LICENSE AGREEMENT P-50154.PDF

Maricopa County — Formal (2017-05-24)

View PDF Item 53 Meeting page

Extracted text (via pymupdf_layout) 6273 characters
LICENSE AGREEMENT FOR
SECURITY GATE
C. 1`6.0-1- • 045. 11.01
THIS AGREEMENT (the "License") entered into this att.)* day of
December , 2006, by and between MARICOPA COUNTY, a political subdivision
of the STATE OF ARIZONA, hereinafter referred to as Licensor, and ARIZONA WATER
COMPANY, hereinafter referred to as Licensee, collectively the "Parties".
WHEREAS, Licensor owns real property located at 2445 W. Indianola, Phoenix,
Arizona which is adjacent to and adjoining Licensee's leased property located at 3805
North Black Canyon Highway, Phoenix, Arizona; and
WHEREAS, an Easement for Licensee's Ingress to and Egress from its property
is located on Licensor's property as shown on Exhibit A, attached hereto (the
"Easement"); and
WHEREAS, Licensee requires continued access across, and use of the
Easement and desires, for security purposes, to construct a security gate within the
Easement as shown on Exhibit A to restrict access to Licensor's and Licensee's
property; and
WHEREAS, it is the intent of the Parties that Licensee may use the three (3)
parking spaces within the Easement, which use shall be limited to Licensee's
employees, and Licensee agrees to provide access to the Easement, and to the
designated area just east of the Easement as depicted on Exhibit A, for the use of
Licensor's agents, primarily but not limited to landscapers and/or contractors, and
Licensee shall provide, any access code or card necessary to enter upon the
Easement; upon request, during normal business hours, Monday through Friday, at no
cost to Licensor, and
WHEREAS, the Parties desire to enter into the License under which Licensee
may construct a security gate and use the Easement as described herein.
NOW, THEREFORE, in consideration of the following mutual covenants, the
sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Licensor hereby grants to Licensee a revocable License to construct a
security gate and use the Easement for the purposes stated above. This License shall
commence on the ‘2)r day of arl -- 200i for a term of one year and shall be 4"--
automatically renewed each year thereafter unless written notice of early termination is
received by Licensee. Licensor, in its sole discretion, may terminate this License at any
time after the expiration of the first year by providing a 90-day written notice of
termination to Licensee. If Licensor serves notice of early termination to Licensee,
Licensor shall refund the prorated balance of the annual License fee to Licensee within
30 days of the termination date of this License.
WAGRMTS RWG:LAR: 108:11 \ OFFICE 111130/08 PARKINGTINAL AGRMT_20N0V2006.DOC 1

2. Licensee shall pay Licensor an annual license fee of seven hundred
dollars ($700.00) in advance, due and payable on the anniversary date as consideration
for the license.
3. Licensee is permitted to re-stripe and reconfigure the three (3) parking
spaces within the Easement and add shade canopy over such parking spaces.
Licensee shall submit a detailed plan or plans to Licensor for any improvement work
planned within the Easement. Prior to commencement of any work, Licensee must
obtain written permission from Licensor which permission may be withheld at Licensor's
sole discretion. Upon termination of this License, any improvement constructed by
Licensee shall be abandoned in place or removed by Licensee, at Licensee's sole cost
and expense, and the Easement restored to its original condition, ordinary wear and
tear accepted.
4. Licensee shall indemnify and hold harmless Licensor, its successors in
interest and assigns, from any liability, damages, expenses, costs or attorney fees
incurred by Licensor, arising from Licensee's construction of the security gate or other
improvements within the Easement, as a result of a negligent act or omission by
Licensee or of its agents, employees, or assignees. Licensee shall provide Licensor
with a certificate of insurance in the amount of $1,000,000, and name Licensor as
additional insured on Licensee's general liability policy. Licensee agrees to provide
proof of such insurance.
5. Licensee will maintain and repair the existing paved surface and any other
improvements within the Easement at its sole expense and keep the Easement in a
safe condition at all times at its sole expense.
6. Licensee will not permit or allow any condition to exist on the Easement,
which would be a hazard or source of danger to the public.
7. Licensee will not cause or permit any hazardous materials on the
Easement.
8. This License may be terminated in the event of, or at such time that the
Licensee fails to comply with the express terms of this License, unless said failure is
cured within 30 days of the date of Licensor's prior written notice to cure to Licensee.
9. Licensee shall not assign this License without the express written
permission of Licensor, which permission may be withheld at the sole discretion of
Licensor.
10. This License shall be binding upon and inure to the benefit of the
respective Parties, their successors, and personal representatives, and shall be
governed by and construed under the laws of the State of Arizona.
RWGLAR \AGRMTS I 0811 \OFFICE I 11/30106 PARKINGTINAL AGRMT_20N0V2006.DOC 2

11. The notices provided in this License to be given by the parties shall be
deemed to have been duly given when made in writing and personally delivered or
deposited in the United States mail, certified and postage pre-paid, addressed as
follows:
To Licensor: Maricopa County Department of Finance
Attn: Real Estate Services Manager
301 West Jefferson Street, Suite 960
Phoenix, Arizona 85003
To Licensee: Arizona Water Company
Attn: Vice President - Operations
3805 N. Black Canyon Highway
P. O. Box 29006
Phoenix, Arizona 85038-9006
IN WITNESS WHEREOF, the Parties have hereunder set their signatures on the
day and year first written above.
LICENSOR: LICENSEE:
MARICOPA COUNTY ARIZONA WATER COMPANY
By: EC 20 200E By:
Ch-airman 6-f the ard (/Date
Its:
of the Board Da
Appro
Deputy Ctfqnty Attorney
U:lAGRMTS RWG:LAR: I \OFFICE 08:11 11/30106 PARKINGTINAL AGRMT_20NOV2006.DOC 3

Block Dkt. 641 NTS
Gate Ingress/Egress Page
New Existing Easement 15653,
30.00' 2'28"W Use Agents
A Go S89° The For Licensors
Area of
/
/
/
A
/
EXHIBIT /
/
/
/
/