LICENSE WITH SRP FOR MARICOPA TRAIL & SUN CIRCLE TRAIL SIGNAGE.PDF

SALT RIVER PROJECT{PRIVATE }
LAND USE LICENSE
Salt River Project License No.: 63585
Salt River Project File No.: 0000.63585
Effective Date: 01/01/2016
Agent: JAG
1. License Granted
WHEREAS, it is understood by the parties hereto that Licensor and the Salt River Valley
Water Users' Association (Association) manage the Licensed Property (defined below) pursuant
to contracts with the United States of America (USA), which assign to Licensor the
responsibility and authority for the care, operation, maintenance and management of the Salt
River Reclamation Project ("Reclamation Project") of which the Licensed Property is a part, and;
WHEREAS, Licensor is willing to consent to Licensee's use of the Licensed Property in a
manner that does not in any way compromise the contractual obligation or authority of Licensor
to manage the Reclamation Project.
For valuable consideration acknowledged and received by Licensor, the SALT RIVER
PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural
improvement district organized and existing under the laws of the State of Arizona ("Licensor"),
grants Maricopa County ("Licensee"), a revocable License granting the nonpossessory and
nonexclusive right and privilege to enter upon and use certain real property, the Licensed Property,
under the following terms and conditions. Nothing herein shall be construed as a conveyance of a
real property interest in the Licensed Property.
2. Purpose
Licensee shall make the Licensed Property available for use by the general public and
may use the Licensed Property only for installation and maintenance of Trail notice signs being 8
'A inch high for the Maricopa Trail (MT) rectangular markers and/or 7 inch high triangular Sun
Circle Trail (SCT) markers as shown on Exhibit A attached hereto and made a part hereof.
Licensee shall not use the Licensed Property for any other purpose without the prior written
approval of Licensor. Licensee acknowledges that, but for this License, it has no rights to use or
occupy the Licensed Property, and represents that it makes no claim to such rights.
3. Licensed Property
The Licensed Property shall mean: The Arizona Canal from Granite Reef Dam to the
terminus near the Skunk Creek Drain North of Greenway Rd (SCT Segment 2); The South
Canal from Granite Reef Dam to Roosevelt Water Conservation District (MT/SCT Segment 3);
the South Canal from the Roosevelt Water Conservation District Canal to the Consolidated
Canal (SCT Segment 4); the Northern portion of the Consolidated Canal from the South Canal in
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Mesa to the Western Canal in Gilbert (SCT Segment 5); the Western Canal from the
Consolidated Canal in Gilbert to the Ken McDonald Golf Course at Guadalupe Road in Tempe
(MT/SCT Segment 6); and That portion of the South Canal beginning on the North side of the
South Canal approximately 2600 Feet +/- downstream from Granite Reef Dam, thence across the
bridge along the existing non dedicated Road in a easterly direction across another bridge
continuing Easterly to the Tonto National Forest Boundary (MT Segment 27); That portion of
the Consolidated canal from the Western Canal to Chandler Heights Rd (MT Segment 32); all
within the State of Arizona lying within the various Sections, Townships and Ranges as shown
on Exhibit B and C attached hereto and made a part hereof.
4. Compensation
4.1 Licensee shall reimburse Licensor, for all federal, state and local excise, sales, privilege,
gross receipts and other similar taxes lawfully imposed on and paid by Licensor as a result of any
License Fees (defmed below) received by Licensor under this License; provided, however, that this
Section shall not apply to income taxes. Licensee shall pay all property taxes, if any, levied on the
Licensed Property.
4.2 All amounts paid by Licensee to Licensor as a result of damages, costs, expenses and
sums incurred by Licensor hereunder as a result of Licensee's default shall be deemed to be License
Fees.
4.3 Any payment due under this License that is not paid within 30 days of its due date shall
bear interest from the date such payment was due at the rate of eighteen percent (18%) per annum
Licensor shall have all the rights and remedies provided herein and by law for Licensee's failure to
pay any of the compensation specified in this Section 4.
4.4 Within 30 days of Licensor's delivery of an invoice therefore, Licensee shall pay any
incremental increase in Licensor's operation and maintenance costs on the Licensed Property
resulting from Licensee's exercise of its rights hereunder. Licensor shall incur no liability for any
costs of repairing or replacing Licensee's improvements within the Licensed Property, damaged as a
result of Licensor's operation and maintenance of its facilities, unless due to negligent or willful acts
or omissions of Licensor or its agents or employees.
4.5 In the event of non-payment by Licensee of any amount due hereunder, Licensor's
remedies shall include, though not be limited to, the collection of past due compensation and
termination of this License.
5. Term
The term of this License shall be for Twenty Five Years (25) Licensed Years (as defined
below) beginning January 1, 2016 and ending December 31, 2041. Unless earlier terminated
pursuant to the terms set forth herein, and may be renewed upon written agreement by the
parties. For purposes of this License, the term "License Year" shall mean each twelve (12)
month period during the term of this License commencing on January 1st and ending at midnight
on the next succeeding December 31st.
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6. Default
If a party ("Defaulting Party") fails (i) to make payment required herein by its due date or
(ii) perform an obligation under this License within 30 days after written notice is given to the
Defaulting Party of its failure to perform such obligation on the date when such performance was
due (or, if such default cannot reasonably be cured within 30 days, then within such longer
period as is determined by the non-defaulting party to be necessary to cure such default, provided
the Defaulting Party commences to cure such default within the 30 day period), then, upon the
expiration of the applicable cure period, if any, the non-defaulting party may terminate this
License upon not less than 30 days prior written notice to the Defaulting Party.
7. Rights of the United States of America
7.1 This License is subject to the paramount rights and regulatory jurisdiction of the
USA in and to the Licensed Property, federal reclamation law, and all agreements existing and to be
made between and among the USA, the Association, and Licensor regarding the management, care,
operation and maintenance of the Reclamation Project.
7.2 The USA reserves the right of its officers, agents, and employees at all times to have
unrestricted access and ingress to, passage over, and egress from all of said lands, to make
investigations of all kinds, dig test pits and drill test holes, to survey for and construct reclamation
and irrigation works and other structures incident to Federal Reclamation Projects, or for any
purpose whatsoever. The USA will make every reasonable effort to keep damages to a minimum.
8. Successors and Assigns
The privileges granted to Licensee herein shall not inure to or benefit any person or entity
other than Licensee, either through assignment or sublicense. Any attempt by Licensee to so assign
or sublicense all or any portion of the Licensed Property for any purpose whatsoever shall void this
License.
9. Termination of the License
9.1 Either party or the USA may terminate this License without cause upon not less than
thirty (30) days written notice.
9.2 The USA or Licensor may, at any time and at no cost or liability to the USA or
Licensor, terminate this License if the USA or Licensor determines that any of the following apply:
(i) The use has become incompatible with authorized project purposes, project
operations, safety, and security;
(ii) A higher public use is identified through a public process described at 43 CFR §
429.32(a)(1); or
(iii) Termination is necessary for operational needs of the project.
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9.3 The USA or Licensor may, at any time and at no cost or liability to the USA or
Licensor, terminate this License if the USA or Licensor determines that the Licensee has failed to
use the Licensed Property for its intended purpose. Further, failure to construct improvements
pursuant to Section 15 hereof within the timeframe specified in the terms of the License may
constitute a presumption of abandonment of the requested use and cause termination of the License.
9.4 Upon the expiration, termination, or revocation of this License, if all License Fees
and damage claims due the USA and Licensor have been paid, the Licensee shall remove all
structures, equipment, or other improvements made by it from the Licensed Property at no cost to
the USA or Licensor. Upon failure to remove any such improvements within thirty (30) days of the
expiration, termination, or revocation, any remaining improvements shall, at the option of the USA
or Licensor, be removed or become the property of the USA or Licensor. The Licensee shall pay all
expenses of the USA or Licensor, or their assigns, related to the removal of such improvements.
10. Maintenance of Licensed Property & Interface with Licensor's Use of Licensed
Property
10.1 Licensee, at its own expense, shall maintain all of the Licensed Property in
reasonably good, sanitary and safe condition. Subject to the conditions set forth herein, Licensor
reserves to itself and Association, a right of access to the Licensed Property for the construction,
use, operation, maintenance, relocation and removal of any existing and future electric or water
distribution or transmission facilities. Any such construction, use, operation, maintenance,
relocation or removal shall be performed in a manner designed to avoid, to the extent feasible,
disturbance to Licensee's improvements and Licensee's use and enjoyment of the Licensed Property.
Licensor shall give Licensee at least thirty (30) days prior written notice of any such construction,
use, operation, maintenance, relocation or removal that will materially disrupt Licensee's use and
enjoyment of the Licensed Property or the Licensee's improvements; provided, however, that such
notice may be given in such shorter period as Licensor determines to be reasonable under prevailing
circumstances, or with no notice in the event of an emergency where no notice is feasible. Nothing
in this License shall be construed to deny or lessen the powers and privileges granted Licensor by
the laws of the State of Arizona. Licensor shall not be liable to Licensee for any damage to
Licensee's improvements located upon the Licensed Property, unless due to negligent or willful acts
or omissions of Licensor or its agents or employees.
10.2 If Licensee defaults in the performance of the obligations set forth in Section 10.1,
and Licensor gives notice of the default, Licensee shall correct such default to the reasonable
satisfaction of Licensor within the required period of time set forth in the notice of default (the
"Correction Period"), which period of time shall be reasonable under the circumstances. If Licensee
fails to correct the default within the Correction Period, Licensor may take any action reasonably
determined by Licensor to be necessary to correct such default, including without limitation making
any repair or modification to or removing any of Licensee's improvements. Licensee shall
reimburse Licensor for the reasonable costs it incurs to conect such default within thirty (30) days
after Licensor presents Licensee with a statement of such costs. Licensee shall release Licensor and
Association from all damages resulting to Licensee from the correction of such default, including,
without limitation, those damages arising from all repairs or modifications to or removal of any of
Licensee's improvements.
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10.3 The USA, acting through Reclamation, Department of the Interior, reserves rights
to construct, operate, and maintain public works now or hereafter authorized by the Congress
without liability for termination of the License or other damage to Licensee's activities or
facilities.
11. Nonexclusive Rights
This License is nonexclusive and nothing herein shall be construed to prevent or restrict
Licensor from granting other privileges to use the Licensed Property in a manner Licensor or the
USA deems not inconsistent with Licensee's use of the Licensed Property in accordance with this
License.
12. Existing Easements and Licenses
This License is subject to all existing encumbrances of record, including easements and
licenses. It shall be Licensee's obligation and responsibility to ascertain the rights of all third parties
in the Licensed Property. Licensor consents only to the use of the Licensed Property for the
purposes described herein, in its capacity as manager of the Licensed Property and on behalf of the
USA. Nothing in this License shall be construed as Licensor's representation, warranty, approval or
consent regarding rights in the Licensed Property held by other parties. Licensee shall indemnify
and hold Licensor, the USA and the Association harmless from any liability arising out of any
dispute or claim regarding actual or alleged interests in the Licensed Property, affecting Licensee's
interests created herein, and shall release Licensor, the USA and Association from any such claims
on its own behalf.
13. Indemnification
13.1 To the extent not prohibited by law or expressly excepted herein, Licensee, its
successors and assigns ("Indemnitors"), shall indemnify, release, and hold harmless Licensor and
Association ("Indemnitees") and the directors, officers, employees, agents, successors and assigns
thereof, for, from and against any damage, loss or liability caused in whole or in part by Licensee,
regardless of whether caused in part by Indemnitees or any of them, and suffered by Indemnitees as
a result of any claim, demand, lawsuit or action of any kind, whether such damage or loss is to
person or property, arising out of, resulting from or caused by: (a) the acts or omissions of Licensee,
its agents, contractors, officers, directors, or employees; (b) Licensee's use or occupancy of the
Licensed Property for the purposes contemplated by this License, including but not limited to claims
by third parties who are invited or permitted onto the Licensed Property, either expressly or
impliedly, by Licensee or by the nature of Licensee's improvement or other use of the Licensed
Property pursuant to this License; (c) Licensee's failure to comply with or fulfill its obligations
established by this License or by law. Such obligation to indemnify shall extend to and encompass
all costs incurred by Licensor in defending against such claims, demands, lawsuits or actions,
including but not limited to attorney, witness and expert witness fees, and any other litigation related
expenses. 1ndemnitors' obligation pursuant to this Section shall not extend to any damage, loss or
liability as a result of any claim, demand, lawsuit or action of any kind, whether such damage, loss
or liability is to person or property arising out of, resulting from or caused by the sole, exclusive acts
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or omissions of Indemnitees, their contractors, directors, officers, employees, agents, successors or
assigns for which Licensor shall indemnify, release and hold harmless Indemnitors. Licensor's
obligation to indemnify Indemnitors shall extend to and encompass all costs incurred by
Indemnitors in defending against such claims, demands, lawsuits or actions, including but not
limited to attorney, witness and expert witness fees, and any other litigation related expenses.
Licensee acknowledges that Licensor and USA makes no warranties or representations related to
the composition of the soil on the Licensed Property and shall release, indemnify, defend and hold
harmless Licensor and USA from, for and against any claims, loss or liability to it, its agents,
employees or contractors for personal injury associated with or arising out of contact with or
disturbance of such soil. The provisions of this Section shall survive termination of this License.
13.2 The Licensee agrees to indemnify the USA for, and hold the USA and all of its
representatives harmless from, all damages resulting from suits, actions, or claims of any character
brought on account of any injury to any person or property arising out of any act, omission, neglect,
or misconduct in the manner or method of performing any construction, care, operation,
maintenance, supervision, examination, inspection, or other activities of the Licensee.
14. 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 requirements under this Section.
Without limiting any liabilities or any other obligations of Licensee, Licensee shall provide
and maintain, with forms and insurers acceptable to Licensor, and until all obligations under the
License are satisfied, the minimum insurance coverages, as follows:
14.1 If applicable, worker's compensation insurance to cover obligations imposed by
applicable federal and state statutes and employer's liability insurance with a minimum limit of One
Million and No/100 Dollars ($1,000,000.00).
14.2 General liability insurance with a minimum combined single limit of Two Million
Dollars ($2,000,000.00) each occurrence or current homeowner's liability policy. The policy shall
include coverage for bodily injury liability, property damage liability, and for liability assumed
under this License.
14.3 If applicable, comprehensive automobile liability insurance with a combined single
limit for bodily injury and property damage of not less than Two Million and No/100 Dollars
($2,000,000.00) each occurrence with respect to Licensee's vehicle, whether owned, hired or non-
owned, assigned to or used in the performance of the work.
14.4 The policies required by Sections 14.2 and 14.3 hereof shall be endorsed to include
Licensor, members of its governing bodies, its officers, agents and employees as additional insureds
and shall stipulate that the insurance afforded for Licensor, members of its governing bodies, its
officers, agents and employees shall be primary insurance and that any insurance carried by
Licensor, members of its governing bodies, its officers, agents or employees shall be excess and not
contributory insurance.
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14.5 Licensee shall waive their rights of recovery and require its insurers providing the
required coverages to waive all rights of subrogation against Licensor and members of its governing
bodies, its officers, agents and employees for matters arising out of this License.
14.6 Upon execution of this License, Licensee shall furnish Licensor with Certificates of
Insurance as evidence that policies providing the required coverages, conditions and limits are in
full force and effect. Such certificates shall provide that not less than thirty (30) days advance
notice of cancellation, termination, or alteration shall be sent directly to Licensor addressed as
follows:
Manager, Land Rights Management, PAB348
Salt River Project
P.O. Box 52025
Phoenix, Arizona 85072-2025
14.7 The insurance policies may provide coverages that include deductibles or self-
insured retentions. Licensee shall be solely responsible for deductibles and/or self-insured
retentions, and SRP, at its option, may require Licensee to secure the payment of such
deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter
of credit.
15. Construction
15.1 Prior to making any improvements on the Licensed Property, Licensee shall submit
to Licensor for its approval final construction documents and plans showing the location of any such
improvements. Licensor shall approve or disapprove such documents and plans within 30 days. If
applicable, Licensee shall obtain a Construction License from Water Engineering prior to the start
of construction. Construction on the Licensed Property shall be performed only in accordance with
approved construction documents and plans. At least ten (10) days prior to the beginning of any
construction on the Licensed Property, Licensee shall give Licensor notice of the date that
construction will begin and a schedule listing all construction activities and the dates when such
construction activities will be performed. Licensee shall give Licensor written notice of all changes
in the schedule and delays in construction immediately upon it being reasonably foreseeable that
such change or delay will occur.
15.2 Licensee's improvements constructed, installed, operated and maintained on the
Licensed Property shall not interfere with Licensor's use of Licensor's existing or any future
irrigation or electric facilities on or adjacent to the Licensed Property.
15.3 Licensor may request Licensee to alter the scheduling of construction undertaken
pursuant to Section 15.1 but only when and to the extent necessary to prevent any material
interference with Licensor's use of the Licensed Property, and if such improvements do interfere
with Licensor's use, Licensor may request Licensee to relocate Licensee's material, facilities and
improvements as deemed necessary by Licensor.
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15.4 If relocation of Licensee's materials, facilities, or improvements is necessitated by
Licensor's use of existing facilities or the construction of improvements by or on behalf of
Licensor, Licensee shall bear the entire actual cost of relocating said materials, facilities and
improvements.
15.5 Licensor shall not exercise its right to require relocation of Licensee's facilities,
materials, and improvements in an unreasonable or arbitrary manner, and warrants to Licensee
that as of the date of this License, relocation of Licensee's facilities is not expected or anticipated
as a result of Licensor's existing plans for the Licensed Property.
16. Permits, Statutes and Codes
16.1 Licensee shall comply with all requirements of all statutes, acts, ordinances,
regulations, codes, and standards of legally constituted authorities with jurisdiction, applicable to
Licensee's use of the Licensed Property. Licensee shall obtain or cause to be obtained at its
expense, all permits, approvals and authorizations required by Licensee's actions pursuant to this
License.
16.2 The USA or Licensor may, at any time and at no cost or liability to the USA or
Licensor, terminate any License if the Licensee fails to comply with all applicable Federal, State,
and local laws, regulations, ordinances, or terms and conditions of any License, or to obtain any
required permits or authorizations.
17. Licensor's Right to Inspect
17.1 Licensor, Association or the USA may enter any part of the Licensed Property at all
reasonable times to make an inspection thereof. During any construction by Licensee, Licensor
may inspect all trenching, backfilling and other related construction activity that potentially affects
Licensor's facilities, and require conformance with all Licensor's requirements and specifications
related thereto.
17.2 Licensee shall release Licensor, Association and the USA from any claims for
damages arising out of any delay caused by Licensor in permitting or inspecting any work on the
Licensed Premises. The provisions of this Section shall survive termination of this License.
18. Service of Notice
All notices, demands and invoices required or permitted by this License shall be in writing
and shall be considered to have been properly delivered: (i) if mailed, three (3) business days after
deposit in the U.S. mail, postage prepaid, return receipt requested, addressed as follows; (ii) if sent
by overnight delivery service, on the next business day after deposit with such service, addressed as
follows; (iii) if personally delivered, or (iv) if by email on the date of delivery service to:
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Mail
Notices to Licensor Notices to Licensee
Attn: Manager, PAB348 Attn: John Rose
SALT RIVER PROJECT Maricopa Trail Manager
Land Rights Management Maricopa County Parks and Recreation
P.O. Box 52025 41835 N Castle Hot Sprtings Rd
Phoenix, AZ 85072-2025 Morristown, Arizona 85342
Hand /Certified Delivery
Notices to Licensor Notices to Licensee
Attn: Manager, PAB348 Attn: John Rose
SALT RIVER PROJECT Maricopa Trail Manager
Land Rights Management Maricopa County Parks and Recreation
2727 E. Washington Street 41835 N Castle Hot Sprtings Rd
Phoenix, AZ 85034-1422 Monistovvn, Arizona 85342
Either party may change its address or the designated person to receive notification
hereunder by giving notice of such change in the manner provided above.
19. Waiver
This License may not be modified or any provision waived except by written agreement
executed by both Licensor and Licensee. The waiver by either party of any breach or failure to
provide full performance under any of the terms and conditions of this License, or the failure of a
party to exercise, or any delay in exercising, any rights or remedies provided herein or by law, or the
failure of a party to notify the other properly in the event of a breach hereunder shall not be
construed as a waiver of any other term of condition herein, or of any subsequent or continuing
breach of the same or any other term or condition.
20. Attorneys' Fees Upon Default
If either party brings or defends any legal action, suit or proceeding based on rights or
obligations arising from this License, the successful party shall be entitled to recover reasonable
litigation expenses, court costs and reasonable attorneys' fees, as determined by a court, in any such
action, suit or proceeding. The foregoing shall not in any way limit or restrict any other right or
remedy at law or equity otherwise available to such party.
21. Force Majeure
21.1 If either party is rendered unable, wholly or in part, by force majeure to carry out its
obligations under this License, other than the obligation of Licensee to make payments of amounts
due hereunder, then the obligations of both Licensee and Licensor, so far as they are affected by
such force majeure, shall be suspended during the continuance of any inability so caused, but for no
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longer period, and such cause shall so far as possible be remedied within a reasonable time. The
term "force majeure" as used herein shall mean acts of God, strikes, lockouts, or other industrial
disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, landslides,
lightning, earthquakes, fires, storms, floods, washouts, interruptions by government not due to the
fault of the parties, civil disturbances, explosions, or unforeseeable action or nonaction by
governmental bodies in approving the applications for approvals or permits or any material change
in circumstances arising out of legislation, regulation or litigation. Nothing in this Section shall
require Licensor to settle a strike.
21.2 The USA may, at any time and at no cost or liability to the USA, terminate this
License in the event of a natural disaster, a national emergency, a need arising from security
requirements, or an immediate and overriding threat to public health and safety.
22. Entire Agreement; Changes After Execution
This License, including its specified addenda and exhibits, if any, constitutes the entire
agreement between the parties, and any amendment hereto must be in writing and signed by both
parties.
23. Governing Law, Venue and Waiver of Trial by Jury
23.1 This License shall be interpreted, governed by, and construed in accordance with the
substantive and procedural laws of the State of Arizona, without regard to conflicts of law
principles. Licensor and Licensee agree that any action, suit, or proceeding arising out of, or in any
way connected with this License, shall be initiated and prosecuted in a state or federal court of
competent jurisdiction located in Maricopa County, Arizona, and the parties irrevocably submit to
the jurisdiction and venue of such court. To the fullest extent permitted by law, each party hereby
irrevocably waives any and all rights to a trial by jury and covenants and agrees that it will not
request a trial by jury with respect to any legal proceeding arising out of or in any way connected
with this License.
23.2 Each provision of this License shall be interpreted in such a manner as to be valid
under applicable law, but if any provision of this License shall be deemed or determined by
competent authority to be invalid or prohibited hereunder, such provision shall be ineffective and
void only to the extent of such invalidity or prohibition, but shall not be deemed ineffective or
invalid as to the remainder of such provision or any other remaining provisions, or of the License as
a whole.
24. Water Damage
Except when the result of the negligent or willful act or omission of Licensor or Association
or their directors, officers, employees, agents or assigns, neither Licensor, Association or the USA
shall be liable for any loss sustained by Licensee, its officers, employees, agents or invitees on the
Licensed Property because of water damage resulting from any source whatsoever, including, but
not limited to, flood, drainage or run-off, irrespective of any prior knowledge by Licensor of the
possibility of such flood, drainage or run-off, arising from or in connection with the operation or
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maintenance of any Reclamation Project dam, canal or other facility.
25. Transactional Conflict of Interest
Notice is hereby given of A.R.S. § 38-511.
26. Approvals
Each party agrees that if any consent or approval shall be required of such party, such
consent or approval shall not be unreasonably withheld.
27. Reservation of Remedies
Unless otherwise provided herein, each party shall have available to it, all remedies
provided by law or equity.
28. Archaeological and Environmental Compliance
28.1 Licensee shall immediately provide an oral notification to Reclamation (hereinafter
described) authorized official and Licensor of the discovery of any and all antiquities or other
objects of archaeological, cultural, historic, or scientific interest on the Licensed Property. The
License shall follow up with a written report of their finding(s) to Reclamation authorized official
and Licensor within forty-eight (48) hours. Objects under consideration include, but are not limited
to, historic or prehistoric ruins, human remains, funerary objects, and artifacts discovered as a result
of activities under this License. The Licensee shall immediately cease the activity in the area of
discovery, make a reasonable effort to protect such discovery, and wait for written approval from
Reclamation authorized official and Licensor before resuming the activity. Protective and
mitigative measures specified by Reclamation authorized official and Licensor shall be the
responsibility of the Licensee.
28.2 Licensee through the Licensor shall obtain a final environmental clearance from
Reclamation prior to construction on the Licensed Property.
28.3 Licensee shall notify Licensors staff archaeologist should any cultural resources or
human remains be found on the Licensed Property, and when appropriate, shall be responsible for
other notifications and legal requirements as required by the Archeological Resource Protection Act
and the Native American Graves Protection and Repatriation Act and ensuing 43 C.F.R. 10
regulations. All costs are the responsibility of the Licensee.
28.4 (a). Licensee may not allow contamination or pollution on Licensed Property,
waters or facilities by its employees or agents and shall take reasonable precautions to prevent such
contamination or pollution by third parties. Substances causing contamination or pollution shall
include, but are not limited to hazardous materials, thermal pollution, refuse, garbage, sewage
effluent, industrial waste, petroleum products, mine tailings, mineral salts, misused pesticides,
pesticide containers, or any other pollutants.
(b). Licensee shall comply with all applicable Federal, State, and local laws and
regulations, and Reclamation policies and directives and standards, existing or hereafter enacted or
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promulgated, concerning any hazardous material that will be used, produced, transported, stored, or
disposed of on or in Federal lands, waters or facilities.
(c). "Hazardous material" means any substance, pollutant, or contaminant listed as
hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act of
1980 as amended, 42 U.S.C. § 9601, et seq., and the regulations promulgated pursuant to that Act.
(d). Upon discovery of any event which may or does result in contamination or
pollution of Licensed Property, waters or facilities, Licensee shall initiate any necessary emergency
measures to protect health, safety and the environment and shall report such discovery and full
details of the actions taken to the Licensor. Reporting is timely if made within twenty-four (24)
hours of the time of discovery if it is an emergency or by the first working day if it is a non-
emergency. An emergency is a situation that requires immediate action to reduce or avoid
endangering public health and safety or the environment.
(e). Violation of any of the provisions of this Article 28, as determined by the
Licensor, may constitute grounds for termination of this Agreement. Such violations require
immediate corrective action by Licensee and shall make Licensee liable for the cost of full and
complete remediation and/or restoration of any Licensed Property, waters or facilities that are
adversely affected as a result of the violation.
28.5 Licensee hereby assumes and accepts all liability and responsibility for initiation and
completion of response, cleanup, and corrective and remedial action, and the cost thereof, required
on the Licensed Property and any other affected premises, due to any action taken by Licensee or its
agents, officers, directors, or employees that that results in release of any hazardous substance
within the meaning of the Federal Comprehensive Environmental Response, Compensation and
Liability Act -- 42 U.S.C. § 9601 et seq., or the Arizona Environmental Quality Act -- A.R.S. § 49-
101 et seq., as such laws have been or are amended from time to time, or regulated substance within
the meaning of Subtitle I of the Federal Resource Conservation and Recovery Act (Underground
Storage Tanks) -- 42 U.S.C. § 6991a et seq., or the Arizona Underground Storage Tank Law --
A.R.S. § 49-1001 et seq., as such laws have been or are amended from time to time. This Section
28 shall survive teimination of this License.
29. Motor Vehicle Use — Special Conditions
When operating a motor vehicle on the Licensed Property, Licensee must at all times:
29.1 Enter onto and exit from the Licensed Property at the point of reasonable access
closest to the component of Licensee's facilities requiring maintenance;
29.2 Maintain a speed not to exceed five (5) miles per hour;
29.3 Ensure safe and reasonable passage through and around Licensee's vehicle and other
repair facilities to all recreational users of the Licensed Property;
29.4 Ensure that no site of ongoing maintenance of Licensee's facilities is left unattended;
and
29.5 Refrain from accessing the Licensed Property with a motor vehicle except when
Page 12 of 16
USA Fee License — City with no fee (07-19-2016 JAG).doc

necessary to effectuate maintenance of Licensees facilities.
30. Officials Not to Benefit
No Member of Congress shall be admitted to any share or part of any contract or agreement
made, entered into, or accepted by or on behalf of the United States, or to any benefit to arise
thereupon, pursuant to 41 U.S.C. § 22.
31. Illegal Use
Any activity deemed to be illegal on the Licensed Property will be cause for immediate
termination of this License.
32. Bonding
Licensee shall provide a bond in the amount of $ 0 , to be maintained until all
construction activities of this project and restoration of the disturbed areas have been completed and
accepted in writing by Reclamation or Licensor. Upon completion, or partial completion, of these
restoration requirements, Reclamation or Licensor, may terminate or allow partial reduction of the
amount of the bond requirement.
33. Pest Control
33.1 The Licensee shall not permit the use of any pesticides on Licensed Property without
prior written approval by Reclamation or Licensor. The Licensee shall submit to Reclamation or
Licensor for approval an Integrated Pest Management Plan (IPMP) thirty (30) days in advance of
pesticide application.
33.2 All pesticides used shall be in accordance with the current registration, label
direction, or other directives regulating their (State Department of Agricultural, Department of
Ecology, OSHA, etc.) and with applicable Reclamation policy and directives and standards.
Applicators will meet applicable State training or licensing requirements. Records maintenance
shall be in accordance with State requirement and such records shall be furnished to Reclamation or
Licensor not later than five (5) working days after any application of a pesticide.
33.3 Any equipment, tools, and machines used for pesticide application shall be in good
repair and suitable for such use. Equipment shall be calibrated prior to the spraying season and as
deemed necessary by Reclamation or Licensor.
33.4 Mixing, disposal, and cleaning shall be done where pesticide residues cannot enter
storm drains, sewers, or other non-target areas.
33.5 The Licensee shall initiate any necessary measures for containment and cleanup of
pesticide spills. Spills shall be reported to Licensor or Reclamation Contracting Officer with full
details of the actions taken. Reporting may be within a reasonable time period. A reasonable time
Page 13 of 16
USA Fee License — City with no fee (07-19-2016 JAG).doc

period means within twenty-four (24) hours of the spill if it is an emergency or by the first working
day if it is a non-emergency. An emergency is any situation that requires immediate action to
reduce or avoid endangering public health and safety or the environment.
33.6 Aerial application of pesticides is prohibited without the prior written consent by
Licensor or Reclamation's designated representative.
33.7 The Licensee agrees to include the provisions contained in paragraphs 33.1 through
33.6 of this Section in any subcontract or third-party contract it may enter into pursuant to this
License.
Page 14 of 16
USA Fee License — City with no fee (07-19-2016 JAG).doc

IN WITNESS WHEREOF, the parties hereto have executed this License this day of
20 .
LICENSOR:
SALT RIVER PROJECT AGRICULTURAL
IMPROVEMENT AND POWER DISTRICT
By:
Its:
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On this day of , 20 , the foregoing instrument was
acknowledged before me by a of the Land Department, SALT RIVER
PROJECT AGRICULTURAL IMPROVEMENT DISTRICT, an agricultural improvement
district organized and existing under the laws of the State of Arizona ("SRP"), on behalf of SRP.
My Commission Expires:
Notary Public
Page 15 of 16
USA Fee License — City with no fee (07-19-2016 JAG).doc

IN WITNESS WHEREOF,
has caused its name to be executed by its duly
authorized representative(s), this day of , 20 .
LICENSEE:
IVIARICOPA COUNTY
By:
Its:
STATE OF ARIZONA )
) ss
COUNTY OF MARICOPA )
On this day of , 20 , before me, the undersigned, personally
appeared , of , and such
authorized representative(s) acknowledged that this document was executed on behalf of the
corporation for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Will Expire:
Notary Public
Approved as to form:
Deputy County Attorney
Page 16 of 16
USA Fee License — City with no fee (07-19-2016 JAG).doc

EXHIBIT A U63585 Page 1 of 2

r
Maricopa Trail
L J
EXHIBIT A U63585 Page 2 of 2

U63585
3N 1E, Sections 1, 12
3N 2E, Sections 7,17,18,220,21,22,25,26,27,28
2N 3E, Sections 3,4,10,13,14
3N 3E, Sections 29,30,32,33
2N 4E, 11,12,14,18,19,20,22,23,27,28,29
1N 5E, Sections 1,11,13,14,24
2N 5E, Sections 7,8,15,16,17,22,23,24
1N 6E, Sections 6, 19,29,30,32
2N 6E, Sections 13 through 19; 21 through 24; 27, 28, 31, 32, 33
1S 6E, Sections 5,7,8,18,19
1S 5E, Sections 7,8,9,10,11,12,13,2425,35,36
1S 4E, Sections 10,11,12
25 5E, Sections 2,11,14,15,22,27,34
EXHIBIT B U63585

area These and and Two Salt the in Salt northern
Segment to guided community the recent River (tributaries River Segment
Figure provide projects to Arizona Project system, to to part Two Segment yew
7: Two trails through this projects was the the the of is
and represent to Falls along (SRP). sold Salt). Adobe the
Arizona a completion important to Built metropolitan Arizona
pathways and Project, the the in Dam
Canal growing by Arizona federal 1883 at Canal.
along the historically use by the Phoenix Two
the number art Canal, the
Phoenix and government confluence area The
canals. of the Arizona from
canal Arts significant landscape in of Arizona
Sunnyslope the Canal the
multiple Commission canal. early Skunk Granite Canal
use Both architecture Canal 1900s Company, Creek Reef runs
projects (PAC). projects and it, Wash east
to is like Diversion to
in Demonstration the and west
the were reconnect managed other New Darn
across
Phoenix identified Project by canals River on
the the the the
• •••-••-• =1.
&licler/o. RIwali SIncsrMatt zrrwly J .rwny 2 Fnvly ttX,C,,A Graz r-e=roe trLif:7
TM/ Sagment
"117g;
Maricopa
County
Regional
Trail
System
Plan
-
page
14
EXHIBIT C U 63585 Page 1 of 7

page feet sections in The an ride people of Lehi gateway entire built Water Segment identified the Segment
14 - accommodate wide, design multi-modal South authentic horses. connection Mesa's to the by Roosevelt
open phase Canal The choose to canal to the south the Conservation Four as the Three Segment
Maricopa the and for for traffic connection to the Granite side federal is Sun Water is
SRP's paved. use and is South live canal, system. Reef desert canal identified the
County in the portions being to Canal in for government District Circle South
operation The next of equestrians Lehi both Dam, Mesa system. as Trail Conservation
Regional the developed traditional provides because Residents has Canal the as Canal
and surface few alike. aesthetically a residents. The between to South well
Trail years. multi-use to a it is of character South the as District from Three
System maintenance type The agricultural picturesque a and the The 1906 Canal the the
This path, city accommodate good Lehi Canal and Consolidated Canal.
Plan will path with of practices. place area distinct South 1908 from Maricopa Granite &
needs. be will Mesa is both riding to symbolically. from Canal, now to Canal. the Trail. Segment Reef
asphalt be constructed currently trail keep value the provides unify It Roosevelt Three Dam
to lit, 10 typical with and Many their rest from a the was is to
Segment
Four
Spgrimnt
Indian Four
Sz.ft:
Piata--t4aricocra Segment
Community River ladizn I
Three
Figure
8:
South
Canal
Figure - — - — — - = sksn
9: ¶3341= aetria. Park Car.; SPAW•VaAti Mork/ Ca-sz Featzma
South Nacrat fietervaft LaRan 4 Vat
Seaver<
Canal — I•• -
1o53 Panc Cana; d ricrenors mocra, RraarrMarA Prorrpl P•ontyl Prcinly2 1.1arcpt, Cr-Je Fer-ned
flakva:IFWvVi Lac= Trail 71.21 Satr.cni
EXHIB IT C U63585 Page 2 of 7

Freestone Western Canal. The start from The 1907. The to on part owners water Chandler the called Canal heading, Using masonry diversion Dr. that had River's bears during wasn't The Mesa Segment
The town Center of city It Consolidated distribution federal the of edge the then a exchange companies Chandler occurred first his Consolidated built to
Canal. of construction to was Chandler. prevented through Power a of the huge dam for claim history, name. the to Consolidated the Five
District Heritage Gilbert 8th Mesa sold Canal system Consolidated the small 'Crosscut divided canal abutments the were were on its Canal drought serve Western is
Park. This in has the to government a Plant dredge, made water having recognized too the Because the
Trail has late Street. made for that mesa canal' into emptied and of owners year any Canal, Canal
section plans 2004. They constructed government the later Canal considerable Consolidated near and two Chandler wing huge be to with the to small meager faced the Company. of the of in northern
of would to The are possible. which provided the for branches, some walls, saved brush water canal 1891 land approximately Gilbert. portion
trail begin connect path a in Association sought loss Canal the about its of a built the boulders. by problems cultivate supply serious was Chandler's and of
would at will currently multi-use November Negotiations to followed of first Tempe two it as water canal head his diversion lot a built within the
the with be after acquire water instead Canal. miles, does into up of The dams that of the in supply desire the 18-mile
also boundary the lit, planning path 1908 to old the from of electricity it the to the south proposals, owners new Salt during was masterminded present Consolidated
Mesa 10-foot on for buy the to This today. old 26 new he so land. problems. one to long,
provide with the the recognizing canal Mesa seepage. through Mesa. spot followed The feet canal. end of River, of bring by city the is
a trail wide subsequent $187,000. as Canal the is Mesa deep. the of Chandler began the and Lands the Dr. limits. Canal
Mesa along paved Consolidated the part to This By where is what branch Canal. Two Mesa the with driest water A.J. The largest from
connection and the sections Crosscut/Consolidated water of 'new' sandy carrying now The dam offered bargaining and the to canal the
concrete. Canal a Baseline Chandler heading miles tied to occasional older periods Chandler canal
to continue with savings unified water riverbed, Tempe Brown south into build with Tempe water in area was in South
Gilbert's to Consolidated plans began Road became built Road west Consolidated of granite a them. surpluses the that and started Mesa Canal
the to Canal in the water and canal Canal the to was the new In canal rights Salt now his and in
Figure Segment
--L
10: Gilbert
. 1 rj Five
Consolidated 1Mesa
Canal 141.I • •,...St •I
---- = 1=1
Per• A Pro-te Prx:r Ilzanz Sur, r-suignsd
Mancopa R.r.r..synr, inan Stregm:A.ain 7-1J Crcc
Tr.
County
Regional
Trail
System
Pian
-
page
16
EXHI BIT C U63585 Page 3 of 7

page Segment South then Road From built February The Canal Segment
16- IA41 follow Interstate-10. where the Association. under Construction Western in
is Six Mountain Golf 1913 Gilbert Six Segment
Maricopa also Pima From there contract and Canal to
Park, is Course Company. the follows
County part Canyon here a with its was Ken
the of the planned the the deed The built the
Regional Road, trail trail federal was in McDonald Western
Maricopa the would would filed Western Six
Trail nonmotorized in 1912-1913 Golf Canal
Trail. run wind government April Canal
System eastern-most though it's went by Course from
Plan a bridge way to 1915. the in the
to a be The into Tempe.
entrance neighborhood crossing part canal operation Western Consolidated
Guadalupe of
into over the was in Canal
Figure
knix net
11: Segment
Western daIu Six
TeirnP
Canal — 4
1-Ter
Mesa 7
- =
Anno41 c.14 1 kw17. FrG7,, Prtrt Manso. 51-n • Pcalu-cc
1.2 1Z-IL--76.0743-1 I•". Creez
Trap Seirttrt
EXHIBIT C 1163585 Page 4 of 7

to well park's Mountain the access traffic. Usery Mountain within Segment the continuing remain option to federal Forest This Pass the Segment
Equestrians Trail include CAP
the northern Bulldog gates OHV Pass the Plan. in was land. Service's segment Road
north Shooting and users Road, Regional regional Twenty-Seven along Maricopa chosen Usery This uses the to aqueduct Twenty-Seven Segment
and Canyon other from in the trail a to
east boundary, Range, the must the Park. trail CAP County because Mountain segment northeast the
the of was roads. Forest get Bulldog that forms into it will network. combination travels
site. situated nonmotorized a Roads will the Pinal instead will Regional be The corner southeast
avoided Another Service permit Canyon the in allow of allow a of of of through
by west user and northern County for Park of spur segment forest Usery Granite the
of potential groups before the area, portion trail arc as continuing the in the covers trails Tonto
selecting Usery are of users a of was primary the that Mountain Reef Twenty-Seven
a Pass conflict, also riding combination open the to shown through primary Maricopa ten will Dam National
route presently on to corridor access proposed in the Maricopa Trail miles, be Regional
3.3e that Road the the to trail Phase park loop. in of all part across Forest
runs the on Usery utilize forest. locked motorized east Usery loop 2 and Trail This order on it the of Park. Usery from
of of to
Figure Segment
39:
Bulldog Twenty-Seven
Canyon
Maricopa
County
Regional
Trail •I•II• =11
System 7.-5,71.1rcez: Anet4 4;341 Stma-rt1Va,,n zromy =fain, .71-tvil 1..13r1qp.Tr.,1 700.0e4
3 2
Plan
- Fes.1.7
page
45
E XHIB IT C U63585 Pag e 5 of 7

the Salt through Mountain developed under canal. There becoming opposite an zone. The hours. running. alternative developer allow to the The recreation, Plan Street The running identified through Segment
Sun River. Segments the are ideal The rollerblading, Meandering park. canal, to city to
Circle South of as These also side surface equestrian The SRP The its illustrates Riggs of the as the
Trail These Regional the part roadway spooked of existing path and easement along to first open Chandler city the town Thirty-Two Segment
Mountain of bridges plans by the for trail is transportation the maintain 15 right-of-way, space, a Road of Heritage of
section corridors Park Maricopa the safely will for canal an runs to biking. a is east feet continuous as Chandler Gilbert is
of are Park, are of city and allow vehicular pedestrian from equestrian decomposed along be and the on and and the identified Trail the _A
this a Trail lighted Adjacent passive 12-foot bank canal. each a the in and
plan. described power identified Chandler's and the path. granite the and the of side alternative 6.5-mile Chandler boundary. the the southern
line connecting uninterrupted pedestrians, bridges bicycle multi-use west be this to concrete of proposed stretch town city
as as road at The surface bank recreation canal the linear Paseo of of of portion
Segments corridor, the the by cyclists, each traffic. path of accessible is path and multi-use between canal ten-foot transportation the Gilbert, Chandler. of Thirty-Two
Western improvement traffic. of to equestrian built the a park Project. the
Six, the and Consolidated The and six minimize path up canal during path. the be must builder along designed The Consolidated starting The
Seven, Tres Canal, bridge arterial is the from within decomposed accommodates The 15-foot left easement the the at Consolidated
program. horseback the to city open to Chandler Canal
Eight, Rios the Canal streets be the of path clear Western Consolidated
section National to crossings riders danger located sediment 15-foot Chandler granite walking, services zone as primarily Consolidated provide Paseo from Canal
and crossing of clear Canal
Nine the of Trail Estrella be will pass to the horses the on provides clear park for path jogging, both the and zones define Canal. passive Master Galveston and Canal running
in is
page
54
-
1 11 1 Segment
Maricopa _Ctlandjer-
County Thirty-Two
Regional
Trail
System — OP •II• 1111. i=i
Plan Arlanal Park Can. ..7:Zgatt PPonty Prat? :N•Latity 1.1arka*6
'J 2 ,Or7.1
Tra:
Figure
46:
Consolidated Southern
portion
Canal of
EXHI BIT C U63 585 Page 6 of 7