2015-09-17 KYRENE SSSA - FINAL.DOCX

MARICOPA COUNTY Agreement Number G-30182
SITE-SPECIFIC SUPPLEMENTAL AGREEMENT
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE MARICOPA COUNTY,
AND
SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT AND POWER DISTIRCT
C-70-16-XXX-3-00
This Site Specific Supplemental Agreement (“SSSA”) is entered into this
_______day of _______________________ 2015, by and between the Salt River Project
Agricultural Improvement and Power District, (“SRP”), a political subdivision of the
State of Arizona and Maricopa County (“COUNTY”), a political subdivision of the State
of Arizona (“SRP” and “COUNTY” shall collectively be referred to herein as the
“Parties”). This SSSA is entered into pursuant to terms of that certain Intergovernmental
Agreement G-30156 entered into by the Parties dated effective July 8, 2013 (the “SRP
IGA”) (collectively, the SRP IGA and the SSSA are sometimes hereinafter collectively
referred to as the “Agreement”).
RECITALS
WHEREAS, the purpose of the SRP IGA is to fulfill the need for the
establishment of modern and reliable communication systems for SRP and COUNTY and
to locate the needed communications systems on real property owned by SRP and
COUNTY.
WHEREAS, COUNTY requires a reliable wireless communication system for the
purpose of meeting its public safety and government agency responsibilities.
WHEREAS, SRP owns an electrical power generating station and substation site
(APN 301-47-004) with a street address of 7105 South Kyrene Road in Tempe, Arizona,
commonly known as the Kyrene Generating Station (the “Facility”) which power
generating station and substation site are depicted in Exhibit “A” (the “Facility Site
Plans”) attached hereto and made a part hereof.
WHEREAS, the Parties desire to enter into this SSSA to permit COUNTY to
develop and operate a wireless communication system at the Facility.
TERMS OF AGREEMENT
NOW THEREFORE, in consideration of the mutual promises and undertakings of
the Parties hereinafter set forth herein and other good and valuable consideration, the
1

sufficiency and adequacy of which the Parties acknowledge, it is hereby agreed as
follows:
1. RECITALS. The Recitals, by this reference, shall be incorporated herein and are
made a part of this SSSA.
2. SRP RESPONSIBILITIES:
a. SRP shall allow County non-exclusive use of a portion of the Facility (the
“Project Area”), as the Project Area is depicted in Exhibit “A”, for
development and operation of a new COUNTY wireless communication
system at the Facility and SRP grants COUNTY permission to enhance the
Project Area, and portions of the Facility, to accommodate COUNTY’s
wireless communication system requirements.
b. SRP grants permission to COUNTY to modify the Project Area, and portions
of the Facility, in order to accommodate the installation, operation and
maintenance of COUNTY’s wireless communication system. The Project
Area shall be of a sufficient size and configuration to accommodate the
removal of an existing 80’ tall monopole, the installation of a new 140’ tall
communication tower and associated antennas, dishes, equipment and ice
bridge (“Tower”); a new standard Motorola support building with dimensions
of approximately 12’ x 20’ and associated radio equipment and site grounding
system (“Building”); a new 45kW propane-powered emergency generator and
associated wiring/piping (“Generator”); a new 1,000 gallon propane fuel tank
and associated wiring/piping (“Fuel Storage Tank”); and a new matching
chain-link security fence as necessary, new screen wall and security
monitoring equipment (“Security Fence”).
c. SRP shall be responsible for the security of, and all access to, the Facility.
SRP shall provide COUNTY twenty-four hour, seven-days-per-week ingress
and egress to the Project Area for the purpose of constructing the Site
Improvements as defined herein and for COUNTY’s on-going operations,
repair, upgrades and maintenance of COUNTY’s communication systems at
the Project Area.
d. The Parties hereby agree this SSSA does not give COUNTY the authority to
enter into any other agreement with a third-party to construct any additional
communication tower or building or to add additional facilities, antennae,
microwave dishes and/or any other type of equipment to the Tower or
Building, without the written approval of SRP, which approval may be
withheld or granted in SRP’s sole and absolute discretion. The Parties further
agree SRP shall be a party to any such third-party agreement. If a third-party
agreement is proposed, to ensure compatibility with existing users of the
Facility, frequency information of the third party shall be provided to the
existing users prior to the approval and execution of the third-party agreement.
2

This information will allow existing users to evaluate whether the proposed
third-party use is compatible with existing equipment at the Facility.
e. NOTICE IS HEREBY PROVIDED and the Parties hereby agree that approval
of this SSSA by SRP does not constitute approval by SRP of any permits or
approvals that may be necessary for construction of the Site Improvements as
herein defined. SRP and COUNTY shall work cooperatively to obtain any
and all necessary permits from the requisite federal, state or local
jurisdiction(s).
3. COUNTY RESPONSIBILITIES:
a. COUNTY shall work cooperatively with SRP to complete the Site
Improvements as herein defined. COUNTY shall be responsible for the
security of, and all access to, the Project Area. Locks to the gates will be
daisy-chained for access and SRP will not have a key or access to the County
Building.
b. Upon written notice to proceed from a duly authorized representative of SRP,
COUNTY shall be responsible to remove the existing 80’ tall monopole and
miscellaneous fencing; and install the following new equipment, structures
and facilities at the Project Area and portions of the Facility: i) the Tower; ii)
the Building; iii) the Generator; iv) the Fuel Storage Tank; and v) the new
Security Fence; together, the “Site Improvements” as depicted in Exhibit
“A”.
c. COUNTY shall be responsible for the design and construction of the Site
Improvements. COUNTY agrees to provide funding and expertise to produce
the documents (studies, engineering drawings and specifications) required for
COUNTY to obtain any required permit(s). COUNTY will manage the civil
engineering design, acquisition of services (environmental, geotechnical
services, structural analyses, etc.), and document development for the Site
Improvements. The completed document package will include site plans;
engineering calculations; tower drawings with structural analyses; building
drawings including electrical and mechanical details; and any other
documents required for a complete document packages.
4. SRP USE OF THE COUNTY TOWER. The Parties hereby agree SRP has the
option, should it so desire, to utilize the County Tower so long as the following
conditions are first met:
a. Written notice by SRP to the COUNTY of its intent to add additional
facilities, antennae, microwave dishes and/or any other type of equipment
to the Tower (“Additional SRP Equipment”).
b. Submission by SRP of (i) a structural analysis/load study and (ii) SRP
frequency information, both evidencing to the COUNTY and any other
3

then existing users of the Facility, who have been approved by SRP per
2.(d) hereinabove, that the proposed use by SRP and the installation of
Additional SRP Equipment is compatible with existing equipment on the
Tower.
c. SRP shall be solely responsible for the costs of any Tower structural
upgrade if any such upgrade is necessitated by the installation of
Additional SRP Equipment, as well as any frequency coordination with
the FCC for the Additional SRP Equipment.
d. Written approval from the COUNTY of SRP, which approval may only be
withheld if the Additional SRP Equipment and related SRP frequencies
are not compatible with existing equipment on the Tower.
5. CANCELLATION/TERMINATION: The Parties agree that the term of this
SSSA will be governed by IGA G-30156. In the event of cancellation or
termination of this SSSA by SRP (except for cancellation or termination of this
SSSA for an County Event of Default of the IGA which remains uncured
following notice and opportunity to cure as set forth in Section 12(c) of the IGA),
SRP shall reimburse COUNTY for the unamortized costs of the Site
Improvements based upon a thirty year amortization schedule using a three
percent (3%) annually compounded interest rate.
6. ENTIRE AGREEMENT. This SSSA, together with any exhibits attached hereto
and any agreements executed contemporaneously herewith, constitutes the entire
agreement between the Parties and sets forth all of the covenants, promises,
agreements, conditions and understandings between COUNTY and SRP, and
there are no covenants, promises, agreements, conditions or understandings, either
oral or written, between COUNTY and SRP other than as set forth herein. This
SSSA shall be construed as a whole and in accordance with its fair meaning and
without regard to any presumption or other rule requiring construction against the
party drafting this SSSA. This SSSA cannot be modified or changed except by a
written instrument executed by COUNTY and SRP.
(Signatures follow on next page)
4

MARICOPA COUNTY SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT AND
POWER DISTRICT
AUTHORIZED SIGNATURE: AUTHORIZED SIGNATURE:
TYPED NAME: Steve Chucri TYPED NAME: Chris W. Campbell
TITLE: Chairman of the Board of TITLE:
Supervisors Manager Engineering - Electronic Systems
Communications Engineering
DATE: DATE:
ATTEST: Clerk of the Board
5

The foregoing Agreement has been submitted to legal counsel for the County for review
and approval. The undersigned attorney has determined that said agreement is in proper
form and is within the powers and authority granted under the laws of the State of
Arizona.
Dated this ___________ day of ___________________, 2015
By______________________________________________
Deputy County Attorney
The foregoing Agreement has been submitted to the Attorney for Salt River Project
Agricultural Improvement and Power District (SRP). The SRP Attorney has determined
that said agreement is in the proper form and is within the powers and authority granted
under the laws of the State of Arizona.
Dated this ___________ day of _________________ , 2015
By_____________________________________________
Leo L. Miller
SRP Attorney
6

EXHIBIT “A”
Facility Site Plans
See the following plans prepared by Patriot Towers/Wireless through Motorola Solutions:
KYRN – Title Sheet & Project Information….Sheet T-1, revised 02/03/2015
KYRN – Overall Site Plan……………………Sheet LE-1, revised 02/03/2015
KYRN – New Site Plan……………………….Sheet LE-2, revised 02/03/2015
KYRN – Equipment Layout…………………..Sheet LE-3, revised 02/03/2015
KYRN – New Elevation………………………Sheet LE-4, revised 02/03/2015
Exhibit A
Site-Specific Supplemental Agreement IGA G-30182