2014-12-03 FINAL BOR LICENSE - LAKE PLEASANT WATER TANK SITE.PDF

Contract # 15-LG-32-4109
Case No. 15-005
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
CENTRAL ARIZONA PROJECT
And
MARICOPA COUNTY
GRANT OF LICENSE FOR WIRELESS
COMMUNICATIONS SITE
The United States of America acting through the Department of the Interior, Bureau of
Reclamation, represented by the officer executing this license, hereinafter referred to as the
“United States,” which term is understood to include the officer executing this document or
his duly authorized representative pursuant to the Act of Congress on June 17, 1902 (32 Stat.
388), The Reclamation Project Act of 1939 (53 Stat. 1187), and all acts amendatory thereof
and supplementary thereto, commonly known as the Federal Reclamation Laws as amended,
hereby grants to MARICOPA COUNTY hereinafter referred to as the “Licensee,” a non-
exclusive, non-possessory right to construct, operate, and maintain a wireless communication
site across a portion of the land acquired for the Central Arizona Project, as described on
EXHIBIT “A” and as shown on EXHIBIT “B” attached hereto and by reference made a part
hereof, and subject to the terms and conditions as set forth below:

1. The term of this license shall be for a period of five (5) years from February 1, 2015
to February 1, 2020. Thereafter, the Bureau of Reclamation can grant additional
extensions of five (5) years at its discretion pursuant to regulations and manual directives
and standards in effect at the time of the renewal. The license has been approved for an
area of approximately 1250 square feet, i.e. 25 feet wide and 50 length (.28 acres)
across Federal Land.
2. Licensee agrees to pay in advance all administrative costs incurred by the United State, its
agents, contractors, successors, and assigns in the processing of this License.
3. The United States hereby waives all rental fees associated with the License as set forth in 43
CFR 429.26 (a), (2) (3).
4. The Licensee shall follow the specific stipulations described in contract 9-07-30-L0298,
Dated June 29,1990 with the United States, Bureau of Reclamation, Phoenix Area Office,
6150 W. Thunderbird Road, Glendale, Arizona 85306.
5. The Licensee shall indemnify and hold harmless the United States, its 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 this license.
6. The Licensee shall assume responsibility and/or liability for any and all damages to United
States structures and facilities and to any other property of the United States, or any
property under the control or custody if the United States, its agents and assigns, that may
be caused by the construction operation and maintenance of the Licensee’s facilities.
7. The Licensee shall use said premises for the purpose stated herein and Licensee agrees that
in the use of said premises it shall maintain its facilities in a good and workmanlike manner,
and shall ensure compliance with the laws of the State of Arizona, and with all laws,
regulations, and orders of the United States affecting such operations. No other use if this

site shall be permitted for commercial communication purpose without assessed fees and
the prior written approval of the Bureau of Reclamation.
8. Licensee may not assign this license to any third party.
9. The United States reserves the right for its officers, agents and employees at all proper times
and places, freely to have unrestricted access and ingress to, passage over, and egress from
all of said lands for the purpose of exercising, enforcing, and protecting the rights reserved
herein.
10. The United States reserves the right to inspect all facilities of the Licensee to ensure
compliance with the terms of this License and upon notification from the United States of
any deficiencies, Licensee shall take all necessary steps to timely correct any non-
compliance issues.
11. The Licensee shall apply for permission to alter, improve, modify, or relocate existing
facilities and at other times, shall advise the United States of possible future works or
changes in existing work which may affect the planning, construction, operation, or
maintenance of works of the United States. Future alterations to existing facilities will
require the approval of the United States, will be constructed at the sole expense of the
Licensee, and the Licensee will be required to reimburse the United States for
administrative costs involved in the review and approval of the proposed modification.
12. Pesticide Use
(a) The Licensee shall not permit the use of any pesticides on Federal lands without prior
written approval by Reclamation. Licensee shall submit to Reclamation for approval an
Integrated Pest Management Plan (IPMP) thirty (30) days in advance of pesticide
application.
(b) All pesticides used shall be in accordance with the current registration, label direction, or

other directives regulating their use (State Department of Agriculture, Department of
Ecology, OSHA, etc.) and with applicable Reclamation policy and directives and standards.
Applicators will meet applicable State training or licensing requirements. Records
maintenance shall be in accordance with State requirements and such records shall be
furnished to Reclamation not later than five (5) working days prior to any application of a
pesticide.
(c) Any equipment, tools, and machines used for pesticide application shall be in good repair
and suitable for such use. Equipment shall be calibrated prior to the spraying season and as
deemed necessary by Reclamation.
(d) Mixing, disposal, and cleaning shall be done where pesticides residues cannot enter storm
drains, sewers, or other non-target areas.
(e) The Licensee shall initiate any necessary measures for containment and cleanup of pesticide
spills. Spills shall be reported to the Contracting Officer with full details of the actions
taken. Reporting may be within a reasonable time period. A reasonable time period means
within twenty four (24) hours of the spill, if it is an emergency, or by the first working day,
if it is a non-emergency. An emergency is any situation that requires immediate action to
reduce or avoid endangering public health and safety or the environment.
(f) Aerial application of a pesticide is prohibited without prior written consent by
Reclamation’s designated representative.
(g) The Licensee agrees to include the provisions contained in the paragraphs (a) through (f) of
this article in any subcontract or third-party contract it may enter into pursuant to this
contract.
13. The Licensee shall immediately contact Reclamation’s Archaeologist at 623-773-6200 of
the discovery of any and all antiquities or other objects of archaeological, cultural, historic,
or scientific interest on Reclamation lands. The Licensee shall follow up with a written
report of their finding(s) to Reclamation’s Archaeologist within forty-eight (48) hours.
Objects under consideration include, but are not limited to, historic, prehistoric ruins,
human remains, funerary objects, and artifacts discovered as a result of activities under this
authorization. The Licensee shall immediately cease all activity in the area of the
discovery, make a reasonable effort to protect such discovery, and wait for written approval

from Reclamation’s Archaeologist before resuming the activity. Protective and mitigation
measures specified by Reclamation’s Archaeologist shall be the responsibility of the
Licensee.
14. Hazardous Materials
(a) The Licensee may now allow contamination or pollution of Federal lands, waters or
facilities and for which the Licensee, has the responsibility for care, operation, and
maintenance by its employees or agents and shall take reasonable precautions to prevent
such contamination or pollution by third parties. Substances causing contamination or
pollution shall include, but are not limited to hazardous materials, thermal pollution, refuse,
garbage, sewage effluent industrial waste, petroleum products, mine tailings, mineral salts,
misused pesticides, pesticide containers, or any other pollutants.
(b) The Licensee shall comply with all applicable Federal, State, and local laws and regulations,
and Reclamation policies and directives and standards existing or hereafter enacted or
promulgated, concerning any hazardous material that will be used, produced, transported,
stored, or disposed of on or in Federal lands, waters or facilities.
(c) “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.
(d) Upon discovery of any event which may or does result in contamination or pollution of
Federal lands, water, or facilities, the Licensee shall initiate any necessary emergency
measures to protect health, safety and the environment and shall report such discovery and
full details of the actions taken to the Contracting Officer. Reporting may be within a
reasonable time period. A reasonable time period means within twenty-four (24) hours of
the time of discovery if it is an emergency, or by the first working day, if it is a non-
emergency. An emergency is any situation that requires immediate action to reduce or
avoid endangering public health and safety or the environment.
(e) Violation of any of the provisions of this Article, as determined by the Contracting Officer,
may constitute grounds for termination of this contract. Such violations require immediate

corrective action by the Licensee 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 as result of the violation.
(f) The Licensee agrees to include the provisions contained in paragraphs (a) through (e) of this
Article in any subcontract or third-party contract it may enter into pursuant to this contract.
(g) Reclamation agrees to provide information necessary for the Licensee using reasonable
diligence, to comply with the provisions of this Article.
15. This License will terminate and all rights of the Licensee hereunder will cease, and the
Licensee will quietly deliver to the United States possession of the premises in like
condition as when taken, reasonable wear and damage by the elements excepted:
a. Expiration of the term, as provided in Article 1.
b. Violation of the covenants set out herein.
c. An overriding public or project need.
d. The discretion of the United States.
e. Official abandonment of the licensed area by the Licensee.
f. Failure of the Licensee to use the license for the purpose granted herein, or nonuse of
the license for any continuous 2-year period.
16. Upon expiration, termination, or revocation of this License, if damage claims due to
Reclamation have been paid, the Licensee shall remove all structures, equipment, or other
improvements made by it from the premises at no cost to the United States. Upon failure to
restore any such improvements within sixty (60) days of expiration, termination, or
revocation, any remaining improvements shall, at the option of the United States, be
removed or become the property if the United States. The Licensee shall pay all expenses
of the United States, or its assigns, related to removal of such improvements.
The above notwithstanding, should Reclamation determine that there is a project or public
need for specific structures and/or equipment to remain in place, the Licensee shall be
compensated the market value of such improvements as determined by an appraisal

prepared by the United States.
17. All notices required or suggested to be given under this License 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 by the party to whom notice is given, 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.
If to Reclamation: Phoenix Area Office
Bureau of Reclamation
6150 W. Thunderbird Road
Glendale, AZ 85306-4001
Attention: PXAO-4000
If to the Licensee: Maricopa County Real Estate Department:
Attn: Dennis P. Lindsey
Cingular Site #:
Cell Site Name: Lake Pleasant
301 W. Jefferson Street
Suite 960
Phoenix, AZ 85003-2143
18. No Member of Congress shall be admitted to any share or part of any contract or agreement
made, entered into, or accepted by, on behalf of the United States, or to any benefits to arise
thereupon.
19. The Licensee warrants that no person or agency has been employed or retained to solicit or
secure this agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established
agencies maintained by the Licensee for the purpose of securing business. For breach or
violation of this warranty, the United States shall have the right to annul this agreement

without liability or in its discretion to require Licensee to pay the full amount of such
commission, percentage brokerage, or contingent fee.
20. Each provision of this use authorization shall be interpreted in such a manner as to be valid
under applicable law, but if any provisions of this use authorization shall be deemed or
determined by competent authority to be invalid or prohibited hereunder, such provisions
shall be ineffective and void only to the extent of such invalidity or prohibition, but shall not
be deemed ineffective or invalid as to the remainder of such provisions or any other
remaining provisions, or of the use authorization as a whole.
21. Any activity deemed to be illegal on Federal lands will be cause for immediate termination
of this use authorization.

IN WITNESS WHEREOF, the Parties has caused this G r a n t o f License for a Wireless
Communications Site to be executed this day of _______________ , 2015.
LICENSEE
MARICOPA COUNTY
By: ________________________________
Steve Chucri
Chairman of the Board of Supervisors
APPROVED AS TO FORM:
_______________________________
Deputy County Attorney
UNITED STATES OF AMERICA
By:____________________________
Area Manager
Phoenix Area Office

Contract #15-LG-32-4109
Case No. 15-005
ACKNOWLEDGMENT
State of Arizona )
) ss.
County of Maricopa)
On this day of , 2015, before me,
, a Notary Public in and for said County and State, personally appeared Steve
Chucri, Chairman of the Board of Supervisors, on behalf of Maricopa County, known to me to be
the person described in the foregoing instrument, and acknowledged to me that he/she executed the
same in the capacity therein stated and for the purpose therein contained.
Notary Public in and for
said County and State

Contract No. 15-LG-32-4109
Case No.15-005
ACKNOWLEDGMENT
State of Arizona )
) ss.
County of Maricopa )
On this day of , , before me,
, a Notary Public in and for said County and State personally
appeared , Area Manager, Phoenix Area Office,
Bureau of Reclamation, Department of the Interior, UNITED STATES OF AMERICA, known to
me to be the person described in the foregoing instrument, and acknowledged to me that he/she
executed the same on behalf of the United States in the capacity therein stated and for the purpose
therein contained.
Notary Public in and for
said County and State