Government, or its duly authorized representatives, may from time to time impose.

4.5
No Obstructions. Neither party shall use the property nor construct, erect, or place any
objects, buildings, structures, signs, or wells of a permanent nature on, under, or over the
Easement Area that will unreasonably interfere with the other Party’s use of the premises, as set
out in this Easement or its reservations.

4.6
Limitation Of Grantee Rights. Except as is reasonably required to affect the purpose of
this Easement, the Grantee has no right of use, license, easement, servitude, or usufruct, for any
purpose, by necessity or otherwise, express or implied, on, over, across, or under any of the real
property of the Government, and the Grantee agrees not to assert any such right or interest by
reason of this Easement.

5.
ABANDONMENT OR TERMINATION OF EASEMENT

5.1
Termination. This Easement may be terminated in whole or in part by the Government
for Grantee’s failure to comply with the terms of this Easement, and Government may terminate
it for any part of the Easement Area that is abandoned or not used by the Grantee for 24
consecutive months. The Government shall give written notice of any termination, which shall
be effective as of the date of the notice.

5.2
Remedies For Non-Compliance. In the event the Grantee fails to comply with any
obligation under this Easement, the Government may pursue monetary damages, equitable relief,
or both, and the Grantee shall reimburse the Government for its attorney fees and costs.

Instrument Number: USAF-AETC-NUEX-26-2-0039
Form Approved By
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OPERATION OF THE EASEMENT AREA

6.
EASEMENTS AND RIGHTS OF WAY

6.1
This Easement is subject to all outstanding easements, rights of way, rights in the nature
of an easement, leases, permits, licenses, and uses (collectively, “Outgrants”) for any purpose
affecting the Easement Area. The Government may make additional Outgrants and make
additional uses that may affect the Easement Area. However, any such additional Outgrants
shall not be inconsistent with the use of the Easement Area by the Grantee under this Easement.

7.
CONDITION OF EASEMENT AREA

7.1
The Grantee has inspected and knows the condition of the Easement Area. It is
understood that the Easement is granted “as is, where is” without any warranty, representation,
or obligation on the part of the Government to make any alterations, repairs, improvements, or
corrections to conditions or to defects whether patent or latent. The Parties shall jointly perform
and sign or otherwise authenticate a Physical Condition Report at the beginning of the Easement
term to document the condition of the Easement Area. This report will be made a part of this
Easement as Exhibit C.

8.
MAINTENANCE OF EASEMENT AREA

8.1
Maintenance of Easement Area. The Grantee, at no expense to the Government, shall
at all times preserve, maintain, repair, and manage the Easement Area, Grantee improvements,
and Grantee equipment in an acceptable, safe, and sanitary condition in accordance with this
Easement.

8.2
Damage to Government Property. If the Grantee damages or destroys any real or
personal property of the Government, the Grantee shall promptly repair or replace such real or
personal property to the reasonable satisfaction of the Government. In lieu of such repair or
replacement, the Grantee shall, if so required by the Government, pay to the Government money
in an amount sufficient to compensate for the loss sustained by the Government by reason of
damage or destruction of Government property, including natural resources.

9.
TAXES

9.1
The Grantee shall pay to the proper authority, when and as the same become due and
payable, all taxes, assessments, and similar charges which, at any time during the term of this
Easement may be imposed on the Grantee or the Easement Area.

10.
INSURANCE

10.1
Risk of Loss. The Grantee shall in any event and without prejudice to any other rights of
the Government bear all risk of loss or damage or destruction to the Easement Area, and any
building(s), Easement Area improvements, Grantee equipment, fixtures, or other property
thereon, arising from any causes whatsoever, with or without fault by the Government, provided,

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Previous Versions Obsolete
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however, the Government shall not be relieved of responsibility for loss or damage that is solely
the result of the gross negligence or willful misconduct of the Government to the extent such loss
or damage is not covered by coverage of insurance required under this Easement.

10.2
Grantee Insurance Coverage. During the entire Easement Term, the Grantee, at no
expense to the Government, shall carry and maintain the following types of insurance;

10.2.1
Commercial general liability insurance, on an occurrence basis, insuring against
claims for bodily injury, death and property damage, occurring upon, in or about the Easement
Area, including any building thereon and sidewalks, streets, passageways and interior space used
to access the Easement Area. Such insurance must be effective throughout the Easement Term,
with limits of not less than $1,000,000 per occurrence, general aggregate and products and
completed operations aggregate, and include coverage for fire, legal liability, and medical
payments. This coverage may be provided under primary liability and umbrella excess liability
policies and shall include business auto liability insurance that insures against claims for bodily
injury and property damage arising from the use of “any auto” with a combined single limit of
$1,000,000 per accident. All liability policies shall be primary and non-contributory to any
insurance maintained by the Government

10.2.1.1
The insurance carried and maintained by the Grantee pursuant to Paragraph 10.2.1
shall provide coverage to protect the Government from any damage and liability for which the
Grantee is liable or responsible or agrees to hold harmless and indemnify the Government under
this Easement.

10.2.1.2
Commercial general liability and business auto liability insurance required
pursuant to Paragraph 10.2.1 shall be maintained for the limits specified and shall provide
coverage for the mutual benefit of the Grantee and the Government as an additional insured with
equal standing with the named insured for purposes of submitting claims directly with the
insurer.

10.2.2
Workers’ compensation or similar insurance covering all persons employed in
connection with the work and with respect to whom death or bodily injury claims could be
asserted against the Government or the Grantee, in form and amounts required by law (statutory
limits), and employers’ liability, with limits of $1,000,000 each coverage and policy limit.

10.3
General Requirements. All insurance required by this Easement shall be: (i) effected
under valid and enforceable policies, in such forms and amounts required under this Easement,
(ii) issued by Qualified Insurers defined for purposes of this paragraph as insurers authorized to
do business and to issue the insurance policies required under this Paragraph 10 in the State of
Arizona; (iii) provide that no reduction in amount or material change in coverage thereof shall be
effective until at least sixty (60) days after receipt by the Government of written notice thereof;
(iv) provide that any cancellation of insurance coverage based on nonpayment of the premium
shall be effective only upon ten (10) days’ written notice to the Government; (v) provide that the
insurer shall have no right of subrogation against the Government; and (vi) be reasonably
satisfactory to the Government in all other respects. Proceeds under all policies of insurance
carried and maintained to provide coverage required by this Paragraph 10 shall be available only

Instrument Number: USAF-AETC-NUEX-26-2-0039
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for the stated purposes of the insurance. Under no circumstances will the Grantee be entitled to
assign to any third-party rights of action that the Grantee may have against the Government in
connection with any insurance carried pursuant to this Paragraph.

10.4
Evidence of Insurance. The Grantee shall deliver or cause to be delivered upon
execution of this Easement (and thereafter not less than fifteen (15) days prior to the expiration
date of each policy furnished pursuant to this Paragraph 10), at the Government’s option, a
certified copy of each policy of insurance required by this Easement, or a certificate of insurance
evidencing the insurance and conditions relating thereto required by this Easement, in a form
acceptable to the Government, and including such endorsements necessary to afford additional
insured status.

10.5
Damage or Destruction of Easement Area. In the event all or part of the Easement
Area is damaged (except de minimis damage) or destroyed, the risk of which is assumed by the
Grantee under Paragraph 10.1, the Grantee shall promptly give notice thereof to the Government
and the Parties shall proceed as follows:

10.5.1
In the event that the Government, in consultation with the Grantee, determines that the
magnitude of damage is so extensive that the Easement Area cannot be used by the Grantee for
its operations and the repairs, rebuilding, or replacement of the Easement Area cannot reasonably
be expected to be substantially completed within three (3) months of the occurrence of the
casualty (“Extensive Damage or Destruction of Easement Area”), either Party may terminate this
Easement as provided in Paragraph 5.1. If this Easement is terminated pursuant to Paragraph
5.1, any insurance proceeds received as a result of any casualty loss to the Easement Area shall
be applied to the restoration of the Easement Area in accordance with Paragraph 13.

10.5.2
In the event that the Government, in consultation with the Grantee, shall determine
that Extensive Damage or Destruction of the Easement Area has not occurred, then neither Party
shall have the right to terminate this Easement. The Grantee shall, as soon as reasonably
practicable after the casualty, restore the Easement Area as nearly as possible to the condition
that existed immediately prior to such loss or damage. Any insurance proceeds received as a
result of any casualty loss to the Easement Area shall be applied first, to restoring the damaged
area and removing any related debris to the reasonable satisfaction of the Government and
second, to repairing, rebuilding, and/or replacing the Easement Area to the reasonable
satisfaction of the Government.

11.
ALTERATIONS

11.1
Alterations.

At least 30 days before doing any work to repair, build, alter, modify, or demolish any
improvements in the Easement Area, Grantee shall give written notice of its plans to the
Installation Commander through the Base Civil Engineer, who shall have the right to review and
approve or reasonably modify the plans and to place reasonable restrictions on Grantee’s access,
equipment, methods, materials, and manpower related to accomplishing the work, in order to

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ensure it is done consistent with Government’s use of the Easement Area and the operation of the
Installation.

11.2
Airfield Construction. Any new construction or alteration at the end of the runway, or
within lateral clear zones for the runway, shall comply with any applicable DAF requirements,
such as those contained in Unified Facilities Criteria (UFC) 3-260-01 titled "Airfield and
Heliport Planning and Design," dated 4 February 2019, as amended.

12.
COSTS OF UTILITIES/SERVICES

12.1
The Grantee shall be responsible for all utilities, janitorial services, refuse collection, and
building and grounds maintenance of the Easement Area without cost to the Government.

13.
RESTORATION

13.1
Grantee’s Removal Obligation. Upon the expiration, abandonment, or termination of
the Easement, Government may elect, in its sole discretion, to require Grantee to remove all its
improvements and other property from the Easement Area and restore the Easement Area at
Grantee’s sole expense to substantially the same condition that existed immediately before the
grant, all to Government’s satisfaction. Government shall give notice to Grantee of such election
within a reasonable time after learning of Grantee’s abandonment, or together with
Government’s notice of termination. Alternatively, at those same times, Government may elect
and give written notice to Grantee that some or all of Grantee’s easement improvements and any
other property Grantee may leave on the Easement Area will revert or be transferred to
Government. Such reversion or transfer in lieu of Grantee’s removal and restoration obligation
shall be automatic and at no cost to Government and shall be effective on the Easement
Expiration Date or the effective date of any abandonment or termination, without additional
consideration, therefore. Grantee shall execute any documentation reasonably requested by the
Government to confirm any transfer or conveyance.

13.2
Government Restoration of Easement Area. If Grantee fails to timely satisfy its
removal and restoration obligations, then at Government’s option, Grantee’s improvements and
personal property located on the Easement Area shall either become Government’s property
without compensation therefore or the Government may cause them to be removed or destroyed
and the Easement Area to be so restored at the expense of Grantee, and no claim for damages
against Government, its officers, employees, agents, or contractors shall be created by or made
on account of such removal or destruction and restoration work. Grantee shall reimburse
Government for any expenses it incurs to restore the Easement Area to the condition required by
this grant within thirty (30) days after the Government provides written notice to Grantee of the
reimbursement amount together with reasonable documentary support of the reimbursement
amount.
CHANGES IN OWNERSHIP OR CONTROL
14.
ASSIGNMENT
14.1
The Grantee may not assign this Easement without the prior written consent of the
Government.

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15.
LIENS AND MORTGAGES

15.1
Prohibition Against Liens and Mortgages on the Easement Area. The Grantee shall
not: (i) engage in any financing or other transaction creating any mortgage or security interest
upon the Easement Area; (ii) place or suffer to be placed upon the Easement Area any lien or
other encumbrance; (iii) suffer any levy or attachment to be made on the Grantee’s interests in
the Easement Area; or (iv) pledge, mortgage, assign, encumber, or otherwise grant a security
interest in the Easement Area or the rents, issues, profits, or other income of the Easement Area.

ENVIRONMENT

16.
ENVIRONMENTAL PROTECTION

16.1
Compliance with Applicable Laws. Grantee shall comply with all Applicable Laws and
standards for environmental protection, including flood plains, wetlands, and pollution control
and abatement, as well as for payment of all fines and assessments by regulators for the failure to
comply with such standards. Grantee shall also indemnify the Government to the full extent
permitted by law for any violation of such law, regulation, or standard and shall also reimburse
the Government for any civil or criminal fines or penalties levied against the Government for any
environmental, safety, occupational health, or other infractions caused by or resulting from
Grantee’s action or inaction or that of its officers, agents, employees, contractors, subcontractors,
licensees, or the invitees of any of them. In the event that any actions by Grantee including those
of its officers, agents, employees, contractors, subcontractors, licensees, or invitees cause or
contribute to a spill or other release of a substance or material, Grantee shall conduct any
required cleanup, abatement, or response action in accordance with all applicable federal, State
and local laws and regulations or, at the discretion of Government, indemnify Government for all
costs of completing such cleanup, abatement, or response action.

16.2
Environmental Permits. The Grantee shall obtain at its sole cost and expense any
environmental and other necessary permits required for its operations under this Easement,
independent of any existing permits.

16.3
Indemnification. The Grantee shall, to the extent permitted by law, indemnify the
Government, its agents and employees, from and against any loss, damage, claim, or liability
whatsoever resulting in personal injury or death, or damage of property of the Government and
others, directly or indirectly due to the negligent exercise by the Grantee of any of the rights
granted by the Easement, or any other negligent act or omission of the Grantee, including failure
to comply with the obligations of this Easement or of any Applicable Laws that may be in effect
from time to time.

16.4
Government Caused Environmental Damage. Grantee does not assume any of
Government’s liability or responsibility for environmental impacts and damage resulting from
Government’s activities; however, this provision does not relieve Grantee of any obligation or
liability it might have or acquire with regard to third parties or regulatory authorities by
operation of law.

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16.5
Records Maintenance and Accessibility. The Government’s rights under this Easement
specifically include the right for Government officials to inspect the Easement Area, upon
reasonable notice as provided under Paragraph 4.3, for compliance with Applicable Laws,
including environmental laws, rules, regulations, and standards. Such inspections are without
prejudice to the right of duly constituted enforcement officials to make such inspections.
Violations identified by the Government will be reported to the Grantee and to appropriate
regulatory agencies, as required by Applicable Laws. The Grantee will be liable for the payment
of any fines and penalties that may be imposed as a result of the actions or omissions of the
Grantee.

16.6
Grantee Response Plan. The Grantee shall comply with all Installation plans and
regulations for responding to hazardous waste, fuel, and other chemical spills
.
16.7
Pesticide Management. Any pesticide use will require prior Government approval.

16.8
Compliance with Water Conservation Policy. The Grantee will comply with the
Installation water conservation policy, as amended from time to time (to the extent that such
policy exists and the Grantee receives copies thereof), from the Commencement Date through
the Expiration Date.

16.9
Protection of Environment and Natural Resources. The Grantee will use all
reasonable means available to protect environmental and natural resources, consistent with
Applicable Laws and this Easement. Where damage nevertheless occurs, arising from the
Grantee’s activities, the Grantee shall be fully liable for any such damage.

16.10 Pesticides and Pesticide Related Chemicals in Soil. The Grantee acknowledges that
the surface soil on the Easement Area may contain elevated levels of pesticides and pesticide-
related chemicals applied in the normal course of maintaining the Easement Area. The Grantee
shall manage all such soil on the Easement Area in accordance with the requirements of any
Applicable Laws. The Government will not be responsible for the injury or death of any person
affected by such soil conditions

17.
ASBESTOS-CONTAINING MATERIALS (ACM) AND LEAD-BASED PAINT
(LBP)

17.1
Asbestos-Containing Materials (ACM). The Grantee is hereby notified that the
Easement Area may contain existing and former improvements, such as buildings, facilities,
equipment, and pipelines, above and/or below the ground that may contain ACM. The
Government is not responsible for any handling, removal or containment of asbestos or ACM, or
to the extent consistent with applicable law, for any liability related thereto.

17.2
Lead-Based Paint (LBP). The Grantee is hereby notified that LBP materials may be
present on exterior and interior surfaces of any facilities within the Easement Area or in the soil.
The Grantee will be responsible at its sole cost and expense for the management, maintenance,
removal and disposal of all LBP either located in or attributable to the Easement Area or any

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improvements located thereon, necessary or required in connection with the use of the Easement
Area. Removal and disposal of LBP must be carried out in compliance with all Applicable
Laws.

18.
SAFETY, HAZARDOUS MATERIALS, AND WASTE MANAGEMENT

18.1
Compliance With Health and Safety Plan. The Grantee agrees to comply with the
provisions of any health or safety plan in effect under the Installation Restoration Program (IRP)
(to the extent the Grantee has received notice thereof), or any hazardous substance remediation
or response agreement of the Government with environmental regulatory authorities (to the
extent the Grantee receives notice thereof if the agreement is not of public record) during the
course of any of the response or remedial actions described in Paragraph 20.3. Any inspection,
survey, investigation, or other response or remedial action will, to the extent practicable, be
coordinated with representatives designated by the Grantee. The Grantee and any assignees,
licensees, or invitees shall have no claim on account of such entries against the United States or
any officer, agent, employee, contractor, or subcontractor thereof, except to the extent permitted
under federal law, including the Federal Tort Claims Act.

18.2
Occupational Safety and Health. The Grantee must comply with all Applicable Laws
relating to occupational safety and health, the handling and storage of hazardous materials, and
the proper generation, handling, accumulation, treatment, storage, disposal, and transportation of
hazardous wastes.

19.
HISTORIC PRESERVATION

19.1
Grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any
historical, archaeological, architectural, or other cultural artifacts, relics, vestiges, remains, or
objects of antiquity, as defined in the National Historic Preservation Act, 54 U.S.C. § 300101;
Archaeological and Historic Preservation Act, 54 U.S.C. § 312501; Archaeological Resource
Protection Act, 16 U.S.C. § 470aa; Antiquities Act, 54 U.S.C. § 320301; and Native American
Graves Protection and Repatriation Act, 25 U.S.C. § 3001. In the event such items are
discovered on the Easement Area, Grantee shall cease its activities at the site and immediately
notify the Government and protect the site and the material from further disturbance until the
Government gives clearance to proceed. Any costs resulting from this delay shall be the
responsibility of Grantee.

20.
INSTALLATION RESTORATION PROGRAM (IRP)

20.1
IRP Records. On or before the Commencement Date, the Government shall provide the
Grantee access to Administrative Record and Information Repository applicable to the Easement
Area, if any, and thereafter shall provide to the Grantee a copy of any amendments to or
restatements of Administrative Record documents affecting the Easement Area. If the
Installation has been listed on the National Priorities List (NPL) at the time this Easement is
granted, or is listed subsequent to the granting of this Easement, the Government will provide the
Grantee with a copy of any Federal Facility Agreement (FFA) that is entered into between the
Government and the U.S. Environmental Protection Agency (USEPA), along with any

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amendments to the FFA when they become effective. Should any conflict arise between the
terms of the FFA as it may be amended and the provisions of this Easement, the terms of the
FFA shall govern.

20.2
No Liability for Interference. The Grantee expressly acknowledges that it fully
understands the potential for some or all of the IRP response actions to be undertaken with
respect to the IRP may impact the Grantee’s use of the Easement Area. The Grantee agrees that
notwithstanding any other provision of this Easement, the Government shall have no liability to
the Grantee should implementation of the IRP or other environmental cleanup requirements,
whether imposed by law, regulatory agencies, or the Government or the Department of Defense,
interfere with the Grantee’s use of the Easement Area. The Grantee shall have no claim or cause
of action against the United States, or any officer, agent, employee, contractor, or subcontractor
thereof, on account of any such interference, whether due to entry, performance of remedial or
removal investigations, or exercise of any right with respect to the IRP or under this Easement or
otherwise.

20.3
Government Right of Entry. The Government and its officers, agents, employees,
contractors, and subcontractors shall have the right, upon reasonable notice to the Grantee, to
enter upon the Easement Area for the purposes enumerated in this Paragraph.

20.3.1
To conduct investigations and surveys, including, where necessary, drilling, soil and
water samplings, testpitting, testing soil borings, and other activities related to the IRP;

20.3.2
To inspect field activities of the Government and its contractors and subcontractors in
implementing the IRP;

20.3.3
To conduct any test or survey related to the implementation of the IRP or
environmental conditions at the Easement Area or to verify any data submitted to the EPA or the
State Environmental Office by the Government relating to such conditions; and

20.3.4
To construct, operate, maintain, or undertake any other response or remedial action as
required or necessary under the IRP, including, but not limited to, monitoring wells, pumping
wells, and treatment facilities. Any investigations and surveys, drilling, testpitting, test soil
borings, and other activities undertaken pursuant to this Subparagraph 20.3.4 shall be conducted
in a manner that is as inconspicuous as practicable. Any monitoring wells, pumping wells, and
treatment facilities required pursuant to this Paragraph 20.3.4 shall be designed and installed to
be as inconspicuous as practicable. The Government shall attempt to minimize any interference
with the Grantee’s quiet use and enjoyment of the Easement Area arising as the result of such
wells and treatment facilities. The Government shall, subject to the availability of appropriations
therefor, repair any damage caused by its exercise of the rights in this Paragraph.

20.4
ACCESS FOR RESTORATION

20.4.1
Nothing in this Easement shall be interpreted as interfering with or otherwise limiting
the right of the DAF and its duly authorized officers, employees, contractors of any tier, agents,
and invitees to enter upon the Premises for the purposes enumerated in Paragraph 20.3 and for

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such other purposes as are consistent with the provisions of an Federal Facility Agreement (FFA)
or required to implement the IRP conducted under the provisions of 10 U.S.C. §§ 2701-2705.
The Grantee shall provide reasonable assistance to the DAF to ensure DAF’s activities under this
Paragraph 20.3 do not damage property of the Grantee on the Easement Area.

20.4.2
The United States Environmental Protection Agency (USEPA) and the state in which
the Easement Area is located, including their subordinate political units, and their duly
authorized officers, employees, contractors of any tier, and agents may, upon reasonable notice
to the Grantee and with DAF’s consent, enter upon the Premises for the purposes enumerated in
Paragraph 20.3 and for such other purposes as are consistent with the provisions of an FFA. The
Grantee shall provide reasonable assistance to USEPA and the State to ensure their activities
under this Paragraph 20.3 do not damage property of the Grantee on the Easement Area.

21.
ENVIRONMENTAL BASELINE SURVEY
ENVIRONMENTAL CONDITION OF PROPERTY

21.1
An Environmental Baseline Survey (“EBS”) for the Easement Area dated August 4,
2025 has been delivered to the Grantee and is attached as Exhibit D hereto. The EBS sets forth
those environmental conditions and matters on and affecting the Easement Area on the Easement
Commencement Date as determined from the records and analyses reflected therein. The EBS is
not, and shall not constitute, a representation or warranty on the part of the Government
regarding the environmental or physical condition of the Easement Area, and the Government
shall have no liability in connection with the accuracy or completeness thereof. In this regard the
Grantee acknowledges and agrees that the Grantee has relied, and shall rely, entirely on its own
investigation of the Easement Area in determining whether to enter into this Easement. A
separate EBS for the Easement Area shall be prepared by the Government, after the expiration or
earlier termination of this Easement (“Final EBS”). Such Final EBS shall document the
environmental conditions and matters on and affecting the Easement Area on the Expiration Date
as determined from the records and analyses reflected therein. The Final EBS will be used by
the Government to determine whether the Grantee has fulfilled its obligations to maintain and
restore the Easement Area under this Easement including, without limitation, Paragraph 13 and
Paragraph 16.

GENERAL PROVISIONS

22.
GENERAL PROVISIONS

22.1
Covenant Against Contingent Fees. The Grantee warrants that it has not employed or
retained any person or agency to solicit or secure this Easement upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee. Breach of this
warranty shall give the Government the right to annul this Easement without liability or in its
discretion to recover from the Grantee the amount of such commission, percentage, brokerage, or
contingent fee, in addition to the consideration herewith set forth. This warranty shall not apply
to commissions payable by the Grantee on the Easement secured or made through bona fide
established commercial agencies retained by the Grantee for the purpose of doing business.

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“Bona fide established commercial agencies” has been construed to include licensed real estate
brokers engaged in the business generally.

22.2
Officials Not to Benefit. No Member of, or Delegate to the Congress, or resident
commissioner, shall be admitted to any part or share of this Easement or to any benefit that may
arise therefrom, but this provision shall not be construed to extend to this Easement if made with
a corporation for its general benefit.

22.3
Facility Nondiscrimination. As used only in this Condition, the term “Facility” means
lodgings, stores, shops, restaurants, cafeterias, restrooms, and any other facility of a public nature
in any building covered by, or built on land covered by, this Easement.

22.3.1
The Grantee agrees that it will not discriminate against any person because of race,
color, religion, sex, or national origin in furnishing, or by refusing to furnish, to such person or
persons the use of any Facility, including any and all services, privileges, accommodations, and
activities provided on the Easement Area. This does not require the furnishing to the general
public the use of any Facility customarily furnished by the Grantee solely for use by any
assignees, licensees, or invitees or their guests and invitees.

22.3.2
The Parties agree that in the event of the Grantee’s noncompliance, the Government
may take appropriate action to enforce compliance, and may terminate this Easement for default
and breach as provided in Paragraph 5 or may pursue such other remedies as may be provided by
law.

22.4
Gratuities.

22.4.1
The Government may, by written notice to the Grantee, terminate this Easement if,
after notice and hearing, the Secretary of the Air Force or a designee determines that the Grantee,
or any agent or representative of the Grantee, offered or gave a gratuity (e.g., an entertainment or
gift) to any officer, official, or employee of the Government and intended, by the gratuity, to
obtain an easement or other agreement or favorable treatment under an easement or other
agreement, except for gifts or benefits of nominal value offered to tenants of the Easement Area
in the ordinary course of business.

22.4.2
The facts supporting this determination may be reviewed by any court having lawful
jurisdiction.

22.4.3
If this Easement is terminated under Paragraph 22.4.1, the Government shall be
entitled to pursue the same remedies against the Grantee as in a breach of this Easement by the
Grantee, and in addition to any other damages provided by law, to exemplary damages of not
fewer than three (3), or more than ten (10), times the cost incurred by the Grantee in giving
gratuities to the person concerned, as determined by the Government.

22.4.4
The rights and remedies of the Government provided in this Paragraph shall not be
exclusive, and are in addition to any other rights and remedies provided by law or under this
Easement.

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22.5
No Joint Venture. Nothing contained in this Easement will make, or shall be construed
to make, the Parties’ partners or joint venturers with each other, it being understood and agreed
that the only relationship between the Government and the Grantee under this Easement is that of
landlord and tenant. Nothing in this Easement will render, or be construed to render, either of
the Parties liable to any third party for the debts or obligations of the other Party.

22.6
Records and Books of Account. The Grantee agrees that the Secretary of the Air Force,
the Comptroller General of the United States, or the Auditor General of the United States DAF,
or any of their duly authorized representatives, shall, until the expiration of three (3) years after
the expiration or earlier termination of this Easement, have access to, and the right to examine,
any directly pertinent books, documents, papers, and records of the Grantee involving
transactions related to this Easement.

22.7
Remedies Cumulative; Failure of Government to Insist on Compliance. The
specified remedies to which the Government may resort under the terms of this Easement are
distinct, separate, and cumulative, and are not intended to be exclusive of any other remedies or
means of redress to which the Government may be lawfully entitled in case of any breach or
threatened breach by the Grantee of any provisions of this Easement. The failure of the
Government to insist on any one or more instances upon strict performance of any of the terms,
covenants, or conditions of this Easement shall not be construed as a waiver or a relinquishment
of the Government’s right to the future performance of any such terms, covenants, or conditions,
but the obligations of the Grantee with respect to such future performance shall continue in full
force and effect. No waiver by the Government of any provisions of this Easement shall be
deemed to have been made unless expressed in writing and signed by an authorized
representative of the Government.

22.8
Counterparts. This Easement may be executed in counterparts, each of which is
deemed an original and together will be deemed one and the same agreement. Signatures
delivered by facsimile or email, shall be deemed originals unless and until replaced by original
signatures.

22.9
Personal Pronouns. All personal pronouns used in this Easement, whether used in the
masculine, feminine, or neuter gender, will include all other genders.

22.10 Entire Agreement. It is expressly agreed that this written instrument, together with the
provisions of other documents that are expressly incorporated by reference by the terms of this
Easement, embodies the entire agreement between the Parties regarding the use of the Easement
Area by the Grantee. In the event of any inconsistency between the terms of this Easement and
of any provision that has been incorporated by reference, the terms of this Easement shall
govern. There are no understandings or agreements, verbal or otherwise, between the Parties
except as expressly set forth in this Easement.

22.11 Partial Invalidity. If any term or provision of this Easement, or the application of the
term or provision to any person or circumstance, is, to any extent, invalid or unenforceable, the
remainder of this Easement, or the application of the term or provision to persons or

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circumstances other than those for which the term or provision is held invalid or unenforceable,
will not be affected by the application, and each remaining term or provision of this Easement
will be valid and will be enforced to the fullest extent permitted by law.

22.12 Interpretation of Easement. The Parties and their legal counsel have participated fully
in the negotiation and drafting of this Easement. This Easement has been prepared by the Parties
equally, and should be interpreted according to its terms. No inference shall be drawn that this
Easement was prepared by, or is the product of, either Party.

22.13 Identification of Government Agencies, Statutes, Programs, and Forms. Any
reference in this Easement, by name or number, to a government department, agency, statute,
regulation, program, or form shall include any successor or similar department, agency, statute,
regulation, program, or form.

22.14 Approvals. Any approval or consent of the Parties required for any matter under this
Easement shall be in writing and shall not be unreasonably withheld, conditioned or denied
unless otherwise indicated in this Easement.

22.15 Third-Party Beneficiaries. There shall be no third-party beneficiaries of this Easement
and none of the provisions of this Easement shall be for the benefit of, or enforceable by, any
creditors of the Grantee.

22.16 No Individual Liability of Government Officials. No covenant or agreement contained
in this Easement shall be deemed to be the covenant or agreement of any individual officer,
agent, employee, or representative of the Government, in his or her individual capacity, and none
of such persons shall be subject to any personal liability or accountability by reason of the
execution of this Easement, whether by virtue of any constitution, statute, or rule of law, or by
the enforcement of any assessment or penalty, or otherwise.

22.17 Excusable Delays. The Government and Grantee shall be excused from performing an
obligation or undertaking provided for in this Easement, and the period for the performance of
any such obligation or undertaking shall be extended for a period equivalent to the period of such
delay, so long as such performance is prevented or unavoidably delayed, retarded, or hindered by
an act of God; fire; earthquake; flood; explosion; war; invasion; insurrection; riot; mob; violence;
sabotage; act of terrorism; inability to procure or a general shortage of, labor, equipment,
facilities, materials, or supplies in the open market; failure or unavailability of transportation,
strike, lockout, action of labor unions; a taking by eminent domain, requisition, laws, orders of
government, or of civil, military, or naval authorities (but only such orders of a general nature
pertaining to the Easement Area and comparable properties in the state in which the Easement
Area is located; governmental restrictions (including, without limitation, access restrictions
imposed by the Government and arising without fault or negligence on the part of the Grantee
that significantly hinder the Grantee’s ability to access the Easement Area and perform its
obligations under the Development Plan in a timely manner); required environmental
remediation; or any other cause, whether similar or dissimilar to the foregoing, not within the
reasonable control, and without the fault or negligence of, the Government or the Grantee, as the
case may be, and/or any of their respective officers, agents, servants, employees, and/or any

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others who may be on the Easement Area at the invitation of the Grantee, or the invitation of any
of the aforementioned persons, specifically excluding, however, delays for adjustments of
insurance and delays due to shortage or unavailability of funds (collectively, “Excusable
Delays”). Nothing contained in this Paragraph 22.17 shall excuse the Grantee from the
performance or satisfaction of an obligation under this Easement that is not prevented or delayed
by the act or occurrence giving rise to an Excusable Delay.

23.
SPECIAL PROVISIONS

Reserved

24.
RIGHTS NOT IMPAIRED

24.1
Rights Not Impaired. Nothing contained in this Easement shall be construed to
diminish, limit, or restrict any right, prerogative, or authority of the Government over the
Easement Area relating to the security or mission of the Installation, the health, welfare, safety,
or security of persons on the Installation, or the maintenance of good order and discipline on the
Installation, as established in law, regulation, or military custom.

24.2
Installation Access. The Grantee acknowledges that it understands that the Installation
is an operating military Installation that could remain closed to the public and accepts that the
Grantee’s operations may from time to time be restricted temporarily or permanently due to the
needs of national defense. Access on the Installation may also be restricted due to inclement
weather and natural disasters. The Grantee further acknowledges that the Government strictly
enforces federal laws and DAF regulations concerning controlled substances (drugs) and that
personnel, vehicles, supplies, and equipment entering the Installation are subject to search and
seizure pursuant to Applicable Laws and regulations. The Government will use reasonable
diligence in permitting the Grantee access to the Easement Area at all times, subject to the
provisions of this paragraph. Notwithstanding the foregoing, the Grantee agrees the Government
will not be responsible for lost time or costs incurred due to interference, delays in entry,
temporary loss of access, barring of individual employees from the Installation under federal
laws authorizing such actions, limitation, or withdrawal of an employee’s on-base driving
privileges, or any other security action that may cause employees to be late to, or unavailable at,
their work stations, or delay arrival of parts and supplies. The Government retains the right to
refuse access to the Easement Area by the Grantee’s parties. The Grantee, its assignees,
employees, and invitees fully agree to abide with all access restrictions imposed by the
Government in the interest of national defense.

24.3
Permanent Removal and Barment. Notwithstanding anything contained in this
Easement to the contrary, pursuant to Applicable Laws and regulations, the Government has the
right at all times to order the permanent removal and barment of anyone from the Installation,
including but not limited to assignees, if it believes, in its sole discretion, that the continued
presence on the Installation of that person represents a threat to the security or mission of the
Installation, poses a threat to the health, welfare, safety, or security of persons occupying the
Installation, or compromises good order and/or discipline on the Installation.

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24.4
No Diminishment of Rights. Except as provided in Paragraph 24.1, nothing in this
Easement shall be construed to diminish, limit, or restrict any right of the Grantee under this
Easement, or the rights of any assignees, licensees, or invitees as prescribed under their
easements or Applicable Laws.

25.
APPLICABLE LAWS

25.1
Compliance With Applicable Laws. The Grantee shall comply, at its sole cost and
expense (except for matters for which the Government remains obligated hereunder pursuant to
Paragraph 16), with all Applicable Laws including without limitation, those regarding
construction, demolition, maintenance, operation, sanitation, licenses, or permits to do business,
protection of the environment, pollution control and abatement, occupational safety and health,
and all other related matters. The Grantee shall be responsible for determining whether it is
subject to local building codes or building permit requirements, and for compliance with them to
the extent they are applicable.

25.1.1
“Applicable Laws” means, collectively, all present and future laws, ordinances, rules,
requirements, regulations, and orders of the United States, the State where the Easement Area is
located and any other public or quasi-public federal, State, or local authority, and/or any
department or agency thereof, having jurisdiction over the Project (“Project” means, collectively,
the Easement Area and the Easement Area Improvements) and relating to the Project or
imposing any duty upon the Grantee with respect to the use, occupation, or alteration of the
Project during the Easement Term.

25.2
Permits, Licenses, and Approvals. The Grantee will be responsible for and obtain, at
its sole expense, prior to the commencement of construction and demolition, and upon
completion of the building of Easement Area improvements, any approvals, permits, or licenses
that may be necessary to construct, occupy, and operate the Grantee improvements and Grantee
equipment in compliance with all Applicable Laws.

25.3
No Waiver of Sovereign Immunity. Nothing in this Easement shall be construed to
constitute a waiver of federal supremacy or federal sovereign immunity. Only laws and
regulations applicable to the Easement Area under the Constitution and statutes of the United
States are covered by this Paragraph. The United States presently exercises Proprietorial federal
legislative jurisdiction over the Easement Area.

25.4
Grantee Responsibility for Compliance. Responsibility for compliance as specified in
this Paragraph 25 rests exclusively with the Grantee. The Government assumes no enforcement
or supervisory responsibility, except with respect to matters committed to its jurisdiction and
authority. The Grantee shall be liable for all costs associated with compliance, defense of
enforcement actions or suits, payment of fines, penalties, or other sanctions and remedial costs
related to the Grantee’s use and occupation of the Easement Area.

25.5
Grantee Right to Contest. The Grantee shall have the right to contest by appropriate
proceedings diligently conducted in good faith, without cost or expense to the Government, the
validity or application of any law, ordinance, order, rule, regulation, or requirement of the nature

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referred to in this Paragraph 25. The Government shall not be required to join in or assist the
Grantee in any such proceedings.

26.
AVAILABILITY OF FUNDS

26.1
The obligations of any Party to this Easement or of any transferee of the Easement shall
be subject to the availability of appropriated funds for any such obligation, unless such Party or
transferee is a non-appropriated fund instrumentality of the United States. No appropriated funds
are obligated by this Easement.

27.
CONGRESSIONAL REPORTING

This Easement is not subject to 10 U.S.C. § 2662.

28.
AMENDMENTS

28.1
This Easement may be amended at any time by mutual agreement of the Parties in
writing and signed by a duly authorized representative of each of the respective Parties.

29.
GENERAL INDEMNIFICATION BY GRANTEE

29.1
No Government Liability. Except as otherwise provided in this Easement, the
Government shall not be responsible for damage to property or injuries or death to persons that
may arise from, or be attributable or incident to, the condition or state or repair of the Easement
Area, or the use and occupation of the Easement Area, or for damages to the property of the
Grantee, or injuries or death of the Grantee’s officers, agents, servants, employees, or others who
may be on the Easement Area at their invitation or the invitation of any one of them.

29.2
Grantee Liability. Except as otherwise provided in this Easement, the Grantee agrees
to assume all risks of loss or damage to property and injury or death to persons by reason of, or
incident to, the possession and/or use of the Easement Area by the Grantee, the Grantee’s
officers, agents, servants, employees, or others (excluding those employees or agents of the
Government who are on the Easement Area for the purpose of performing official duties) who
may be on the Easement Area at their invitation or the invitation of any one of them (the
“Grantee Parties”), or the activities conducted by or on behalf of the Grantee Parties under this
Easement. The Grantee expressly waives all claims against the Government for any such loss,
damage, bodily injury, or death caused by, or occurring as a consequence of, such possession
and/or use of the Easement Area by the Grantee Parties, or the conduct of activities or the
performance of responsibilities under this Easement. The Grantee further agrees, to the extent
permitted by Applicable Laws, to indemnify, save, and hold harmless the Government, its
officers, agents, and employees, from and against all suits, claims, demands or actions, liabilities,
judgments, costs, and attorneys’ fees arising out of, claimed on account of, or in any manner
predicated upon bodily injury, death, or property damage resulting from, related to, caused by, or
arising out of the possession and/or use of any portion of the Easement Area, or any activities
conducted or services furnished by or on behalf of the Grantee Parties in connection with, or
pursuant, to this Easement, and all claims for damages against the Government arising out of, or

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related to, the Easement. The agreements of Grantee contained in this Paragraph 29.2 do not
extend to claims caused by the gross negligence or willful misconduct of officers, agents,
contractors, or employees of the United States without contributory fault on the part of any other
person, firm, or corporation. The Government will give the Grantee notice of any claim against
it covered by this indemnity as soon as practicable after learning of it.

30.
ENTIRE AGREEMENT

30.1
It is expressly understood and agreed that this written instrument embodies the entire
agreement between the Parties regarding the use of the Easement Area by the Grantee, and there
are no understandings or agreements, verbal or otherwise, between the Parties except as
expressly set forth in this Easement.

31.
CONDITION AND PARAGRAPH HEADINGS

31.1
The brief headings or titles preceding each Paragraph are merely for purposes of
identification, convenience, and ease of reference, and will be completely disregarded in the
construction and interpretation of this Easement.

32.
STATUTORY AND REGULATORY REFERENCES

32.1
Any reference to a statute or regulation in this Easement shall be interpreted as being a
reference to the statute or regulation as it has been or may be amended from time to time.

33.
PRIOR AGREEMENT

33.1
This Easement supersedes all prior agreements, if any, to the Grantee for the Easement
Area, but does not terminate any obligations of the Grantee under such prior Easements that may
by their terms survive the termination or expiration of those Easements, except to the extent such
obligations are inconsistent with this Easement. In the event that any prior license or other
agreement between the Parties, or their predecessors in interest, for the use and occupancy of the
Easement Area has expired prior to the execution of this Easement, the Parties acknowledge that
the Grantee, either directly or through its predecessors in interest, has had continuous use and
occupancy of the Easement Area pursuant to the prior agreement since the expiration of the prior
agreement.

34.
EXHIBITS

Four (4) exhibits are attached to and made a part of this Grant, as follows:

Exhibit A - Description of Premises
Exhibit B - Map of Premises
Exhibit C - Physical Condition Report
Exhibit D – Environmental Baseline Survey

[2 SIGNATURE PAGES TO FOLLOW]

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[GOVERNMENT SIGNATURE PAGE TO GRANT OF EASEMENT]

IN WITNESS WHEREOF, I have hereunto set my hand the ________ day of
______________, 20________.

THE UNITED STATES OF AMERICA
by its Secretary of the Air Force

By: _______________________________
DAVID J. BERKLAND
Brigadier General, USAF
Commander, 56th Fighter Wing

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[GRANTEE SIGNATURE PAGE TO GRANT OF EASEMENT]
GRANTEE:
CITY OF GLENDALE
By: ______________________________________
Patrick S. Banger
City Manager
ATTEST:
_____________________________
Julie K. Bower, City Clerk (Seal)
APPROVED AS TO FORM:
______________________________
Michael D. Bailey, City Attorney
STATE OF ARIZONA
)
) ss.
County of Maricopa
)
This instrument was acknowledged before me this_____ day of __________, 20__ by Kevin R.
Phelps,
Interim City Manager for the City of Glendale, who acknowledged that he executed this instrument
for the purposes contained therein.

My commission expires: ___________
______________________________________
Notary Public