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HomeMy WebLinkAboutProperty #: P21-005 - 5/7/2021 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER STEPHEN RICHER 20210515287 05/07/2021 02 :46 ELECTRONIC RECORDING P21005-29-1-1-- amine P21 -005 Instrument Number: USAF-AEPC•NURX-20-2-0138 DEPARTMENT OF THE AIR FORCE GRANT OF EASEMENT FOR CITY OF GLENDALE, ARIZONA ON LUKE AFB WASTE WATER TREATMENT PLANT ANNEX LUKE AIR FORCE BASE, ARIZONA Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete Instrument Number: USAF-AETC-NURX-20-2-0138 TABLE OF CONTENTS PREAMBLE 1 BASIC TERMS 1 1. TERM - 1 2. RENT 1 3. CORRESPONDENCE 1 4. USE OF EASEMENT AREA 2 5. ABANDONMENT OR TERMINATION OF EASEMENT 2 OPERATION OF THE EASEMENT AREA 3 6. EASEMENTS AND RIGHTS OF WAY 3 7. CONDITION OF EASEMENT AREA 3 8. MAINTENANCE OF EASEMENT AREA 3 9. TAXES 4 10. INSURANCE 4 11. ALTERATIONS 6 12. COSTS OF UTILITIES/SERVICES 6 13. RESTORATION 6 CHANGES IN OWNERSHIP OR CONTROL 7 14. ASSIGNMENT 7 15. LIENS AND MORTGAGES 7 ENVIRONMENT 7 16. ENVIRONMENTAL PROTECTION 7 17. ASBESTOS-CONTAINING MATERIALS (ACM) AND 9 LEAD-BASED PAINT (LBP) 9 18. SAFETY, HAZARDOUS MATERIALS,AND WASTE MANAGEMENT 9 19. HISTORIC PRESERVATION 9 20. INSTALLATION RESTORATION PROGRAM (IRP) 9 21. ENVIRONMENTAL BASELINE SURVEY/ 11 ENVIRONMENTAL CONDITION OF PROPERTY 11 GENERAL PROVISIONS 11 22. GENERAL PROVISIONS 11 23. SPECIAL PROVISIONS 15 24. RIGHTS NOT IMPAIRED 15 25. APPLICABLE LAWS 16 26. AVAILABILITY OF FUNDS 17 27. CONGRESSIONAL REPORTING 17 28. AMENDMENTS 17 29. GENERAL INDEMNIFICATION BY GRANTEE 17 30. ENTIRE AGREEMENT 18 31. CONDITION AND PARAGRAPH HEADINGS 18 32. STATUTORY AND REGULATORY REFERENCES 18 33. PRIOR AGREEMENTS 18 34. EXHIBITS 18 Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete Instrument Number: USAF-AETC-NURX-20-2-0138 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 "Grantor"), 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 the City of Glendale, a city duly incorporated in the State of Maricopa County,Arizona(the "Grantee"), a nonexclusive Easement to construct, operate and maintain a waste water lift station, an appurtenant force main,potable water line, and associated equipment to convey the Grantors waste water to a treatment facility on, over, under, and across the property on the Luke Air Force Base(AFB) Waste Water Treatment Plant Annex, Arizona, as described in Exhibit A and depicted on Exhibit B (the `Basement 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 twenty-five years (25) commencing on the date signed BY GRANTOR("Term Beginning Date") and ending Twenty-Five (25)years from Term Beginning Date ("Term Expiration Date")unless sooner terminated. 1.2. Termination. Grantor may terminate this easement at any time in the event of national emergency as declared by the President of the United States 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 Grantor will use good faith efforts to give Grantee such advance written notice as the circumstances permit. 2. RENT There is no rent as this easement solely benefits Luke Air Force Base, and the Grantee agrees to not allow any other users from connecting to Grantee's waste water force main which exits the waste water lift station to connect to Grantee's 99th Avenue interceptor, without Grantor's review and approval, and the Grantee will provide maintenance of the transmission line. 3. CORRESPONDENCE Any written notices under this instrument shall be made by mailing or hand delivering such notice to the parties at the following addresses. GRANTOR: 56 Civil Engineer Squadron Real Property Officer Luke Air Force Base 13970 Gillespie Dr. Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 1 Instrument Number: USAF-AETC-NURX-20-2-0138 Luke Air Force Base, AZ 85309 GRANTEE: City of Glendale 5850 West Glendale Avenue Glendale,AZ 85301 ATTN: City Manager 4. USE OF EASEMENT AREA 4.1. Permitted Uses. The Grantee shall use the Easement Area solely for purposes of the construction, operation and maintenance of a waste water lift station, together with appurtenant pipelines and equipment,to convey the Grantor's waste water to a treatment facility. Grantee's use of the Easement Area shall comply, at Grantee's sole cost and expense, with all Applicable Laws. 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 Grantor. 4.2. Grantee Access. Grantee is granted the nonexclusive right to use the walkways, streets, and roads on the Luke AFB Waste Water Treatment Plant Annex, Arizona in common with the Grantor and its grantees and licensees for access to and from the Easement Area and the nearest public street or highway. 4.3. Grantor's Right of Access and Inspection. Grantor 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. 4.4. Grantor's Reasonable Regulation. The use and occupation of the Easement Area and the exercise of the rights herein granted shall be subject to Grantor's reasonable restrictions and regulations regarding ingress, egress, safety, sanitation, and security, as Grantor, 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 Parry'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 effect 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 Grantor, 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 Grantor for Grantee's failure to comply with the terms of this Easement, and Grantor may terminate it for any part of the Easement Area that is abandoned or not used by the Grantee for 24 consecutive Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 2 Instrument Number: USAF-AETC-NURX-20-2-0138 months. The Grantor 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 Grantor may pursue monetary damages, equitable relief, or both, and the Grantee shall reimburse the Grantor for its attorney fees and costs. • OPERATION OF THE EASEMENT AREA 6. EASEMENTS AND RIGHTS OF WAY 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 Air Force 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, and Grantor shall notify Grantee in writing of additional Outgrants 60 days in advance of effective date of Outgrant. 7. CONDITION OF EASEMENT AREA 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 Grantor 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 Grantor, 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 Grantor's Property. If the Grantee damages or destroys any real or personal property of the Grantor,the Grantee shall promptly repair or replace such real or personal property to the reasonable satisfaction of the Grantor. In lieu of such repair or replacement, the Grantee shall, if so required by the Grantor, pay to the Grantor money in an amount sufficient to compensate for the loss sustained by the Grantor by reason of damage or destruction of Grantor property, including natural resources. Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 3 Instrument Number: USAF-AETC-NURX-20-2-0138 9. TAXES 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 Grantor 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 Grantor,provided, however, the Grantor shall not be relieved of responsibility for loss or damage that is solely the result of the gross negligence or willful misconduct of the Grantor to the extent such loss or damage is not covered by insurance required under this Easement. 10.2. Grantee Insurance Coverage. During the entire Easement Term,the Grantee, at no expense to the Grantor, 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 at all times 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 Grantor. 10.2.1.1. The insurance carried and maintained by the Grantee pursuant to Paragraph 10.2.1 shall provide coverage to protect the Grantor from any damage and liability for which the Grantee is liable or responsible or agrees to hold harmless and indemnify the Grantor 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 Grantor 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 Grantor 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. Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 4 Instrument Number: USAF-AETC-NURX-20-2-0138 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 Grantor 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 Grantor; (v)provide that the insurer shall have no right of subrogation against the Grantor; and (vi) be reasonably satisfactory to the Grantor 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 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 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 Grantor'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 Grantor , and including such endorsements necessary to afford additional insured status. 10.4.1 Notwithstanding any other provision of this Easement,the Grantee may, with the prior consent of the Grantor, self-insure any risk for which insurance coverage is required under this Easement;provided, however, that if the Grantee's statutory limits of liability or other impediments to the assumption of liability are less than the limits of insurance required in this Easement, the Grantee shall obtain commercial coverage which is sufficient in amount and nature to satisfy the insurance requirements of this Easement when added to any such self- insurance. In order to obtain the consent of the Grantor to self-insure,the Grantee shall provide the Grantor with a writing setting forth the limitations and impediments, if any,to which the Grantee's self-insurance is subject,the Grantee's source of funds to pay any claim from any risk for which insurance is required under this Easement, and any other information which the Grantor may require to assess the Grantee's request. If commercial insurance is required for any purpose,the total amount of commercial insurance and self-insurance shall meet the dollar limitations provided in this Easement. The City of Glendale has provided a memorandum dated 21 confirming self-insurance and the limitations. The memorandum is attached in Exhibit E. 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 Grantor and the Parties shall proceed as follows: 10.5.1. In the event that the Grantor, 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 Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 5 Instrument Number: USAF-AETC-NURX-20-2-0138 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 Grantor, 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 Grantor. 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 include as-built drawings 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 ensure it is done consistent with Grantor's use of the Easement Area and the operation of the Installation. 11.2. RESERVED 12. COSTS OF UTILITIES/SERVICES The City of Glendale will obtain and pay the costs of needed utilities associated with and for the Easement. 13. RESTORATION 13.1. Grantee's Removal Obligation. Upon the expiration, abandonment, or termination of the Easement, Grantor 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 Grantor's satisfaction. Grantor shall give notice to Grantee of such election within a reasonable time after learning of Grantee's abandonment, or together with Grantor's notice of termination. Alternatively, at those same times, Grantor 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 Grantor. Such reversion or transfer in lieu of Grantee's removal and restoration obligation shall be automatic and at no cost to Grantor and shall be effective on the Easement Term Expiration Date or the effective date of Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 6 Instrument Number: USAF-AETC-NURX-20-2-0138 any abandonment or termination, without additional consideration therefore. Grantee shall execute any documentation reasonably requested by the Grantor to confirm any transfer or conveyance. 13.2. Grantor Restoration of Easement Area. If Grantee fails to timely satisfy its removal and restoration obligations,then at Grantor's option, Grantee's improvements and personal property located on the Easement Area shall either become Grantor's property without compensation therefore or the Grantor 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 Grantor, 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 Grantor for any expenses it incurs to restore the Easement Area to the condition required by this grant within thirty (30) days after the Grantor 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 The Grantee may not assign this Easement without the prior written consent of the Grantor. 15. LIENS AND MORTGAGES Reserved ENVIRONMENT 16. ENVIRONMENTAL PROTECTION 16.1. Compliance with Applicable Laws. Grantee shall comply with all applicable federal, State, and local laws,regulations, and standards for environmental protection, including flood plains, wetlands, and pollution control and abatement, as well as for payment of all fmes and assessments by regulators for the failure to comply with such standards. Grantee shall also indemnify the Grantor to the full extent permitted by law for any violation of such law, regulation, or standard and shall also reimburse the Grantor for any civil or criminal fines or penalties levied against the Grantor 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. If a spill occurs at the Grantee forced main/lift station and an investigation reveals that Grantor operations caused the spill,the Grantor will hold the Grantee harmless from any liability arising from the negligence,negligent acts, or omission of a government officer or employee acting within the scope of his or his employment. Grantee relief shall be provided pursuant to the procedures set forth in the Federal Torts Claims Act(FTCA), 28 U.S.C. 2761, et. seq and applicable regulations. Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 7 Instrument Number: USAF-AETC-NURX-20-2-0138 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 Grantor, 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 Grantor 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. Grantor Caused Environmental Damage. Grantee does not assume any of Grantor's liability or responsibility for environmental impacts and damage resulting from Grantor'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. 16.5. Records Maintenance and Accessibility. The Grantor's rights under this Easement specifically include the right for Grantor's officials to inspect the Easement Area, upon reasonable notice as provided under Paragraph 5.3, 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 Grantor will be reported to the Grantee and to appropriate regulatory agencies, as required by Applicable Law. 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 Grantor 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 Term Beginning Date through the Term 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 Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 8 Instrument Number: USAF-AETC-NURX-20-2-0138 Applicable Laws. The Grantor will not be responsible for injury or death of any person affected by such soil conditions whether the person is warned or not. 17. ASBESTOS-CONTAINING MATERIALS (ACM) AND LEAD-BASED PAINT (LBP) Reserved 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 Grantor 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 The Grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural, or other cultural artifacts, relics, remains, or objects of antiquity. In the event such items are discovered on the Easement Area, the Grantee shall immediately notify the Grantor and protect the site and the material from further disturbance until the Grantor gives clearance to proceed. 20. INSTALLATION RESTORATION PROGRAM(IRP) 20.1. IRP Records. On or before the Term Beginning Date, the Grantor shall provide the Grantee access to the IRP records applicable to the Easement Area, if any, and thereafter shall provide to the Grantee a copy of any amendments to or restatements of the IRP records affecting the Easement Area. The Grantee expressly acknowledges that it fully understands the potential for some or all of the response actions to be undertaken with respect to the IRP may impact the Grantee's quiet use and enjoyment of the Easement Area. The Grantee agrees that notwithstanding any other provision of this Easement, the Grantor shall have no liability to the Grantee or any assignees, licensees, or invitees should implementation of the IRP or other hazardous waste cleanup requirements, whether imposed by law, regulatory agencies, or the Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 9 Instrument Number: USAF-AETC-NURX-20-2-0138 Grantor or the Department of Defense, interfere with the Grantee's or any of its assignee's, licensee's, or invitee'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. 20.2. Grantor Right of Entry. The Grantor 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. 20.2.1. To conduct investigations and surveys, including, where necessary, drilling, soil and water samplings, test pitting, testing soil borings, and other activities related to the IRP; 20.2.2. To inspect field activities of the Grantor and its contractors and subcontractors in implementing the IRP; 20.2.3. 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 Grantor relating to such conditions; and 20.2.4. 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,test pitting,test soil borings, and other activities undertaken pursuant to this Subparagraph 20.2.4 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 20.2.4 shall be designed and installed to be as inconspicuous as practicable. The Grantor 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 Grantor shall, subject to the availability of appropriations therefor, repair any damage caused by its exercise of the rights in this Paragraph. 20.3. ACCESS FOR RESTORATION 20.3.1. Nothing in this Easement shall be interpreted as interfering with or otherwise limiting the right of the Air Force 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 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 Air Force to ensure Air Force's activities under this Paragraph 20.3 do not damage property of the Grantee on the Easement Area. 20.3.2. The United States Environmental Protection Agency (USEPA) and State of Arizona, 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 Air Force's consent, enter upon the Premises for the purposes enumerated in Paragraph 20.3 and for Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 10 Instrument Number: USAF-AETC-NURX-20-2-0138 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 An Environmental Baseline Survey ("EBS") for the Easement Area dated May 9, 2020 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 Term Beginning 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 Grantor 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 Grantor, 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 Term Expiration Date as determined from the records and analyses reflected therein. The Final EBS will be used by the Grantor 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 Grantor 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. "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. Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 11 Instrument Number: USAF-AETC-NURX-20-2-0138 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 Grantor 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 Grantor 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 Grantor 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 Grantor 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 Grantor. 22.4.4. The rights and remedies of the Grantor 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. 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 Grantor 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. Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 12 Instrument Number: USAF-AETC-NURX-20-2-0138 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 Air Force, 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 Grantor to Insist on Compliance. The specified remedies to which the Grantor 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 Grantor 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 Grantor 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 Grantor'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 Grantor 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 Grantor. 22.8. Counterparts. This Easement is executed in three (3) counterparts, each of which is deemed an original of equal dignity with the other and which is deemed one and the same instrument as the other. 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. This instrument may only be modified or amended by mutual agreement of the Parties in writing and signed by each of the Parties. 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 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. Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 13 • Instrument Number: USAF-AETC-NURX-20-2-0138 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 Grantor 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 Grantor, 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 Grantor 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 of Arizona; governmental restrictions (including, without limitation, access restrictions imposed by the Grantor 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 Grantor or the Grantee, as the case may be, and/or any of their respective officers, agents, servants, employees, and/or any 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. Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 14 Instrument Number: USAF-AETC-NURX-20-2-0138 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 Grantor 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 Grantor strictly enforces federal laws and Air Force regulations concerning controlled substances (drugs) and that personnel, vehicles, supplies, and equipment entering the Installation are subject to search and seizure under 18 U.S.C. § 1382. The Grantor 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 Grantor 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 Grantor 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 Grantor in the interest of national defense. 24.3. Permanent Removal and Barment. Notwithstanding anything contained in this Easement to the contrary, the Grantor 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. 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. Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 15 Instrument Number: USAF-AETC-NURX-20-2-0138 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 Grantor 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. 25.1.2. Compliance with Executive Order(EO) No. 13658. The parties expressly stipulate this Easement is subject to Executive Order 13658 and the regulations issued by the Secretary of Labor in 29 CFR Part 10 pursuant to the Executive Order. Thereby, "Appendix A of 29 CFR Part 10-Contract Clause" is incorporated by reference herein. 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 propriety 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 Grantor 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 Grantor,the Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 16 Instrument Number: USAF-AETC-NURX-20-2-0138 validity or application of any law, ordinance, order, rule, regulation, or requirement of the nature referred to in this Paragraph 25. The Grantor shall not be required to join in or assist the Grantee in any such proceedings. 26. AVAILABILITY OF FUNDS 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 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. Such amendments may include,but are not limited to, extensions of the Easement Termination Date. 29. GENERAL INDEMNIFICATION BY GRANTEE 29.1. No Grantor Liability. Except as otherwise provided in this Easement, the Grantor 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 Grantor 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 Grantor 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 Grantor, 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 Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 17 Instrument Number: USAF-AETC-NURX-20-2-0 13 8 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 Grantor arising out of, or 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 Grantor 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 It is expressly understood and agreed that this written instrument embodies the entire agreement between the Parties regarding the use of the Premises 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 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 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 AGREEMENTS 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. 34. EXHIBITS Five (5) 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 Exhibit E—City of Glendale Self Insurance Memo Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 18 instrument Number: USAF-AETC-NURX-20-2-0138 VI IN WITNESS WHEREOF, I have hereunto set my hand the CJ day of /nl , 2021 THE UNITED STATES OF AMERICA by its Secretary of the Air Force By: 41t.ece,g4_ GREG RY UDER Bri ier neral, USAF Commander, 56th Fighter Wing State of l)r`Len a ss County of 'Mari(0 This document was acknowledged before me,the undersigned Notary Public, by Mic:ka.eL ftAi, on this the "t day of norm ,2021 Michael S. Ruhe Notary Public, State of ,,`````�, VNDE i!i SCP,"r+" t�lOi ¢1 U 1 � �J CO Ce 4 OjtfltlNOJ`y```` On this. (el day of. ( :i .before me rrl•.GH- i Rtikt ,a person authorized to administer oaths under 10 O.S.C. 1044a personally appeared e4)0ry "kremder ,known to or Identified to be the person whose n?me is sus!m hed 4 '•A;,r n.mn.d 0,0 ackn�ed at he/she executed the same. • Notary Public My Commission Expires: Io r+•s•c. wily A Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 19 instrument Number USAF-AETC-NURX-20-2-0138 ACCEPTANCE The Grantee hereby accepts this Grant of Easement and agrees to be bound by its terms. DATED: -ir day of ... ,20 GRANTEE:... CI TY OF GLENDALE, Arizona municipal corpora on: . yin . Phelps, City Manager . ATTEST: Jul . ower, City Clerk (SEAL)::. ... APPROVED AS TO FORM: Mic el B ley,City Attorney Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 20 . . EK MM LJ u7eII .II EASEMENT-LEGAL DESCRIPTION. A_ PORTION 'OF THE- SOUTHWEST'QUARTER .OF SECTION• 1; TOWNSHIP _2 NORTH; RANGE 1 WEST OF THE-GILA. AND. SALT RIVER MERIDIAN;::CITY OF GLENDALE,::MARICOPA COUNTY; ARIZONA AND BEING::MORE PARTICULARLY: • DESCRIBED AS FOLLOWS: • COMMENCING AT A FOUND BRASS CAP IN A HAND HOLE MARKING THE SOUTHWEST-CORNER-OF SAID SECTION 1 AND FROM..WHICH :A FOUND BRASS:.CAP MONUMENT. MARKING THE SOUTH QUARTER-CORNER .BEARS SOUTH 89'34':42 EAST AT A DISTANCE'OF 2582.63: FEET, BEING THE BASIS OF BEARINGS FOR:THIS EASEMENT DESCRIPTION; THENCE::SOUTH 89'34'42" EAST ALONG THE SOUTH LINE OF SAID SECTION 1.:AND MONUMENT LINE OF GLENDALE AVENUE (120 •FEET.:WIDE) A DISTANCE- OF 180.33 FEET;. THENCE DEPARTING . . SAID•SOUTH..LINE NORTH •00'25'18" EAST, '45.00 FEET. TO.THE NORTHERLY. RIGHT OF WAY LIMIT OF .SAID - •- . • . : :GLENDALE AVENUE. AND THE POINT. OF:BEGINNING; THENCE: NORTH 89'34'42":WEST ALONG THE .SAID 'NORTHERLY RIGHT OF WAY LINE 'FOR A‘ DISTANCE OF 20:00 FEET; THENCE DEPARTING SAID RIGHT OF-WAY LIMIT -NORTH 00'25'18" EAST, ::137.00 FEET; THENCE SOUTH 89'34'42" EAST, 105.00 FEET;:THENCE NORTH .00'25'18" EAST, 83.13 FEET; THENCE NORTH 88'00 29 WEST; 218.88 FEET TO. THE EASTERLY RIGHT .OF •.::WAY LIMIT OF EL MIRAGE ROAD (1.2D FEET WIDE); THENCE NORTH 01'22'25":WEST ALONG SAID RIGHT OF WAY LIMIT:•FOR A DISTANCE :OF 20.03 FEET; THENCE DEPARTING SAID RIGHT OF WAY LIMIT SOUTH 88'00'29 . . EAST; 239.52. FEET; THENCE SOUTH 00'25'18'1 WEST,..102.59 .FEET;•THENCE SOUTH 89'34'42" EAST,. 85:00 .:: FEET; THENCE .SOUTH 00'25'18" WEST,: 137.00 FEET TO THE NORTHERLY.RIGHT: OF WAY LIMIT.-OF- SAID • • .... GLENDALE AVENUE; -THENCE..NORTH 89°34 42 WEST ALONG THE-SAID.-NORTHERLY 'RIGHT OF WAY LINE FOR A. - DISTANCE OF 40.00 FEET;::THENCE DEPARTING.:THE SAID NORTHERLY:;RIGHT OF WAY::LIMIT: NORTH 00'25'18 EAST, 117.00 FEET; THENCE NORTH 89'34'42" WEST, 150:00;:FEET, THENCE SOUTH 00'25'18":WEST, 1.17.00 FEET TO THE NORTHERLY RIGHT 'OF :WAY; LIMIT OF SAID GLENDALE AVENUE AND-THE POINT OF BEGINNING. CONTAINING 17,661 SQUARE FEET (0.405 ACRES) :OF LAND, MORE•OR:LESS. • . . : . "xi it/ • o LAND- • c'�.��MATE-�G'PL cu - 44808 �o - KENT . M,. o GRQ:H . ofP S 6�Q_•. • qQ � n• Aed.0 P' 0 N.. .': .' Fires 09:30120�1 Vii&13 ve11613009421drawimaslsurvelADrawinas100942 Topo.dwa;6130/2020 5:04 PM ... EXHIBIT A LEGAL DESCRIPTION . CITY OF GLENDALE • Stantec- EASEMENT ': a :;. 5850 WEST GLENDALE AVELUKE AIR FORCE BASE • m STANTEC CONSULTING SERVICES INC. ::: .: • CITY OF GLENDALE : . .... ... .w 3133 WEST FRYE ROAD,CHANDLER;AZ 85226-5110 i j 0 • — - PHONE: (480)687-6100:: • :MARICOPA COUNTY,AZ Tr 0 -LJ o II II -EASEMENTS • . .. S88.°00'29"E 2,39:.52' N01°22'25 'W: /�///// 7-- N88 00 29"W 218.88'. f . T.C.E. LIMITS . . ... - / . .. - T C E LI M ITS . 501-54-017. . - o - Lei:• ...z .. 0 34'42"E S89. . .. :S89°34'42"E : 105:00' ... 85..00' N89°34'42"W 150.00' : O 0 .. : 501-54-017 .: w L_ TCELIMIIS .n � N .. ° O O . O (n - -- .. .\ 4-018 z 501=54=018 z: . . N89°34:'42„W .. l'.. .i.: P.O.B. o oo' ::: 89 20. . Oo' �. BE N �N 00° : (BASIS OF ARI GS) .. „ • 4500 S89 34 42"E .. S89° 34' 42"E. . 180:33 2582.:63 .. GLENDALE AVENUE .:Ay- . BRASS—CAP-.:IN HANDHOLE : BRASS-CAP: MONUMENT --S.W. .CORNER SECTION.: 1. ... ... 4..:. . 0 LAN°. . ���• ,��FicA re.. .,�G .$OUTH i CORNER: . • . . LEGEND . . `,�44 084°. .F.� ..- -- N .1 ... .. . . 8 o SECTION .P.O.C; POINT OF COMMENCEMENT . . . . _. P-.O.B. POINT OF BEGINNING •.-• •KENT M. o 7 _.. .: . . ... •-EXISTING SECTION •LINE : • GROH. : LIFT STATION EASEMENT: AREA or, • ::50.' . 0 - - . 0' :.:100' - —EXISTING R.O.W. •& PROPERTY' LINE' ; '• Psi ned6 /:/j//,LIFT STATION:•INRESS/EASEMENT AREA 1:9/0NA u c,P SCALE: 1 50. x 02.. V:11813�ac6ve1161300942Idrawinaslsurveoorawinas100942 T000.dwit:6130/2020 5:04 PM ... Pi yes 09/3012 ': ... . - ... EXHIBITS - PLANVIEW CITY 'OF GLENDALE EASEMENTS a tantec 5850 WEST GLENDALE AVE' .. .. .. m m GLENDALE, AZ 85301LUKE AIRFORCE BASE: • 0, c : ... . . STANTECCONSULTINGSERVICESINC::.: '. ro. CITY ii GLENDALE / : 3133 WEST FRYE ROAD,CHANDLER,AZ 85226-5110 o iv PHONE: �a8o�68�-61oo:: MARICOPA COUNTY', AZ o Instrument Number: USAF-AETC-NURX-20-2-0138 • EXIIIBI1 C PHYSICAL�( CONDITION REPORT "1 As of 1414444 zoiq This is to confirm that the undersigned,as the Lessee of the Leased Premises pursuant to that certain Lease of Property dated as of the date first set forth above by and between the Secretary of the Air Force(the"Government"),and the undersigned.which Leased Premises consists of Building 91 I,has inspected the(.eased Premisesand all environmental reports concerning the Leased Premises provided to the undersigned by the Government.is familiar with the condition and characteristics of the Leased Premises and agrees,except as otherwise expressly provided in the Lease of Property,to accept the Leased Premises in"as-is,where-is" condition.without any representation or warranty by the Government concerning the condition of the Leased Premises and without obligation on the part of the Government to make any alterations.repairs.additions.or improvements to the Leased Premises all in accordance with and subject to the semis of the aforementioned Lease of Property. Except as otherwise defined in this Acknowledgement,the terms used herein shall have the same meanings as set forth in the Leased Property. Lessee:• Govern By: By Name: cres Name:Ra m Up(le,1 Title: n Title: 56 CES Real Property • • • Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 23 Instrument Number: USAF-AETC-NURX-20-2-0138 EXHIBIT D—ENVIRONMENTAL BASELINE SURVEY Environmental Baseline Survey dated May 9, 2020 is a large file. A copy has been provided to the City of Glendale and the original is on file in the 56 Civil Engineer Squadron Real Property files. Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 24 Instrument Number: USAF-AETC-NURX-20-2-0138 Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 26 Instrument Number: USAF-AETC-NURX-20-2-0138 EXHIBIT E-SELF INSURANCE MEMO Human Resources & Risk • C.. Management Glendale g ° F ° ., AMemorandum July I,2020 TO: Whom it May Concern FROM: Dianne Shoemake,Risk Manager SUBJECT:City of Glendale Self-Insured Liability The City of Glendale self-insures its general and automobile liabilities for the first$1,000,000 for each occurrence. To protect the City against catastrophic losses,we purchase excess liability insurance above S 1,000.000 and up to a$40,000,000 limit. In addition,the Worker's Compensation and Employer's Liability is self-insured for the first$1,000.000. Please contact Risk Management at 623-930-2274 if you have any questions regarding our insurance coverage's. City of Glendale Municipal Complex 5850 W.Glendale Ave Suite B56 Glendale AZ 85301.2599 www.elendaleaz.eglu Fax:623-847-5321 Form Approved By SAF/GCN 29 Oct 2014 Previous Versions Obsolete 25 DEPARTMENT:OF THE AIR:FORCE AIR EDUCATION AND TRAINING COMMAND 1h1 . Gy\\ `_.. .... ... ... ... ... ... POST �`6: ... ' ... .... ... .. .... MEMORANDUM FOR 56 FW/CC FROM: ::AETC%A4PYC 266 F Street.West, B901 JBSA-Randolph TX 78.150=4319 SUBJECT: AETC/A4PYC MAJCOM Endorsement Concurrence for Out=grant Easementto City of Glendale for Luke.AFB,Arizona • 1. AETC/A4PYC, reviewed the su bject documents and concurs with Luke AFB's request a new:out-grant easement:for a waste water;forced main connection, USAF-AETC-NURX-20-2 013 8, for Luke AFB Arizona. This tweri y y-five 25 ear lease allows the:City tY � ).Y t3' of Glendale to : place a sewage treatment forced main on the current56 FW Waste Water Treatment Annex:. :2: :: To the best of my:knowledge and:belief,no personnel of the:Air Force who is responsible : . :: for the proposed:lease, has any present or anticipated:personal or financial:interest in the . : ro osed:lease and.no such erson has.received.anygift or gratuity in connection with the p p p ' g tY � . proposed lease. 3. If you:have any questions or require additional information,please:contact me at mary.olive.1@us.af.mil,:DSN: 487-3921, Comm: 210-652-3921, Cell: 904-477-4803. . . MARY C. OLIVE, Captain, USAF Chief,AETC Engineering Branch.