Extracted text (via pymupdf_layout)
6777 characters
LICENSE AGREEMENT FOR USE OF REAL PROPERTY P-50109 C-50-10-000-1-00 THIS AGREEMENT entered into this 2? day of rito, , 2010, by and between Lake Pleasant Marina Partners, LLP, hereinafter' referred to as Licensor, and Maricopa County, a political subdivision of the State of Arizona, hereinafter referred to as Licensee, collectively, the "Parties". WHEREAS, Licensor, as Concessionaire pursuant to a Use Management Agreement (UMA) with Maricopa County, developed and operates the Bureau of Reclamation owned Scorpion Bay Marina at Lake Pleasant, as depicted in attached Exhibit "A" (the "Property"), and WHEREAS, Licensee requires year around continuous unrestricted access to, and use of, dock space at Scorpion Bay Marina for the purpose of Maricopa County Sheriff's Office Law Enforcement operations at Lake Pleasant, and WHEREAS, the Parties desire to enter into a license agreement, hereinafter referred to as "License", under which Licensee may enter upon and attach Lake Patrol Facilities to Scorpion Bay Marina, receive utilities and mooring services from Licensor, and have permission to use the Property of Licensor as described herein; NOW, THEREFORE, in consideration of the following mutual covenants, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. TERM: Licensor hereby grants to Licensee a license to enter and use the Scorpion Bay Maria as shown in Exhibit "A" for the purpose statec/perein commencing on or about ....... , 2010, and continuing through ,.4,/S 2015. The License may be rehewed by written mutual agreement for an additonal five year term prior to License termination. 2. SCOPE: Upon execution of this Agreement Licensor shall make property available for Licensee's use as follows: 2.1. Licensee shall pay Licensor a one-time license fee of $10.00 for entering into the License. 2.2. At Licensor's sole cost and expense, Licensor shall furnish to Licensee fresh water service and electrical service to meet the Licensee's requirements for the Lake Patrol Facilities, If Licensee's use of the fresh water service or the electrical service becomes excessive, Licensor shall have the right to charge Licensee for the amount of fresh water service or electrical service that is determined by the Parties to be excessive. 2.3. Licensor, at Licensor's sole cost and expense, shall maintain the tension of the mooring lines attached to the Lake Patrol Facilities and operate all winches associated with the mooring of the Lake Patrol Facilities so that the Lake Patrol Facilities are raised and lowered with the fluctuating water level at Scorpion Bay Marina and to insure the safety of, and ready access to, the Lake Patrol Facilities. 2.4. Lake Patrol Facilities include a boathouse complex, a courtesy dock, and a wave attenuator. Licensor shall facilitate the safe relocation of the Lake Patrol Facilities to the Scorpion Lake Marina to include the connection of utilities as stipulated by the permitting authority. 2.5. Licensee shall limit use of Premises to storage of water crafts and other approved activities as it pertains to the Sheriffs office responsibilities at the Lake. 3. MAINTENANCE: Licensee agrees to maintain facilities in good operational condition. These facilities may be inspected by Maricopa County Facilities Management at any time. Any repair work shall be done during daylight hours, Monday thru Friday, except for emergencies. 4. RENT: Licensee shall be financially responsible for permit cost„ electrical connection and fire alarm cost, Licensor shall be financially responsible for all other houseboat relocation/construction cost, and acquisition and compliance to safety requirements as they pertain to the relocation of Licensee's boathouse to the Marina facility as stated at Exhibit "B". 5. INDEMNIFICATION: Each party (as "indemnitor") agrees to indemnify, defend and hold harmless the other party (as "indernnitee") from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused only by the willful misconduct or gross negligence of the indemnitor, its officers, officials, agents employees, or volunteers. Licensee shall provide Licensor with a certificate of insurance in the amount of $1,000,000, and name Licensor as additional insured on Licensee's general liability policy. 6. NON-WAIVER: The License shall be automatically revoked in the event of, or at such time that either party fails to comply with the expressed terms of the License, unless said failure is not cured within 10 days of date of written notice to cure. 7. CONFLICT OF INTEREST: Licensor acknowledges that the License is subject to A.R.S. 38-511 and may be cancelled pursuant thereto. 8. TERMINATION: Either party may terminate this agreement by giving 180-day prior written notice of termination to the other party. 9. NOTICES: All notices provided for herein shall be in writing and sent by certified mail to the Parties at the following addresses: Licensor's noticing address: Lake Pleasant Marina Partners, LLP CIO Skipper Marine Development 215 North Point Drive Winthrop Harbor, IL 60096 Licensee's noticing address: Maricopa County Finance Department Attention: Real Estate Manager 301 W. Jefferson, Suite 960 Phoenix, AZ 85003 10. ASSIGNMENT: Licensee shall not assign the License without the express written permission of Licensor, and Licensor agrees that said permission will not be unreasonably withheld. 11. USE MANAGEMENT AGREEMENT: This License shall be subject to the aforementioned UMA between Maricopa County and Licensor as Concessionaire. Licensee agrees to comply with all of the terms, provisions and covenants contained in the existing UMA between Lake Pleasant Marina Partners, LLP and Maricopa County and any existing or future amendments thereto. If the terms, provisions and covenants of the UMA or any future amendments, if any, conflict with terms of this License, the terms of the UMA shall prevail. 12. APPLICABLE LAW: The License shall be binding upon and inure to the benefit of the respective parties, their successors, personal representatives and assigns, and shall be governed by and constructed under the laws of the State of Arizona. **************************************************************************************************** IN WITNESS WHEREOF, the Parties have hereunder set their signatures on the day and year first written above. LICENCEE: LICENSOR: t-1- MARICOPA COUNTY Lake Pleasant Marina Partners-LEP By A T. le: a, eve- AAd 4L _ 1/ of the Board