LAND USE CONSTRUCTION PERIOD LICENCE WITH CAWCD CAP.PDF

When Recorded Return to:
Central Arizona Project
Lands Administration
P. O. Box 43020
Phoenix, Arizona 85080-3020
CAWCD # 2016-107
CENTRAL ARIZONA WATER CONSERVATION DISTRICT
CENTRAL ARIZONA PROJECT
LAND USE AND CONSTRUCTION PERIOD LICENSE
MARICOPA COUNTY PARKS AND RECREATION
MARICOPA COUNTY
The CENTRAL ARIZONA WATER CONSERVATION DISTRICT, a multi-county water
conservation district, created, organized, and existing under and by virtue of the laws of
the State of Arizona, “CAWCD,” who has assumed the responsibility for the care,
operation, maintenance, and management of certain transferred works of the Central
Arizona Project from the United States of America, who holds title to such works, and
under the terms and conditions of those certain agreements between the United States
and CAWCD for the care, operation, maintenance and management of the transferred
works, hereby licenses MARICOPA COUNTY, a political subdivision of the State of
Arizona, its agents and contractors, “Licensee,” the right to access property acquired for
the Central Arizona Project “CAP” to construct and maintain a portion of the Maricopa
Trail Segment #12 “TRAIL” adjacent to the west side of the Waddell Canal project. The
license is subject to the terms and conditions as set forth below:
1. Land Use License (LUL)
1.1. The term of the LUL shall be for a period of twenty-four (24) years, from
March 1, 2016 to February 28, 2040. The LUL has been approved for an
area of approximately 4.94 acres. The LUL Area is described in Exhibit A
and shown on map Exhibit B; both attached and made a part of the LUL.
This License is subject to ARS § 38-511, the provisions of which are
incorporated herein by reference.
1.2. CAWCD agrees to waive all future administrative cost and long term use
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fees associated with the project since this is a recreational benefit to the
community and considered a mutually beneficial project.
1.3 The Licensee shall have the right, at its expense, to operate and maintain
in the LUL Area, the TRAIL and all trail improvements relating thereto.
The Licensee shall have the right to modify, supplement, replace, upgrade
the TRAIL in the LUL Area at any time during the life of the LUL so long as
said relocation, replacement or upgrade is made for the purpose of
improving the trail, the modifications do not interfere with the operation
and maintenance of the CAP canal system, and the Licensee has
received the prior written consent of CAWCD.
1.4. 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 or CAWCD or their successors for such rights.
1.5. There is also reserved to the United States and CAWCD the right of their
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.
1.6. The United States and CAWCD reserve the right to inspect all operations
of the Licensee or its assigns under the terms of the LUL.
1.7. The Licensee shall notify CAWCD one week in advance of the Licensee’s
proposed maintenance or repair activities in the LUL Area to coordinate
the activities with CAWCD’s operations.
1.8. The 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 the
Licensee’s activities under the LUL, including liability arising under Article
7e.
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1.9. The Licensee shall procure and maintain during the term of the LUL and
any extensions thereof, work insurance purchased from an “A” rated or
better insurer with the following specified limits:
a. Workers Compensation as required by law and Workers
Compensation Employers Liability insurance with a limit of One
Million Dollars ($1,000,000).
b. Commercial General Liability insurance including contractual
liability with the following limit: Bodily Injury and Property Damage
Liability Insurance with limits of One Million Dollars ($1,000,000)
per occurrence.
c. Business Automobile Liability Insurance with a limit of One Million
Dollars ($1,000,000) per occurrence.
d. Umbrella Excess Liability Insurance with a limit of One Million
Dollars ($1,000,000).
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.
1.10. The Licensee shall assume responsibility and/or liability for any and all
damages to the Central Arizona Project 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, that may be caused by the operation and maintenance of the
Licensee’s facilities or the Licensee’s uses under the LUL.
2. Construction Period License (CPL)
2.1. The term of the CPL shall be for a period of one (1) years, from March 1,
2016 to February 28, 2017. This CPL has been approved for an area of
approximately 4.94 acres. The CPL Area is described and shown in
Exhibit C, attached and made a part of this CPL.
2.2. The Licensee agrees to contact CAWCD’s Lands Department at 623-869-
2555:
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a. at least two weeks prior to beginning construction under this CPL to
schedule a pre-construction meeting and arrange for access to the
CPL Area, and
b. at least two weeks prior to any digging in the CPL Area to locate
buried CAWCD utilities.
2.3. The Licensee shall appoint a Safety Representative for any work
performed pursuant to the CPL. This Safety Representative shall be
competent, experienced, and knowledgeable in supervision of the safety
aspects for any work performed pursuant to the CPL. The 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.
2.4. The Licensee is responsible for determining that the engineering plans
and specifications for their construction on the CPL Area 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.
2.5. The Licensee or Licensee's contractor will submit an As-built package
within 90 days of completion of the TRAIL. 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.
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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:
• Three sets of half size (11" x 17") hard copies,
• electronically on a CD-R a PDF set of the drawings, and
• electronically on a CD-R in CSV or ASCII format
3. The 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 the
Licensee’s use of the LUL or CPL Area.
4. The Licensee shall use said premises for the purposes stated herein and agrees
that in the use of said premises it shall maintain its facilities in a good and worker
like 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 the laws and regulations of any other applicable governmental
body along with directives of CAWCD affecting such operations.
5. The 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, the Licensee shall comply
with the most stringent standards while working within the LUL or CPL area. A
copy of the Central Arizona Project Safety Resource Manual and a link to the
Reclamation Safety and Health Standards can be found at our web site
www.cap-az.com located under “Contracting – Safety.”
6. Upon termination of the LUL or CPL, the Licensee shall, at its sole expense,
remove structures and equipment and restore the site to the satisfaction of
CAWCD within ninety (90) days from the termination date identified in Article 1 or
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the notification of termination date. If the Licensee fails to comply, any fees
associated with CAWCD's removal of the Licensee's improvements and site
restoration will be the responsibility of the Licensee.
7. The Licensee shall comply with all applicable federal, state, and local laws and
regulations, and 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. The 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, and 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. The 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) 869-2308.
d. The Licensee shall appoint an Environmental Representative for any work
performed or land uses pursuant to LUL or CPL. This 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 the LUL or CPL.
The Licensee shall subsequently notify CAWCD in writing if a different
Environmental Representative is appointed or if there are changes in the
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address or phone number of the Environmental Representative.
e. Violation of any of the provisions of Article 7 shall constitute grounds for
immediate termination of the LUL or CPL and shall make the Licensee
liable for the cost of full and complete remediation and/or restoration of
any Federal resources or facilities that are adversely affected lands, water
or facilities owned by the United States or managed by CAWCD.
8. The Licensee agrees to include the provisions contained in Article 7 above in any
subcontract or third-party contract it may enter into pursuant to the LUL or CPL.
CAWCD agrees to provide information necessary for the Licensee, using
reasonable diligence, to comply with the provisions of Article 7.
9. The CPL or LUL are non-assignable, non-exclusive, and fully revocable.
10. The CPL and LUL are 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. The LUL,CPL or both shall terminate at or upon:
a. The discretion of the United States or CAWCD.
b. Expiration of the terms as provided in Article 1.1and 2.1.
c. Violation of the covenants set out herein.
d. Official abandonment of the licensed area by the Licensee.
e. Failure of the Licensee to use the LUL or CPL for the purpose granted
herein, or for nonuse of the LUL for any continuous two (2) year period.
12. All 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 such Party may from
time to time designate in writing.
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If to CAWCD: Central Arizona Water Conservation District
PO Box 43020
Phoenix, Arizona 85080-3020
Attention: Lands Administrator
If to the Licensee: Maricopa County Parks and Recreation
41835 N Castle Hots Springs Rd
Morristown, Arizona 85342
Attention: Unit Operations Center
13. Any claim, controversy or dispute arising out of either 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; the
parties hereby waive all rights to and claims for monetary awards other than
compensatory damages.
14. Notwithstanding Article 13, should any litigation be commenced between the
parties concerning any provisions contained in either 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 as and for its attorneys’ fees in such litigation as determined
by the court.
15. If any term of either License is found to be void or invalid, such invalidity shall not
affect the remaining terms of the LUL, CPL or both, which shall continue in full
force and effect.
16. By executing this LUL and CPL, 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.
17. This License shall constitute the entire agreement and understanding of the
parties with respect to the LUL or CPL 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.
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Any amendments to either License shall be in writing and executed by both
parties.
18. This License shall be interpreted, construed and governed by the laws of the
State of Arizona.
19. Prior to execution the Licensee shall provide CAWCD with certified copies of the
signature authorities setting forth the persons authorized to execute this License
on behalf of the Licensee.
IN WITNESS WHEREOF, CAWCD has caused this License to be executed this
__________ day of _____________________________, _________.
MARICOPA COUNTY BOARD OF SUPERVISORS
Chairman Date
ATTEST
Clerk of the Board Date
Approved as to Form:
Deputy County Attorney Date
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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 _______________________, , 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
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