2016-04-05 P-50248 AMD 2 V4.DOCX

LICENSE No. P50248 AMENDMENT No. 02
C-94-14-024-3-02
AMENDMENT No. 2 TO REVOCABLE LICENSE AGREEMENT
FOR USE OF REAL PROPERTY
BETWEEN
MARICOPA COUNTY, LICENSOR
AND
TOWN OF QUEEN CREEK, LICENSEE
RECITALS
A. Licensor and Licensee are parties to that certain Revocable License Agreement
No. P50248 dated and approved by the Maricopa County Board of Supervisors on
June 25, 2014 and subsequently amended May 6, 2015, (the “Agreement”). The
Agreement is for restricted use of a certain parking area within the Licensor’s
Queen Creek Landfill site near Riggs Road and Hawes Road in Queen Creek, AZ
(the “Premises”)
B. The term of the License expires on April 30, 2016.
C. Licensor and Licensee now mutually desire to amend the Agreement to extend the
term, update Licensor notice address, replace the dust log and, Rule 302.6 and
define certain improvements to the Premises.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
Licensor and Licensee agree to amend License No. P50248 as follows:
1. The term of the Agreement is hereby extended through April 30, 2018. Licensor
or Licensee may immediately terminate the Agreement, at will and without cause,
upon written notice to the non-terminating party. This Agreement is subject to the
provisions of A.R.S. §38-511, the provisions of which are incorporated herein by
this reference.
2. Licensor notice address is changed as follows:
Maricopa County Facilities Management
Attn: Chief Real Estate Officer
2801 West Durango Street
Phoenix, AZ 85009
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3. Prior to and during each event, Licensee shall apply sufficient water to the surface
of the parking area and the access road in sufficient quantities and appropriate
methods of application to ensure a dust-free use of the parking area and the access
road in compliance with Rule 310, Section 302.6 of the Maricopa County Air
Pollution Control Regulations, attached hereto as Exhibit “A” and incorporated
herein by this reference.
4. Licensee shall add a minimum of two (2) inches of gravel, crushed granite or
similar material to the parking area. As an alternate, Licensee may add soil
stabilizer or soil cement to the parking area in sufficient quantities and appropriate
methods of application to ensure equivalent dust proofing of the parking area so
that dust proofing that would be achieved by application of a minimum of two (2)
inches of gravel, crushed granite or similar material.
5. The Maricopa County Landfill Dust Control Log incorporated in Exhibit “B” will
be replaced with a “Daily Recordkeeping / Self-Inspection Log for Rule 310” log
sheet. Licensee shall adhere to Rule 310, Section 302.6 of the Maricopa County
Air Pollution Control Regulations, which regulation is attached hereto and made a
part hereof.
6. The effective date of this Amendment No. 2 is the date of execution by the
Chairman of the Board of Supervisors.
7. The foregoing paragraphs contain all the changes made to the Agreement by this
Amendment No. 2. All other terms and conditions of the Agreement remain the
same and in full force and effect.
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LICENSE No. P50248 AMENDMENT No. 02
C-94-14-024-3-02
IN WITNESS WHEREOF, the parties have signed this Amendment No. 1:
LICENSEE: LICENSOR:
TOWN OF QUEEN CREEK MARICOPA COUNTY
______________________________ ____________________________________
John Kross, Town Manager Clint Hickman, Chairman of the Board
_______________________________ ATTEST:
Date
____________________________________
Clerk of the Board Date
This Amendment has been reviewed by the undersigned Attorney, who has determined
that it is proper in form and is within the power and authority granted under the laws of
the State of Arizona.
____________________________________
Deputy County Attorney Date
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LICENSE No. P50248 AMENDMENT No. 02
C-94-14-024-3-02
EHXIBIT “A”
Rule 310, Section 302.6 of the Maricopa County Air Pollution Control Regulations
302.6 Unpaved Parking Lots:
The owner and/or operator of a non-traditional source of fugitive dust that involves unpaved
parking lots shall be subject to the requirements described in Section 302.6(a) of this rule and,
unless otherwise specified and/or required, shall comply with one of the control measures
described in Section 302.6(b) of this rule and the additional requirements described in Section
302.6(c) of this rule.
a. Visible Emissions Requirements and Stabilization Requirements:
(1) The owner and/or operator of a non-traditional source of fugitive dust that involves
unpaved parking lots shall not cause or allow visible emissions of particulate matter,
including fugitive dust, beyond the property line within which the emissions are
generated.
(2) The owner and/or operator of a non-traditional source of fugitive dust that involves
unpaved parking lots shall not cause or allow visible fugitive dust emissions to exceed
20% opacity and shall not allow silt loading equal to or greater than 0.33 oz/ft
However, if silt loading is equal to or greater than 0.33 oz/ft then the owner and/or
operator shall not allow the silt content to exceed 8%.
b. Control Measures:
(1) For parking, maneuvering, ingress, and egress areas at developments other than
residential buildings with four or fewer units that are utilized for more than 35 days
during the calendar year:
(a) Install and maintain pavement; or
(b) Apply dust suppressant other than water and install, maintain, and use a suitable
trackout control device that controls and prevents trackout and/or removes particulate
matter from tires and the exterior surfaces of motor vehicles that traverse the site; or
(c) Uniformly apply and maintain surface gravel.
(2) For parking, maneuvering, ingress, and egress areas at developments other than
residential buildings with four or fewer units that are utilized for 35 days or less during
the calendar year:
(a) Install and maintain one of the control measures listed in Section 302.6(b)(1) of this
rule; or
(b) Apply water and install, maintain, and use a suitable trackout control device that
controls and prevents trackout and/or removes particulate matter from tires and the
exterior surfaces of motor vehicles that traverse the site.
(3) For parking, maneuvering, ingress, and egress areas 3,000 square feet or more in size
at residential buildings with four or fewer units install and maintain a paving or
stabilization method authorized by the city, town, or county by code, ordinance, or
permit.
c. Additional Requirements:
(1) Control measure(s) shall be considered effectively implemented when the unpaved
parking lot meets the requirements described in Section 302.6(a) of this rule.
(2) If trackout occurs, the owner and/or operator shall repair and/or replace the control
measure(s) and shall clean-up immediately such trackout from areas accessible to the public
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including curbs, gutters, and sidewalks when trackout extends a cumulative distance of 25 linear
feet or more and at the end of the day for all other trackout.
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License No. P50248 Amendment No. 02
C-94-14-024-3-02
Exhibit “B”
Daily Recordkeeping / Self-Inspection Log for Rule 310
Maricopa County Rule 310 (Fugitive Emmissions from Dust – Generating Operations) requires
that you maintain a daily self-inspection log to record the control measures implemented as
identified within your Dust Control Plan.
MCAQD Permit #_______________________
Date/Location/Name Before Dust During Dust All Spoils Track Out
Generation Generation “Crusted” over Devices
Rule 310.01 – Section 302.6 outlines requirements for Unpaved Parking Lots. Section 302.6
includes requirements on visible emmissions not beyond the property line, trackout and control
measures for parking area/activities.
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