SIGNED - ACCESS AGREEMENT_LUKE AFB AND FCDMC.PDF

ACCESS AGREEMENT
ENVIRONMENTAL ACTIVITIES

PREAMBLE

THIS ACCESS AGREEMENT ("Agreement") is made and entered into as of March 2024
(“Effective Date”), 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 owns the property in Maricopa County, Arizona, Parcel 501-63-005F, near the
intersection of W. Camelback Rd and N. El Mirage Rd., described 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 in the vicinity of Luke Air Force
Base. Groundwater is known to be impacted by perfluorinated compounds (“PFAS”) to the north
and northwest of the Property. Further evaluation needs to be performed in the area of the
Property to fully understand the extent of PFAS impacts to groundwater. The Government needs
access to the Property to: (i) survey for, drill, and develop one monitoring well; (ii) periodically
sample the well; (iii) when monitoring activities are concluded, abandon the well; and (iv) to
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 proposed locations of the Permitted Activities within the Property, including the
approximate locations of any equipment or structures, if installed, are depicted in Exhibit B.
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.

AFCEC Access Agreement. Form Approved 2023
Luke Air Force Base; Agreement Number [TBD] 1

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 also subject to termination 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. If immediate
entry is required by the Government, the Government shall notify the Owner as provided in
Section 11 within 24 hours, detailing the emergency need, measures taken, and repairs made
resulting from the emergency access or event.

2.2. Ingress and Egress from other Land. The access right given to the Government by this
Agreement includes ingress and egress on other lands 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. Ifthe
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. At no time may the Government, Authorized Party, or Permitted Activities interfere with
the Owner’s reasonable access to and through the Property, operation of the flood control structure, or
function and capacity of the Property beyond the authorization provided in this agreement.

2.4. Equipment Protection. If needed, the Government may place a protective structure on the
Property to house the equipment that will be installed as part of the Permitted Activities.

3. Costs and Expenses. The Government shall have sole responsibility for all costs and
expenses relating to the Permitted Activities.

4. Sampling Results.

AFCEC Access Agreement. Form Approved 2023
Luke Air Force Base; Agreement Number [TBD] 2

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. 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).

4.3, The verified water or soil sampling results also will be sent to the U.S. Environmental
Protection Agency (EPA) and the Arizona Department of Environmental Quality (ADEQ). Such
results may be publicly available. To ensure continued transparency regarding the information
supporting Government decisions, the physical address and ownership of the Property, as well as
the specific location the samples were taken from, may also be disclosed to the ADEQ and the
public, and Owner consents to such disclosure.

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, 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

AFCEC Access Agreement. Form Approved 2023
Luke Air Force Base; Agreement Number [TBD] 3

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: Director
Organization: Flood Control District of Maricopa County
Address: 2801 W. Durango Street
Phoenix, AZ 85009

Email: fdesk@maricopa.gov
Telephone: 602-506-1501
If to the Government: Department of the Air Force
Attn: Dr. Kimberly Horsley, AFCEC/CZOW

Organization: 56 CES/CEIE
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. The signatory who signs this Agreement for the Owner is
authorized to do so on behalf of all individuals or entities that have an ownership interest in the

Property.

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.

AFCEC Access Agreement. Form Approved 2023
Luke Air Force Base; Agreement Number [TBD] 4

15. List of Exhibits. Exhibits are attached hereto and made a part of this Agreement:

Exhibit A - Property Legal Description
Exhibit B — Depiction of 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 THREE PAGES. ]

AFCEC Access Agreement. Form Approved 2023
Luke Air Force Base; Agreement Number [TBD] 5

Government Signature Page to the foregoing Access Agreement

AFCEC Access Agreement. Form Approved 2023
Luke Air Force Base; Agreement Number [TBD]

GOVERNMENT:

UNITED STATES OF AMERICA,

acting by and through the Secretary of the Air Force
KINDT.BENJAMIN.T, | Disitally signed by

KINDT.BENJAMIN.T.1172735742

By: 1172735742 Date: 2024.01.31 17:07:15 -06'00'
BENJAMIN T. KINDT, PE, PMP, GS-15,
DAF

Chief, Operations Division
Environmental Management Directorate

6

RECOMMENDED FOR APPROVAL:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

DocuSigned by:
[ set Voge. 2/9/2024

TABA4TOASBELLOA.

C. Scott Vogel Date
Interim Director — Chief Engineer and General Manager

MARICOPA COUNTY REAL ESTATE DEPARTMENT

DocuSigned by:
= 2/7/2024
BUDSSSDICC.
Alex Smr Date
Director

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

‘DocuSigned by:
| Wayne Pett. 2/7/2024
Wayne Peck Date

District General Counsel

AFCEC Access Agreement. Form Approved 2023
Luke Air Force Base; Agreement Number [TBD] 7

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. Form Approved 2023
Luke Air Force Base; Agreement Number [TBD] 8

EXHIBIT A
PROPERTY LEGAL DESCRIPTION

The land affected by this access agreement is located in the State of Arizona in the County of
Maricopa. It’s legal description as stated on the Maricopa County Assessor website is:

PT NW4 SW4 LY WI/IN FOL DESC PROP COM SW COR SEC TH N 1322.17F TO SW COR
N2 SW4 TH CONT N 50F TO TPOB CONT N 200F E 55F N 88D 34M E 136.74F E 900F N
75D 8M E 112.32F TH ELY 457.12F ALG NON-TAN CUR TO RT N 21D E5F S 68D 59M E
282.67F S 71D SIME 100.12F S 68D 59M E 600F N 21D E 15F S 68D 59M E 40F TO E LN
SW4 AT A PTS 128.20F FR SE COR N2 SW4 TH S 342.96F N 68D W 163.38F N 21D E 20F
N 68D W 600F N 63D W 100.50F N 68D W 282.67F WLY 255.81F ALG TAN CUR TO LEFT
TO ELN NW4 SW4 S 14.39F W 1251.37F N 50.10F W 55F TO TPOB EX W 33F RD

AFCEC Access Agreement. Form Approved 2023
Luke Air Force Base; Agreement Number [TBD] 9

EXHIBIT B

DEPICTION OF PROPOSED LOCATION OF PERMITTED ACTIVITIES ON
PROPERTY

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AFCEC Access Agreement. Form Approved 2023
Luke Air Force Base; Agreement Number [TBD]