D1. LICENSE FOR ALERT RAIN GAUGE #6720.PDF
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LUL Rev. 20181003
CAWCD NO. 2022-129
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Central Arizona Project
Lands Administration
P. O. Box 43020
Phoenix, Arizona 85080-3020
CAWCD # 2022-129
CENTRAL ARIZONA WATER CONSERVATION DISTRICT
CENTRAL ARIZONA PROJECT
LAND USE LICENSE
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
PINAL COUNTY
The CENTRAL ARIZONA WATER CONSERVATION DISTRICT (CAWCD), a multi-
county water conservation district, created, organized, and existing under the laws of the
State of Arizona for the purposes, among others, of contracting with the United States for
the care, operation, maintenance, and management of certain transferred works of the
Central Arizona Project (CAP) from the United States of America, who holds title to such
works, hereby licenses FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona, its agents and contractors, (Licensee), the
right to access property acquired for the CAP to operate, and maintain an automated
flood-warning station, located approximately nine hundred feet (900’) east of the CAP
Overchute Pipe at CAP milepost 213.575, unincorporated Pinal County. This License is
subject to the terms and conditions as set forth below:
1. The term of this License is for a period of twenty-five (25) years, from September 11,
2022 to September 10, 2047. This License supersedes License # 1998-031 which
expired or was terminated on September 10, 2022.
2. This License has been approved for an area of approximately 0.01 acre. The License
Area as described in Exhibit A, attached and incorporated into this License.
3. The Licensee agrees to pay all administrative costs (including, but not limited to,
inspections, document review and preparation, etc.) associated with this License that
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are incurred by the United States, CAWCD, their agents, contractors, successors and
assigns. Payment is due within thirty (30) days of the date of invoice, and subject to
late payment charges as described in Article 3.b. below.
a. Land use fees are waived per 43 CFR 429.6 (3) - the use will benefit the general
pubic with no specific entity or group of beneficiaries readily identifiable.
b. The Licensee shall pay a late payment fee on any charges that are received after
the due date. Late payment fee will be the late payment charge percentage rate
calculated by the United States Department of the Treasury and published
quarterly in the Federal Register; provided that the late payment fee percentage
rate shall not be less than 0.5 percent per month. The late payment fee percentage
rate applied on an overdue payment shall remain in effect until payment is
received. The late payment rate for a 30-day period shall be determined on the
day immediately following the due date and shall be applied to the overdue
payment for any portion of the 30-day period of delinquency. In the case of partial
late payments, the amount received shall first be applied to the late charge on the
overdue payment and then to the overdue payment.
c. The Licensee shall pay any federal, state or local taxes assessed on, or
attributable to, their facilities located in the License Area.
4. The Licensee shall have the right, at its expense, to maintain and operate in the
License Area its facilities, and other improvements relating thereto. The Licensee
must obtain written consent from CAWCD prior to any modification of the Facilities
within the License Area.
5. There is reserved to the United States and CAWCD, their successors and assigns,
the prior right to use any of the License Area to construct, operate, and maintain all
structures and facilities, including but not limited to, canals, waste ways, laterals,
ditches, roadways, electrical transmission lines, communication structures,
substations, switch yards, power plants, and any other facilities without any payment
made by the United States or CAWCD or their successors for such rights.
6. There is also reserved to the United States and CAWCD the right of their officers,
agents, employees, licensees and permittees, at all proper times and places, freely to
have ingress to, passage over, and egress from the License Area for the purpose of
exercising, enforcing and protecting the rights reserved herein.
7. The United States and CAWCD reserve the right to inspect all operations of the
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Licensee or its agents within the License Area, under the terms of this License.
8. The Licensee shall be entitled to reasonable access to the License Area twenty-four
(24) hours a day, seven (7) days a week, and shall have ingress to, passage over and
egress from the License Area. Licensee's access to the site shall be from Ocotillo Rd.
and on CAP’s Operation and Maintenance (O&M) road east of the CAP canal, as
described and shown in Exhibit B. Except in the case of an emergency, the Licensee
shall notify CAWCD at least two (2) weeks in advance of the Licensee's proposed
maintenance or repair activities to be performed in the License Area in order to
coordinate all activities with CAWCD's operations. Security of CAP property shall be
maintained at all times. CAP gates must be kept locked except during entry and
exit. Entry and exit procedures require immediately locking gates behind vehicles
after proceeding through the gates.
9. The Licensee shall indemnify and hold harmless the United States, CAWCD, and their
officers, directors, employees, agents and assigns from any loss or damage and from
any liability on account of personal injury, property damage, or claims for personal
injury or death arising out of the Licensee’s activities under this License, including
liability arising under Article 19.e.
10. The Licensee shall procure and maintain during the term of this License and any
extensions thereof, work insurance purchased from an “A” rated or better insurer with
the following specified limits:
a. Workers Compensation insurance as required by Arizona law, and Worker's
Compensation Employer's Liability in the amount of One Million Dollars
($1,000,000).
b. Commercial General Liability insurance including contractual liability with the
following limit: Bodily Injury and Property Damage Liability Insurance with limits of
One Million Dollars ($1,000,000) per occurrence.
c. Business Automobile Liability Insurance with a limit of One Million Dollars
($1,000,000) per occurrence.
d. Umbrella Excess Liability Insurance with a limit of One Million Dollars ($1,000,000).
The Licensee shall name the United States and CAWCD as additional insureds on the
specified insurance and provide CAWCD with a valid Certificate of Insurance or
equivalent proof of self-insurance prior to signing this License.
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11. The Licensee shall assume responsibility and/or liability for any and all damages to
the CAP structures and facilities and to any other property of the United States or
CAWCD, or any property under the control or custody of the United States or CAWCD,
their agents and assigns, that may be caused by the operation and maintenance of
the Licensee’s Facilities or the Licensee’s uses under this License.
12. The Licensee shall appoint a Safety Representative for any work performed pursuant
to this License. This Safety Representative shall be competent, experienced, and
knowledgeable in supervision of the safety aspects for any work performed pursuant
to this License. The Licensee shall subsequently notify CAWCD in writing if a different
Safety Representative is appointed or if there are changes in the address or phone
number of the Safety Representative.
13. The Licensee shall review and comply with the safety regulations set forth in the
current versions of the "Reclamation Safety and Health Standards", "Central Arizona
Project Safety Resource Manual" and current OSHA safety standards. If there is a
conflict within any of these safety standards, the Licensee shall comply with the most
stringent standards while working within the License Area. A copy of the Central
Arizona Project Safety Resource Manual and a link to the Reclamation Safety and
Health Standards can be found at our web site www.cap-az.com located under
“Contracting – Safety.”
14. Any utility improvement made for the benefit of the Licensee requires that the utility
provider obtain its own License to access CAP property to install and/or repair its
Facilities in the License Area.
15. The Licensee accepts and shall follow the specific stipulations described in Exhibit C,
attached and made a part of this License.
16. The Licensee, at its expense, shall be solely responsible to resolve any issues or
disputes with interested persons, including neighborhood associations, concerning
location, zoning, compatibility with existing or planned uses of adjoining lands,
aesthetics or any other issues or disputes relating to the Licensee's use of the License
Area.
17. The Licensee shall use said premises for the purposes stated herein and agrees that
in the use of said premises it shall maintain its Facilities in a good and workman like
manner, and shall insure compliance with all laws, regulations, and orders of the
United States affecting such operations, and with the laws of the State of Arizona, and
with the laws and regulations of any other applicable governmental body along with
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directives of CAWCD affecting such operations.
18. Upon termination or expiration of this License, the Licensee shall, at its sole expense,
remove its Facilities and/or equipment and restore the site to the satisfaction of
CAWCD within ninety (90) days after the termination or expiration of this License. If
the Licensee fails to comply, CAWCD will access the License Area and remove any
structures, equipment or other improvements on the site. Any fees associated with
CAWCD's removal of the Licensee's improvements and site restoration will be the
responsibility of the Licensee.
19. The Licensee shall comply with all applicable federal, state, and local laws and
regulations, and the United States Bureau of Reclamation’s policies and directives,
existing or hereafter enacted or promulgated, concerning any hazardous material that
will be used, produced, transported, stored or disposed of on or in lands, waters or
facilities owned by the United States and managed by CAWCD.
a. “Hazardous material” means any substance, pollutant or contaminant listed as
hazardous under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended, 42 U.S.C.§§ 9601, et seq., and the
regulations promulgated pursuant to that Act.
b. The Licensee shall not allow contamination of lands, waters or facilities owned by
the United States and administered or managed by CAWCD by hazardous
materials, thermal pollution, solid waste, refuse, garbage, sewage effluent,
industrial waste (including, but not limited to product containers, surface
preparation abrasives and residues, and coatings, paints and primers), petroleum
products, mine tailings, mineral salts, pesticides (including, but not limited to, the
misuse of pesticides), pesticide containers or any other pollutants.
c. The Licensee shall immediately report to CAWCD any event which may or does
result in a spill, pollution or contamination adversely affecting lands, water or
facilities owned by the United States and managed by CAWCD. If the occurrence
involves water pollution or contamination, CAWCD's Water Control Center must
be contacted immediately at (623) 869-2530; if the occurrence involves land or air
pollution or contamination, CAWCD's Environmental Department Supervisor, must
be contacted immediately at (623) 869-2353.
d. The Licensee shall appoint an Environmental Representative for any work
performed or land uses pursuant to this License. This Environmental
Representative shall be competent, experienced, and knowledgeable in
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supervision of the environmental aspects, including environmental hazard aspects,
for any work performed or land uses pursuant to this License. The Licensee shall
subsequently notify CAWCD in writing if a different Environmental Representative
is appointed or if there are changes in the address or phone number of the
Environmental Representative.
e. Violation of any of the provisions of this Article shall constitute grounds for
immediate termination of this License and shall make the Licensee liable for the
cost of full and complete remediation and/or restoration of any Federal facilities
that are adversely affected including lands, water or facilities owned by the United
States or managed by CAWCD.
20. The Licensee agrees to include the provisions contained in Article 19 of this License
in any subcontract or third-party contract it may enter into pursuant to the License.
CAWCD agrees to provide information necessary for the Licensee, using reasonable
diligence, to comply with the provisions of Article 19.
21. This License is non-assignable and non-exclusive. This License is fully revocable by
the United States or CAWCD.
22. This License is subject to the provisions of Executive Order No. 11246 of
September 24, 1965, as amended, which sets forth the Equal Opportunity and
Affirmative Action clauses. A copy of this order may be obtained from the United
States Bureau of Reclamation, Lower Colorado Region, Regional Director, P.O. Box
61470, Boulder City, Nevada 89006-1470.
23. This License shall terminate at or upon:
a. The discretion of the United States or CAWCD.
b. Expiration of the term as provided in Article 1.
c. Violation of the covenants set out herein.
d. Official abandonment of the Licensed Area by the Licensee.
e. Failure of the Licensee to use this License for the purpose granted herein, or for
nonuse of the License for any continuous two (2) year period.
f. Failure of the Licensee to notify CAWCD of any third party using or collocating on
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the Licensee’s Facilities or in the License Area.
g. Is subject to cancellation pursuant to A.R.S. § 38-511.
24. AII notices shall be in writing and may be given in person, by email, or by United
States mail, and shall become effective at the earliest of actual receipt by the party
to whom notice is given, delivered to the designated address of the party, or if mailed,
forty-eight (48) hours after deposit in the United States mail addressed as shown
below or to such other address as the parties may from time to time designate in
writing.
If to CAWCD:
Central Arizona Water Conservation District
PO Box 43020
Phoenix, Arizona 85080-3020
Attention: Lands Department
If to the Licensee:
Flood Control District of Maricopa County
2801 W. Durango St.
Phoenix, AZ 85009
Attention: Stephen Waters
25. Any claim, controversy or dispute arising out of this License shall be settled by
arbitration in accordance with the applicable rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator may be entered
in any court having jurisdiction thereof. The arbitration shall be conducted in Maricopa
County. There shall be no discovery other than the exchange of information, which is
provided to the arbitrator by the parties. The arbitrator shall have the authority only
to award compensatory damages and shall not have authority to award punitive
damages or other non-compensatory damages; the parties hereby waive all rights
to and claims for monetary awards other than compensatory damages.
26. Notwithstanding Article 25, should any litigation be commenced between the parties
concerning any provisions contained in this License, or rights and duties of any person
in relation thereto, the prevailing party in any such court or proceedings shall be
entitled, in addition to such other relief as may be granted, to a reasonable sum and
for its attorneys’ fees in such litigation as determined by the court.
27. If any term of this License is found to be void or invalid, such invalidity shall not affect
the remaining terms of the License, which shall continue in full force and effect.
28. By signing this License, the parties are not establishing any joint undertaking, joint
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venture or partnership. Each party shall be deemed an independent contractor and
shall act solely for its own account.
29. This License shall constitute the entire agreement and understanding of the parties
with respect to the License Area that is the subject matter thereof and supersedes all
offers, negotiations and other agreements with respect thereto. There are no
representations or understanding of any kind not set forth herein. Any amendments
to the License shall be in writing and signed by both parties.
30. This License shall be interpreted, construed and governed by the laws of the State of
Arizona.
IN WITNESS WHEREOF, CAWCD has caused this License to be signed this
__________ day of ________________________, _________.
/,&(16(( FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED FOR APPROVAL:
Michael A. Fulton
Date
Director
REAL ESTATE DEPARTMENT APPROVAL:
Alex Smith
Date
Director of Real Estate
Real Estate Department
APPROVED AS TO FORM and within the powers and authority granted under the laws of the State
of Arizona.
District General Counsel
Date
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CAWCD NO. 2022-129
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APPROVED:
BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Clint Hickman
Date
Chairman of the Board
ATTEST:
Clerk of the Board
Date
STATE OF ARIZONA
)
)ss
COUNTY OF MARICOPA )
Before me,
, Notary Public in and for said County, State of
Arizona, on this day personally appeared Clint Hickman, known to me to be the person whose name
is subscribed to the forgoing instrument as Chairman of the Board of the Political Subdivision in the
foregoing instrument.
Given under my hand and seal of the office this
day of
, 202 .
______________________________
Notary Public (signature)
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Central Arizona Water Conservation District,
“CAWCD”
By: __________________________________
Thomas L. Fitzgerald
Its: Supervisor, Lands and Survey
State of Arizona
)
)
County of Maricopa
)
On this ___________ day of _______________________, _________, before me
personally appeared Thomas L. Fitzgerald, to me known to be the person described in
and who signed the foregoing instrument and acknowledged to me that he signed the
same as his free act and deed.
_____________________________________
Notary Public in and for the County of
Maricopa, State of Arizona
________________________
My Commission Expires
CAWCD # 2022-129
Exhibit A
Page 1 of 1
LEGAL DESCRIPTION
A parcel of land in the northwest quarter of Section 26, Township 2 South, Range 8
East of the Gila and Salt River Meridian, Maricopa County, State of Arizona, being more
particularly described as follows:
Commencing at the north quartercorner of said section, monumented with an aluminum
cap stamped, “CAP T2S R8E S23/S26 2004 LS 39325”, said north quarterǦcorner being
South 04°05’23” East a distance of 1,443.93 feet from an aluminum cap stamped “CAP
Right of Way 13 RLS 39325”; Thence South 06°34'22" West, a distance of 915.98 feet
to the POINT OF BEGINNING, said POINT OF BEGINNING being North 36°29'14"
West, a distance of 92.60 feet from an aluminum cap stamped, “ CAP 32 RLS 39325”;
Thence East, a distance of 31.00 feet;
Thence South, a distance of 12.00 feet;
Thence West, a distance of 31.00 feet;
Thence North, a distance of 12.00 feet to the POINT OF BEGINNING.
The described parcel contains 372 square feet (0.01 acre) more or less.
CAWCD # 2022-129
Exhibit B
Page 1 of 2
ACCESS ROUTE
CAWCD # 2022-129
Exhibit B
Page 2 of 2
CAWCD # 2022-129
Exhibit C
Page 1 of 1
1. The Licensee shall comply with all applicable federal, state and local air quality
regulations, including the United States and Environmental Protection Agency’s
Federal Implementation Plan (FIP), pertaining to control of dust from construction
activities and vehicular travel on dirt roads.
2. CAWCD requires that all vehicles traveling on unpaved CAP-controlled property,
including Operation and Maintenance (O&M) roads, shall not exceed 15 mph.
3. The Licensee shall provide dust stabilization measures on any portions of CAP O&M
roads used by the Licensee under this License. The Licensee shall conduct all activity,
including maintaining compaction where pulverization has occurred on CAP-
controlled property, so as to comply with dust control regulations.
4. Any unauthorized use of the CAP aqueduct or property is prohibited and is grounds
for immediate termination of the permission granted herein.
5. Security of the CAP property must be maintained at all times. CAP gates must be
kept closed and locked except during entry or exit. The Licensee will be allowed entry
at designated point(s) only. A copy of this License must be kept with the vehicle
entering CAP property at all times. Fencing must remain intact.