LICENSE AGREEMENT WITH AGFD FOR MARICOPA TRAIL SEGMENT 9.PDF

Land and Water Program
Arizona Game and Fish Department
5000 West Carefree Highway
Phoenix Arizona 85086
Agreement Number: HAB-17-1201RHB
Property Name: Baseline and Meridian Wildlife Area
Property Location: T01N, R01E, Sec. 31 and T01N, R01W, Sec. 36
Maricopa County
License Agreement
State of Arizona
Arizona Game and Fish Commission
and
Maricopa County
1. Parties. This License Agreement (License) is between the State of Arizona, by and
through the Arizona Game and Fish Commission (Commission) and the Arizona Game and Fish
Department (Department), and its Director, acting as Secretary for the Commission; and
Maricopa County, a political subdivision of the State of Arizona (County) through its County
and Recreation Department, for the purpose of recreational trail across a portion of Commission-
owned Baseline and Meridian Wildlife Area (BMWA) in Maricopa County, Arizona.
2. Authority. The Commission may enter into this License pursuant to Arizona Revised
Statutes (A.R.S.) § 17-231 (B)(7). The County may enter this Agreement pursuant to A.R.S §§ 11-
251, 11-931, and 11-951 et seq..
3. Recitals.
Whereas, the Commission owns Base and Meridian Wildlife Area located in Maricopa
County, Arizona, and
Whereas, County has requested use of an existing road alignment which traverses the
BMWA, for non-exclusive use as a non-motorized recreational trail, and
Whereas, the above referenced trail will be incorporated into the existing Maricopa
County Trail, defined herein below, system, and
Whereas, the Commission has found that the use of BMWA for this limited purpose is in
the furtherance of the public interest.
Now Therefore, under the terms and conditions described herein, and in consideration of the
covenants and promises contained in this License and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Terms and Conditions
A. Permission. The Commission does hereby grant permission to the County,
subject to all existing easements, rights-of-ways, restrictions, conditions, covenants and

Maricopa County Trail Agreement Page 2 |
liabilities as may appear of record, a non-exclusive license to utilize the existing old
roadway (old 115th Ave) (Roadway) on the BMWA located more or less along the border
between Section 36, Township 01 North, Range 01 West, and Section 31, Township 1N,
Range 1 East, all in the Gila and Salt River Base and Meridian, Maricopa County,
Arizona, and more particularly described in Exhibit “A” (the “Trail”), attached hereto and
incorporated herein by reference, for use as a non-motorized recreational trail to be
incorporated into the existing Maricopa County Trial system in accordance with the
provisions of this Agreement.
B. License. This non-exclusive License is for a non-motorized recreational trail
through the BMWA, as more fully described in Exhibit A, for use by the general public.
No property interest in the use of the Trail is conveyed to the County or to any other
party.
C. Term of License. The term of this License shall be for a period of ten (10) years
from the date of last signature.
D. Department of Interior/Bureau of Land Management Patent and Recreation
and Public Purposes Act Requirements. This License is subject to all of the terms,
conditions, and provisions of that certain United States of America Patent No. 02-73-
0060, the United States Department of Interior, Bureau of Land Management Decision
dated July 30, 1963, Recreational Purchase Application Arizona 03252, the terms of
which are incorporated herein and made a part hereof by reference, along with any and all
amendments and revisions thereof.
E. Use of Trail for Non-Motorized Recreation Only. Use of the Trail is for non-
motorized public recreation only. Access to the Trail for commercial or industrial
purposes is prohibited. Special events consistent with the purpose of the License, such as
foot races, may be authorized with prior coordination with the Department. The County
shall exercise reasonable precautions to limit damage to the Trail and adjacent lands
caused by public use.
F. Maintenance of Trail. Routine maintenance of the Trail shall be the
responsibility of the Department. Maintenance of signage or other improvements placed
by the County shall be the responsibility of the County. The County shall obtain prior
written permission from the Department prior to any proposed new construction,
alteration, or other work activity on the Trail. Trail maintenance that involves tree and
shrub removal or significant pruning shall occur between October 1 and May 31 to avoid
disruption during breeding bird seasons per the Draft Safe Harbor Agreement TE-
75475A (Exhibit B) and incorporated herein and made a part hereof by reference.
G. Flammable Materials. The County shall not cause or allow the use or disposal
of flammable materials on or adjacent to the Trail. Use or disposal of firecrackers, other
incendiary devices, or smoking materials on or adjacent to the Trail is strictly prohibited.
H. Regulated or Hazardous Substances. The County shall not use or dispose of
regulated substances, hazardous wastes, hazardous substances, toxic substances or
pesticides, as those terms are defined in the Resource Conservation and Recovery Act (as
amended by the Hazardous and Solid Waste Amendments of 1984), 42 U.S.C. § 6901 et

Maricopa County Trail Agreement Page 3 |
seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. § 9601 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. § 510 et
seq., the Toxic Substance Control Act, 15 U.S.C. 260 et seq., the Federal Insecticide,
Fungicide and Rodenticide Act, 7 U.S.C. § 136j, et seq., on or adjacent to the Roadway.
I. Trail Use Restriction. The County shall install, or cause to be installed, and
maintain a modified step over gate at each end of the Trail for the purpose of restricting
motorized use of the Trail. The County shall install and maintain Informational Markers
for the purpose of identifying the course of the Trail or safety issues along the Trail as
needed. Such improvements shall meet standards approved by the Department. The
County shall obtain prior written permission of the Department prior to any proposed
new construction, alteration, or other work activity on the Trail not authorized herein.
J. Native Plants. If the removal of plants protected under the Arizona Native Plants
Law, A. R. S. § 3-901 et seq. is necessary to exercise safe Trail access, the County must
secure the prior written permission of the Arizona Commission of Agriculture and
Horticulture.
K. Cultural Resources.
1. County shall report the discovery of any prehistoric, protohistoric, or
historic artifacts or features immediately to the Department’s Cultural Resources
Compliance Manager (623-236-7620) or Habitat Branch (623-236-7600), and
immediately cease any ground disturbing activity.
2. If human remains are encountered, all work must stop immediately and the
discovery must be reported to the Department’s Cultural Resources Compliance
Manager (623-236-7620) or Habitat Branch (623-236-7600), and the Repatriation
Coordinator at the Arizona State Museum (520-621-4795) must be notified
pursuant to state law, A.R.S. 41-844 and A.R.S. 41-866.
L. Compliance with Applicable Laws. The 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.
M. Indemnification. Each Party (as "indemnitor") agrees to indemnify, defend, and
hold harmless the other Party (as "indemnitee") from and against any and all claims,
losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter
collectively referred to as "claims") arising out of the negligent performance of this
Agreement, but only to the extent that such claims which result in vicarious/derivative
liability to the indemnitee are caused by the act, omission, negligence, misconduct, or
other fault of the indemnitor, its officers, officials, agents, employees, or volunteers.
N. 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.
2. Commission Reservations.

Maricopa County Trail Agreement Page 4 |
A. Trail Redesign. The Commission retains the right to redesign, rebuild or realign
the Trail at any time that the Department determines such actions are in the best interests
of the management of BMWA.
B. Fencing. The Commission may erect fences or take other actions for the
protection of patrons of BMWA and of wildlife in a manner which will not interfere
unreasonably with public use of the Trail.
3. Termination by BLM of Patent to the Commission. It is understood and agreed that if
the Commission's interest or right to any portion of BMWA where the Trail is situated is
terminated by the United States Bureau of Land Management prior to the expiration of this
License, then this License is subject to termination along with any and all of the Commission's
obligations hereunder.
4. Termination and Abandonment. Either party may terminate this License upon thirty
(30) days written notice to the other party. In the event the County should abandon use of Trail
prior to its termination, this License may be terminated by the Commission upon notice to the
County and without any liability to the County. Upon termination, the County is responsible for
removal of signage and other improvements placed by the County.
5. Conflict of Interest. This License is subject to termination pursuant to A.R.S. § 38-511
if any person significantly involved in initiating, negotiating, securing, drafting or creating this
License on behalf of the state, its political subdivisions or any of the departments or agencies is,
at any time while the License or any extension thereof is in effect, an employee or agent of any
other party to the License.
6. Notices. Any notices given pursuant to this License shall be in writing and shall be
delivered in person or forwarded by certified mail, return receipt requested, addressed as follows
or to such other address as either party may from time to time furnish in writing to the other
party by notice hereunder. Any notice so mailed shall be deemed to have been given as of the
date such notice is received.
A. For the Commission:
Director, Arizona Game & Fish Department
5000 West Carefree Highway
Phoenix, Arizona 85086
B. For County:
Director, Maricopa County and Recreation Department
Headquarters Administrative Offices
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
7. Amendments. Amendments to this License may 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.
8. No Assignment. This License is between the Arizona Game and Fish Commission and

Maricopa County Trail Agreement Page 5 |
Countythe County and is not assignable.
9. Invalidity of a Term. The Parties agree that in the event any term, covenant or condition
of this License 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
License.
10. Clause Numbers and Headings. Clause numbers and headings are not to be construed
as part of this License.
11. State Non-Discrimination Orders. In the event that it applies, the parties agree to
comply with the Governor’s Executive Order No. 99-4 entitled “Prohibition of Discrimination in
State Contracts—Non-Discrimination in Employment by Government Licensees and Sub-
licensees.” Said non-discrimination orders, by reference, are made a part of this agreement.
12. Arbitration. To the extent required pursuant to A.R.S. § 12-1518, and any successor
statutes, the parties agree to use arbitration, after exhausting all applicable administrative
remedies, to resolve any dispute arising out of this Agreement.
Authorization. In Witness Whereof, each Party warrants that he/she has the capacity and
authority to execute this License.
APPROVED: State of Arizona
Arizona Game and Fish Commission
By: _______________________________
Ty E. Gray, Director
and Secretary to the Commission
Date: _______________________________
.
.
.
.
.
.
.
.

Maricopa County Trail Agreement Page 6 |
APPROVED BY:
MARICOPA COUNTY
_______________________________
Chairman, Board of Supervisors Date
ATTEST
Clerk of the Board Date
Approved as to Form:
Attorney for Maricopa County Date
RECOMMENDED BY:
MARICOPA COUNTY AND RECREATION DEPARTMENT
_______________________________ ____________________
Name: RJ Cardin Date
Title: Maricopa County and Recreation Director

Maricopa County Trail Agreement Page 7 |