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Cox Business - Standard BAA Form (3.2025) PID 02922310
1
COMMUNICATIONS FACILITIES LICENSE AGREEMENT (Commercial)
This Communications Facilities License Agreement (“Agreement”) is entered into on ____________________, by and
between Cox Communications Arizona, LLC d/b/a Cox Business (“Cox”), on behalf of Arizona Public Service Company,
an Arizona Corporation (“APS”) and MARICOPA COUNTY (“Owner”).
Owner holds title to, or is the authorized agent of the titleholder of the real property located at 201 S.4th Ave, Phoenix AZ
85003 (“Property”) and has granted and conveyed to APS a non-exclusive right, privilege, and easement at locations and
elevations, in, upon, over, under, through and across a portion of the Property described as follows (“Vault Easement
Area”):
See EXHIBIT A attached hereto and made a part hereof.
The parties agree as follows:
1. Grant. Owner grants Cox permission to install and maintain its communications, distribution and other facilities, including,
but not limited to, equipment, electronics, security and automation systems, cabling, wiring and other needed equipment
(“Facilities") in the Vault Easement Area to provide voice, video, and data services, and any other service now or hereafter
offered by Cox and/or its affiliates (collectively, "Services") to APS at the Property and to utilize the Vault Easement Area, on
a non-exclusive basis, for the transmission of Services to APS and to install and maintain appropriate facilities for such Services
to APS. Owner further grants to Cox the non-exclusive right to enter the Property including all common areas to install, connect,
disconnect, transfer, service, remove and repair the Facilities during normal business hours, except in case of emergency in
which event Cox shall have the right to enter the Property outside of normal business hours. Owner also grants Cox (i) the
right to use any available conduit space which is now, or hereafter, located on, under or over the Vault Easement Area, for the
installation, maintenance, and operation of Cox’s Facilities and (ii) the right to intersect such existing conduit from the public
right of way or Cox’s Facilities located outside of the Property. Owner hereby approves of the construction and installation of
the Facilities in accordance with the plans on EXHIBIT B attached hereto. If Owner requests, in writing within ninety (90) days
after the expiration or earlier termination of this Agreement, Cox shall remove the Facilities (excluding “Internal Wiring”
(defined below) and any underground Facilities) within sixty (60) days after receipt of Owner’s request. Otherwise, Cox have
shall have the right to enter upon the Property and remove any portion or all of the Facilities and such right shall survive the
expiration or earlier termination of this Agreement. At Cox’s option, wiring and cabling may remain in the Vault Easement Area.
The Facilities are and shall remain the sole and exclusive property of Cox and shall not become fixtures of the Property, except
for the “Internal Wiring” which is defined as the wiring, ports and outlets located within a commercial unit receiving Services
back to the demarcation point, and underground Facilities. Owner agrees not to use, move, disturb, or alter the Facilities, or
interfere with the Services, or knowingly permit any third party to do so.
2. Obligations of Cox. Cox agrees to: (i) pay for all materials and labor reasonably necessary to install the Facilities; (ii) keep
the Property free of liens resulting from Cox’s installation or removal of the Facilities; (iii) repair any damage to the Property if
such damage results directly from Cox's installation or removal of the Facilities; (iv) obtain all applicable government permits
for the installation of the Facilities in the Vault Easement Area at the Property; (v) maintain (a) Commercial General Liability
insurance with a policy limit of at least $2,000,000 to protect Owner against bodily injury or damage resulting from Cox’s
negligence or intentional misconduct with respect to the installation, operation or maintenance of the Facilities on the Property
at all times when Cox is providing Services hereunder, and (b) Worker’s Compensation insurance in statutory amounts. The
Cox insurance policies hereunder shall be with insurers (i) licensed to do business in the state in which the Property is located
and (ii) carrying an A.M. Best rating of at least A-VIII. All policies, including any renewals thereof, shall specify that such policy
cannot be canceled without at least thirty (30) days written notice to Owner.
3. Indemnification. Cox agrees to indemnify, defend and hold Owner harmless from all third party claims, suits, proceedings,
liabilities, losses, costs, damages, and expenses, including reasonable attorneys' fees (the “Claims”) for personal injury or
property damages arising out of (a) the negligence or willful misconduct of Cox in connection with Cox’s installation or removal
of the Facilities in the Vault Easement Area at the Property; or (b) Cox’s breach of this Agreement beyond any applicable notice
and cure periods. NEITHER PARTY SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR PROVISION OF THE
SERVICES.
4. Term. The “Term” shall begin upon the date of execution by the last signing party hereunder, and continue for five (5) years
from the first day of the first full calendar month thereafter. The Term of this Agreement shall automatically renew for
consecutive one (1) year terms (each successive year being a “Renewal Term”), provided that Cox is still providing Services
to APS at the Property. Owner may terminate this Agreement with at least ninety (90) days prior written notice. Cox may
Cox Business - Standard BAA Form (3.2025) PID 02922310
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terminate this Agreement (i) in the event Cox is unable to continue the distribution of any Services because of any law, rule,
regulation or judgment of any court (or any similar reason beyond the reasonable control of Cox), (ii) if the applicable franchise
or licenses are assigned, terminated, surrendered or revoked for any reason, or (iii) in the event that Cox elects to no longer
provide Services to APS at the Property.
5. Default. If either party fails to perform any material condition or agreement to be performed or observed by it hereunder and
such default is not cured within thirty (30) days after the defaulting party’s receipt of written notice from the non-defaulting party,
the non-defaulting party may immediately terminate this Agreement by providing written notice to the defaulting party.
6. Miscellaneous. This Agreement is the entire understanding between the parties and supersedes any prior agreements or
understandings whether oral or written. This Agreement may not be amended except by a written instrument executed by both
parties. This Agreement is governed by the laws of the state where the Property is located. Owner acknowledges that (i) this
Agreement and Cox's rights granted herein shall be binding upon Owner's successors and assigns, and (ii) Owner shall notify
any successor Property owner of Cox’s right under this Agreement and provide such party a copy hereof. Each party has the
full right and authority to execute this Agreement and grant the rights and/or accept the obligations contained herein. Owner
represents that there are no prior or existing agreements, nor will there be any agreements during the Term, that would be
breached by Owner’s execution of this Agreement or by Cox's provision of the Services. Cox may assign this Agreement
without consent, in whole or part, to (i) to any affiliate of Cox; (ii) any entity merging with, or acquiring substantially all of the
assets of, Cox or (iii) any services provider that provides Services to APS. Unless otherwise required by applicable law or by
a court order from a court with competent jurisdiction, Owner shall, at all times, keep the terms and conditions of this Agreement
strictly confidential (it being agreed that such terms and conditions may be disclosed to Owner’s directors and officers, as well
as Owner’s legal counsel and accountants who need to know such information for the purpose of compliance); and shall not
disclose the terms and conditions of this Agreement to any person other than as permitted hereinabove. Notices required to
be given shall be sent by U.S. Certified Mail, postage prepaid, return receipt requested, or national overnight courier to the
address set forth below. Cox shall determine the appropriate date to begin construction and/or installation of the Facilities in
the Vault Easement Area at the Property and the commencement of the provision of Services to APS. Owner shall have no
responsibility for the Services provided by Cox, or for the proper functioning of the Facilities. In the event of bankruptcy of APS
or Owner, or in the event of a Service disconnection order from APS to Cox, Cox shall have the right to enter upon the Property
to recover the Facilities. This Agreement is subject to A.R.S. § 38-511 and Arizona Executive Order 2009-09, which executive
order is incorporated herein by reference as if set forth in full herein.
7. Authorization From APS. APS by signing the authorization below acknowledges and agrees that this Agreement does not
conflict with the UTILITY EASEMENT INCLUDING VAULTS attached hereto as EXHIBIT C and which was electronically
recorded on August 17, 2023 as instrument number 20230430729 in the Official Records of the Maricopa County Recorder
(“Utility Easement”) and that Cox is authorized to act on behalf of APS under this Agreement and consistent with the Utility
Easement.
Signature Pages Follow
Cox Business - Standard BAA Form (3.2025) PID 02922310
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OWNER: Maricopa County
Maricopa County Board of Supervisors
BY:
__________________________________________
Chair, Board of Supervisors
Date
ATTEST:
__________________________________________
Clerk of the Board
Date
Approved as to form:
__________________________________________
Deputy County Attorney
Date
Cox Business - Standard BAA Form (3.2025) PID 02922310
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COX:
Cox Communications Arizona, LLC
Signature:
Name: Claudia Alba
Title:
Manager- Sales Support
Date:
Address (For Notice): Cox Business - Legal
6205-B Peachtree Dunwoody Rd
Atlanta, GA 30328
Telephone:
619-269-2507
Cox Contact for Access Generally (Cox Notice Address is Above):
Name: Danielle Walentiny
Title:
Building Access- Account Manager
Address: 1550 W. Deer Valley Rd, Phoenix AZ 85027
Attention: Building Access Department
Telephone:
623-328-4949
Email: Danielle.Walentiny@cox.com
APS:
Arizona Public Services
Signature:
_______________________________
Name:
__________________________________
Title:
___________________________________
Date:
___________________________________
Cox Business - Standard BAA Form (3.2025) PID 02922310
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EXHIBIT A
VAULT EASEMENT AREA:
COMMENCING at the Southwest corner of Lot 1, A FINAL PLAT OF "4TH AVENUE JAIL", according to the plat of
record in the office of the County Recorder of Maricopa County, Arizona, recorded in Book 578 of Maps, Page 44,
MCR, from which the Northwest corner of said Lot 1 bears North 00 degrees 00 minutes 04 seconds East, a distance
of 299.34 feet (Basis of Bearings);
THENCE North 00 degrees 00 minutes 00 seconds East, along the West boundary line of said Lot 1, a distance of
68.00 feet to the POINT OF BEGINNING;
THENCE continuing North 00 degrees 00 minutes 04 seconds East, a distance of 63.00 feet;
THENCE departing said West boundary line, South 89 degrees 59 minutes 56 seconds East, a distance of 15.00 feet;
THENCE South 00 degrees 00 minutes 04 seconds West, a distance of 63.00 feet;
THENCE North 89 degrees 59 minutes 56 seconds West, a distance of 15.00 feet to the POINT OF BEGINNING.
Containing an area of 945.00 square feet or 0.02 acres, more or less.
Cox Business - Standard BAA Form (3.2025) PID 02922310
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EXHIBIT B
PROPERTY OWNER APPROVAL REQUIRED:
Please review the attached scope of work. If approved, complete and sign the signature block
at the bottom of this page.
Entity Name/Building Owner:
Property address:
Project ID:
The signatory below affirms the full right and authority to approve this document on behalf of
the entity/building owner named above.
Approval Signature:
_____________________________________
Print Name:
______________________________________
Title:
_____________________________________
Date:
_____________________________________
Phone:
_____________________________________
Email:
_____________________________________
MARICOPA COUNTY
201 s 4th Ave, Phoenix AZ 85003
PID 02922310 BI-878028
Site Survey - OSPC
Order Information
1
WATTS ID #
BI-878028
2
CBForce Project #
COID-4566859
3
Account Name
Arizona Public Service - Maricopa Jail Vault
4
Address
201 S 4TH AVE PHOENIX ARIZONA 85003
5
Project Type
Fiber Line Extension
6
Survey Date
2026-02-27T13:23:10Z
7
Survey Owner
Milone, Myia (CCI-Southwest-CON)
8
Survey Owner Phone #
+1 (480) 734-3128
Contact Information
1
Primary Account Contact
Christopher Briere
2
Primary Account Phone
14802969538
3
Onsite Access Contact
4
Onsite Access Phone
5
Onsite Access Email
6
Alt Onsite Contact (Property Owner, Technical Contact)
Deborah Ondovcik
7
Alt Onsite Phone
602-526-4016
Site Information
1
Building Description (Hospital, Warehouse, Office Bldg,
ETC)
Not Listed
2
Multi Building ?
3
Multi Floor ?
Y
4
Multi Tenant ?
5
Units
6
Access Notes
7
Business Hours
8
Renovation Notes
9
Lift Required?
N
10
Roof Access Required?
N
Equipment Location Information (Cox)
1
Equipment Location Floor #
BASEMENT
2
Equipment Location Room #
BASEMENT
3
Equipment Location Suite #
4
Room Type
Customer Suite
7
Flooring Type
8
Jumper Needed ?
9
Jumper Length
10
Access to Customers in between ?
11
Core Drilling?
12
Firewall Plenum?
13
Pathway Notes
14
Ceiling Type
15
Ceiling Height
Site Survey Final Disposition
1
Site Survey Final Disposition
Notes, Pictures & Attachments
1
Additional Project Install Notes
TIE POINT: AZMCD_S6244 IN
MANHOLE GNIS ID
734752950
PULL/PROOF
UNDERGROUND
PATH APPROX
284'
PULL/PROOF
UNDERGROUND
PATH APPROX
284'
PROOF TO INTERIOR
PATH, COULD NOT
LOCATE LOCKBOX IN
DOCKING AREA PER
MYWORLD
PROOF TO
INTERNAL
BASEMENT PATH
APPROX +/- 135'
PLACE PANEL
AND SPLICE
EXISTING TELCO
TECH TO PLACE CPE IN
APS VAULT LOCATION
NOT IN BASEMENT RACK
FIBER DMARC EXT
NEEDED
COX END
LOCATION
RUN INNERDUCT AND PULL
STRING FOLLOWING APS TO APS
VAULT LOCATION
RUN INNERDUCT AND PULL
STRING FOLLOWING APS TO APS
VAULT LOCATION APPROX +/-
BASEMENT
TELCO ROOM
AROUND CORNER
APS VAULT
LOCATION
20230430729
Page 8 of 8
DocuSign Envelope ID: 40A4D9E1-59A6-4E95-A8E2-88782802A87B
EXHIBIT "C"
DESCRIPTION OF GRANTOR IMPROVEMENTS
Building, sidewalks.
Cox Business - Standard BAA Form (3.2025) PID 02922310
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EXHIBIT C
ARIZONA PUBLIC SERVICE UTILITY EASEMENT