MES984 MARICOPA COUNTY BRONCO BUTTE DRAFT (3).DOCX

Auth ID: MES984 FS-2700-10b (V.01/2014)
Contact Name: MARICOPA COUNTY OMB No. 0596-0082
Expiration Date: 12/31/2042
Use Code: 806
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
COMMUNICATIONS USE LEASE
AUTHORITY:
FEDERAL LAND POLICY AND MGMT ACT, AS AMENDED October 21, 1976
MARICOPA COUNTY of MARICOPA COUNTY WIRELESS SYSTEMS 3324 W GIBSON LANE
PHOENIX, AZ UNITED STATES 85009.
THIS LEASE, dated this _________day of December, 2016 by and between the UNITED
STATES OF AMERICA, acting through the Forest Service, Department of Agriculture (hereinafter
called the "United States" or "Forest Service"), as authorized by the Act of October 21, 1976, (90
Stat. 2743; 43 U.S.C. 1761, et seq.), and MARICOPA COUNTY, its agents, successors, and
assigns (hereinafter called the "Lessee").
The United States and the Lessee are jointly referred to herein as the "Parties". As used herein,
the "Authorized Officer" refers to the Forest Service official having the delegated authority to
execute and administer this lease. Generally, unless otherwise indicated, such authority may be
exercised by the Forest Supervisor or District Ranger of the TONTO NATIONAL FOREST
wherein the following described lands are located.
The United States, for and in consideration of the terms and conditions contained herein and the
payment to the United States of a rental in advance by the Lessee, does hereby grant to the
Lessee a lease for the following described communications facility in the County of
AZ:MARICOPA State of ARIZONA, SW1/4SE1/4 Sec. 36, T. 3 N., R. 10 E., GILA AND SALT
RIVER MERIDIAN (hereinafter called the "property"). The Lessee accepts this lease and
possession of the property, subject to any valid existing rights, and agrees not to use the property,
or any part thereof, except as a site for only the construction, operation, maintenance, and
termination of a Private Mobile Radio System communications facility. Authorized facilities under
this lease include:
Equipment shelter(s): 1- 10’x14’ and 1- 16’x 18.5’ built in place enclosures
Antenna support structure(s): 1- 30’ tall self-supporting steel lattice tower
Ancillary structure(s): Solar array, 25kW generator, 4- 50 gal propane fuel tanks,
ice bridge between sites.
The location of the property is shown generally on the site management plan and/or map dated
07/30/2016 for the Communications Site, which is attached and made part hereof as Exhibit A.
The dated and initialed exhibit(s), attached hereto, are incorporated into and made a part of this
instrument as fully and effectively as if they were set forth herein in their entirety.
The parties agree that this lease is made subject to the following terms and conditions.
I. TENURE, RENEWAL AND TRANSFERABILITY
A. This lease shall terminate at one minute after midnight on 12/31/2042. Termination at the end
of the lease term shall occur by operation of law and shall not require any addition notice or
documentation by the Authorized Officer. This lease is not renewable; but the Lessee has the
right to request a new lease pursuant to Paragraph "C" below.
B. The Lessee shall undertake and pursue with due diligence construction and operation that is
authorized by this lease. To the extent specified in Exhibit B, C, D operation shall commence on
12/2016. This lease shall terminate if operation does not commence by that date, unless the
parties agree in writing, in advance, to an extension of the commencement date.
C. If the Lessee desires a new lease upon termination of this lease, the Lessee shall notify the
Authorized Officer accordingly, in writing. The notice must be received by the Authorized Officer

at least one year prior to the end of the lease term. The Authorized Officer will determine if the
use should continue and, if it is to continue, if a new lease should be issued to the Lessee and
under what conditions. The Authorized Officer shall require payment of any amounts owed the
United States under any Forest Service authorization before issuance of another authorization.
D. This lease is assignable with prior written approval of the Authorized Officer, except when rent
has been exempted or waived in whole or part. Renting of space does not constitute an
assignment under this clause.
II. RENTAL
A. The Lessee must pay in advance an annual rental determined by the Authorized Officer in
accordance with law, regulation, and policy. The annual rental will be adjusted by the Authorized
Officer to reflect changes in fair market value, annual adjustments using the Consumer Price
Index - Urban (CPI-U), changes in tenant occupancy, or phase-in rental, if applicable.
B. Fees for this use have been exempted or waived in full pursuant to 36 CFR 251.57, or
revisions thereto, and direction in FSH 2709.11, chapter 90.
C. Pursuant to 31 U.S.C. 3717, et seq., interest shall be charged on any rental amount not paid
within 30 days from the date the rental or rental calculation financial statement specified in this
authorization becomes due. The rate of interest assessed shall be the higher of the rate of the
current value of funds to the U.S. Treasury (i.e., Treasury tax and loan account rate), as
prescribed and published by the Secretary of the Treasury in the Federal Register and the
Treasury Fiscal Requirements Manual Bulletins annually or quarterly or at the Prompt Payment
Act rate. Interest on the principal shall accrue from the date the rental or rental calculation
financial statement is due. In addition, an administrative penalty at a percentage rate prescribed
by law or regulation will be assessed for failure to pay any portion of the debt that is more than 90
days past due. This paragraph shall survive the termination or revocation of this lease, regardless
of cause.
D. Disputed rentals are due and payable by the due date. No appeal of rentals will be considered
by the Forest Service without full payment of the disputed amount.
III. RESPONSIBILITIES OF THE LESSEE
A. The Lessee is authorized to rent space and provide other services to customers and/or tenants
and shall charge each customer/tenant a reasonable rental without discrimination for the use and
occupancy of the facilities and services provided. The Lessee shall impose no unreasonable
restrictions nor any restriction restraining competition or trade practices. By October 15 of each
year, the Lessee shall provide the Authorized Officer a certified statement listing all tenants and
customers, by category of use in the facility on September 30th of that year.
B. All development, operation and maintenance of the authorized facility, improvements, and
equipment located on the property shall be in accordance with stipulations in the communications
site management plan approved by the Authorized Officer. If required by the Authorized Officer,
all plans for development, layout, construction, or alteration of improvements on the property, as
well as revisions of such plans, must be prepared by a licensed engineer, architect, and/or
landscape architect. Such plans must be approved in writing by the Authorized Officer before
commencement of any work. After completion, as-built plans, maps, surveys, or other similar
information will be provided to the Authorized Officer and appended to the communications site
management plan.
C. The Lessee will comply with applicable Federal, State, county, and municipal laws, regulations
and standards for public health and safety, environmental protection, siting, construction,
operation, and maintenance in exercising the rights granted by this lease. The obligations of the
Lessee under this lease are not contingent upon any duty of the Authorized Officer, or other agent
of the United States, to inspect the premises. A failure by the United States, or other
governmental officials, to inspect is not a defense to noncompliance with any of the terms or
conditions of this lease. Lessee waives all defenses of laches or estoppel against the United
States. The Lessee shall at all times keep the title of the United States to the property free and

clear of all liens and encumbrances.
D. Use of communications equipment is contingent upon the possession of a valid Federal
Communication Commission (FCC) or Director of Telecommunications
Management/Interdepartmental Radio Advisory Committee (DTM/IRAC) authorization, and the
operation of the equipment is in strict compliance with applicable requirements of FCC or IRAC. A
copy of each applicable license or authorization shall at all times be maintained by the Lessee for
each transmitter being operated. The Lessee shall provide the Authorized Officer, when
requested, with current copies of all licenses for equipment in or on facilities covered by this
lease.
E. The Lessee shall ensure that equipment within his or her facility (including tenant and customer
equipment) operates in a manner which will not cause harmful interference with the operation of
existing equipment on or adjacent to the communications site. If the Authorized Officer or
authorized official of the Federal Communication Commission (FCC) determines that the Lessee's
use interferes with existing equipment, the Lessee will promptly take the necessary steps to
eliminate or reduce the harmful interference to the satisfaction of the Authorized Officer or FCC
official.
F. When requested by the Authorized Officer, the Lessee will furnish technical information
concerning the equipment located on the property.
IV. LIABILITIES
A. The Lessee assumes all risk of loss to the authorized improvements.
B. The Lessee shall comply with all applicable Federal, State, and local laws, regulations, and
standards, including but not limited to, the Federal Water Pollution Control Act, 33 U.S.C. 1251 et
seq., the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601 et seq., and other
relevant environmental laws, as well as public health and safety laws and other laws relating to
the siting, construction, operation and maintenance of any facility, improvement, or equipment on
the property.
C. The Forest Service has no duty, either before or during the lease term, to inspect the property
or to warn of hazards and, if the Forest Service inspects the property, it shall incur no additional
duty nor any liability for hazards not identified or discovered through such inspections. This
paragraph shall survive the termination or revocation of this lease, regardless of cause.
D. The Lessee shall indemnify, defend, and hold the United States harmless for any violations
incurred under any such laws and regulations or for judgments, claims, or demands assessed
against the United States in connection with the Lessee's use or occupancy of the property. The
Lessee's indemnification of the United States shall include any loss of personal injury, loss of life
or damage to property in connection with the occupancy or use of the property during the term of
this lease. Indemnification shall include, but is not limited to, the value of resources damaged or
destroyed; the costs of restoration, cleanup, or other mitigation; fire suppression or other types of
abatement costs; third party claims and judgments; and all administrative, interest, and other legal
costs. This paragraph shall survive the termination or revocation of this lease, regardless of
cause.
E. The Lessee has an affirmative duty to protect from damage the land, property, and interests of
the United States.
F. In the event of any breach of the lease by the Lessee, the Authorized Officer may, on
reasonable notice, cure the breach for the account at the expense of the Lessee. If the Forest
Service at any time pays any sum of money or does any act which will require payment of money,
or incurs any expense, including reasonable attorney's fees, in instituting, prosecuting, and/or
defending any action or proceeding to enforce the United States rights hereunder, the sum or
sums so paid by the United States, with all interests, costs and damages shall, at the election of
the Forest Service, be deemed to be additional rental hereunder and shall be due from the
Lessee to the Forest Service on the first day of the month following such election.

V. OTHER PROVISIONS
A. Nondiscrimination. The Lessee shall at all times operate the described property and its
appurtenant areas and its buildings and facilities, whether or not on the property, in full
compliance with Title VI of the Civil Rights Act of 1964 and all requirements imposed by or
pursuant to the regulations issued thereunder by the Department of Agriculture and in effect on
the date this lease is granted to the end that no person in the United States shall, on the grounds
of race, sex, color, religion or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any of the programs or activities provided
thereon.
B. Revocation, Termination and Suspension.
1. General. For purposes of this lease, termination, revocation, and suspension refer to the
cessation of uses and privileges under the lease.
"Revocation" refers to an action by the Authorized Officer to end the lease because of
noncompliance with any of the prescribed terms, abandonment, or for reasons in the public
interest. Revocations are appealable.
"Termination" refers to the cessation of the lease under its own terms without the necessity for
any decision or action by the Authorized Officer. Termination occurs automatically when, by the
terms of the lease, a fixed or agreed upon condition, event, or time occurs. For example, the
lease terminates at expiration. Terminations are not appealable.
"Suspension" refers to a revocation which is temporary and the privileges may be restored upon
the occurrence of prescribed actions or conditions. Suspensions are appealable.
2. This lease may be suspended or revoked upon breach of any of the conditions herein or upon
nonuse. Nonuse refers to a failure to operate the facilities on the property for a period of 1 year.
3. Except in emergencies, the Authorized Officer shall give the Lessee written notice of the
grounds for revocation or suspension and a reasonable time, not to exceed 90 days, to complete
the corrective action. After 90 days, the Forest Service is entitled to such remedies as provided
herein.
4. This lease may be revoked at the discretion of the Forest Service when in the public interest.
When revoked in the public interest, the Lessee shall be compensated subject to the availability of
appropriated funds. Compensation shall be based upon the initial cost of improvements located
on the lease, less depreciation as allocated over the life of the improvements as declared by the
Lessee's Federal tax amortization schedules.
5. Any discretionary decisions or determinations by the Authorized Officer on revocation or
suspension are subject to the appeal regulations at 36 CFR 214, or revisions thereto.
6. In the event the Authorized Officer decides not to issue a new lease, or the Lessee does not
desire a new lease, the Authorized Officer and the Lessee shall, within six months prior to the
termination date of this lease, agree upon a mitigation plan to restore and stabilize the site.
7. Upon termination or revocation of the authorization, delinquent fees and other charges
associated with the authorization will be subject to all rights and remedies afforded the United
States pursuant to 31 U.S.C. 3711 et seq. Delinquencies may be subject to any or all of the
following conditions:
a. Administrative offset of payments due the holder from the Forest Service.
b. Delinquencies in excess of 60 days shall be referred to United States Department of Treasury
for appropriate collection action as provided by 31 U.S.C. 3711 (g), (1).
c. The Secretary of the Treasury may offset an amount due the debtor for any delinquency as

provided by 31 U.S.C. 3720, et seq.).
In the event this lease is revoked for noncompliance, the Lessee shall remove all structures and
improvements within 90 days, except those owned by the United States, and shall restore the site
as nearly as reasonably possible to its original condition unless this requirement is otherwise
waived in writing by the Authorized Officer.
If the Lessee fails to remove all structures or improvements within the prescribed period, they
shall become the property of the United States and may be sold, destroyed, or otherwise
disposed of without any liability to the United States.
C. Members of Congress. No member of or Delegate to Congress or Resident Commissioner
shall benefit from this lease whether directly or indirectly, except when the lease provides a
general benefit to a corporation.
D. Reservations. This lease is granted subject to the following reservations by the United States:
1. The right to all natural resource products now or hereafter located on the property unless stated
otherwise, and the right to utilize or dispose of such resources insofar as the rights of the Lessee
are not unreasonably affected.
2. The right to modify the communications site plan as deemed necessary.
3. The right to enter upon the lease and inspect all facilities to assure compliance with the
conditions of this lease.
4. The right of the United States to require common use of the property, and the right to authorize
use of the property for compatible uses, including the subsurface and air space.
In the event of any conflict between any of the preceding printed clauses or any provisions thereof
and any of the following clauses or any provision thereof, the preceding clauses shall control.
E. Cultural Resources Protection (D001RO). The holder, contractor, or lessee shall be
responsible for the protection from damage of all identified cultural resources within the area
which may be affected by their actions. In addition, the holder, contractor, or lessee shall be liable
for all damage or injury to the identified cultural resources caused by their actions. The holder,
contractor, or lessee shall immediately notify the agency Project Administrator if any damage
occurs to any cultural resource and immediately halt work in the area in which damage has
occurred until approval to proceed has been granted by the Project Administrator after
consultation with the Forest Archeologist. All provisions of the Region 3 Cultural Resources
Damage Assessment Handbook are incorporated by reference herein.
F. Native American Grave Protection and Repatriation Act (X003RO). Pursuant to the Native
American Grave Protection and Repatriation Act (NAGPRA) 25 USC 3002(d); 43 CFR Part 10.4,
if any human remains, funerary objects, sacred objects, or objects of cultural patrimony are
discovered during the course of ground disturbing activity, the holder will immediately cease
activity in the area of the discovery and will make a reasonable effort to protect the remains and
objects. The holder will provide immediate telephone notification of the discovery to the Forest
Service, and will follow up with written confirmation to the authorized officer. The holder will not
resume the activity that resulted in the discovery until the authorized officer gives written approval.
Approval to resume the activity, if otherwise lawful, will be given thirty (30) days after certification
by the authorized officer of the holder's written confirmation of the discovery, or at any time that a
written binding agreement is executed between the Forest Service and the affiliated tribes
adopting a recovery plan for the remains and objects.
G. Site Plan (C-2).
The holder shall prepare site plans to show the location of all buildings, service areas, roads, and
structures. Such plans shall be on a scale of 1” = 20’ with one foot contour intervals. The
holder is encouraged to consult with the Authorized Officer during the preparation of the site plan
to ensure that it is adequate. No construction shall be undertaken by the holder prior to site plan
approval.

H. Ground Surface Protection and Restoration (D-9).
The holder shall prevent and control soil erosion and gullying on National Forest System lands in
and adjacent to the permit area resulting from construction, operation, maintenance, and
termination of the authorized use. The holder shall construct authorized improvements so as to
avoid accumulation of excessive amounts of water in the permit area and encroachment on
streams. The holder shall revegetate or otherwise stabilize (for example, by constructing a
retaining wall) all ground where the soil has been exposed as a result of the holder's construction,
maintenance, operation, or termination of the authorized use.
I. Superseded Authorization (X-18).
This authorization supersedes an authorization designated MES255.
.
ACCEPTED this _________day of December, 2016, I
_____________________________________________, the undersigned have read, understand
and accept the terms and conditions of this lease.
MARICOPA COUNTY:
_____________________________________________
Holder By: Clint Hickman

Chairman of the Board of Supervisors
ATTEST:
_____________________________________________
Clerk of the board
APPROVED AS TO FORM:
_____________________________________________
Deputy County Attorney
IN WITNESS WHEREOF, the Forest Service, by its Authorized Officer, has executed this lease
on the day and year first written above.
UNITED STATES OF AMERICA
_____________________________________________
Neil Bosworth Date
Forest Service
Department of Agriculture
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is
not required to respond to a collection of information unless it displays a valid OMB control number. The valid
OMB control number for this information collection is 0596-0082. The time required to complete this
information collection is estimated to average one (1) hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the
basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status,
parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part
of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all
programs.) Persons with disabilities who require alternative means for communication of program information
(Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and
TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue,
SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA
through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an
equal opportunity provider and employer.
The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the
confidentiality to be provided for information received by the Forest Service.