2014-004 LUCPL - REQUEST FOR SIGNATURE.PDF

When Recorded Return to:
Central Arizona Project
Lands Administration
P. O. Box 43020
Phoenix, Arizona 85080-3020
CAWCD # 2014-004
CENTRAL ARIZONA WATER CONSERVATION DISTRICT
CENTRAL ARIZONA PROJECT
LAND USE AND CONSTRUCTION PERIOD LICENSE
FOR COMMUNICATION FACILITIES
MARICOPA COUNTY
The CENTRAL ARIZONA WATER CONSERVATION DISTRICT ("CAWCD"), a multi-
county water conservation district and political subdivision of the state of Arizona
organized pursuant to A.R.S. §48-3701 et seq. for the purposes, among others, of
contracting with the United States, Bureau of Reclamation ("Reclamation") for the delivery
of Central Arizona Project ("CAP") water, repayment of CAP costs and operation and
maintenance of the CAP aqueduct and appurtenant CAP lands, hereby licenses to
MARICOPA COUNTY, a political subdivision of the state of Arizona, its agents and
contractors, "Licensee," the right to access CAP property to construct, operate and
maintain a communications facility to include a new 11"-8"x20'
prefabricated building, 45kW generator and 1,000-gallon propane tank, a
new H-frame mounted service meter and disconnect to be added to the
existing CAP shelter at the Waddell Dam (the “Site”). The license is subject to
the terms and conditions as set forth below:
1. Land Use License
1.1. The term of this Land Use License shall be for a period of five (5) years,
from June 1, 2016 to May 31, 2021. The conditions and terms of the
license at the time of renewal may be subject to change due to
statutory, regulatory or operational changes or needs of CAWCD
or the United States. This license has been approved for an area of
approximately 0.01 acre at the Site. The "License Area" includes the
communications facilities license area at the Site, the
underground utilities license area at the Site, and the parking
area license area at the Site, all as described in Exhibit A and
shown on Exhibit B; both attached and made a part of this License.
Rev. 20130507 1 CAWCD No. 2014-004
Project No. WADD

1.2. Licensee shall have the right, at its expense, to maintain and operate in
the License Area including radio and other communication transmitting and
receiving antennas, support mounts, cables, equipment, equipment
storage structures and other improvements relating thereto (the
“Communication Facilities”), as summarized in Exhibit C, attached and
by reference made a part of this License. Licensee shall have the
right to modify, replace, upgrade or relocate the Communication Facilities
w i t h i n the License Area at any time during the term of the License
so long as the modification, relocation, replacement or upgrade is
made for the purpose of sustaining or improving the operation of its
Communication Facilities, and Licensee has received the prior written
consent of CAWCD, which consent shall not be unreasonably withheld.
1.3. Licensee shall be entitled to reasonable access to the Site and the License
Area twenty-four (24) hours a day, seven (7) days per week, and shall have
all additional rights of access, ingress to, passage over and egress from
the License Area. Licensee's access to the Site shall be from Overlook
Road. Except in the case of an emergency, Licensee shall notify CAWCD
at least two (2) weeks in advance of Licensee's proposed maintenance or
repair activities to be performed in the License Area in order to coordinate
said activities with CAP's operations. Security of CAP lands shall be
maintained at all times. CAP gates must be kept locked except during entry
and exit. Entry and exit procedures require immediately locking gates
behind vehicles after proceeding through the gates.
1.4. Licensee, upon written approval from CAWCD, shall have the right, at its
expense, to install or improve utilities for its own use in the License Area.
All utility providers must enter into a separate license with CAWCD for
access and use of the License Area. CAWCD reserves the right to deny
or terminate any license to any party that is using any part of Licensee's
License Area without authorization.
1.5. There is reserved to the United States and CAWCD, their successors and
assigns, the prior right to use any of the property herein described to
construct, operate, and maintain all structures and facilities, including but
not limited to, canals, waste ways, laterals, ditches, roadways, electrical
transmission lines, communication structures, substations, switch yards,
power plants, and any other facilities without any payment made by the
United States and CAWCD or their successors for such rights
1.6. There is also reserved to the United States and CAWCD the right
of its officers, agents, employees, licensees and permittees, at all proper
times and places, freely to have ingress to, passage over, and
egress from all of said lands for the purpose of exercising, enforcing and
protecting the rights reserved herein; provided, however, that such access
rights shall not extend to the equipment cabinets or tower equipment
included as part of the Communications Facilities.
Rev. 20130507 2 CAWCD No. 2014-004
Project No. WADD

1.7. The United States and CAWCD reserve the right to inspect all operations
of Licensee under the terms of this License provided a representative of
Licensee is present during such inspections.
1.8. Licensee shall assume responsibility and/or liability for any and all damages
to the CAP structures and facilities and to any other property of the United
States or CAWCD, or any property under the control or custody of the
United States or CAWCD, their agents and assigns, caused by the
construction, operation and maintenance of Licensee's facilities or
Licensee's uses under this License.
1.9. Licensee shall indemnify and hold harmless the United States, CAWCD,
and their officers, directors, employees, agents and assigns from any
loss or damage and from any liability on account of personal injury,
property damage, or claims for personal injury or death arising out
of Licensee's activities under this License, including liability arising under
Article 8 (Environmental).
1.10. CAWCD acknowledges that Licensee is self-insured with the understanding
that in the event of a claim in which Licensee if found negligent, Licensee is
responsible for said claim.
2. Construction Period License (CPL)
2.1. The term of this CPL shall be for a period of two (2) years, from June 1,
2016 to May 31, 2018. This CPL has been approved for an area of
approximately 0.01 acres at the Site. The Construction Period License
Area (CPLA) is described and shown in Exhibits A and B attached and
made a part of this CPL.
2.3. The Licensee agrees to contact the Engineering Department:
a. at least two weeks prior to beginning construction under this CPL
to schedule pre-construction meeting and arrange for access to the
CPLA, and
b. at least two weeks prior to any digging in the CPLA to locate
buried control and/or power cables.
2.4. CAWCD reserves the right to stop any construction work of the Licensee
within the CPLA if, after inspection, CAWCD determines:
a. That unsafe conditions exist which may jeopardize the safety of
CAWCD, the Licensee, or the public, or
b. That proceeding with construction work is likely to physically
damage structures or property controlled by CAWCD.
c. That the Licensee did not follow the proper notification process
and/or receive written approval from CAWCD.
Rev. 20130507 3 CAWCD No. 2014-004
Project No. WADD

2.5. The Licensee is responsible for determining that the engineering plans
and specifications for their construction on the CPLA meet legal,
engineering and construction industry standards. The fact that CAWCD
reviews the Licensee's plans does not relieve the Licensee of the
requirements of this Article. The Licensee accepts and shall follow the
specific construction stipulations described on Exhibit D attached and made
a part of this CPL.
2.6. The As Built submittal must contain the following information:
a. CSV and ASCII files with Grid Coordinate Data to the thousandth of
a foot in NAD83 coordinated system, generated by a registered
surveyor that contain, at a minimum, the point number, northing,
easting, elevation, description/point name, feature type, feature
material, and feature size.
b. A minimum of two (2) CAP existing ROW property/boundary
monuments shall be tied by the Licensee, its agents and/or
contractor, and included in the submitted CSV file. CAWCD will
provide the location of the closest monuments to the project area
upon written request.
c. Survey points must be taken every twenty (20) feet or any point
where there is a change in either the vertical or horizontal alignment
d. A complete set of drawings signed, sealed, and dated by a
Professional Engineer or Land Surveyor registered in the State of
Arizona that include the precise location and installation
specifications of the utility, facility and/or structure by recording
any deviation from the original design drawings. The
horizontal and vertical datum information must also be included.
All drawings must also show the CAP property boundary and
License limits.
e. Complete sets of As-Built drawings shall be submitted in the
quantities and formats stated below:
• electronically on a CD-R a PDF set of the drawings, and
• electronically on a CD-R in CSV or ASCII format
If the As Built drawings are not received within 90 days after the
completion of the project, the Obligee will notify the surety and request the
as-built drawings be completed with 30 days or that the Surety reimburse
the Obligee for the actual costs that the Obligee may incur to have the as-
built drawings completed by a third-party, not to exceed the penal amount
of this bond.
Rev. 20130507 4 CAWCD No. 2014-004
Project No. WADD

3. Licensee, at its expense, shall be solely responsible to resolve any issues or
disputes with interested persons, including neighborhood associations,
concerning location, zoning, compatibility with existing or planned uses of
adjoining lands, aesthetics or any other issues or disputes relating to Licensee's
use of the License Area.
4. Licensee shall use said License Area for the purposes stated herein and agrees
that in the use of said License Area it shall maintain its facilities in a good
and workmanlike manner, and shall insure compliance with all laws, regulations,
and orders of the United States affecting such operations, and with the laws of the
State of Arizona, and with laws and regulations of any other applicable
governmental body along with directives of CAWCD affecting such operations.
5. Upon termination of this License, Licensee shall, at its sole expense, remove
structures and equipment and restore the L i c e n s e A r e a a t t h e S ite to
the satisfaction of CAWCD. All removal of equipment and restoration shall
be completed within ninety (90) days after the termination or expiration of this
License. If Licensee fails to comply, any fees associated with CAWCD's removal
of Licensee's improvements and License Area restoration will be the responsibility
of Licensee.
6. Licensee shall review and comply with the safety regulations set forth in the
current versions of the "Reclamation Safety and Health Standards", "Central
Arizona Project Safety Resource Manual" and current OSHA safety standards.
If there is a conflict within any of these safety standards, Licensee shall comply
with the most stringent standards while working within the Licensee Area. A
copy of the Central Arizona Project Safety Resource Manual and a link to
the Reclamation Safety and Health Standards can be can be found at CAWCD’s
web site www.cap-az.com located under "Contracting-Safety."
7. Licensee shall appoint a safety representative for the purpose of overseeing
the safety aspect and guiding the safety program of Licensee for any work
performed pursuant to this License (the “Safety Representative”). The Safety
Representative shall be competent, experienced, and knowledgeable in
supervision of the safety aspects for any work performed pursuant to this
License. Licensee shall subsequently notify CAWCD in writing if a different
Safety Representative is appointed or if there are changes in the address or
phone number of the Safety Representative.
Rev. 20130507 5 CAWCD No. 2014-004
Project No. WADD

8. Licensee shall comply with all applicable federal, state, and local laws and
regulations, and the United States Bureau of Reclamation's policies and
instructions, existing or hereafter enacted or promulgated, concerning any
hazardous material that will be used, produced, transported, stored or disposed
of on or in lands, waters or facilities owned by the United States or managed by
CAWCD.
a. "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.
b. Licensee shall not allow contamination of lands, waters or facilities
owned by the United States or administered and managed by
CAWCD by hazardous materials, thermal pollution, solid waste,
refuse, garbage, sewage effluent, industrial waste (including,
but not limited to product containers; surface preparation abrasives
and residues; coatings; paints; and primers), petroleum products,
mine tailings, mineral salts, pesticides (including, but not limited to,
the misuse of pesticides), pesticide containers, or any other
pollutants.
c. Licensee shall report to CAWCD immediately any event which may
or does result in pollution or contamination adversely affecting
lands, water or facilities owned by the United States or managed by
CAWCD. If the occurrence involves water pollution or
contamination, CAWCD's Water Control Center must be contacted
immediately at (623) 869-2530; if the occurrence involves land
pollution or contamination, CAWCD's Environmental Department
Supervisor, must be contacted immediately at (623) 869-2353.
d. Licensee shall appoint an individual to oversee compliance with all
applicable federal, state, and local laws and regulations concerning
hazardous materials (the “Environmental Representative”) for any
work performed or land uses pursuant to this License. The
Environmental Representative shall be competent, experienced,
and knowledgeable in supervision of the environmental aspects,
including environmental hazard aspects, for any work performed or
land uses pursuant to this License. Licensee shall subsequently
notify CAWCD in writing if a different Environmental Representative
is appointed of if there are changes in the address or phone
number of the Environmental Representative.
Rev. 20130507 6 CAWCD No. 2014-004
Project No. WADD

e. Violation of any of the provisions of Article 8 shall constitute
grounds for immediate termination of this License and shall make
Licensee liable for the cost of full and complete remediation and/or
restoration of any adversely affected natural resources, vegetation,
wildlife, lands, water or facilities owned by the United States or
managed by CAWCD.
9. Licensee agrees to include the provisions contained in Article 8 of this License
in any subcontract or third-party contract it may enter into pursuant to this
License. CAWCD agrees to provide information necessary for Licensee, using
reasonable diligence, to comply with the provisions of Article 8.
10. This License is subject to the provisions of Executive Order No. 11246 of
September 24, 1965, as amended, which sets forth the Equal Opportunity and
Affirmative Action clauses. A copy of this order may be obtained from the
United States Bureau of Reclamation, Lower Colorado Region, Regional
Director, P. O. Box 61470, Boulder City, Nevada 89006-1470.
11. This License is non-assignable, non-exclusive, and fully revocable.
12. In the event CAWCD elects to issue a permit or license to another
communications user for the right to use any of the License Area, CAWCD
agrees to notify Licensee thirty (30) days prior to the issuance of such authority
for the purpose of determining whether the third party communications user will
interfere with Licensee's use or intended use of the License Area. Licensee
may notify CAWCD in writing that the third-party will interfere with Licensee's
operations along with a description of how it will interfere. CAWCD agrees to
consider Licensee's written notice when evaluating whether to permit the
third-party communications user the right to use the License Area.
13. Licensee has the right to enter into agreements to allow other companies to
collocate or use any part of its facility within the License Area, provided Licensee
notifies CAWCD of all such agreements and provides the names of all parties to
the agreements to CAWCD. Notwithstanding Licensee's right to enter into such
agreements, all parties to any agreement for collocation or use of the facility
within the License Area must enter into a separate license with CAWCD for
access and use of the License Area. CAWCD reserves the right to deny or
terminate any license to any party that is collocating or using any part of
Licensee's facility with the License Area. CAWCD has the right to terminate this
License for failure of Licensee to notify CAWCD of any collocation agreement or
use of the facility by a third party.
Rev. 20130507 7 CAWCD No. 2014-004
Project No. WADD

14. This License shall terminate at or upon:
a. The discretion of the United States or CAWCD.
b. Expiration of the term as provided in Article 1.1.
c. Violation of the covenants set out herein.
d. Official abandonment of the License Area by Licensee.
d. Failure of Licensee to use this License for the purpose granted
herein, or for nonuse of this License for any continuous two (2) year
period.
15. Any claim, controversy or dispute arising out of this License shall be
settled by arbitration in accordance with the applicable rules of the
American Arbitration Association, and judgment upon the award rendered
by the arbitrator may be entered in any court having jurisdiction thereof. The
arbitration shall be conducted in Maricopa County. There shall be no discovery
other than the exchange of information, which is provided to the arbitrator by
the parties. The arbitrator shall have the authority only to award
compensatory damages and shall not have authority to award punitive
damages or other non-compensatory damages; the parties hereby waive
all rights to and claims for monetary awards other than compensatory
damages.
16. Notwithstanding Article 15 preceding, should any litigation be commenced
between the parties concerning any provisions contained in this License, or
rights and duties of any person in relation thereto, the prevailing party in
any such court or proceedings shall be entitled, in addition to such other relief
as may be granted, to a reasonable sum and for its attorneys' fees in such
litigation as determined by the court.
17. If any term of this License is found to be void or invalid, such invalidity shall
not affect the remaining terms of this License, which shall continue in full
force and effect.
18. By executing this License, the parties are not establishing any joint undertaking,
joint venture or partnership. Each party shall be deemed an independent
contractor and shall act solely for its own account.
19. This License shall constitute the entire agreement and understanding of the
parties with respect to the License Area that is the subject matter thereof and
supersedes all offers, negotiations and other agreements with respect thereto.
There are no representations or understanding of any kind not set forth herein.
Any amendments to this License shall be in writing and executed by both parties.
Rev. 20130507 8 CAWCD No. 2014-004
Project No. WADD

20. AII notices required or permitted to be given hereunder shall be in writing and
may be given in person, by facsimile transmission, or by United States mail
postage prepaid, and shall become effective at the earliest of actual receipt by
the party to whom notice is given, delivered to the designated address of the
party, or if mailed, forty-eight (48) hours after deposit in the United States mail
addressed as shown below or to such other address as the parties may from
time to time designate in writing.
If to CAWCD: Central Arizona Water Conservation District
PO Box 43020
Phoenix, Arizona 85080-3020
Attention: Lands Department
If to Licensee: Maricopa County
3324 West Gibson Lane
Phoenix, Arizona 85009-6248
Attention: Director, Wireless Communication Services
21. This License shall be interpreted, construed and governed by the laws of the State
of Arizona.
22. Prior to execution, Licensee shall provide CAWCD with a copy of the Maricopa
Board of Supervisors’ agenda authorizing Licensee to enter this License.
Rev. 20130507 9 CAWCD No. 2014-004
Project No. WADD

IN WITNESS WHEREOF, the Parties has caused this License to be executed this
day of , 2016.
Maricopa County, "Licensee"
By: ______________ ____
Clint Hickman
Its: Chairman of the Board of Supervisors
State of Arizona )
)
County of Maricopa )
On this day of , 2016, before me, personally
appeared Clint Hickman to me known to be the person described in and who
executed the foregoing instrument and acknowledged to me that he executed the
same as his free act and deed.
Notary Public in and for the County of
Maricopa, State of Arizona
My Commission Expires
Rev. 20130507 10 CAWCD No. 2014-004
Project No. WADD

Central Arizona Water Conservation
District, "CAWCD"
By: ______________ ____
Thomas L. Fitzgerald
Its: Supervisor, Lands and Records
State of Arizona )
)
County of Maricopa )
On this _ day of , 2016, before me, personally
appeared Thomas L. Fitzgerald to me known to be the person described in and
who executed the foregoing instrument and acknowledged to me that he executed the
same as his free act and deed.
Notary Public in and for the County of
Maricopa, State of Arizona
My Commission Expires
Rev. 20130507 14 CAWCD No. 2014-004
Project No. WADD

EXHIBIT A
CAWCD #2014-004
PAGE 1 OF 1
EXHIBIT “A”
LEGAL DESCRIPTION
A PART OF SECTION 20, TOWNSHIP 6 NORTH, RANGE 1 EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOW:
COMMENCING AT A FOUND MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
ALUMINUM CAP MARKING THE SOUTHWEST CORNER OF SECTION 20, THENCE SOUTH
89 DEGREES 43 MINUTES 54 SECONDS EAST, A DISTANCE OF 2610.93 FEET TO A
FOUND UNITED STATES GENERAL LAND OFFICE STONE MARKING THE SOUTH QUAR-
TER CORNER OF SECTION 20, THENCE NORTH 40 0EGREES 45 MINUTES 42 SECONDS
EAST, A DISTANCE 2311.72 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, 80.00 FEET;
THENCE NORTH 11 DEGREES 18 MINUTES 36 SECONDS WEST, 101.98 FEET;
THENCE NORTH 53 DEGREES 54 MINUTES 19 SECONDS EAST, 6.28 FEET;
THENCE NORTH 36 DEGREES 39 MINUTES 58 SECONDS WEST, 43.75 FEET;
THENCE SOUTH 77 DEGREES 26 MINUTES 57 SECONDS WEST, 36.52 FEET;
THENCE SOUTH 75 DEGREES 52 MINUTES 48 SECONDS WEST, 24.03 FEET;
THENCE SOUTH 09 DEGREES 05 MINUTES 25 SECONDS EAST, 126.59 FEET TO THE
POINT OF BEGINNING.
CONTAINING 10,188.29 SQUARE FEET MORE OR LESS.
5/17/16

EXHIBIT B
CAWCD #2014-004
PAGE 1 OF 1

CAWCD #2014-004
Exhibit C
Page 1 of 1
Communications facility equipment:
• 11"-8"x20' prefabricated building
• 45kW generator
• 1,000-gallon propane tank
• H-frame mounted service meter and disconnect to be added to the
existing CAP shelter

CAWCD #2014-004
Exhibit D
Page 1 of 1
1. The Licensee shall comply with all applicable federal, state and local air quality
regulations, including the United States, Environmental Protection Agency’s Federal
Implementation Plan (FIP), as well as Maricopa County Air Pollution Control
Regulations pertaining to control of dust from construction activities and vehicular travel
on dirt roads.
2. CAWCD requires that all vehicles traveling on unpaved CAP-controlled property,
including O&M roads, shall not exceed 15 mph in Maricopa County. Speeds greater
than 15 mph will generate dust that will violate Maricopa County dust control
regulations.
3. The Licensee shall provide dust stabilization measures on any portions of CAP
operations and maintenance roads used by the Licensee under this License. The
Licensee shall conduct all activity, including maintaining compaction where
pulverization has occurred on CAP-controlled property, so as to comply with dust
control regulations.
4. Any unauthorized use of the CAP aqueduct or right-of-way is prohibited and is grounds
for immediate termination of the permission granted herein.
5. Security of the CAP right-of-way must be maintained at all times. CAP gates must be
kept closed and locked except during entry or exit. The Licensee will be allowed entry
at designated point(s) only. A copy of this license must be kept with the vehicle
entering CAP property at all times. Fencing must remain intact.