ASLD SPECIAL LAND USE PERMIT 23-119052-03.PDF

- STATE LAND DEPARTMENT
STATE OF ARIZONA
SPECIAL LAND USE PERMIT
Permit No. 23-119052-03
THIS SPECIAL LAND USE PERMIT ("Permit") is entered into by and between the State
of Arizona, Arizona State Land Department ("Permittor''), the State Land
through
Commissioner ("Commissioner") and
MARICOPA COUNTY
(“Permittee”). In consideration of the payment of a fee and of performance by the parties
of each of the provisions set forth herein, the parties agree as follows:
ARTICLE 1
SUBJECT LAND
1.1 Permittor grants to Permittee a non-exclusive permit for special use on the
State Land described in Appendix A attached hereto ("the Subject Land").
1.2 Permittee makes use of the Subject Land as
5	1	11	1	1	10	1614	1940	54	34	89.908150	is and Permittor makes no
express or implied warranties as to the physical condition of the Subject Land.
ARTICLE 2.
TERM
2.1 The term of this Permit commences on October 28, 2016 (“Commencement
Date”) and expires on October 27, 2017 (“Expiration Date”), unless sooner canceled or
terminated as provided herein or as provided by law. This Permit expires on the date
indicated and carries no holdover rights.
2.2 The Permittee will not assign the Subject Land herein described in this
- Permit without the written consent of the State Land Commissioner, first obtained, and
will, upon the expiration of the Permit surrender peaceable possession of said land.
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23-COM 5/93 (Rey. 10/2011)

ARTICLE 3
FEE
3.1 Permittee agrees to pay as a fee for this Permit the following amount, due
and payable in advance on the Commencement Date, and each year thereafter on the
anniversary of the Commencement Date:
$2,400.00
3.2 If Permittee should fail to pay the fee when due, the Commissioner at his
option, may cancel this Permit or declare the same forfeited.
3.3. There shall be added to the delinquent rental or other monies due, a penalty
and delinquent interest. The delinquent interest rate shall be set by the State Treasurer
according to law. The penalty shall be the greater of a minimum processing cost as
determined by the Commissioner or five (5%) percent. The delinquent rent, penalty and
interest shall be a lien on the improvements and property on the land.
3.4 Permittee shall make and keep for the term of the Permit and either (i) five
(5) years thereafter; or (ii) until the conclusion of any dispute concerning this Permit,
whichever is later, appropriate books and records concerning the operation of this Permit
in accordance with generally accepted accounting practice, including but not limited to
legible copies of Federal and State Tax Returns, General Ledger, Financial Statements,
Bank Statements, Sales Reports, Rent Roll (if applicable), receipts and other records. At
Permittor’s request, Permittee shall make copies of these documents available at
Permittor’s office in Phoenix, Arizona. Permittor, its duly authorized agents, employees
and representatives shall have the right at all times during the term of this Permit and for
either (i) five (5) years thereafter; or (ii) until the conclusion of any dispute whichever is
later, to make reasonable examination of those books, records or other material in order to
obtain information which Permittor deems necessary to administer this Permit or to obtain
information to administer this Article 3 (Fee) of this Permit. The Permittee shall cooperate
fully in any such inspection or audit.
3.5 Failure to maintain the appropriate books and records as required by
paragraph shall establish a presumption in favor of Permittor in any dispute or legal action
pertaining to Article 3 (Fee) of this Permit.
ARTICLE 4_
PERMITTED USE
4.1 ‘This Permit grants authority only for the following specific purpose and
temporary structures; any other use by the Permittee of the land described herein, or of
any of the products therefrom, except as provided below, is expressly prohibited:
Equipment staging, temporary parking and landing area
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4.2 This Permit is subject to any leases, rights of way, and permits which may
exist, and any and all present commitments in connection with those leases and permits.
Permittee shall in no way interfere with the peaceful possession and use of the Subject
Land by a valid surface leaseholder or permittee of the Subject Land.
4.3 Permittor reserves the right to grant rights of way and easements over,
across, or upon the lands embraced in this Permit for public highways, railroads,
tramways, telephone, telegraph and transmission lines, pipe lines, irrigation works, flood
control, drainage works, logging and other purposes, and this Permit is issued subject to all
existing rights of way.
4.4 Permittee shall not cause nor grant permission to another to cause any waste
in or upon the Subject Land. Permittee, its employees and agents shall not cut, consume or
remove any timber, or standing trees that may be upon the Subject Land, without the prior
written consent of Permittor, except that Permittee may cut wood for fuel for domestic uses
and authorized improvements on the Subject Land without such prior consent. Nothing
herein shall permit the cutting of saw timber for any purpose.
ARTICLE 5
CONFORMITY TO LAW
5.1 Permittee shall not use or permit the Subject Land to be used in any manner
that is not in conformity with all applicable Federal, State, County and municipal laws,
rules and regulations, unless Permittor determines and advises Permittee in writing
otherwise.
5.2 This Permit shall terminate if Permittee is unable to or fails to obtain or loses
any governmental approval that is prerequisite to the special use for which this Permit is
issued, or that is necessary to construct, maintain or operate any facilities on the site in
connection with that special use.
ARTICLE 6
IMPROVEMENTS
6.1 Any and all structures placed by Permittee upon the Subject Land shall be
temporary and removable, and shall be removed upon expiration, cancellation, revocation
or termination of this Permit. The placement of permanent improvements upon the
Subject Land by Permittee is expressly prohibited; any permanent improvements so placed
upon the Subject Land by Permittee shall be removed by Permittee without damage to the
Subject Land or at the option of Permittor shall be forfeited and become the property of
the State. Permittee shall remain liable for the cost of removal of all improvements and for
restoration of the Subject Land, as set forth more fully in Article 13.
23-COM 5/93 (Rey. 10/2011)

6.2 Ifat any time after the execution of this Permit it is shown to the satisfaction
of the State Land Commissioner that the Permittee herein has misrepresented, by
implication or otherwise the value of any reimbursable improvements placed upon the land
herein embraced and Permittee herein not being the owner of said improvements at the
time of the execution of this Permit, this Permit shall be null and void, at the option of the
State Land Commissioner, insofar as it relates to the land upon which said improvements
are situated.
ARTICLE 7
CANCELLATION, TERMINATION & ABANDONMENT
71 If at any time after the execution of this Permit, it is shown to the satisfaction
of the Commissioner, that there has been fraud or collusion upon the part of Permittee to
obtain or hold this Permit at a lesser fee than its value, or through such fraud and collusion
a former permittee of the Subject Land has been allowed to escape payment of the fee due
for the use of said land by the former permittee, this Permit shall be null and void, at the
option of the Commissioner, insofar as it relates to the land affected by said fraud or
collusion.
7.2 Permittee shall give Permittor 25 days notice in writing in advance of the
abandonment of said Subject Land or termination of these presents.
7.3. In the event any land affected by this Permit is reclassified by order of the
State Land Commissioner, or sold, this Permit will automatically cancel as to the land
reclassified or sold upon the issuance of a new lease or at the time of auction, whichever
occurs first.
7.4 If Permittee should fail to keep the covenants and conditions herein set forth,
the Commissioner, at his option, may cancel said Permit.
7.5 This Special Land Use Permit shall be terminable at will with 25 days written
notice.
7.6 This contract is subject to cancellation pursuant to A.R.S. § 38-511.
ARTICLE 8
INSURANCE AND INDEMNITY
8.1 Indemnity. Permittee shall indemnify, defend, save and hold harmless the
State of Arizona, its departments, agencies, boards, commissions, universities and its
officers, officials, agents, and employees (hereinafter referred to as “State of Arizona”)
from and against any and all claims, actions, liabilities, damages, losses, or expenses
(including court costs, attorneys’ fees, and costs of claim processing, investigation and
litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury
(including death), or loss or damage to tangible or intangible property caused, or alleged to
be caused, in whole or in part, by the negligent or willful acts or omissions of Permittee or
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any of its owners, officers, directors, agents, employees or contractors, arising out of or
related to Permitiee’s occupancy and use of the Subject Land. . It is the specific intention of
the parties that the State of Arizona shall, in all instances, except for Claims arising solely
from the negligent or willful acts or omissions of the State of Arizona, be indemnified by
Permittee from and against any and all Claims. It is agreed that Permittee will be
‘responsible for primary loss investigation, defense and judgment costs where this
indemnification is applicable.
8.2 Insurance Requirements. Permittee shall procure and maintain for the
duration of the Permit insurance against claims for injury to persons or damage to
property which may arise from or im connection with this Permit. The imsurance
requirements herein are minimum requirements for this Permit and in no way limit the
indemnity covenants contained in this Permit. The State of Arizona in no way warrants
that the minimum limits contained herein is sufficient to protect the Permittee from
liabilities that might arise out of this Permit. Permittee is free to purchase such additional
insurance as Permittee determines necessary.
A, Minimum Scope and Limits of Insurance. Permittee shall provide coverage
with limits of liability not less than those stated below:
1. Commercial General Liability-Occurrence Form. The Policy shall include
bodily injury, property damage, personal injury and broad form contractual liability
coverage.
General Aggregate: $2,000,000.00
.
Personal Lajary: $1,000,000.00
Each Occurrence: $1,000,000.00
Blanket Contractual Liability: $1,000,000.00
Fire Damage (Any one fire): $500,000.00
The policy shall be endorsed to or automatically include the following as additional
insured language: “The State of Arizona, its departments, agencies, boards, commissions,
universities and its officers, officials, agents, and employees shall be named as additional
insureds with respect to liability arising out of the use and/or occupancy of the property
subject to this Permit, as their interests may appear.”
The policy shalJl contain a waiver of subrogation against the State of Arizona, its
departments, agencies, boards, commissions and its officers, officials, agents and employees
for losses arising from the Permittee.
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Each liability policy or policies shall be written on an occurrence basis.
Furthermore, the minimum amount of coverage for the above shall be adjusted upward on
Permittor’s reasonable request to be made no more frequently than once every two (2)
years so that such respective minimum amounts of coverage shall not be less than the
-amounts then required by statute or generally carried on similarly improved real estate in
the County herein described, whichever is greater.
2. Property Insurance, Property imsurance shall be required in the
Replacement Value amount of the bmprovements. Property insurance shall be written on
an “all risk, replacement cost coverage”, including coverage for flood and earth movement.
The policy shall contain a waiver of subrogation against the State of Arizona, its
departments, agencies, boards, commissions and its officers, officials, agents and employees
for losses arising from the Permittee.
B. Additional Insurance Requirements. The policies shall include, or be
endorsed to include, the following provisions:
1. The Permittee's insurance coverage shall be primary insurance with respect
to all other available sources.
2. Permittee’s liability and indemnification obligations pursuant to this Permit
shall not be limited by the coverage provided by Permittee.
Cc. Notice of Cancellation. Unless evidence of replacement coverage equivalent
to or exceeding the requirements of the Permit is verified according to subsection E below,
each imsurance policy required by the insurance provisions of this Permit shall not be
cancelled or reduced below the requirements of this Permit in coverage or in limits except
after thirty G0) days' prior written notice has been given to the State of Arizona (ten (10)
days prior written notice due to non-payment). Such notice shall be sent directly to the
Arizona State Land Department, 1616 W. Adams, Phoenix, Arizona 85007, and shall be
sent by certified mail, return receipt requested.
D. Acceptability of Insurers. Insurance is to be placed with duly licensed or
approved non-admiftted insurers in the State of Arizona with an A.M.
5	1	10	1	2	12	1842	2235	114	36	95.855644	Best rating of not
less than A-VII. The State of Arizona in no way warrants that the above-required
minimum insurer rating is sufficient to protect the Permittee from potential insurer
insolvency.
E. Verification of Coverage. Permittee shall furnish the State of Arizona with
certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as
required by this Permit. The certificates for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf.
23-COM 5/93 (Rev. 10/2011)

All certificates and endorsements are to be received and approved by the State of
Arizona before the Permit Term commences. Each insurance policy required by this
Permit must be in effect at or prior to the commencement of the Permit and must remain in
. effect for the duration of the Permit. Failure to maintain the insurance policies as required
by this Permit or to provide timely evidence of renewal will be considered a
material
breach of the Permit. .
All certificates required by this Permit shall be sent directly to The Arizona State
Land Department, 1616 W. Adams, Phoenix, Arizona 85007. Permit number and location
description are to be noted on the certificate of insurance. In the event a claim is presented
against the state relating to this site or use of this site, or in the event a default has occurred
under this Permit, the State of Arizona reserves the right to require complete, certified
copies of all insurance policies and endorsements required by this Permit at any time,
thereafter, subject to such confidentiality as is permitted pursuant to applicable laws, rules
and regulations.
KF. Approval. Any modification or variation from the insurance requirements in
this Permit shall be made by the contracting agency in consultation with the Department of
Administration, Risk Management Division. Such action will not require a formal Permit
amendment, but may be made by administrative action.
G. Exceptions. In the event the Permittee or sub-Lessee(s) is/are a public entity,
then the Insurance Requirements shall not apply. Such public entity shall provide
Certificate of Self Insurance. If the Permittee or sub-Lessee(s) is/are a State of Arizona
agency, board, commission, or university, none of the above shall apply.
H. Blanket Umbrella Policy. Anything in this Section to the contrary
notwithstanding, any insurance which Permittee is required to obtain pursuant to this
Section may be carried under a “blanket” or umbrella policy or policies covering other
properties or liabilities of Permittee, so long as the “blanket” or umbrella policy or policies
otherwise comply with the provisions of this Section and provided further that the policies
provide for a reserved amount with respect to the Subject Land so as to assure that the
amount of insurance required by this Section will be available notwithstanding any losses
with respect to other property covered by the blanket policies.
ARTICLE 9
ENVIRONMENTAL MATTERS
9.1 For purposes of this Permit, the term Environmental
5	1	12	1	1	10	1794	2535	138	36	95.185608	Laws shall include
but not be limited to any relevant federal, state or local environmental laws, and the
regulations, rules and ordinances, relating to environmental matters, and publications
promulgated pursuant to the local, state, and federal laws and any rules or regulations
relating to environmental matters. For the purpose of this Permit, the term Regulated
4	1	12	1	6	0	285	2829	1931	48	-1	
5	1	12	1	6	1	285	2829	258	36	94.472198	Substances
shall include but not be limited to substances defined as regulated
4	1	12	1	7	0	283	2889	1933	44	-1	
5	1	12	1	7	1	283	2889	242	42	81.708084	substance,
solid
5	1	12	1	7	3	732	2889	155	42	81.774612	waste, hazardous
5	1	12	1	7	5	1213	2889	154	44	87.418472	waste, “hazardous materials," hazardous
2	1	13	0	0	0	280	3050	995	79	-1	
3	1	13	1	0	0	280	3050	995	79	-1	
4	1	13	1	1	0	1219	3050	56	34	-1	
5	1	13	1	1	1	1219	3050	56	34	83.218872	-7-
4	1	13	1	2	0	280	3098	406	31	-1	
5	1	13	1	2	1	280	3098	125	24	91.807114	23-COM
5	1	13	1	2	2	414	3098	57	24	96.421776	5/93
5	1	13	1	2	3	483	3098	74	30	91.496994	(Rey.
5	1	13	1	2	4	568	3098	118	31	69.713364	10/2011)
2	1	14	0	0	0	2497	2	53	3295	-1	
3	1	14	1	0	0	2497	2	53	3295	-1	
4	1	14	1	1	0	2497	2	53	3295	-1	
5	1	14	1	1	1	2497	2	53	3295	95.000000

substances," toxic
5	1	1	1	1	3	749	288	235	44	94.392113	materials, toxic
5	1	1	1	1	5	1150	286	263	44	94.346062	substances, inert
5	1	1	1	1	7	1583	285	232	44	84.181534	materials, pollutants, toxic
4	1	1	1	2	0	317	343	1942	50	-1	
5	1	1	1	2	1	317	348	252	45	2.188854	pollutants,*
herbicides, fungicides, “rodenticides," insecticides,. contaminants,
pesticides, asbestos, environmental
5	1	1	1	3	4	1236	405	224	44	93.297104	nuisance, criminal
5	1	1	1	3	6	1716	403	209	65	94.727844	littering, or
“petroleum
products" as defined in Environmental Laws. oN
9.2 Permittee shall strictly comply with all Environmental Laws, including,
without limitation, water quality, air quality, and handling, transportation, storage,
treatment, or disposal of any Regulated Substance on, under, or from the Subject Land.
Without limiting the foregoing, compliance includes that Permittee shall: (1) comply with
all reporting obligations imposed under Environmental Laws; (2) obtain and maintain all
permits required by Environmental Laws, and provide a copy to the Permittor within ten
business days of receipt of the permit; (3) provide copies of all documentation required by
Environmental Laws to the Permittor within ten business days of Permittee's submittal
and/or receipt of the documentation; (4) during the term of the Permit, provide copies of all
information it receives or obtains regarding any and all environmental matters relating to
the Subject Land, including but not limited to environmental audits relating to the Subject
Land regardless of the reason for which the information was obtained or whether or not
the information was required by Environmental Laws; (5) prevent treatment, storage,
disposal, handling or use of any Regulated Substances within the Subject Land without
prior written authorization from the Permittor.
9.3. Permittee at all times shall employ or designate an existing employee (the
Designated
5	1	3	1	2	2	592	1592	251	46	96.051430	Compliance
5	1	3	1	2	3	858	1590	194	47	66.022270	Officer) who is responsible for knowing all Environmental Laws
affecting Permittee and Permittee business and monitoring Permittee's continued
compliance with applicable Environmental Laws. Upon request by the Permittor,
Permittee shall make the Designated Compliance Officer available to discuss Permittee's
compliance, answer any questions, and provide such reports and confirming information as
the Permittor may reasonably request.
9.4 At any time, the Permittor may request the Permittee to provide an
environmental audit of the Subject Land performed by an Arizona registered professional
engineer or an Arizona registered geologist. Permittee shall pay the entire cost of the audit.
9.5 At any time during the term of the Permit, the Permittor may require
Permittee to obtain one Phase I environmental assessment of the Subject Land performed
by an Arizona registered professional engineer or an Arizona registered geologist. H,
based upon the Phase I environmental assessment or its own independent investigation, the
Permittor identifies any possible violation of Environmental Laws or the terms of this
Permit, the Permittor may require Permittee to conduct additional environmental
assessments as the Permittor deems appropriate for the purpose of ensuring that the
Subject Lands are in compliance with Environmental Laws. The Phase I assessment, or
any other assessment required by the Permittor, shall be obtained for the benefit of both
Permittee and the Permittor. A copy of the Phase I report shall be provided both to
Permittee and the Permittor. The Permittor, in its sole discretion, shall have the right to
require Permittee to perform additional assessments of any damage to the Subject Land
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arising out of any violations of Environmental.Laws. If Permittee fails to obtain any
assessments required by the Permittor, Permittee shall pay the entire costs of any and all
assessments required by the Permittor, notwithstanding the expiration or termination of
the Permit.
9.6 Permittee shall defend, indemnify and hold the Permittor harmless from and
against any and all liability, obligations, losses, damages, penalties, claims, environmental
response and cleanup costs and fines, and actions, suits, costs, taxes, charges, expenses and
disbursements, including legal fees and expenses of whatever kind or nature (collectively,
claims or ''damages") pmposed on, incurred by, or reserved against the Permittor in any
way relating to or arising out of any non-compliance with any Environmental Laws, the
existence or presence of any Regulated Substance, on, under, or from the Subject Land,
and any claims or damages in any way relating to or arising out of the removal, treatment,
storage, disposition, mitigation, cleanup or remedying of any Regulated Substance on,
under, or;-from the Subject Land by the. Permittee, its agents, contractors, or
subcontractors.
9.7 .: This indemnity shall include, without limitation, claims or damages arising
out of any and all violations of Environmental Laws regardless of any real or alleged fault,
negligence, willful misconduct, gross negligence, breach of warranty, or strict liability on
_the part of any of the imdemnitees. This indemnity shall survive the expiration or
termination of this Permit and/or transfer of all or any portion of the Subject Land and
shall be governed by the laws of the State of Arizona.
9.8 In the event any action or claim is brought or asserted against the Permittor
which is or may be covered by this indemnity, the Permittee shall fully participate, at
Permittee's expense, in the defense of the action or claim including but not limited to the
following: (1) the conduct of any required cleanup, removal or remedial actions and/or
negotiations, (2) the conduct of any proceedings, hearings, and/or litigation, and () the
negotiation and finalization of any agreement or settlement. The Permittor shall retain the
right to make all final decisions concerning the defense. The Permittee's obligations to
participate in the defense under this Section shall survive the expiration or termination of
the Permit.
9.9 Prior to the termination of the Permit and in addition to those obligations set
forth in Article 13.2, Permittee shall restore the Subject Land by removing any and all
Regulated Substances. In addition, the restoration shall include, but not be limited to,
removal of all waste and debris deposited by the Permittee. If the Subject Land or any
portions thereof are damaged or destroyed from the existence or presence of any Regulated
Substance or if the Subject Land or any portions thereof are damaged or destroyed in any
way relating to or arising out of the removal, treatment, storage, disposition, mitigation,
cleanup or remedying of any Regulated Substance, the Permittee shall arrange, at its
expense, for the repair, removal, remediation, restoration, and reconstruction to the
Subject Land to the original condition existing on the date that the Permittee first occupied
the Subject Land, to the satisfaction of the Permittor. In any event, any damage,
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destruction, or restoration by Permittee shall not relieve Permittee from its obligations and
liabilities under this Permit. The Permittee's restoration obligations under this Section
shall survive the expiration or the termination of the Permit.
ARTICLE 10
PERMIT; SEVERABILITY
10.1. This Permit does not create a lease, easement, or other estate or right in the
real property. In the event this document or any supplemental attachments contains any
wording that a court of law interprets as creating a leasehold interest, that wording shall be
void but shall not affect the remaining terms and conditions of the Permit.
ARTICLE 11
RESERVATIONS; RELINQUISHMENTS
11.1 Permittor excepts and reserves out of the Permit hereby made, all oils, gases,
coal, ores, limestone, minerals, fossils and fertilizers of every name and description that
may be found in or upon the Subject Land or any part thereof.
-11.2 Permittor reserves the right to relinquish to the United States lands needed
for irrigation works in connection with a government reclamation project, and to grant or
dispose of rights of way and sites for canals, reservoirs, dams, power or irrigating plants or
works, railroads, tramways, transmission lines, or any other purpose or use on or over the
Subject Land.
ARTICLE 12
NATIVE PLANTS AND CULTURAL RESOURCES
12.1 (a) Pursuant to A.R.S. §§ 41-841 and 41-842, Permittee, Permiitee’s
employees, and Permittee’s guests shall not excavate or collect any prehistoric or historic
archaeological specimens. on the Subject Land without a permit from the Director of the
Arizona State Musewm and written approval of Permittor pursuant to the terms of this
Permit. Permittee shall immediately report any unpermitted excavation or collection of
archaeological specimens on the Subject Land to the Arizona State Museum and Permittor.
(b) Pursuant to A.R.S. § 41-844, Permittee shall report to the Director of
the Arizona State Museum and Permittor any prehistoric or historic archaeological site, or
paleontological site, that is discovered on the Subject Land by Permittee, Permittee’s
employees, or Permittee’s guests, and shall, in consultation with the Director of the Arizona
State Museum and Permittor, immediately take all reasonable steps to secure the
preservation of the discovery.
(c) Prior to any ground disturbance in areas not previously subject to a
cultural resources survey, as documented in the report reviewed herein (Hayden and
Tremblay 2016), Grantee shall arrange for a Grantee of the Arizona State Museum to
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23-COM 5/93 (Rev. 10/2011)

inspect the area for cultural, historical, and paleontological remains and submit two copies
and a PDF copy of the imspection report to the Arizona State Land Department
Archaeology Unit for review and approval. Provided any cultural resources are
discovered, Grantee shall avoid the resource or submit a plan for data recovery.
Archaeological surveys and/or site mitigation must be conducted in accordance with the
rules and regulations promulgated by the Director of the Arizona State Museum. In the
event additional archaeological resources are detected by Grantee after receipt of
archaeological clearance, all work shall cease and notification shall be given to the Director
of the Arizona State Museum, as well as the Arizona State Land Department Cultural
Resources Manager.
(d) In the event that any archaeological, paleontological, or historical site
or object, or Human remains or funerary object that is at least fifty years old is discovered
during ground disturbing activities, the work shall cease and the Grantee shall notify the
Director of the Arizona State Museum pursuant to A.R.S. §41-844, and Arizona State Land
Department Cultural Resources Manager.
(e) Except for archaeological investigations that are properly authorized
under a project-specific Arizona Antiquities Act permit issued by the Arizona State
Museum pursuant to A.R.S. §41-842, Grantee shall not cause nor allow any ground
disturbing activity within the boundaries of the archaeological sites recorded at the
Arizona State Museum as AZ 'T:4:99(ASM), without first obtaining the written permission
of Grantor. If cultural resources are damaged as result of Grantee’s activities, Grantee
shall arrange for an archaeological damage assessment to be conducted to determine the
damage and the need to complete any additional archaeological work. Grantee shall
provide Grantor with any archaeological plans, studies, or reports that may be needed for
Grantor’s use in consultation with the State Historic Preservation Office and the Arizona
State Museum.
12.2 (a) Permittee shall not move, use, destroy, cut or remove or permit to be
moved, used, destroyed, cut or removed any timber, cactus, native plants, standing trees or
products of the land except that which is necessary for the use of the Subject Land, and
then only with the prior written approval of Permittor. For undeveloped land, the
Permittee must submit a plant survey prior to the removal of any native plant. If the
removal or destruction of plants protected under the Arizona Native Plant Law (A.R.S. § 3-
901 et seq., or any successor statutes) is necessary to the use of the Subject Land, Permittee
shall also obtain the prior written approval of the Arizona Department of Agriculture. In
. the event the Permittee removes the native plants, the Permittee must pay a vegetation fee
to the Permittor and this fee is not a reimbursable improvement.
(b) Permittee is responsible for treatment of all regulated and restricted
noxious weeds listed by the Arizona Department of Agriculture.
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ARTICLE 13
PERMITTEE SHALL PROTECT AND RESTORE SUBJECT LAND
13.1. In the event of known trespass on the Subject Land resulting in damage
thereto, Permittee shall notify Permittor and appropriate law enforcement authorities.
13.2 Upon abandonment, cancellation, revocation or termination of this Permit,
Subject Land shall be restored to its original condition, to the satisfaction of the Permittor.
Such restoration shall include, but shall not be limited to, removal of any and all material,
equipment, facilities, temporary structures, or debris, deposited by Permittee on Subject
Land. If Permittee fails to remove all such material, equipment, facilities, temporary
structures, or debris within a reasonable period, as determined by the Permittor, they shall
be forfeited and become the property of the State, but Permittee shall remain liable for the
cost of removal of aJl materials and for restoration of the site.
ARTICLE 14
MISCELLANEOUS
14.1 It is understood by Permittee that the establishment of any water right, or
rights, shall be by and for the State of Arizona, and no claim thereto shall be made by said
Permittee; such rights shall attach to and become appurtenant to the Subject Land.
14.2 This Permit is granted subject to all the provisions and requirements thereto,
and to the present laws relating to State Lands, and all amendments, revisions or repeals of
all existing laws, the same as though they were fully set forth herein. No provisions of this
Permit shall create any vested right in Permittee.
14.3 In the event of a dispute between the parties to this Permit, it is agreed to use
arbitration to resolve the dispute but only to the extent required by A.R.S. § 12-1518; and
in no event shall arbitration be employed to resolve a dispute which is otherwise subject to
administrative review by the Department.
14.4 In any action arising out of this Permit, the prevailing party is entitled to
recover reasonable attorneys' fees in addition to the amount of any judgment, costs and
other expenses as determined by the court. In the case of Permittor, reasonable attorneys'
fees shall be calculated at the reasonable market value for such services when rendered by
private counsel, notwithstanding that it is represented by the Arizona Attorney General's
Office or other salaried counsel.
14.5 This document is submitted for examination and shall have no binding effect
on the parties unless and until executed by Permittor (after execution by Permittee), and a
fully executed copy is delivered to the Permittee.
14.6 Permittee shall adhere to all rules, regulations, ordinances, and building
codes as promulgated by local jurisdictions and any applicable agencies.
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23-COM 5/93 (Rev. 10/2011) :

14.7 AH of the covenants, conditions and agreements, attached to this Permit,
shall be, become and are a part of the Permit, the same as though set forth in full over the
signatures of the contracting parties hereto.
14.8 Every obligation of the State under this Permit is conditioned upon the
availability of funds appropriated or allocated for the payment of such obligation. If funds
are not allocated and available for the continuance of this Permit, this Permit may be
terminated by the State at the end of the period for which funds are available. No liability
shall acerue to the State in the event this provision is exercised, and the State. shall not be
obligated or liable for any future payments or any damages as a result of termination
under this paragraph.
14.9. The parties agree to be bound by applicable State and Federal rules
governing Equal Employment Opportunity, Non-discrimination and Disabilities, including
Executive Order No. 2009-09.
-13-
23-COM 5/93 (Rev. 10/2011)


APPENDIX A
STATE OF ARIZONA LAND DEPARTMENT RUN DATE: 1 November 2016
1616 W. ADAMS RUNTIME: = 12:21 PM
PHOENIX, AZ 85007 PAGE: 1
KE-LEASE# 023-1 19052-03-000 APPTYPE: NEW
AMENDMENT#: 0 . ‘
LAND# LEGAL DESCRIPTION a AUS ACREAGE
07.0-N-02.0-E-1 1-07-031-8020 M&B IN W2NE 0.00 0.370
TOTALS 0.00 0.370


IN WITNESS HEREOF, the parties hereto have signed this Permit effective the day
and year set forth below.
STATE OF ARIZONA, PERMITTOR MARICOPA COUNTY
Arizona State Land Commissioner LESSEE
By: /Authorized Signature /Date
Clint L. Hickman
(SEAL) Chairman of the Board of Supervisors
Printed Name Title
2801 W. Durango Street
Address
Phoenix AZ, 85009
City State Zip
ATTEST:
/Clerk of the Board
APPROVED AS TO FORM:
/Deputy County Attorney
23-COM 5/93 (Rev. 10/2011)