FINAL ACCESS AGREEMENT _ PC 939 - FOR SIGNATURE - MCDOT-LUKEAFB- - 21 AUG 24.PDF

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ACCESS AGREEMENT
ENVIRONMENTAL ACTIVITIES

PREAMBLE

THIS ACCESS AGREEMENT ("Agreement") is made and entered into as of July 10, 2024
(“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, at the
intersection of 127th Avenue and West Citrus Way, along West Bethany Home Road near North
El Mirage Road, and on W 124" Lane between W Solano Drive and W Montebello Avenue, 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 polyfluoroalky] 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 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.
AGREEMENTS

NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings sct
forth in this Agreement, Owner and the Government agree as follows:

1. Agreement Term.

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1.1. The term of this Agreement shall be for one (1) year commencing on the Effective Date,
with the option for the Government, at its discretion, to exercise nine (9) annual renewal options,
not to exceed a total of ten (10) years, unless otherwise agreed by the Parties. Each exercise of a
renewal option shall be in writing and prepared by the Government at least thirty (30) days in
advance of each annual expiration date (“Renewal Notice”). This Renewal Notice may be by
email so long as evidence of receipt is obtained from the Owner, or by mail as provided in Section
11,

1.2. Notwithstanding Section 1.1, either of the Parties may terminate this Agreement by
providing written notice to the other Party at the address provided in Section 11 (“Termination
Notice”) at least three (3) months prior to the termination date stated in the Termination Notice.
This Agreement is subject to cancellation pursuant to A.R.S. § 38-511.

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.

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.

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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 arisc
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, to include FAR 52.222-50, 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.

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.

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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.

15, List of Exhibits. Exhibits are attached hereto and made a part of this Agreement:
Exhibit A — Depiction of Locations 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. ]

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Government Signature Page to the foregoing Access Agreement

GOVERNMENT:

UNITED STATES OF AMERICA,
acting by and through the Secretary of the Air Force

B REYER.KATY.ELIZA Dra ER RAT eLIPABETHA 29071366
By: BETH.1 29071 3664 Date: 2024.08.21 14:08:46 -05'00" _
KATY E. BREYER, GS-15, DAF
Chief, Operations Division (CZO)
Environmental Management Directorate

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RECOMMENDED FOR APPROVAL:

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION

‘Signed by:
Jesse Gutiurrey 8/21/2024
Jesse Gutierrez, Date
Director

MARICOPA COUNTY REAL ESTATE DEPARTMENT

DocuSigned by:

<
AS ~ 8/22/2024
ENG12BONSESDACC.

Alex Smith Date
Director

A

APPROVED AS TO FORM and within the powers and authority granted under the laws of the
State of Arizona.

DocuSigned by:

Ways Puck 8/21/2024

COAB3D0DESACAE!

Wayne Peck Date
Deputy County Attorney

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APPROVED

GRANTOR: MARICOPA COUNTY

Chairman of the Board of Supervisors Date

Printed Name: Jack Sellers.

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)

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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.

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EXHIBIT A
DEPICTION OF PROPOSED LOCATIONS OF PERMITTED ACTIVITIES ON PROPERTY

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AFCEC Access Agreement. Form Approved 2023

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AFCEC Access Agreement. Form Approved 2023

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AFCEC Access Agreement. Form Approved 2023

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