AMENDMENT ONE SRP LICENSE FOR MT AND SC TRAIL.PDF

FIRST AMENDMENT TO LICENSE
C-30-17-016-M-01
This First Amendment (“Amendment”) to Salt River Project (“SRP”) License 63585-0
(County License No. G30226) is entered into by and between SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural
improvement district, organized and existing under the laws of the State of Arizona, hereinafter
referred to as "Licensor", and MARICOPA COUNTY, a political subdivision of the State of
Arizona, hereinafter referred to as "Licensee" or “County”.
RECITALS
WHEREAS, effective March 1, 2008, the Licensor and the Maricopa County Parks and
Recreation Department (“MCPRD”), in furtherance of the Maricopa County Regional Trail
System Plan (“Maricopa Trail Plan”) entered into SRP license agreement number 2550-0 (“SRP
License 2550-0”) for non-exclusive Licensee and general public use, and Licensee placement of
trail markers on existing canal signs, of a portion of the existing Arizona Canal maintenance
road(s) and/or canal bank(s) as part of Licensee’s Sun Circle Trail (“SCT”) Segment 2; and
WHEREAS, the parties hereto entered into the following additional SRP licenses in
furtherance of the Maricopa Trail Plan:
A. SRP License 02609-0 (County Item Number C-30-11-055-3-00). This license,
effective April 1, 2009, permitted non-exclusive use by Licensee for placement of trail
markers on existing canal signs, on several portions of the existing South Canal,
Consolidated Canal, and Western Canal maintenance road(s) and/or canal bank(s) as
part of Licensee’s Maricopa Trail/Sun Circle Trail (“MT/SCT”) Segments 3 and 6, as
well as Licensee’s SCT Segments 4 and 5; and
B. SRP License 63585-0 (County Item Number C-30-17-016-M-00). This license
(“License Agreement”), effective January 1, 2016, states that the County “…may use
the Licensed Property only for installation and maintenance of Trail notice signs…”;
however, it appears that the intent of the License Agreement was to permit the same
uses set forth in SRP License 02609-0 on several portions of the existing Arizona
Canal, South Canal, Consolidated Canal, and Western Canal maintenance road(s)
and/or canal bank(s), as well as a portion of federal lands withdrawn for the Granite
Reef Diversion Dam, as part of Licensee’s: (1) MT/SCT Segments 3 and 6; (2) SCT
Segments 2, 4 and 5; and (3) Maricopa Trail (“MT”) Segments 27 and 32; and
SRP License 63585-0
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WHEREAS, SRP License 2550-0 and SRP License 02609-0 automatically renewed on
March 1, 2018 and April 1, 2019 respectively for ten (10) years each; and
WHEREAS, the parties now desire to amend the License Agreement to: (1) consolidate
multiple licenses between Licensor and Licensee for trail use and trail marker placement along
various canals and lands managed and/or owned by the SRP as part of a federal reclamation
project; (2) amend and clarify the description of the Licensed Property and attached revised
exhibits; (3) correct the term of the License Agreement; (4) clarify the license fee and maintenance
responsibilities of the parties for the Licensed Property; (5) define the responsibilities of the
Licensee upon expiration or early termination of the License Agreement; and (6) to terminate SRP
Licenses 2550-0 and 02609-0.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the sufficiency and adequacy of which the parties acknowledge,
the parties agree as follows:
1) The Recitals, by this reference, shall be incorporated herein and are hereby made part of
this Amendment.
2) Capitalized terms used in this Amendment without definition shall have the meanings
assigned to such terms in the License Agreement, unless the context expressly requires
otherwise.
3) This Amendment shall be effective on February 1, 2021 (“Effective Date”).
4) Paragraph Two (2) of the License Agreement is hereby stricken in its entirety and replaced
with the following:
The Licensed Property is open to the public for recreational use via federal regulation
and shall be available for non-exclusive use by the Licensee as portions of the MT,
SCT, and MT/SCT alignments as set forth in the Maricopa Trail Plan, as well as along
new MT/SCT connecting alignments on the Highline Canal and the City of Tempe
multi-use path. In addition, Licensee shall have the right to: (i) place trail markers on
existing canal signs; (ii) install and maintain additional trail marker signs that are in
substantial conformance with the signs depicted on Exhibit A of the License
Agreement; and (iii) publish and advertise maps of the trail alignments through the
Licensed Property on the County website, MCPRD Park maps, and MCPRD printed
materials. Licensee shall not use the Licensed Property for any other purpose without
the prior written approval of Licensor. Licensee acknowledges that, but for this
License, it has no rights to use or occupy the Licensed Property, and represents that it
makes no claims to such rights.
5) The description of the Licensed Property in Paragraph Three (3) of the License Agreement
is hereby stricken in its entirety and replaced with the following:
SRP License 63585-0
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Those portions of the SRP maintenance roads and/or canal banks within the Arizona
Canal, South Canal, Western Canal, Consolidated Canal, Highline Canal, and lands
withdrawn by the Bureau of Reclamation for the Granite Reef Diversion Dam, that are
described in detail on Exhibits “B” and “C” to this Amendment, all lying within
Maricopa County, Arizona.
Exhibit B and Exhibit C attached to the License Agreement are hereby superseded by
the Exhibit B and Exhibit C attached to this Amendment.
6) Section One (1) of Paragraph Four (4) of the License Agreement is hereby stricken in its
entirety and replaced with the following:
In consideration of the public benefit provided by the collocation of the MT and SCT
trail routes on Licensor’s existing maintenance roads and/or canal banks, there is no
license fee for the use of the Licensed Property. Licensee shall reimburse Licensor for
all federal, state, and local excise, sales, privilege, gross receipts and other similar taxes
lawfully imposed on and paid by Licensor under this License; provided, however, that
this Section shall not apply to income taxes.
7) The first sentence of Paragraph Five (5) of the License Agreement is corrected to read:
The term of this License shall be for Twenty-Five (25) Licensed Years (as defined
below) beginning January 1, 2016 and ending December 31, 2040.
8) As of the Effective Date of this Amendment, the rights to use the lands described in SRP
Licenses 2550-0 and 02609-0 are hereby added to the License Agreement via the
description set forth in Paragraph 5 above and the updated Exhibits B and C attached to
this Amendment.
9) As of the Effective Date of this Amendment, SRP Licenses 2550-0 and 02609-0 shall be
terminated, of no further force and effect, and no further documentation is required to
effectuate such termination.
10) The first sentence of Section One (1) of Paragraph Ten (10) of the License Agreement is
hereby stricken in its entirety and replaced with the following:
Licensee, at its sole cost and expense, shall maintain all of Licensee’s signs installed or
placed within the Licensed Property; the maintenance roads and/or canal banks shall
be maintained by Licensor and/or entities other than Licensee.
11) The Licensee Notice provisions set forth in Paragraph 18 of the License Agreement are
amended as follows:
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Notices to Licensee via U.S. Mail or Hand/Certified Delivery or E-mail
Maricopa County Parks and Recreation Department
Attn: RJ Cardin, Director
41835 N Castle Hot Springs Rd
Morristown, AZ 85342
If by Email: RJ.Cardin@maricopa.gov
With a Copy To:
Maricopa County Real Estate Department
Attn: Michelle Colby, Director
2801 W Durango Street
Phoenix, AZ 85009
If by Email: Michelle.Colby@maricopa.gov
12) Paragraph 34 is hereby added to the License Agreement:
34. Return of Licensed Property
34.1 Upon expiration of this License Agreement, or earlier termination thereof
as set forth herein, Licensee shall, at its sole cost and expense:
(i) Remove any and all trail markers and/or signs from the Licensed
Property and leave the Licensed Property in a clean and safe condition.
(ii) Remove the MT, SCT, and MT/SCT references to the trail alignments
on the Licensed Property from the Maricopa County website and MCPRD Park maps.
13) The foregoing paragraphs contain all the changes made by this Amendment. All other
terms and conditions of the License Agreement remain the same and in full force and effect,
except as herein agreed.
14) This Amendment is subject to Arizona Revised Statute § 38-511 and may be canceled by
either party pursuant thereto without any penalty or liability to the other party.
15) This Amendment may be signed in any number of counterparts with the same effect as if
the signatures thereto and hereto are upon the same instrument.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGES FOLLOW
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SRP
Range 6E 5E 4E 3E 3E 2E 1E 6E 6E 5E 6E 5E 6E 6E 6E 5E 4E 4E from
Agreement
Township 2N 2N 2N 2N 3N 3N 3N 2N 2N 1N 1N 1N 1N 1S 1S 1S 1S 1S
Easement
of
21, 24 22, 33 Use
23, 25, to
19, 20, 22, 28,
18, 22, 19, 14 27, 12
17, 13, 21, Consent
Markers Section(s) 17, 18, 29 33 20, 24, 24 32 11,
(MT) 16, 16, 14, 28, 11, 32, 28, 23, 33 14, 30, 10, 12 a
63585-0 Trail Trail 14, 23, 15, 12, 27, 10, 30, 18, 27, 22, 32, 11 13, 29, 8 9, 11, received 2010-0208026)
8, 4, 17, 12 2, 7, 8, 10
property 13, 22, 7, 11, 23, 3, 29, 7, 26, 1, 13, 31, 1, 6 11, 19, 5, 7 7, 10, 9,
No. and
Maricopa and
B License Trail Doc.
for reclamation and Canal Golf Easement in
Exhibit to Drain Water Road
License (SCT) To Gates) Canal
Creek Canal McDonald Line 3/11/2010
Amendment federal Trail Conservation Consolidated Guadalupe
Project Skunk Roosevelt District (Division Western Course
On Circle Ken Transmission
(Recorded
First River
Sun
Salt Diversion Diversion District Canal SRP
Water Canal a
From Reef Reef Gates)
Canal within
Conservation Consolidated
Granite Dam Granite Dam Roosevelt Canal South (Division Western
located
is
8
Segment SCT2 MT/SCT3 SCT4 SCT5 MT/SCT6 MT/SCT6
Segment
& 2
Pumping of
Canal Canal Canal MT/SCT 1
Canal Page
Licensed Property Consolidated
Arizona South Canal Western Highline Highline Pipeline Note:
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Range 6E 6E 5E
Township 2N 1S 1S
Markers 36
(MT) 19 35,
63585-0 Trail Trail Section(s) 24 18, 25,
No. and property 13, 7, 24,
Maricopa
B License Trail
for reclamation and Forest
Exhibit to
License (SCT) National
Amendment federal Trail Road
Project On Circle To Tonto Pecos
First River Sun
Salt Dam
Reef Canal
From Granite Western
Segment MT27 MT32
of Land 2
of
Licensed Property Bureau Reclamation Consolidated 2
Withdrawn Canal Page
SRP License 63585-0 Page 7 of 15
County License G30226

EXHIBIT C
Attached to Amendment to SRP License 63585-0
See Next Page (Exhibit contains 7 Pages)
SRP License 63585-0
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SRP License 63585-0 Exhibit C Page 1 of 7
County License G30226 Page 9 of 15

Exhibit C Page 2 of 7
SRP License 63585-0
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Exhibit C Page 3 of 7
SRP License 63585-0 Page 11 of 15
County License G30226

SRP License 63585-0 Exhibit C Page 4 of 7
Page 12 of 15
County License G30226

north
Turns
Canal
Western
Section 10
Realignment
Pipeline 6
Pumping Segment
T1S R4E
Canal Trail
Highline
Circle/Maricopa
Sun
alignment
Trail
Trail
Canal Section 9 Original New
Highline
Exhibit C Page 5 of 7
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Exhibit C Page 6 of 7
SRP License 63585-0
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Exhibit C Page 7 of 7
SRP License 63585-0 Page 15 of 15
County License G30226