AZA-37384 2800_18 LEASE FORM.PDF

Form 2800-18 Issuing Office Hassayampa Field Office
(Revised March 2004) Serial Number AZA-37384
THE UNITED STATES
Department of the Interior
Bureau of Land Management
COMMUNICATIONS USE LEASE
Maricopa County of 301 West Jefferson Street
(Lessee Name) (Billing Address - 1)
Phoenix AZ 85003
(Billing Address -2) (City) (ST) (Zip Code)
THIS LEASE, dated this day of , 20 , by and between the UNITED STATES OF
AMERICA, acting through the Bureau of Land Management, Department of the Interior (hereinafter called the "United States"
or "Bureau of Land Management"), as authorized by the Act of October 21, 1976, and implementing regulations (90 Stat. 2743; 43
U.S.C. 1701, et seq.; 43 CFR 2800), and Maricopa County , its agents, successors, and assigns
(hereinafter called the "Lessee").
The United States and the Lessee are jointly referred to herein as the "Parties." As used herein, the "Authorized Officer" refers to the
Bureau of Land Management official having the delegated authority to execute and administer this lease. Generally, unless otherwise
indicated, such authority may be exercised by the Field Manager or District Manager for the public lands wherein the following
described lands are located.
The United States, for and in consideration of the terms and conditions contained herein and the payment to the United States
of a rental in advance by the Lessee, does hereby grant to the Lessee a lease for the following described lands in the County
of Maricopa , State of Arizona : G & SR Meridian T. 2 N., R. 8 W., sec. 7, NE¼; sec. 8, SW¼NW¼.
(Legal Description)
(hereinafter called the "property"). The Lessee accepts this lease and possession of the property, subject to any valid existing rights,
and agrees not to use the property, or any part thereof, except as a site for only the construction, operation, maintenance, and
termination of a _____________________________ Public Safety communications facility.
(Type of Communication Use)
The location of the property is shown generally on the site plan dated August 12, 2005 for the Burnt Mountain
Communications Site which is attached and made part hereof as Exhibit C. The facilities specifically
authorized under this lease are to be co-located with communication site grant AZA-18675 held by the Bureau of Reclamation and
consists of: new 70kW generator to replace existing 35kW generator; new 1000-gallon propane tank on new 4' x 16' concrete slab;
new prefabricated outdoor equipment cabinets on new 13' x 4'6"concrete slab; extension of fencing to secure facility; underground
conduit to connect existing transformer to new meter; appropriate groundings to be bonded to the existing tower/ground rings.
The November 15, 2019, dated exhibit(s) A, B, and D, attached hereto, are incorporated into and made a part of this instrument as
fully and effectively as if they were set forth herein in their entirety. The parties agree that this lease is made subject to the following
terms and conditions.
I. TENURE, RENEWAL AND TRANSFERABILITY
A. This lease will terminate at one minute after midnight on December 31, 2048 . Termination at the end of the
lease term occurs by operation of law and does not require any additional notice or documentation by the Authorized Officer.
This lease is not renewable; but the Lessee has the right to request a new lease pursuant to paragraph "C" below.

B. The Lessee will undertake and pursue with due diligence construction and operation that is authorized by this lease. To the
extent specified in Exhibit N/A , construction will commence on N/A .
(Date)
This lease will terminate if operation does not commence by that date, unless the parties agree in writing, in advance, to an
extension of the commencement date.
C. If the Lessee desires a new lease upon termination of this lease, the Lessee must notify the Authorized Officer accordingly,
in writing. The notice must be received by the Authorized Officer at least one year prior to the end of the lease term. The
Authorized Officer will determine if the use should continue and, if it is to continue, if a new lease should be issued to the Lessee
and under what conditions. The Authorized Officer will require payment of any amounts owed the United States under any
Bureau of Land Management authorization before issuance of another authorization.
D. This lease is assignable with prior written approval of the Authorized Officer. Renting of space does not constitute an
assignment under this clause.
II. RENTAL
A. The Lessee must pay in advance an annual rental determined by the Authorized Officer in accordance with law, regulation,
and policy. The annual rental will be adjusted by the Authorized Officer to reflect changes in fair market value, annual
adjustments using the Consumer Price Index-Urban (CPI-U), changes in tenant occupancy, or phase-in of rental, if applicable.
B. After the initial rental period rental payments are due at the close of the first business day after January 1 of each calendar
year for which a payment is due. Payments due the United States for this use must be received at the Bureau of Land
Management office as noted on the billing statement in the form of a check or money order payable to Bureau of Land
Management/DOI. Credit card payments (VISA and MasterCard) can be made in person, through the mail, or by telephone.
This lease will terminate automatically if accrued rent is not received by the Bureau of Land Management within 90 calendar
days after the initial due date for the payment of such rent.
C. Pursuant to the Federal Claims Collection Act of 1966, as amended, 31 U.S.C. 3717, et seq, regulations at 7 CFR Part 3,
Subpart B and 4 CFR Part 102, an interest charge will be assessed on any amount due but not received by the due date. Interest
will accrue from the date the payment was due. Administrative costs will also be assessed in the event that two or more billing
notices are required for unpaid accounts. In addition, an administrative penalty at a percentage rate prescribed by law or
regulation will be assessed for failure to pay any portion of the debt that is more that 90 days past due. This paragraph survives
the termination of this lease, regardless of cause.
Other late fee charges may be assessed in accordance with standard BLM accounting procedures and policy.
D. Disputed rentals are due and payable on or before the due date.
III. RESPONSIBILITIES OF THE LESSEE
A. The Lessee is authorized to rent space and provide other services to customers and/or tenants and must charge each
customer/tenant a reasonable rental without discrimination for the use and occupancy of the facilities and services provided. The
Lessee must impose no unreasonable restrictions nor any restriction restraining competition or trade practices. By October 15th
of each year, the Lessee must provide the Authorized Officer a certified statement, listing all tenants and customers, by category
of use, located within the facility on September 30th of that year.
B. All development, operation and maintenance of the authorized facility, improvements, and equipment located on the
property must be in accordance with stipulations in the communications site plan approved by the Authorized Officer. If required
by the Authorized Officer, all plans for development, layout, construction, or alteration of improvements on the property as well
as revisions of such plans, must be prepared by a licensed engineer, architect, and or landscape architect. Such plans must be
approved in writing by the Authorized Officer before commencement of any work. After completion, as-built plans, maps,
surveys, or other similar information will be provided to the Authorized Officer and appended to the communications site plan.

C. The Lessee must comply with applicable Federal, State, county, and municipal laws, regulations and standards for public
health and safety, environmental protection, siting, construction, operation, and maintenance in exercising the rights granted by
this lease. The obligations of the Lessee under this lease are not contingent upon any duty of the Authorized Officer, or other
agent of the United States, to inspect the premises. A failure by the United States, or other governmental officials, to inspect is
not a defense to noncompliance with any of the terms or conditions of this lease. Lessee waives all defenses of laches or estoppel
against the United States. The Lessee must at all times keep the title of the United States to the property free and clear of all liens
and encumbrances.
D. Use of communications equipment is contingent upon the possession of a valid Federal Communications Commission
(FCC) or Director of Telecommunications Management/Interdepartmental Radio Advisory Committee (DTM/IRAC)
authorization (if required), and the operation of the equipment is in strict compliance with applicable requirements of FCC or
IRAC. A copy of each applicable license or authorization must at all times be maintained by the Lessee for each transmitter
being operated. The Lessee must provide the Authorized Officer, when requested, with current copies of all licenses for
equipment in or on facilities covered by this lease.
E. The Lessee must ensure that equipment within his or her facility (including tenant and customer equipment) operates in a
manner which will not cause harmful interference with the operation of existing equipment on or adjacent to the communications
site. If the Authorized Officer or authorized official of the Federal Communications Commission (FCC) determines that the
Lessee's use interferes with existing equipment, the Lessee must promptly take the necessary steps to eliminate or reduce the
harmful interference to the satisfaction of the Authorized Officer or FCC official.
F. When requested by the Authorized Officer, the Lessee must furnish technical information concerning the equipment located
on the property.
IV. LIABILITIES
A. The Lessee assumes all risk of loss to the authorized improvements.
B. The Lessee must comply with all applicable Federal, State, and local laws, regulations, and standards, including but not
limited to, the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., the Resource Conservation and Recovery Act, 42
U.S.C. 6901 et seq., the Comprehensive Environmental Response, Control, and Liability Act, 42 U.S. C. 9601 et seq., and other
relevant environmental laws, as well as public health and safety laws and other laws relating to the siting, construction, operation,
and maintenance of any facility, improvement, or equipment on the property.
C. The Lessee must indemnify, defend, and hold the United States harmless for any violations incurred under any such laws
and regulations or for judgments, claims, or demands assessed against the United States in connection with the Lessee's use or
occupancy of the property. The Lessee's indemnification of the United States must include any loss by personal injury, loss of
life or damage to property in connection with the occupancy or use of the property during the term of this lease. Indemnification
must include, but is not limited to, the value of resources damaged or destroyed; the costs of restoration, cleanup, or other
mitigation; fire suppression or other types of abatement costs; third party claims and judgments; and all administrative, interest,
and other legal costs. This paragraph survives the termination or revocation of this lease, regardless of cause.
D. The United States has no duty, either before or during the lease term, to inspect the property or to warn of hazards and, if
the United States inspects the property, it will incur no additional duty nor any liability for hazards not identified or discovered
through such inspections. This paragraph survives the termination or revocation of this lease, regardless of cause.
E. The Lessee has an affirmative duty to protect from damage the land, property, and interests of the United States.

E. (1). The Lessee must maintain insurance coverage, naming the United States additionally insured on the policies(s), to
partially fund the indemnification obligations of the Lessee for any and all losses due to personal injury, loss of life, or property
damage, including fire suppression and hazardous waste costs. The Lessee must furnish proof of insurance (such as a surety bond,
or certificate of insurance) to the Authorized Officer prior to execution of this lease and verify annually, and in writing, the
insurance obligation to the Authorized Officer. The Authorized Officer may allow the Lessee to replace, repair, restore, or
otherwise undertake necessary curative actions, to the satisfaction of the Authorized Officer, in order to mitigate damages in
addition to or an as alternative to monetary indemnification.
F. In the event of any breach of the lease by the Lessee, the Authorized Officer may, on reasonable notice, cure the breach at the
expense of the Lessee. If the Bureau of Land Management at any time pays any sum of money or does any act which requires
payment of money, or incurs any expense, including reasonable attorney's fees, in instituting, prosecuting, and/or defending any
action or proceeding to enforce the United States rights hereunder, the sum or sums so paid by the United States, with all
interests, costs and damages will, at the election of the Bureau of Land Management, be deemed to be additional rental hereunder
and will be due from the Lessee to the Bureau of Land Management on the first day of the month following such election.
V. OTHER PROVISIONS
A. Nondiscrimination. The Lessee must at all times operate the described property and its appurtenant areas and its buildings
and facilities, whether or not on the property, in full compliance with Title VI of the Civil Rights Act of 1964 and all
requirements imposed by or pursuant to the regulations issued thereunder by the Department of the Interior and in effect on the
date this lease is granted to the end that no person in the United States will, on the grounds of race, sex, color, religion, or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any of the
programs or activities provided thereon.
B. Termination and Suspension.
1. General. For purposes of this lease, termination and suspension refer to the cessation of uses and privileges under
the lease.
"Termination" refers to an action by the Authorized Officer to end the lease because of noncompliance with any of
the prescribed terms, abandonment, or for reasons in the public interest. Termination also occurs when, by the terms
of the lease, a fixed or agreed upon condition, event, or time occurs. For example, the lease terminates at expiration.
Termination ends the Lessee's right to use the public land for communication purposes.
"Suspension" is a temporary action and the privileges may be restored upon the occurrence of prescribed actions or
conditions.
2. This lease may be suspended or terminated upon breach of any of the terms or conditions herein or upon nonuse, or
when in the public interest. Nonuse refers to a failure to operate consistently the facilities on the property for any period
during the term in excess of 180 days. When suspended or terminated in the public interest, the Lessee will be compensated
subject to the availability of appropriated funds. Compensation will be based upon the initial cost of improvements located
on the lease, less depreciation as allocated over the life of the improvements as evidenced by the Lessee's Federal tax
amortization schedules.

3. Except in emergencies, or in case of nonuse, the Authorized Officer will give the Lessee written notice of the
grounds for termination or suspension and a reasonable time, not to exceed 90 days, to complete the corrective action. After
the prescribed period, the Bureau of Land Management is entitled to such remedies as are provided herein.
4. Any discretionary decisions or determinations by the Authorized Officer on termination or suspension are subject to
appeal in accordance with the regulations in Title 43, Code of Federal Regulations.
C. Restoration
1. In the event the Authorized Officer decides not to issue a new lease, or the Lessee does not desire a new lease, the
Lessee must, prior to the termination of this lease, restore and stabilize the site to the satisfaction of the Authorized Officer.
2. In the event this lease is revoked for noncompliance, the Lessee must remove all structures and improvements within
a reasonable period as determined by the Authorized Officer, except those owned by the United States, and must restore the
site as nearly as reasonably possible to its original condition unless this requirement is otherwise waived in writing by the
Authorized Officer.
3. If the Lessee fails to remove all structures or improvements within the prescribed period, they will become the
property of the United States and may be sold, destroyed, or otherwise disposed of without any liability to the United States.
D. Members of Congress. No member of or Delegate to Congress or Resident Commissioner may benefit from this lease either
directly or indirectly, except when the lease provides a general benefit to a corporation.
E. Reservations. This lease is granted subject to the following reservations by the United States:
1. The right to all natural resource products now or hereafter located on the property unless stated otherwise herein, and
the right to obtain, utilize, or dispose of such resources insofar as the rights and possession of the Lessee are not
unreasonably affected.
2. The right to modify the communications site plan as deemed necessary.
3. The right to enter upon the lease and inspect all facilities to assure compliance with the conditions of this lease.
4. The right of the United States to use or to authorize the use of the property for compatible uses, including the
subsurface and air space.
In the event of any conflict between any of the proceeding printed clauses or any provisions thereof and any of the following clauses
or any provision thereof, the preceding printed clauses control.

ACCEPTED this day of , 20 , I, the undersigned have read, understand
and accept the terms and conditions of this lease.
MARICOPA COUNTY
____________________________________
Bill Gates
Chairman of the Board of Supervisors
ATTEST:
____________________________________
Clerk of the Board
APPROVED AS TO FORM:
____________________________________
Deputy County Attorney
IN WITNESS WHEREOF, the Bureau of Land Management, by its Authorized Officer, has executed this lease on the day and year
first written above.
UNITED STATES OF AMERICA
(Signature of Authorized Officer) (Title of Authorized Officer)
(Printed Name of Authorized Officer) (Date)