LICENSE AGREEMENT WITH ARIZONA GAME AND FISH MT SEGMENT 33.PDF

Land and Water Program
Arizona Game and Fish Department
5000 West Carefree Highway
Phoenix, Arizona 85086
Agreement Number: HAB-20-1234TFH
Property Name: Robbins Butte Wildlife Area
Property Location: T1S, R4W, Secs 25, 26 & 27
Recreational Trail License Agreement
Between
State of Arizona, Arizona Game and Fish Commission
And
Maricopa County
1. Parties. This license agreement (“Agreement”) is entered into between the State of Arizona,
by and through the Arizona Game and Fish Commission, a state agency, hereinafter “Commission”,
and Maricopa County, a political subdivision of the State of Arizona hereinafter referred to as
“County” or “Licensee” for the purpose of using and maintaining a recreational trail across a portion
of the Commission-owned Robbins Butte Wildlife area in Maricopa County, Arizona. The terms
“Department” and “Director” shall mean the Arizona Game and Fish Department and its Director,
acting as administrative agent for the Commission.
2. Authority. The Commission may enter into this Agreement pursuant to Arizona Revised Statutes
(ARS) § 17-231.A.
3. Recitals.
Whereas, the Commission owns real property known as the Robbins Butte Wildlife Area
and includes a portion of Public Land Order-1015 (PLO 1015) lands, upon which a road traverses
through a portion of Sections 25, 26 & 27, Township 1 South, Range 4 West, Gila and Salt River
Base and Meridian, Maricopa County, Arizona (the “Property”), all of which is within the County;
and
Whereas, the parties acknowledge that A.R.S. § 11-933 does not require the permission of
any third parties; and
Whereas, the users of the recreational trail known as the Maricopa Trail (“Trail”), a
continuous non-motorized recreational trail that connects the eleven County Regional Parks, would
include residents of the State of Arizona and the County and visitors to the area; and
Whereas, the Commission and County have agreed that extending the regional Trail across
the Property would allow a more beneficial use of the area by the public.
Now, Therefore, under the terms and conditions described herein, the Commission grants
to County, subject to all existing easements, rights-of-way, restrictions, conditions, covenants and
liabilities as may appear of record, a non-exclusive License to utilize the existing roadway, as shown

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as the proposed route on Exhibit A (described below), for a non-motorized, public pedestrian and
equestrian recreational right-of-way over, across and through the Property as illustrated on Exhibit
A-AGFC Robbins Butte Wildlife Area (“Exhibit A”) attached hereto and by reference incorporated
herein, in accordance with the provisions of this agreement.
4. Terms and Conditions.
A. License. This is a revocable license for non-exclusive use of said roadway as a non-
motorized recreational trail as part of the Trail through the Property, as more fully
described in Exhibit A, for use by the general public. No property interest is
conveyed to County or to any other party by this Agreement
B. Term of License Agreement and Renewal. The term of this Agreement shall be
for a period of ten (10) years commencing from the date of the last signature. At the
request of the County, and at the option of the Department, this Agreement may be
renewed upon expiration for an additional ten (10) year period subject to any future
additional terms and conditions Department may require. The renewal option shall
be initiated with deliver of said request to the Department six (6) months prior to the
expiration of the term. Such notices shall be delivered as prescribed under Notices
section herein.
C. Use of Trail for Non-Motorized Recreation Only. The County’s and public’s use
of the Trail is for non-motorized public recreation only. County and public access
to the Trail for commercial or industrial purposes is prohibited. County shall exercise
reasonable precautions to limit damage to the road and adjacent lands caused by
public use by installing the signage shown on Exhibit A.
D. Educational Use. The Department in a manner consistent with the trail system
program and subject to review by the County may place interpretive and other
educational signs along the trail. The County shall be permitted to use the Trail and
the area around the trailheads for educational purposes or to place interpretative signs
explaining the geography, plant life and/or animal life near the Trail. The placement
of signs, interpretative or otherwise, shall be in accordance with the terms and
conditions of this Agreement.
E. Maintenance. The County will use the existing roadway as a trail through the
Property. The roadway is maintained by the Commission. The County shall maintain
the signage placed along the Trail by the County.
F. Flora/Fauna. Licensee shall not remove any natural products from the subject
property, including rocks, fossils, mineral specimens, stone, soil, firewood, cacti,
saguaro skeletons, cholla skeletons or other plants or plant material, dead or alive,
other than materials covered under this agreement.
G. Cultural Resources. Pursuant to A.R.S. § 41-844, County shall report to the Bureau
of Land Management, the Department and the Arizona State Museum any
archaeological or paleontological site or object that is discovered on lands covered
by this Agreement and shall immediately cease all land-disturbing activities.
H. Compliance with Applicable Laws. County agrees to comply with all applicable
laws, rules, regulations, and ordinances of every governmental body or agency
relating to the use and management of the Trail.
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I. Indemnification. County agrees to indemnify the United States of America and the
State of Arizona, its departments, agencies, officers and employees from and against
any and all claims or losses arising out of bodily injury of any person (including
death) or property damage caused by the act, omission, negligence, misconduct, or
other fault of its officers, officials, agents, employees, volunteers, or their invitees or
guests, in connection with public use of the Trail.
J. Insurance. The Parties acknowledge that Maricopa County is self-insured as
provided in A.R.S. §11-981 and that this self-insurance fully complies with the
insurance requirements of this License. County shall provide the Department a
certificate of self-insurance against claims for injury to persons or damage to
property arising from, or in connection with, County’s use of the License.
K. Recitals. The Recitals herein, by this reference, are hereby incorporated into this
Agreement.
5. Commission Reservations. The Commission reserves the right to grant other rights upon,
over and across the described premises for any purpose whatsoever compatible with the uses
provided for herein.
6. Termination. Either party may terminate this Agreement upon thirty (30) days written
\notice to the other party. If this Agreement is terminated, County shall, at its sole cost and expense,
remove its Trail markers, remove the portion of the Trail route from the County’s printed and website
materials. It is understood and agreed that if the Commission’s interest or right in the Property is
terminated prior to the expiration of this Agreement, then this Agreement is automatically
terminated along with any and all of the Commission’s liabilities or obligations hereunder.
7. Conflict of Interest. This Agreement is subject to termination pursuant to A.R.S. § 38-511.
8. Notices. That any notices to or demand upon either party hereto by the other party pursuant
to this Agreement shall be in writing and shall be delivered in person to the other party or forwarded
by registered or certified mail or email, return receipt requested, addressed as follows:
(a) For the Commission:
Arizona Game and Fish Department
Land and Water Program Supervisor
5000 West Carefree Highway
Phoenix, Arizona 85086
Email:
(b) For the County:
Maricopa County Parks and Recreation Department
Maricopa Trail Manager
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
Email: john.rose@maricopa.gov
With a copy to:
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Maricopa County Real Estate Department
2801 W. Durango Street
Phoenix, AZ 85009
Email: helena.dedic@maricopa.gov
9. Amendments. Amendments to this Agreement shall be made by written amendment or
modification, signed, and dated by both parties, prior to any changes taking effect. Neither
party shall be obligated to fund any modification which has not been approved in advance.
10. No Assignment. This Agreement is between the Commission, Department, and County and
is not assignable.
11. Invalidity of a Term. The parties agree that in the event any term, covenant or condition
of this Agreement is held invalid or void by a court of competent jurisdiction, the invalidity
of any such term, covenant or condition shall not affect any other term, covenant or condition
of this Agreement.
12. Clause Numbers and Headings. Clause numbers and headings are for convenience only
and are not to be construed as part of this Agreement.
13. Authority. Signing below, the signer certifies that the person has the authority to enter into
this Agreement and has read the foregoing and agrees to accept the provisions herein.
Arizona Game and Fish Department Maricopa County,
Assistant Director, a political subdivision of the State of Arizona
Special Services Division
Signature: Signature:
Chairman of the Board of Supervisors
Date: Date:
ATTEST:
Clerk of the Board
Date:
APPROVED AS TO FORM:
________________________________
Deputy Maricopa County Attorney
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Date:
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EXHIBIT A
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