LICENSE_AGREEMENT MADISON AVENUE JAIL.DOCX

LICENSE AGREEMENT FOR THE USE OF MADISON JAIL
THIS LICENSE AGREEMENT (this “License”) made and entered into as of the 16th day
of September, 2013 by and between Commander, Naval Special Warfare Development
Group (NSWDG), acting as a representative for the United States Government (the
“LICENSEE”), and Maricopa County Sheriff’s Department (“LICENSOR”).
1. The United States Government desires to use Madison Jail, 225 West Madison,
Phoenix, AZ 85003 (“the properties”) owned and operated by the LICENSOR for the
purpose of conducting military training for personnel attached to NSWDG. LICENSEE
agrees that the proposed training will not adversely impact the LICENSOR’s operational
schedule.
2. LICENSOR agrees to make the properties available for training at no cost to
LICENSEE, subject to LICENSOR’S access and safety protocols. LICENSOR grants
NSWDG personnel use of the properties for training during such times as may be
mutually acceptable for LICENSEE and LICENSOR. The right of access to the
properties is conditioned on the parties agreement on particular training dates at least a
week in advance of the training.
3. LICENSOR makes no representations that the properties are suitable for the
contemplated training. Normal operations permitting, representatives of the LICENSEE
will be granted access to the properties at least seventy-two (72) hours prior to the
training to inspect and evaluate the suitability and safety of the properties for the
proposed training.
4. LICENSOR agrees to use commercially reasonable efforts to ensure that no other
person (besides necessary ground personnel and designated LICENSOR personnel)
enters the properties without prior permission of the LICENSOR and the LICENSEE or
their designated representatives during the training.
5. LICENSOR is informed that the training may include military operations in urban
terrain; Simmunition.
6. The LICENSOR grants consent to the LICENSEE to collect overhead imagery
and remote sensing data in support of training activities. This collection will not be
utilized to support local, state, or federal law enforcement investigations.
7. LICENSOR agrees to inform LICENSEE in writing of any damage to the
properties promptly after it is known to LICENSOR. LICENSEE reserves the right to
make repairs, or to pay the Fair Market Value of those repairs to LICENSOR to restore
the properties to the condition which existed at the start of the licensed use. The
LICENSOR has the right to file a claim with the United States Navy pursuant to the
Federal Tort Claims Act (28 U.S.C. §§ 1346(b) 2671-2672, and 2674-2680) (FTCA) or
the Military Claims Act (10 U.S.C. § 2733) (MCA).

LICENSE AGREEMENT FOR THE USE OF MADISON JAIL
8. LICENSEE affirms that in the event of a third-party injury allegedly caused by
the negligence of the LICENSEE, the third party has the right to file a claim with the
United States Navy pursuant to the Federal Tort Claims Act (28 U.S.C. §§ 1346(b) 2671-
2672, and 2674-2680).
9. In no case will the United States Government liability exceed that allowable under
the FTCA or MCA.
10. LICENSEE will not hold LICENSOR liable for damage or destruction of
LICENSEE properties that occurred during the training as a result of LICENSEE’s
training activities or for injuries to LICENSEE’s personnel.
11. LICENSEE agrees that all training at or on the properties will be performed in a
lawful, prudent, and safe manner and will not unreasonably interfere with the normal
activities of LICENSOR’s operations. If LICENSOR notifies LICENSEE that the
training interferes with LICENSOR’s operations, or LICENSOR otherwise requests that
the training cease or be reduced, LICENSEE shall immediately, upon receipt of such
notice or request, cease or reduce the training or remove personnel and equipment as
appropriate to comply with LICENSOR’s notice or request. If the actual training will
vary materially from the details specified, the LICENSEE will promptly notify
LICENSOR of such anticipated variances and obtain LICENSOR’s concurrence with the
material variances prior to engaging in these activities.
12. This License is revocable by either party, at any time, with reasonable attempts
made to inform the other party before preparations for the next training evolution have
begun. Otherwise this License will remain in force and effect from day 13 November
2013 to 15 November 2013.
FOR MARICOPA COUNTY FOR COMMANDER, NAVAL
SHERIFF’S OFFICE SPECIAL WARFARE DEVELOPMENT
GROUP
_________________________ _______________________________
John MacIntyre Carlos E. Sandoval
Deputy Chief, Maricopa County NSWDG Urban Training Coordinator
Sheriff’s Office
Date:_____________________ Date: _________________________
Approved as to Form: MARICOPA COUNTY
______________________________ _______________________________
Thomas Liddy Andrew Kunasek, Chairman
Maricopa County Attorney’s Office Maricopa County Board of Supervisors
Date: _______________________ Date: __________________________
Attest: _____________________________
Fran McCarroll, Clerk of the Board
Date: _______________________
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