ASLD 23-119052-03.PDF

STATE LAND DEPARTMENT
STATE OF ARIZONA
SPECIAL LAND USE PERMIT
Permit No. 23-119052-03
THIS SPECIAL LAND USE PERMIT ("Permit") is entered into by and between the State
of Arizona, Arizona State Land Department ("Permittor"), through the State Land
Commissioner ("Commissioner") and
MARICOPA COUNTY
("Permittee"). In consideration of the payment of a fee and of performance by the parties
of each of the provisions set forth herein, the parties agree as follows:
ARTICLE 1
SUBJECT LAND
1.1 Permittor grants to Permittee a non-exclusive permit for special use on the
State Land described in Appendix A attached hereto ("the Subject Land").
1.2 Permittee makes use of the Subject Land "as is" and Permittor makes no
express or implied warranties as to the physical condition of the Subject Land.
ARTICLE 2
TERM
2.1 The term of this Permit commences on October 28, 2017 ("Commencement
Date") and expires on October 27, 2027 ("Expiration Date"), unless sooner canceled or
terminated as provided herein or as provided by law. This Permit expires on the date
indicated and carries no holdover rights.
2.2 The Permittee will not assign the Subject Land herein described in this Permit
without the written consent of the State Land Commissioner, first obtained, and will, upon
the expiration of the Permit surrender peaceable possession of said land.
23-COM 5/93 (Rev. 10/2011)

ARTICLE 3
FEE
3.1 Permittee agrees to pay as a fee for this Permit the following amount, due and
payable in advance on the Commencement Date, and each year thereafter on the anniversary
of the Commencement Date:
Annual fee of $2,400.00
3.2 If Permittee should fail to pay the fee when due, the Commissioner at his
option, may cancel this Permit or declare the same forfeited.
3.3 There shall be added to the delinquent rental or other monies due, a penalty
and delinquent interest. The delinquent interest rate shall be set by the State Treasurer
according to law. The penalty shall be the greater of a minimum processing cost as
determined by the Commissioner or five (5%) percent. The delinquent rent, penalty and
interest shall be a lien on the improvements and property on the land.
3.4 Permittee shall make and keep for the term of the Permit and either (i) five (5)
years thereafter; or (ii) until the conclusion of any dispute concerning this Permit, whichever
is later, appropriate books and records concerning the operation of this Permit in accordance
with generally accepted accounting practice, including but not limited to legible copies of
Federal and State Tax Returns, General Ledger, Financial Statements, Bank Statements,
Sales Reports, Rent Roll (if applicable), receipts and other records. At Permittor's request,
Permittee shall make copies of these documents available at Permittor's office in Phoenix,
Arizona. Permittor, its duly authorized agents, employees and representatives shall have the
right at all times during the term of this Permit and for either (i) five (5) years thereafter; or
(ii) until the conclusion of any dispute whichever is later, to make reasonable examination of
those books, records or other material in order to obtain information which Permittor deems
necessary to administer this Permit or to obtain information to administer this Article 3 (Fee)
of this Permit. The Permittee shall cooperate fully in any such inspection or audit.
3.5 Failure to maintain the appropriate books and records as required by
paragraph shall establish a presumption in favor of Permittor in any dispute or legal action
pertaining to Article 3 (Fee) of this Permit.
ARTICLE 4
PERMITTED USE
4.1 This Permit grants authority only for the following specific purpose and
temporary structures; any other use by the Permittee of the land described herein, or of any
of the products therefrom, except as provided below, is expressly prohibited:
Equipment staging, temporary parking and landing area
23-CON1 5/93 (Rev. 10/2011) -2-

4.2 This Permit is subject to any leases, rights of way, and permits which may
exist, and any and all present commitments in connection with those leases and permits.
Permittee shall in no way interfere with the peaceful possession and use of the Subject Land
by a valid surface leaseholder or permittee of the Subject Land.
4.3 Permittor reserves the right to grant rights of way and easements over, across,
or upon the lands embraced in this Permit for public highways, railroads, tramways,
telephone, telegraph and transmission lines, pipe lines, irrigation works, flood control,
drainage works, logging and other purposes, and this Permit is issued subject to all existing
rights of way.
4.4 Permittee shall not cause nor grant permission to another to cause any waste
in or upon the Subject Land. Permittee, its employees and agents shall not cut, consume or
remove any timber, or standing trees that may be upon the Subject Land, without the prior
written consent of Permittor, except that Permittee may cut wood for fuel for domestic uses
arid authorized improvements on the Subject Land without such prior consent. Nothing
herein shall permit the cutting of saw timber for any purpose.
ARTICLE 5
CONFORMITY TO LAW
5.1 Permittee shall not use or permit the Subject Land to be used in any manner
that is not in conformity with all applicable Federal, State, County and municipal laws, rules
and regulations, unless Permittor determines and advises Permittee in writing otherwise.
5.2 This Permit shall terminate if Permittee is unable to or fails to obtain or loses
any governmental approval that is prerequisite to the special use for which this Permit is
issued, or that is necessary to construct, maintain or operate any facilities on the site in
connection with that special use.
ARTICLE 6
IMPROVEMENTS
6.1 Any and all structures placed by Permittee upon the Subject Land shall be
temporary and removable, and shall be removed upon expiration, cancellation, revocation
or termination of this Permit. The placement of permanent improvements upon the Subject
Land by Permittee is expressly prohibited; any permanent improvements so placed upon the
Subject Land by Permittee shall be removed by Permittee without damage to the Subject
Land or at the option of Permittor shall be forfeited and become the property of the State.
Permittee shall remain liable for the cost of removal of all improvements and for restoration
of the Subject Land, as set forth more fully in Article 13.
6.2 If at any time after the execution of this Permit it is shown to the satisfaction
of the State Land Commissioner that the Permittee herein has misrepresented, by
implication or otherwise the value of any reimbursable improvements placed upon the land
herein embraced and Permittee herein not being the owner of said improvements at the time
23-COM 5/93 (Rev. 10/2011) -3-

of the execution of this Permit, this Permit shall be null and void, at the option of the State
Land Commissioner, insofar as it relates to the land upon which said improvements are
situated.
ARTICLE 7
CANCELLATION, TERMINATION & ABANDONMENT
7.1 If at any time after the execution of this Permit, it is shown to the satisfaction
of the Commissioner, that there has been fraud or collusion upon the part of Permittee to
obtain or hold this Permit at a lesser fee than its value, or through such fraud and collusion
a former permittee of the Subject Land has been allowed to escape payment of the fee due
for the use of said land by the former permittee, this Permit shall be null and void, at the
option of the Commissioner, insofar as it relates to the land affected by said fraud or
collusion.
7.2 Permittee shall give Permittor 25 days notice in writing in advance of the
abandonment of said Subject Land or termination of these presents.
7.3 In the event any land affected by this Permit is reclassified by order of the
State Land Commissioner, or sold, this Permit will automatically cancel as to the land
reclassified or sold upon the issuance of a new lease or at the time of auction, whichever
occurs first.
7.4 If Permittee should fail to keep the covenants and conditions herein set forth,
the Commissioner, at his option, may cancel said Permit.
7.5 This Special Land Use Permit shall be terminable at will with 25 days written notice.
7.6 This contract is subject to cancellation pursuant to A.R.S. § 38-511.
ARTICLE 8
INSURANCE AND INDEMNITY
8.1 Indemnity. Permittee shall indemnify, defend, save and hold harmless the
State of Arizona, its departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees (hereinafter referred to as "State of Arizona") from and
against any and all claims, actions, liabilities, damages, losses, or expenses (including court
costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter
referred to as "Claims") for bodily injury or personal injury (including death), or loss or
damage to tangible or intangible property caused, or alleged to be caused, in whole or in
part, by the negligent or willful acts or omissions of Permittee or any of its owners, officers,
directors, agents, employees or contractors, arising out of or related to Permittee's
occupancy and use of the Subject Land. It is the specific intention of the parties that the
State of Arizona shall, in all instances, except for Claims arising solely from the negligent or
willful acts or omissions of the State of Arizona, be indemnified by Permittee from and
23-00111 5/93 (Rev. 10/2011) -4-

against any and all Claims. It is agreed that Permittee will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable.
8.2 Insurance Requirements. Permittee shall procure and maintain for the
duration of the Permit insurance against claims for injury to persons or damage to property
which may arise from or in connection with this Permit. The insurance requirements herein
are minimum requirements for this Permit and in no way limit the indemnity covenants
contained in this Permit. The State of Arizona in no way warrants that the minimum limits
contained herein is sufficient to protect the Permittee from liabilities that might arise out of
this Permit. Permittee is free to purchase such additional insurance as Perm ittee determines
necessary.
A. Minimum Scope and Limits of Insurance. Permittee shall provide coverage
with limits of liability not less than those stated below:
1. Commercial General Liability-Occurrence Form. The Policy shall include
bodily injury, property damage, personal injury and broad form contractual liability
coverage.
General Aggregate: $2,000,000.00
Personal Injury: $1,000,000.00
Each Occurrence: $1,000,000.00
Blanket Contractual Liability: $1,000,000.00
Fire Damage (Any one fire): $500,000.00
The policy shall be endorsed to or automatically include the following as additional
insured language: "The State of Arizona, its departments, agencies, boards, commissions,
universities and its officers, officials, agents, and employees shall be named as additional
insureds with respect to liability arising out of the use and/or occupancy of the property
subject to this Permit, as their interests may appear."
The policy shall contain a waiver of subrogation against the State of Arizona, its
departments, agencies, boards, commissions and its officers, officials, agents and employees
for losses arising from the Permittee.
Each liability policy or policies shall be written on an occurrence basis. Furthermore,
the minimum amount of coverage for the above shall be adjusted upward on Permittor's
reasonable request to be made no more frequently than once every two (2) years so that such
respective minimum amounts of coverage shall not be less than the amounts then required
by statute or generally carried on similarly improved real estate in the County herein
described, whichever is greater.
23-COM 5/93 (Rev. 10/2011) -5-

2. Property Insurance. Property insurance shall be required in the Replacement
Value amount of the Improvements. Property insurance shall be written on an "all risk,
replacement cost coverage", including coverage for flood and earth movement. The policy
shall contain a waiver of subrogation against the State of Arizona, its departments, agencies,
boards, commissions and its officers, officials, agents and employees for losses arising from
the Permittee.
B. Additional Insurance Requirements. The policies shall include, or be endorsed
to include, the following provisions:
1. The Perinittee's insurance coverage shall be primary insurance with respect
to all other available sources.
2. Permittee's liability and indemnification obligations pursuant to this Permit
shall not be limited by the coverage provided by Permittee.
C. Notice of Cancellation. Unless evidence of replacement coverage equivalent to
or exceeding the requirements of the Permit is verified according to subsection E below, each
insurance policy required by the insurance provisions of this Permit shall not be cancelled
or reduced below the requirements of this Permit in coverage or in limits except after thirty
(30) days' prior written notice has been given to the State of Arizona (ten (10) days prior
written notice due to non-payment). Such notice shall be sent directly to the Arizona State
Land Department, 1616 W. Adams, Phoenix, Arizona 85007, and shall be sent by certified
mail, return receipt requested.
D. Acceptability of Insurers. Insurance is to be placed with duly licensed or
approved non-admitted insurers in the State of Arizona with an "A.M. Best" rating of not
less than A-VII. The State of Arizona in no way warrants that the above-required minimum
insurer rating is sufficient to protect the Permittee from potential insurer insolvency.
E. Verification of Coverage. Permittee shall furnish the State of Arizona with
certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as
required by this Permit. The certificates for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf.
All certificates and endorsements are to be received and approved by the State of
Arizona before the Permit Term commences. Each insurance policy required by this Permit
must be in effect at or prior to the commencement of the Permit and must remain in effect
for the duration of the Permit. Failure to maintain the insurance policies as required by this
Permit or to provide timely evidence of renewal will be considered a material breach of the
Permit.
23-COM 5/93 (Rev. 10/2011) -6-

All certificates required by this Permit shall be sent directly to The Arizona State
Land Department, 1616 W. Adams, Phoenix, Arizona 85007. Permit number and location
description are to be noted on the certificate of insurance. In the event a claim is presented
against the state relating to this site or use of this site, or in the event a default has occurred
under this Permit, the State of Arizona reserves the right to require complete, certified copies
of all insurance policies and endorsements required by this Permit at any time, thereafter,
subject to such confidentiality as is permitted pursuant to applicable laws, rules and
regulations.
F. Approval. Any modification or variation from the insurance requirements in
this Permit shall be made by the contracting agency in consultation with the Department of
Administration, Risk Management Division. Such action will not require a formal Permit
amendment, but may be made by administrative action.
G. Exceptions. In the event the Permittee or sub-Lessee(s) is/are a public entity,
then the Insurance Requirements shall not apply. Such public entity shall provide Certificate
of Self Insurance. If the Permittee or sub-Lessee(s) is/are a State of Arizona agency, board,
commission, or university, none of the above shall apply.
H. Blanket Umbrella Policy. Anything in this Section to the contrary
notwithstanding, any insurance which Permittee is required to obtain pursuant to this
Section may be carried under a "blanket" or umbrella policy or policies covering other
properties or liabilities of Permittee, so long as the "blanket" or umbrella policy or policies
otherwise comply with the provisions of this Section and provided further that the policies
provide for a reserved amount with respect to the Subject Land so as to assure that the
amount of insurance required by this Section will be available notwithstanding any losses
with respect to other property covered by the blanket policies.
ARTICLE 9
ENVIRONMENTAL MATTERS
9.1 For purposes of this Permit, the term "Environmental Laws" shall include
but not be limited to any relevant federal, state or local environmental laws, and the
regulations, rules and ordinances, relating to environmental matters, and publications
promulgated pursuant to the local, state, and federal laws and any rules or regulations
relating to environmental matters. For the purpose of this Permit, the term "Regulated
Substances" shall include but not be limited to substances defined as "regulated substance,"
"solid waste," "hazardous waste," "hazardous materials," "hazardous substances," "toxic
materials," "toxic substances," "inert materials," "pollutants," "toxic pollutants,"
"herbicides," "fungicides," "rodenticides," "insecticides," "contaminants," "pesticides,"
"asbestos," "environmental nuisance," "criminal littering," or "petroleum products" as
defined in Environmental Laws.
9.2 Permittee shall strictly comply with all Environmental Laws, including,
without limitation, water quality, air quality, and handling, transportation, storage,
treatment, or disposal of any Regulated Substance on, under, or from the Subject Land.
23-COM 5/93 (Rev. 10/2011) -7-

Without limiting the foregoing, compliance includes that Permittee shall: (1) comply with all
reporting obligations imposed under Environmental Laws; (2) obtain and maintain all
permits required by Environmental Laws, and provide a copy to the Permittor within ten
business days of receipt of the permit; (3) provide copies of all documentation required by
Environmental Laws to the Permittor within ten business days of Permittee's submittal
and/or receipt of the documentation; (4) during the term of the Permit, provide copies of all
information it receives or obtains regarding any and all environmental matters relating to
the Subject Land, including but not limited to environmental audits relating to the Subject
Land regardless of the reason for which the information was obtained or whether or not the
information was required by Environmental Laws; (5) prevent treatment, storage, disposal,
handling or use of any Regulated Substances within the Subject Land without prior written
authorization from the Permittor.
9.3 Permittee at all times shall employ or designate an existing employee (the
"Designated Compliance Officer") who is responsible for knowing all Environmental Laws
affecting Permittee and Permittee business and monitoring Permittee's continued
compliance with applicable Environmental Laws. Upon request by the Permittor, Permittee
shall make the Designated Compliance Officer available to discuss Permittee's compliance,
answer any questions, and provide such reports and confirming information as the Permittor
may reasonably request.
9.4 At any time, the Permittor may request the Permittee to provide an
environmental audit of the Subject Land performed by an Arizona registered professional
engineer or an Arizona registered geologist. Permittee shall pay the entire cost of the audit.
9.5 At any time during the term of the Permit, the Permittor may require
Permittee to obtain one Phase I environmental assessment of the Subject Land performed
by an Arizona registered professional engineer or an Arizona registered geologist. If, based
upon the Phase I environmental assessment or its own independent investigation, the
Permittor identifies any possible violation of Environmental Laws or the terms of this
Permit, the Permittor may require Permittee to conduct additional environmental
assessments as the Permittor deems appropriate for the purpose of ensuring that the Subject
Lands are in compliance with Environmental Laws. The Phase I assessment, or any other
assessment required by the Permittor, shall be obtained for the benefit of both Permittee and
the Permittor. A copy of the Phase I report shall be provided both to Permittee and the
Permittor. The Permittor, in its sole discretion, shall have the right to require Permittee to
perform additional assessments of any damage to the Subject Land arising out of any
violations of Environmental Laws. If Permittee fails to obtain any assessments required by
the Permittor, Permittee shall pay the entire costs of any and all assessments required by the
Permittor, notwithstanding the expiration or termination of the Permit.
9.6 Permittee shall defend, indemnify and hold the Permittor harmless from and
against any and all liability, obligations, losses, damages, penalties, claims, environmental
response and cleanup costs and fines, and actions, suits, costs, taxes, charges, expenses and
disbursements, including legal fees and expenses of whatever kind or nature (collectively,
"claims" or "damages") imposed on, incurred by, or reserved against the Permittor in any
23-COM 5/93 (Rev. 10/2011) -8-

way relating to or arising out of any non-compliance with any Environmental Laws, the
existence or presence of any Regulated Substance, on, under, or from the Subject Land, and
any claims or damages in any way relating to or arising out of the removal, treatment,
storage, disposition, mitigation, cleanup or remedying of any Regulated Substance on, under,
or from the Subject Land by the Permittee, its agents, contractors, or subcontractors.
9.7 This indemnity shall include, without limitation, claims or damages arising out
of any and all violations of Environmental Laws regardless of any real or alleged fault,
negligence, willful misconduct, gross negligence, breach of warranty, or strict liability on the
part of any of the indemnitees. This indemnity shall survive the expiration or termination
of this Permit and/or transfer of all or any portion of the Subject Land and shall be governed
by the laws of the State of Arizona.
9.8 In the event any action or claim is brought or asserted against the Permittor
which is or may be covered by this indemnity, the Permittee shall fully participate, at
Permittee's expense, in the defense of the action or claim including but not limited to the
following: (1) the conduct of any required cleanup, removal or remedial actions and/or
negotiations, (2) the conduct of any proceedings, hearings, and/or litigation, and (3) the
negotiation and finalization of any agreement or settlement. The Permittor shall retain the
right to make all final decisions concerning the defense. The Permittee's obligations to
participate in the defense under this Section shall survive the expiration or termination of
the Permit.
9.9 Prior to the termination of the Permit and in addition to those obligations set
forth in Article 13.2, Permittee shall restore the Subject Land by removing any and all
Regulated Substances. In addition, the restoration shall include, but not be limited to,
removal of all waste and debris deposited by the Permittee. if the Subject Land or any
portions thereof are damaged or destroyed from the existence or presence of any Regulated
Substance or if the Subject Land or any portions thereof are damaged or destroyed in any
way relating to or arising out of the removal, treatment, storage, disposition, mitigation,
cleanup or remedying of any Regulated Substance, the Permittee shall arrange, at its
expense, for the repair, removal, remediation, restoration, and reconstruction to the Subject
Land to the original condition existing on the date that the Permittee first occupied the
Subject Land, to the satisfaction of the Permittor. In any event, any damage, destruction, or
restoration by Permittee shall not relieve Permittee from its obligations and liabilities under
this Permit. The Permittee's restoration obligations under this Section shall survive the
expiration or the termination of the Permit.
ARTICLE 10
PERMIT; SEVERABILITY
10.1 This Permit does not create a lease, easement, or other estate or right in the
real property. In the event this document or any supplemental attachments contains any
wording that a court of law interprets as creating a leasehold interest, that wording shall be
void but shall not affect the remaining terms and conditions of the Permit.
23-COM 5/93 (Rev. 10/2011) -9-

ARTICLE 11
RESERVATIONS; RELINQUISHMENTS
11.1 Permittor excepts and reserves out of the Permit hereby made, all oils, gases,
coal, ores, limestone, minerals, fossils and fertilizers of every name and description that may
be found in or upon the Subject Land or any part thereof.
11.2 Permittor reserves the right to relinquish to the United States lands needed for
irrigation works in connection with a government reclamation project, and to grant or
dispose of rights of way and sites for canals, reservoirs, dams, power or irrigating plants or
works, railroads, tramways, transmission lines, or any other purpose or use on or over the
Subject Land.
ARTICLE 12
NATIVE PLANTS AND CULTURAL RESOURCES
2.1 (a) Pursuant to A.R.S. §§ 41-841 and 41-842, Permittee, Permittee's
employees, and Permittee's guests shall not excavate or collect any prehistoric or historic
archaeological specimens on the Subject Land without a permit from the Director of the
Arizona State Museum and written approval of Permittor pursuant to the terms of this
Permit. Permittee shall immediately report any unpermitted excavation or collection of
archaeological specimens on the Subject Land to the Arizona State Museum and Permittor.
(b) Pursuant to A.R.S. § 41-844, Permittee shall report to the Director of
the Arizona State Museum and Permittor any prehistoric or historic archaeological site, or
paleontological site, that is discovered on the Subject Land by Permittee, Permittee's
employees, or Permittee's guests, and shall, in consultation with the Director of the Arizona
State Museum and Permittor, immediately take all reasonable steps to secure the
preservation of the discovery.
12.2 (a) Permittee shall not move, use, destroy, cut or remove or permit to be
moved, used, destroyed, cut or removed any timber, cactus, native plants, standing trees or
products of the land except that which is necessary for the use of the Subject Land, and then
only with the prior written approval of Permittor. For undeveloped land, the Permittee must
submit a plant survey prior to the removal of any native plant. If the removal or destruction
of plants protected under the Arizona Native Plant Law (A.R.S. § 3-901 et seq., or any
successor statutes) is necessary to the use of the Subject Land, Permittee shall also obtain the
prior written approval of the Arizona Department of Agriculture. In the event the Permittee
removes the native plants, the Permittee must pay a vegetation fee to the Permittor and this
fee is not a reimbursable improvement.
(b) Permittee is responsible for treatment of all regulated and restricted
noxious weeds listed by the Arizona Department of Agriculture.
23-COM 5/93 (Rev. 10/2011) -10-

ARTICLE 13
PERMITTEE SHALL PROTECT AND RESTORE SUBJECT LAND
13.1 In the event of known trespass on the Subject Land resulting in damage
thereto, Permittee shall notify Permittor and appropriate law enforcement authorities.
13.2 Upon abandonment, cancellation, revocation or termination of this Permit,
Subject Land shall be restored to its original condition, to the satisfaction of the Permittor.
Such restoration shall include, but shall not be limited to, removal of any and all material,
equipment, facilities, temporary structures, or debris, deposited by Permittee on Subject
Land. If Permittee fails to remove all such material, equipment, facilities, temporary
structures, or debris within a reasonable period, as determined by the Permittor, they shall
be forfeited and become the property of the State, but Permittee shall remain liable for the
cost of removal of all materials and for restoration of the site.
ARTICLE 14
MISCELLANEOUS
14.1 It is understood by Permittee that the establishment of any water right, or
rights, shall be by and for the State of Arizona, and no claim thereto shall be made by said
Permittee; such rights shall attach to and become appurtenant to the Subject Land.
14.2 This Permit is granted subject to all the provisions and requirements thereto,
and to the present laws relating to State Lands, and all amendments, revisions or repeals of
all existing laws, the same as though they were fully set forth herein. No provisions of this
Permit shall create any vested right in Permittee.
14.3 In the event of a dispute between the parties to this Permit, it is agreed to use
arbitration to resolve the dispute but only to the extent required by A.R.S. § 12-1518; and in
no event shall arbitration be employed to resolve a dispute which is otherwise subject to
administrative review by the Department.
14.4 In any action arising out of this Permit, the prevailing party is entitled to
recover reasonable attorneys' fees in addition to the amount of any judgment, costs and other
expenses as determined by the court. In the case of Permittor, reasonable attorneys' fees
shall be calculated at the reasonable market value for such services when rendered by private
counsel, notwithstanding that it is represented by the Arizona Attorney General's Office or
other salaried counsel.
14.5 This document is submitted for examination and shall have no binding effect
on the parties unless and until executed by Permittor (after execution by Permittee), and a
fully executed copy is delivered to the Permittee.
14.6 Permittee shall adhere to all rules, regulations, ordinances, and building codes
as promulgated by local jurisdictions and any applicable agencies.
23-CON1 5/93 (Rev. 10/2011)

14.7 All of the covenants, conditions and agreements, attached -to this Permit, shall
be, become and are a part of the Permit, the same as though set forth in full over the
signatures of the contracting parties hereto.
14.8 Every obligation of the State under this Permit is conditioned upon the
availability of funds appropriated or allocated for the payment of such obligation. If funds
are not allocated and available for the continuance of this Permit, this Permit may be
terminated by the State at the end of the period for which funds are available. No liability
shall accrue to the State in the event this provision is exercised, and the State shall not be
obligated or liable for any future payments or any damages as a result of termination under
this paragraph.
14.9 The parties agree to be bound by applicable State and Federal rules governing
Equal Employment Opportunity, Non-discrimination and Disabilities, including Executive
Order No. 2009-09.
23-COI 5/93 (Rev. 10/2011) -12-

APPENDIX A
STATE OF ARIZONA LAND DEPARTMENT RUN DATE: 13 May 2019
1616W. ADAMS RUNTIME: 11:35 AM
PHOENIX, AZ 85007 PAGE: 1
KE-LEASE# 023-119052-03-001 APPTYPE: RENEWAL
AMENDMENT#: 0
LAND# LEGAL DESCRIPTION AUS ACREAGE
07.0-N-02.0-E-11-07-031-8020 M&B IN W2NE 0.00 0.370
TOTALS 0.00 0.370

TN WITNESS HEREOF, the parties hereto have signed this Permit effective the day and
year set forth below.
STATE OF ARIZONA, PERMITTOR
Arizona State Land Commissioner MARICOPA COUNTY
PERMITTEE
By Date Address
(SEAL) /City /State /Zip
/By: Chairman, Board of Supervisors
ATTEST:
/Clerk, Board of Supervisors /Date
Approved as to
Content: /Deputy County Attorney ate
23-COM 5/93 (Rev. 10/2011) -13-