Extracted text (via pymupdf)
20684 characters
When Recorded Return To: Central Arizona Water Conservation District Attention: Land Administrator PO Box 43020 Phoenix, AZ 85080-3020 Maricopa County #C-50-__-______-_____-____ CA00164 CAWCD # 2025 - 114 CENTRAL ARIZONA WATER CONSERVATION DISTRICT CENTRAL ARIZONA PROJECT LAND USE LICENSE FOR MARICOPA COUNTY USE OF HELICOPTER FACILITY PHOENIX, AZ MARICOPA COUNTY 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 “CAP” 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 to MARICOPA COUNTY, a political subdivision of the state of Arizona (“Licensee”), acting on behalf of its Maricopa County Sheriff's Office, and its agents, invitees, and contractors (“MCSO”) the right to access property acquired for the CAP for use as a helicopter facility for emergency and non- emergency law enforcement flight services, helicopter maintenance and repair, office and bunk space, as well as law enforcement training activities such as K-9, and search and rescue training. This License is subject to the terms and conditions set forth below: 1. The term of this License shall be for a period of five (5) years, commencing on July 1, 2025 (“Commencement Date”) and expiring on June 30, 2030, unless sooner terminated or renewed as provided for in this Agreement. This License has been approved for an area of approximately 3.3 acres (“License Area”). The License Area is described in Exhibit A and shown on map Exhibit B, which are both attached and made a part of this License. This License may be renewed for an additional five (5) year period, conditioned upon the written approval of both parties at least ninety (90) days prior to the expiration date. Page 1 of 12 Maricopa County #C-50-__- -__-00 CA00164 CAWCD # 2025 - 114 Page 2 of 12 2. The Licensee agrees to reimburse CAWCD for all water and electricity costs associated with the Licensed Area CAWCD shall invoice MCSO for said costs, and MCSO shall make payment 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 arising out of the Licensee's activities under this License, including liability arising under Article 12d. 7. The Licensee is self–insured and hereby agrees to provide and maintain a certificate of self-insurance 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) with no sublimit of liability per passenger. This coverage should include the United States and CAWCD as additional insured. 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. This coverage should include the United States and CAWCD as additional insured. d. Pollution Legal Liability with limits of no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. This coverage should include the United States and CAWCD as additional insured. Maricopa County #C-50-__- -__-00 CA00164 CAWCD # 2025 - 114 Page 3 of 12 8. The Licensee shall assume responsibility and/or liability for any and all damages to the CAP 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 personal property, or the Licensee's uses under this License. 9. 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." 10. The Licensee accepts and shall follow the specific stipulations described in Exhibit C, attached and made a part of this License. 11. 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 workmanlike 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. 12. At the expiration of the License, or early termination of this License pursuant to the terms set forth herein, the Licensee shall, at its sole expense, remove its personal property from the License Area and restore the License Area to the satisfaction of CAWCD. 13. The Licensee shall comply with all applicable federal, state, 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 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. Maricopa County #C-50-__- -__-00 CA00164 CAWCD # 2025 - 114 Page 4 of 12 c. The Licensee shall report to CAWCD immediately any event, which may or 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, 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 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. d. Official abandonment of the License Area by the Licensee. e. Failure of the Licensee to use this License for the purpose granted herein. f. By either party as prescribed by A.R.S. § 38-511 as amended, the provisions of which are incorporated herein by this reference. 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 Attention: Land Administrator Maricopa County #C-50-__- -__-00 CA00164 CAWCD # 2025 - 114 Page 5 of 12 PO Box 43020 Phoenix, Arizona 85080-3020 If to the Licensee: Chief Financial Officer Maricopa County Sheriff’s Office 550 W Jackson Street 5th Floor Phoenix, AZ 85003 With a copy to: Maricopa County Real Estate Department Attn: Director 2801 W. Durango Street Phoenix, Arizona 85009 18. Disputes arising from this Agreement shall be subject to arbitration as may be required by A.R.S. § 12-1518. A notice of a dispute must be provided in writing to the other party and provide a summary of the issue that is the subject of the dispute. a. The parties shall confer within thirty (30) days of receipt of a notice of dispute to resolve the dispute and/or decide, within ten (10) days after conferring on a mutually acceptable arbiter. If a mutually acceptable arbiter cannot be agreed upon within thirty (30) days after conferring, the parties agree that each party shall name one (1) arbiter and those two (2) arbiters shall select a third arbiter. Any decisions made shall be made by a majority of the panel of three arbiters. b. If any party decides to proceed to arbitration in lieu of terminating this Agreement, arbitration shall be binding. The cost of any arbitration shall be shared equally by the parties. c. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. 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 authority to only award compensatory damages; the parties hereby waive all rights to and claims for monetary awards other than compensatory damages. Notwithstanding the foregoing, should any litigation be commenced between the parties concerning this Agreement, the prevailing party in any court or proceeding shall be entitled, as determined by the court, to a reasonable sum for its attorney's fees. 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. Maricopa County #C-50-__- -__-00 CA00164 CAWCD # 2025 - 114 Page 6 of 12 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. 23. This License may be signed in any number of counterparts with the same effect as if the signatures thereto and hereto are upon the same instrument. Maricopa County #C-50-__- -__-00 CA00164 CAWCD # 2025 - 114 Page 7 of 12 In witness whereof, the Parties hereto have caused this Agreement to be duly executed. LICENSEE: MARICOPA COUNTY Chairman, Board of Supervisors Date Attest: Clerk of the Board Date Approved as to form Deputy County Attorney Date Maricopa County Sheriff Jerry Sheridan Date CENTRAL ARIZONA WATER CONSERVATION DISTRICT Approved as to form: By: By: General Counsel General Manager Central Arizona Water Central Arizona Water Conservation District Conservation District Maricopa County #C-50-__- -__-00 CA00164 CAWCD # 2025 - 114 Page 8 of 12 EXHIBIT A Central Arizona Water Conservation District # 2025-114 DESCRIPTION OF LAND USE LICENSE AREA, MARICOPA COUNTY, ARIZONA A parcel of land in the Southeast Quarter (SE ¼) 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 Maricopa County #C-50-__- -__-00 CA00164 CAWCD # 2025 - 114 Page 9 of 12 EXHIBIT B Central Arizona Water Conservation District # 2025-114 DEPICTION OF LAND USE LICENSE AREA, MARICOPA COUNTY, ARIZONA Maricopa County #C-50-__- -__-00 CA00164 CAWCD # 2025 - 114 Page 10 of 12 EXHIBIT B continued Central Arizona Water Conservation District # 2025-114 DEPICTION OF LAND USE LICENSE AREA, MARICOPA COUNTY, ARIZONA Maricopa County #C-50-__- -__-00 CA00164 CAWCD # 2025 - 114 Page 11 of 12 EXHIBIT C HELICOPTER FACILITY USE LICENSE 1. Flight patterns for helicopter access, ingress and egress to the CAP complex shall be from the canal side of the headquarters complex property, and not over CAWCD's office or warehouse buildings. 2. The Licensee shall comply with all applicable federal, state, and local air quality regulations, including EPA's Federal Implementation Plan (PIP) and the Maricopa County Air Pollution Control Regulations. 3. CAWCD will provide an event calendar for the Water Education Center quarterly to MCSO. MCSO’s planned training dates will be provided to CACWD at least 15 days before the planned training date for CAWCD’s approval, and where conflicts arise separate non-conflicting dates will be identified by CAWCD. Flight patterns may also need to be adjusted when there are events taking place at the Water Education Center, but safety of flights take priority. 4. CAWCD agrees to provide its event schedule, and coordinate with MCSO when any outside helicopters or vendors, commissioned by the CAWCD, plan to utilize the helicopter pads. CAWCD will provide MCSO a minimum of five (5) calendar day’s notice of its plan to utilize the helicopter pads. 5. The County's parking of vehicles and helicopters shall be on pavement areas of the Hangar facility. 6. Non-MCSO Personnel Entry to Premises. For the purposes of this License, an “Invitee” is defined as an individual that is not a MCSO employee. Any Invitee to the Premises shall check in with MCSO security at the hangar reception area before accessing any other portion of the Premises. 7. 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. Safety Data Sheets (MSDS) must be made available to CAWCD for each product on the inventory. 8. Hazardous material removal from the Licensed Area will be the responsibility of the County and shall comply with all applicable federal, state, 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 is used, produced, transported, stored or disposed of from a facility owned by the United States and managed by CAWCD. CAWCD will not accept any hazardous material at CAWCD’s Building #3. 9. 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. Maricopa County #C-50-__- -__-00 CA00164 CAWCD # 2025 - 114 Page 12 of 12 10. The Licensee agrees to limit vehicle speed to CAWCD's posted requirements when using CAWCD's private roads. 11. Any changes, alterations or modifications to the facility, including design and construction of improvements must be mutually approved by the Licensee and CAWCD. Any costs incurred by CAWCD for requested changes, alterations or modifications, including administrative review costs and construction costs, are to be reimbursed by the Licensee to CAWCD. Unless otherwise agreed to in writing all improvements will become part of the facility and owned by the United States. 12. CAWCD shall review the County’s submitted plans, and plans revisions, in a timely manner and participate with the County in comment resolution meetings to arrive at final approved plans. Licensee may perform, or contract for, the changes, alterations or modification to the facility, based on the approved final plans. 13. Janitorial services provided by CAWCD under this License are for the offices area only of the facility. The Licensee agrees to be responsible, at its cost, for cleaning the hangar portion of the Hangar facility. The janitorial staff servicing the facility are not authorized to enter the facility unless a MCSO staff representative is present. 14. Water and electric service costs are not provided by CAWCD under this License. MCSO will be billed directly by CAWCD for the total cost of the water and electricity used at the helicopter facility.