MES1092 FISH CREEK LEASE - FINAL 05.04.18.DOCX

Auth ID: MES1092 FS-2700-10b (V.01/17)
Contact Name: MARICOPA COUNTY OMB No. 0596-0082
Expiration Date: 12/31/2047
Use Code: 806
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
COMMUNICATIONS USE LEASE
AUTHORITY:
Section 501(a)(5) of the Federal Land Policy and Management Act,
43 U.S.C. 1761(a)(5)
C-78-018-____-___-00
MARICOPA COUNTY 301 W. JEFFERSON ST PHOENIX, AZ UNITED STATES 85003.
This lease is issued by the United States of America, acting through the United States Department of Agriculture, Forest
Service (hereinafter the "United States" or "Forest Service"), as authorized by section 501(a)(5) of the Federal Land Policy
and Management Act, 43 U.S.C. 1761(a)(5), to MARICOPA COUNTY, a political subdivision of the State of Arizona,
its agents, successors, and assigns (hereinafter the "lessee").
The United States and the lessee are jointly referred to in this lease as the "parties." The term "authorized officer" refers to
the Forest Service official having the delegated authority to execute and administer this lease. Generally, unless otherwise
indicated, this authority may be exercised by the Forest Supervisor or District Ranger of the TONTO NATIONAL FOREST
in which the following described lands are located.
The United States, in consideration of the terms and conditions in this lease and the payment to the United States of rent
in advance by the lessee, hereby issues the lessee a lease for the following described communications facility in the
County of AZ: MARICOPA State of ARIZONA, NW1/4 Sec. 10, T. 2 N., R. 10 E., GILA AND SALT RIVER MERIDIAN
(hereinafter called the "lease area"). The lessee accepts this lease and possession of the lease area, subject to any valid
existing rights, and agrees to use the lease area only for construction, operation, maintenance, and termination of a
Private Mobile Radio Service communications facility. Authorized facilities under this lease include:
Equipment shelters: 14 ft x 28 ft Concrete Block
Antenna support structures: 30 ft monopole
Ancillary improvements: Self-contained diesel generator inside building, Retaining Wall, Underground electric
service,
The location of the lease area is described or shown generally in the communications site management plan and/or
communications site map dated 07/30/2017 for the Fish Creek Overlook Communications Site, which is attached as
Appendix A of this lease. This and any other appendices are hereby incorporated into this lease.
This lease is subject to A.R.S. §38-511 and may be cancelled pursuant thereto by any of the Parties (collectively the
Parties or individually as a Party). This lease may be terminated by any Party at the end of any fiscal year due to non-
appropriation of funds without any penalty or liability to the other Party. Lessee shall provide no less than three (3) months
advance written notice to the authorized officer of the need to terminate this lease due to non-appropriation of funds. The
authorized officer and the lessee shall, within two (2) months prior to the termination date of this lease, agree upon a
timeline for removal of lessee’s improvements and a mitigation plan to restore and stabilize the site lease area.
Notices.
All notices herein required to be in writing shall be sent to Forest Service at:
United States Department of Agriculture, Forest Service
Attn: Forest Supervisor, Tonto National Forest
2324 E McDowell Rd
Phoenix, AZ 85006
Notices to lessee shall be sent to:
Maricopa County Real Estate Department
Attn: Director

2801 W. Durango Street
Phoenix, Arizona 85009
Any additional appendices to this lease are incorporated into and made a part of this instrument as fully and effectively as
if they were set forth herein in their entirety.
This lease is issued subject to the following terms and conditions.
I. TENURE, RENEWAL AND TRANSFERABILITY
A. This lease shall terminate at one minute after midnight on 12/31/2047. Termination at the end of the lease term shall
occur by operation of law and shall 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.
B. The lessee shall undertake and pursue with due diligence construction and operation that is authorized by this lease.
To the extent specified in Exhibit A & Exhibit B operation shall commence by December 31, 2019. This lease shall
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 shall 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 shall 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
shall require payment of any amounts owed the United States under any Forest Service authorization
before issuance of another authorization.
D. This lease is assignable with prior written approval of the authorized officer, except when rent has been
exempted or waived in whole or in part. Renting of space does not constitute an assignment under this
clause.
II. RENT
A. The lessee shall pay rent annually in advance as determined by the authorized officer in accordance
with law, regulation, and policy. The annual rent shall 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 rent, if applicable.
B. Rent is due at the close of business on January 1 of each year for which a payment is due. Payments in
the form of a check, draft, or money order are payable to USDA, Forest Service. If the due date for the rent
falls on a non-work day, the charges shall not apply until the close of business on the next workday. This
lease shall terminate if rent is not received by the Forest Service within 90 calendar days of the due date.
C. Pursuant to 31 U.S.C. 3717 et seq., interest shall be charged on any rent not paid within 30 days from
the date the rental or rental calculation financial statement specified in this authorization becomes due. The
rate of interest assessed shall be the higher of the rate of the current value of funds to the U.S. Treasury
(i.e., Treasury tax and loan account rate), as prescribed and published by the Secretary of the Treasury in
the Federal Register and the Treasury Fiscal Requirements Manual Bulletins annually or quarterly or at the
Prompt Payment Act rate. Interest on the principal shall accrue from the date the rent is due. 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 than 90 days past due. This paragraph shall survive the
termination or revocation of this lease, regardless of cause.
D. Disputed rent is due and payable by the due date. No appeal of rent shall be considered by the Forest
Service without full payment of the disputed amount.
III. RESPONSIBILITIES OF THE LESSEE
A. The lessee is authorized to rent space and provide other services to customers and tenants and shall
charge each customer and tenant a reasonable rent without discrimination for the use and occupancy of

the facilities and services provided. The lessee shall not impose unreasonable restrictions or restrictions
restraining competition or trade practices. By October 15 of each year, the lessee shall provide the
authorized officer a certified statement listing all tenants and customers by category of use in the
authorized facilities on September 30 of that year.
B. All development, operation and maintenance of the authorized facilities, improvements, and equipment
located in the lease area shall be in accordance with stipulations in the applicable communications site
management plan approved by the authorized officer. If required by the authorized officer, all plans for
development, layout, construction, or alteration of improvements in the lease area, as well as revisions of
those plans, must be prepared by a licensed engineer, architect, and/or landscape architect. These 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 shall be provided to the authorized officer and
appended to the communications site management plan.
C. The lessee shall 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
authorized facilities or lease area. A failure by the United States or other governmental officials to inspect is
not a defense to noncompliance with any of the terms and conditions of this lease. The lessee waives all
defenses of laches or estoppel against the United States. The lessee shall at all times keep the title of the
United States to the lease area free and clear of all liens and encumbrances.
D. Use of communications equipment in the lease area is contingent upon possession of a valid Federal
Communication Commission (FCC) license or Director of Telecommunications
Management/Interdepartmental Radio Advisory Committee (DTM/IRAC) authorization and operation of the
equipment in strict compliance with applicable requirements of the FCC or IRAC. A copy of each applicable
license or authorization shall at all times be maintained by the lessee for each transmitter being operated.
The lessee shall provide the authorized officer, when requested, with current copies of all FCC licenses
and DTM/IRAC authorizations for equipment in or on facilities covered by this lease.
E. The lessee shall ensure that equipment within facilities authorized by this lease (including tenant and
customer equipment) operates in a manner that will not cause harmful interference with the operation of
existing equipment on or adjacent to the communications site covered by this lease. If the authorized
officer or authorized official of the FCC determines that the lessee's use interferes with existing equipment,
the lessee will 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 shall furnish technical information concerning the
equipment located in the lease area.
IV. LIABILITIES
A. The lessee assumes all risk of loss to the authorized facilities and ancillary improvements.
B. The lessee shall 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,
Compensation, 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 in the lease area.
C. Subject only to the limits on the holder's liability under the State Tort Claims Act, the holder shall
indemnify, defend, and hold harmless the United States for any costs, damages, claims, liabilities, and
judgments arising from past, present, and future acts or omissions of the holder in connection with the use
or occupancy authorized by this permit. This indemnification provision includes but is not limited to acts and
omissions of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees in
connection with the use or occupancy authorized by this permit which result in (1) violations of any laws
and regulations which are now or which may in the future become applicable, and including but not limited
to those environmental laws listed in clause V.A of this permit; (2) judgments, claims, demands, penalties,
or fees assessed against the United States; (3) costs, expenses, and damages incurred by the United
States; or (4) the release or threatened release of any solid waste, hazardous waste, hazardous materials,

pollutant, contaminant, oil in any form, or petroleum product into the environment. The authorized officer
may prescribe terms that allow the holder to replace, repair, restore, or otherwise undertake necessary
curative actions to mitigate damages in addition to or as an alternative to monetary indemnification.
D. The Forest Service has no duty, either before or during the lease term, to inspect the lease area or to warn of hazards
and, if the Forest Service inspects the lease area, it shall incur no additional duty nor any liability for hazards not identified
or discovered through those inspections. This paragraph shall survive 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.
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 Forest Service at any time pays any sum of money or does any act which will require
payment of money or incurs any expense, including reasonable attorney's fees, in instituting, prosecuting, or defending
any action or proceeding to enforce the United States' rights hereunder, the sums paid by the United States, with all
interests, costs, and damages, shall at the election of the Forest Service be deemed to be additional rent under this lease
and shall be due from the lessee to the Forest Service on the first day of the month following that election.
V. MISCELLANEOUS PROVISIONS
A. Nondiscrimination. The lessee and its employees shall not discriminate against any person on the basis of race, color,
sex (in educational and training programs), national origin, age, or disability or by curtailing or refusing to furnish
accommodations, facilities, services, or use privileges offered to the public generally. In addition, the lessee and its
employees shall comply with the provisions of Title VI of the Civil Rights Act of 1964 as amended, Section 504 of the
Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and the Age
Discrimination Act of 1975, as amended.
B. Revocation, Termination and Suspension
1. General. For purposes of this lease, termination, revocation, and suspension refer to the cessation of uses and
privileges under the lease.
"Revocation" 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. Revocations are appealable.
"Termination" refers to the cessation of the lease under its own terms without the necessity for any decision or action by
the authorized officer. Termination occurs automatically when, by the terms of the lease, a fixed or agreed upon condition,
event, or time occurs. For example, the lease terminates at expiration. Terminations are not appealable.
"Suspension" refers to a revocation which is temporary and the privileges may be restored upon the occurrence of
prescribed actions or conditions. Suspensions are appealable.
2. This lease may be suspended or revoked upon breach of any of the conditions herein or upon nonuse. Nonuse refers to
a failure to operate the authorized facilities on the property for a period of 1 years.
3. Except in emergencies, the authorized officer shall give the lessee written notice of the grounds for revocation or
suspension and a reasonable time, not to exceed 90 days, to complete the corrective action. After 90 days, the Forest
Service is entitled to such remedies as provided herein.
4. This lease may be revoked at the discretion of the Forest Service when in the public interest. When revoked in the
public interest, the lessee shall be compensated subject to the availability of appropriated funds. Compensation shall be
based upon the initial cost of improvements located on the lease, less depreciation as allocated over the life of the
authorized facilities, based on the Lessee's federal tax amortization schedules.
5. Written decisions by the authorized officer relating to administration of this lease are subject to administrative appeal
pursuant to 36 CFR 214.
6. If upon expiration of this lease the authorized officer decides not to issue a new lease, or the lessee does not desire a
new lease, the authorized officer and the lessee shall, within six months prior to the termination date of this lease, agree
upon a mitigation plan to restore and stabilize the site lease area.

7. Upon termination or revocation of the authorization, delinquent fees and other charges associated with the authorization
will be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 3711 et seq. Delinquencies may
be subject to any or all of the following conditions:
a. Administrative offset of payments due the lessee from the Forest Service.
b. Delinquencies in excess of 60 days shall be referred to United States Department of the Treasury for appropriate
collection action as provided by 31 U.S.C. 3711 (g), ()(1).
c. The Secretary of the Treasury may offset an amount due the debtor for any delinquency as provided by 31 U.S.C. 3720
et seq.). If this lease is revoked for noncompliance, the lessee shall remove all authorized structures and improvements,
except those owned by the United States, within 90 days, and shall restore the site as nearly as reasonably possible to its
original condition unless this requirement is waived in writing by the authorized officer.
If the lessee fails to remove all authorized structures or improvements within the prescribed period, they shall become the
property of the United States and may be sold, destroyed, or otherwise disposed of without any liability to the United
States.
C. No member of or delegate to Congress or resident commissioner shall benefit from this lease whether directly or
indirectly, other than to the extent the lease provides a general benefit to a corporation.
D. This lease is issued subject to the following reservations by the United States:
1. The right of the United States to all natural resources now or hereafter located in the lease area unless stated
otherwise, and the right to utilize or dispose of those resources insofar as the rights of the lessee are not unreasonably
affected.
2. The right of the United States to modify the communications site management plan as deemed necessary.
3. The right of the United States to enter the lease area and inspect all authorized facilities to ensure compliance with the
terms and conditions of this lease.
4. The right of the United States to require common use of the lease area and the right to authorize use of the lease area
for compatible uses.
E. The Forest Service and the lessee shall keep each other informed of current mailing addresses.
F. This lease supersedes a special use authorization designated N/A.
G. If there is any conflict between any of the preceding printed clauses and any of the following clauses the preceding
printed clauses shall control.
H. Cultural Resources Protection (D001RO). The holder, contractor, or lessee shall be responsible for the protection
from damage of all identified cultural resources within the area which may be affected by their actions. In addition, the
holder, contractor, or lessee shall be liable for all damage or injury to the identified cultural resources caused by their
actions. The holder, contractor, or lessee shall immediately notify the agency Project Administrator if any damage occurs
to any cultural resource and immediately halt work in the area in which damage has occurred until approval to proceed
has been granted by the Project Administrator after consultation with the Forest Archeologist. All provisions of the Region
3 Cultural Resources Damage Assessment Handbook are incorporated by reference herein.
I. Native American Grave Protection and Repatriation Act (X003RO). Pursuant to the Native American Grave Protection
and Repatriation Act (NAGPRA) 25 USC 3002(d); 43 CFR Part 10.4, if any human remains, funerary objects, sacred
objects, or objects of cultural patrimony are discovered during the course of ground disturbing activity, the Lessee will
immediately cease activity in the area of the discovery and will make a reasonable effort to protect the remains and
objects. The Lessee will provide immediate telephone notification of the discovery to the Forest Service, and will follow up
with written confirmation to the authorized officer. The Lessee will not resume the activity that resulted in the discovery
until the authorized officer gives written approval. Approval to resume the activity, if otherwise lawful, will be given thirty
(30) days after certification by the authorized officer of the Lessee's written confirmation of the discovery, or at any time
that a written binding agreement is executed between the Forest Service and the affiliated tribes adopting a recovery plan
for the remains and objects.

J. Fees - Exemptions and Waivers (A-10). LAND USE FEES. The use or occupancy authorized by this permit is exempt
from a land use fee or the land use fee has been waived in full pursuant to 36 CFR 251.57 and Forest Service Handbook
2709.11, chapter 30. Every 5 years, the Authorized Officer shall review the criteria for a land use fee waiver, and if they no
longer apply, shall charge the full land use fee.
K. Improvement Relocation (X-33). This authorization is granted with the express understanding that should future location
of United States Government-owned improvements or road rights-of-way require the relocation of the holder's
improvements, such relocation will be done by, and at the expense of, the holder within a reasonable time as specified by
the Authorized Officer.
THIS LEASE IS GRANTED SUBJECT TO ALL ITS TERMS AND CONDITIONS.
BEFORE ANY LEASE IS ISSUED TO AN ENTITY, DOCUMENTATION MUST BE PROVIDED TO THE AUTHORIZED
OFFICER OF THE AUTHORITY OF THE SIGNATORY FOR THE ENTITY TO BIND IT TO THE TERMS AND
CONDITIONS OF THE LEASE.
MARICOPA COUNTY,
a political subdivision of the State of Arizona
By: Steve Chucri Date
Chairman of the Maricopa County Board of Supervisors
ATTEST:
Clerk of the Board of Supervisors Date
APPROVED AS TO FORM:
Deputy County Attorney
APPROVED:
Neil Bosworth
Forest Supervisor
Tonto National Forest
_____________________________________________________________________________________________
NAME AND TITLE OF AUTHORIZED OFFICER SIGNATURE DATE
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The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national
origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic
information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all
prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information
(Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC
20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-
8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer.
The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for
information received by the Forest Service.