CURRENT LAND USE AGRMNT CAWCD.PDF

When Recorded Return to:
(Marilyn Thomas)
Central Arizona Project
Lands Administration
P. O. Box 43020
Phoen~,Arizona 85080-3020
CAWCD # 2009-032
CENTRAL ARIZONA WATER CONSERVATION DISTRICT
CENTRAL ARIZONA PROJECT
LAND USE LICENSE FOR
MARICOPA COUNTY SHERIFF'S OFFICE
USE OF HELICOPTER FACILITY
PHOENIX, AZ
MARICOPA COUNTY
C-150'1O ·02~· tV! ·00
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, specifically Maricopa County Sheriff's Office, its agents and contractors,
"Licensee," the right to access property acquired for the Central Arizona Project (CAP)
and to use a helicopter facility and tarmac for emergency and non-emergency law
enforcement flight services, bucket training, K-9 training, and search and rescue training
on property acquired for the CAP. The license area is described in Exhibit A and
subject to the terms and conditions as set forth below:
1. The term of this License shall be for a period of five years, from
October 1,2009 to September 30,2014. This License has been approved for
an area of approximately 3.3 acres. The License Area is described in Exhibit
A and shown on map Exhibit B both attached and made a part of this License.
This License may be renewed for an additional five year period, conditioned
upon the written approval of both parties at least thirty (30) days prior to the
termination date.
Rev. 20081104 1 CAWCD NO.
Project No.

2. The Licensee agrees to pay all water and electricity costs associated with this
facility. Payment is due within thirty (30) days of the date of invoice. CAWCD
considers this land use a beneficial exchange of values and waives the
administrative charges and land use fees normally associated in the
application for licensing land uses.
3. 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.
4. 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.
5. The United States and CAWCD reserve the right to inspect all operations of
the Licensee or its assigns under the terms of this License.
6. 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 arlsinq out of the Licensee's activities
under this License, including liability arising under Article 12d. The Licensee
shall procure and maintain during the term of this License 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. Aircraft Liability insurance, combined liability coverage for bodily
injury and property damage with a minimum limit of Ten Million
Dollars ($10,000,000) per occurrence and not less than One Million
Dollars ($1,000,000) per passenger seat.
c. 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.
Rev. 20081104 2 CAWCD NO.
Project No.

7. 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 this License.
8. 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 License 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."
9. The Licensee accepts and shall follow the specific stipulations described in
Exhibit C, attached and made a part of this License.
10. 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 ensure 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.
11. Upon termination of this License, the Licensee shall, at its sole expense,
remove its equipment and restore the site to the satisfaction of CAWCD.
12. 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 lands, waters or facilities owned by the
Rev. 20081104 3 CAWCD NO.
Project No.

United States or administered and managed by CAWCD to be
contaminated 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
mayor 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 Compliance
Program Administrator, Mr. Tom Curry, must be contacted
immediately at (623) 869-2353.
d. Violation of any of the provisions of this Article 12 shall constitute
grounds for immediate termination of this License and shall make
the Licensee liable for the cost of full and complete remediation
and/or restoration of any adversely affected Federal lands, water,
resources or facilities that are owned by the United States or
managed by CAWCD.
13. The Licensee agrees to include the provisions contained in Article 12 of this
License in any subcontract or third-party contract it may enter into pursuant to
this License.
14. This License is non-assignable and fully revocable.
15. This License is 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.
16. This License shall terminate at or upon:
a. The discretion of the United States or CAWCD.
b. Expiration of the term as provided in Article 1.
c. Violation of the covenants set out herein.
Rev. 20081104 4 CAWCDNO.
Project No.

d. Official abandonment of the licensed area by the Licensee.
e. Failure of the Licensee to use this License for the purpose granted
herein, or for nonuse of this License for a one year period.
17. 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.
If to CAWCD: Central Arizona Water Conservation District
PO Box 43020
Phoenix, Arizona 85080-3020
Attention: Land Administrator
If to the Licensee: Maricopa County
Real Estate
301 W. Jefferson, Suite 960
Phoen~,Arizona85003
Attention: Real Estate Manager
18. Any claim, controversy or dispute arising out of this 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.
19. Notwithstanding Article 18, should any litigation be commenced between the
parties concerning any provisions contained in this 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.
20. If any term of this License is found to be void or invalid, such invalidity shall
not affect the remaining terms of this License, which shall continue in full
force and effect.
Rev. 20081104 5 CAWCD NO.
Project No.

21. This License shall be interpreted, construed and governed by the laws of the
state of Arizona.
22. Each person signing this License represents and warrants that he or she is
duly authorized and has the legal capacity to execute this License.
IN WITNESS WHEREOF, CAWCD has caused this License to be executed this
,ZJ. day of S~"""~ ,~oo9
Approved as to form Maricopa County
'(
BY'~ BY:~WW~_
.cSKJerJePUtY
Max Wil n
County Attorney Its: Chairman, Maricopa County Board
of Supervisors
«: ,A
Attest:('/ (Ju~<~/L( SEP 17 2009
:~ae
Gfet1( of the Board oq,cpo<=t
Joseph M. Arpaio
Maricopa County Sheriff
By:~~~~ __ ~~ _
Dougla iller, General Counsel
Central Arizona Water
Conservation District
Rev. 20081104 6 CAWCDNO.
Project No.

State of Arizona )
) §.
County of Maricopa )
On this 11 day of ¥.mAU/ . .-2aQ 9' . before me
personally appeared Max Wilson, to me known to be the person described in and who
executed the foregoing instrument and acknowledged to me that he/she executed the
same as his/her free act and deed.
Notary Public in and for the C
Maricopa, State of Arizona
State of Arizona )
) §.
County of Maricopa )
On this ;<~ day of ~ ,--+40 Cj ! before me
personally appeared David V. Modeer, 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.
Ndtary Public in and for the County of
Maricopa, State of Arizona
My Commission Expires
Rev. 20081104 7 CAWCD NO.
Project No.


EXHIBIT A
Central Arizona Water Conservation District, # 2009-032
DESCRIPTION OF LAND USE LICENSE AREA IN
MARICOPA COUNTY, STATE OF ARIZONA
A parcel of land in the Southeast Quarter (SE Jf4) of Section Eight (8), Township
Four (4) North, Range Three (3) East, Gila and Salt River Baseline & Meridian,
containing an area of 3.30 acres, more or less, and being more particularly described as
follows:
BEGINNING AT a point that bears North 47° 52' 52" West 1,963.05 feet from
the Southeast Comer of Said Section:
thence North 250.00 feet;
thence West 90.00 feet;
thence North 205.00 feet;
thence North 67° 00' 00" East 275.00 feet;
thence South 45° 00' 00" East 112.32 feet;
thence South 352.70 feet;
thence South 26° 00' 00" West 145.00 feet
thence West 179.00 feet to the POINT OF BEGINNING

REV DESCRIPTION DATE APPROVED
~XHIBIT B.~','CAWCD '2009-03
S 45'00'00' E NOTE:
N 67"00'00' E 112.32' BEARINGS BASED
275'00 ON ARIZONA STATE PLANE GRID
COORDINATES
CENTRAL ZONE
NORTH
205.00' --.:
SOUTH
352.70'
N
1
VEST
50.00'
T
NORTH
250.00'
S 26'00'00' V
145.00'
VEST
179.00'
N 47'52'52'\'/ o 300
1,963.05' ~ 100 100 200
17Yl6 ~~~~~~--------~I----------~I--------~
SCALE OF FEET
CENTRAL ARIZONA WATER CONSERVATION DISTRICT
3.30 ± ACRES
A PART OF SECTION 8, TAN, R3E., - G&SRM BASELINE
MARICOPA COUNTY, ARIZONA
DIVISION
ENGINEERING ~ C CENTRAL ARIZONA PROJECT
t----------=-=----.-_;;_---l A 23636 NORTH 7th STREET - PHOENIX, ARIZONA 85024
1 -3-98 ,p
12-3-98 TITLE CENTRAL ARIZONA PROJECT
HELICOPTER HANGAR
12-3-98 LAND USE LICENSE
R 12-3-98 DESCRIPTION
OWG NO. REV
CAP-C-C01758
. GUNN 12-3-98 SCALE FULL AutoCAD ReI. 14 SHEET 1 OF

EXHIBIT B. CAweDU;·
N 983,5001
~l
n
If)
-t"
W
7
+
o
F'
o
•
983,000
Q
o It
t
!So o

EXHIBITC
HELICOPTER FACILITY USE LICENSE
1. Flight patterns for helicopter access, ingress and egress to the Central Arizona
Project complex shall be from the canal side of the headquarters complex
property, and not over CAWCD's office or warehouse buildings.
2. The County shall comply with all applicable federal, state, and local air quality
regulations, including EPA's Federal Implementation Plan (FIP) and the Maricopa
County Air Pollution Control Regulations.
3. The County will provide 24 hour notice to CAWCD's Protective Services prior to
training exercises.
4. The County's parking of vehicles and helicopters shall be on pavement areas of
the Hangar Facility.
5. A complete chemical inventory of all hazardous chemicals, as defined by OSHA's
Employee-Right-To-Know regulations must be maintained by MCSO for all
operations at the hanger. The chemical inventory must be continually maintained
to reflect product and volume changes as they occur. A copy of the chemical
inventory and each revision must be sent in electronic form to CAWCD's Safety
and Environmental Departments. Material Safety Data Sheets (MSDS) must be
made available to CAWCD for each product on the inventory. The County agrees
to follow directions of CAWCD's Environmental Compliance Program
Supervisor in relation to use and storage of fuel.
6. Signs for the Hangar Facility shall be in existing prepared space on the hangar
building, and on roadways direction signs shall be consistent with CAWCD's
signs size and spacing. All signage shall be approved in advance by CAWCD's
Facility Service Manager.
7. The County agrees to limit vehicle speed to CAWCD's posted requirements when
using CAWCD's private roads.
8. Any changes, alterations or modifications to facility must be approved, designed
and constructed by CAWCD. Any costs for requested changes, alterations or
modifications, including administrative review costs and construction costs, are to
be reimbursed by the County to CAWCD.
9. Janitorial services provided by CAWCD under this License are for the offices
area only of the Facility. The County agrees to be responsible, at its cost, for
cleaning of the hangar portion of the Hangar Facility.