LICENSE AGREEMENT WITH AGFD FOR MARICOPA TRAIL SEGMENT 14.PDF
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Recreational Trail License Agreement
Between the
Arizona Game and Fish Commission
and
Maricopa County
1.
Parties. This license agreement (Agreement) is made and entered into between the
Arizona Game and Fish Commission (Commission) and the Arizona Game and Fish Department
(Department), and its Director, acting as Secretary for the Commission; and Maricopa County
(County), for the purpose of using and maintaining a recreational trail across a portion of
Commission-owned Ben Avery Shooting Facility (BASF) in Maricopa County, Arizona.
2.
Authority. The Commission may enter into this Agreement pursuant to Arizona Revised
Statutes (ARS) § 17-231.A.
3.
Recitals.
Whereas, the Commission owns or controls a portion of land within Section 33, Township
06 North, Range 02 East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona,
referred to as a portion of the BASF, and
Whereas, by virtue of that certain Arizona Game and Fish Department Permit for
Recreational Trail Agreement Number HAB-19-1022RHB by and between the Commission and
County, which was effective on August 10, 2010 (Permit), County was granted permission to co-
locate the route of a portion of the Maricopa Trail (Trail), a continuous non-motorized recreational
trail that connects the eleven County Regional Parks, on an existing electrical utility/maintenance
dirt road alignment also utilized by Arizona Public Service (APS), which traverses the northwest
corner of BASF, and
Whereas, the Permit expires on August 9, 2020 and County has requested to continue co-
locating said portion of the Trail on said electrical utility/maintenance dirt road alignment, and
Whereas, the above referenced road is also referred to as a portion of Segment 14 of the
Trail, and is signed as part of the existing Trail system, and
Whereas, the Commission has found that the use of BASF for this limited purpose is in
the furtherance of the public interest.
Now, Therefore, under the terms and conditions described herein, the Commission does
Land and Water Program
Arizona Game and Fish Department
5000 West Carefree Highway
Phoenix Arizona 85086
Agreement Number: HAB-20-0807-JDR (06/17/20 draft)
Property Name: Ben Avery Shooting Facility
Property Location: Sec 33 – T06N, R02E, Maricopa County, AZ
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hereby grant permission to County, subject to all existing easements, rights-of-ways, restrictions,
conditions, covenants and liabilities as may appear of record, a non-exclusive license to utilize the
existing dirt roadway on the BASF located within Section 33, Township 06 North, Range 02 East
of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, and more particularly
described in Exhibits A and B, attached hereto and incorporated by reference, for continued use as
a non-motorized recreational trail in the existing Trail system in accordance with the provisions of
this Agreement.
4.
Terms and Conditions.
A. License. This is a revocable license for non-exclusive use of said road as a non-
motorized recreational as part of the Trail through the BASF, as more fully described in Exhibit
A, for use by the general public. No property interest is conveyed to County or to any other party
by this Agreement.
B.
Term of License Agreement and Renewal. The term of this license Agreement
shall be for a period of ten (10) years from the date of the last signature. At the request of the
County, and at the option of the Department, this Agreement may be renewed upon expiration for
an additional ten (10) year period subject to any future additional terms and conditions as the
Department may require. The renewal option shall be initiated with delivery of said request to the
Department six (6) months prior to the expiration of the term. Such notices shall be delivered as
prescribed under Section 9 herein.
C.
Department of Interior/Bureau of Land Management Patent and Recreation
and Public Purposes Act Requirements. This Agreement is subject to all of the terms,
conditions, and provisions of that certain United States of America Patent No. 02-64-0084, the
United States Department of Interior, Bureau of Land Management Decision dated July 30, 1963,
Recreational Purchase Application Arizona 032125, the terms of which are incorporated herein
and made a part hereof by reference, along with any and all amendments and revisions thereof.
D.
Use of Trail for Non-Motorized Recreation Only. The County’s and public’s
use of the Trail is for non-motorized public recreation only. County and public access to the Trail
for commercial or industrial purposes is prohibited. County shall exercise reasonable precautions
to limit damage to the road and adjacent lands caused by public use.
E.
Flammable Materials. County shall not cause or allow the use or disposal of
flammable materials on or adjacent to the Trail. Use or disposal of firecrackers, other incendiary
devices, or smoking materials on or adjacent to the Trail is strictly prohibited.
F.
Regulated or Hazardous Substances. County shall not use or dispose of regulated
substances, hazardous wastes, hazardous substances, toxic substances or pesticides, as those terms
are defined in the Resource Conservation and Recovery Act (as amended by the Hazardous and
Solid Waste Amendments of 1984), 42 U.S.C. § 6901 et seq., the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq., the Hazardous Materials
Transportation Act, 49 U.S.C. § 510 et seq., the Toxic Substance Control Act, 15 U.S.C. 260 et
seq., the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 136j, et seq., on or
adjacent to the Trail.
G.
Trail Alterations or Improvements. County shall bi-annually maintain the
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surface of the Trail and the County-installed step-over gates at each BASF boundary fence for the
purpose of restricting motorized use of the Trail. County shall install and maintain three (3) three-
wire 12-foot “cowboy gates” at the locations that APS uses to access this area of BASF. County
shall maintain and repair the County-installed 3-strand barbed wire fence adjacent to and roughly
following the south alignment of the existing roadway, which runs the entire length of the
permitted area for the purpose of restricting Trail users from accessing the shooting areas of the
BASF. County shall install and maintain Trail markers for the purpose of identifying the course
of the Trail. Such improvements shall meet standards approved by the Department. County shall
obtain prior written permission from the Department prior to any proposed new construction,
alteration, or other work activity on the Trail. Further, should burro intrusion into the Trail become
an issue, County shall, upon written notice from the Department, install “roll-over” gates to prevent
burro entry.
H.
Native Plants. County may trim trees or shrubs which, in the judgment of County,
may interfere with the safe operation of the Trail without the prior written permission of the
Commission. If the removal of plants protected under the Arizona Native Plants Law, A. R. S. §
3-901 et seq. is necessary to exercise safe Trail access, the County must secure the prior written
permission of the Arizona Commission of Agriculture and Horticulture.
I.
Cultural Resources. Pursuant to A.R.S. § 41-844, County shall report to the
Bureau of Land Management, the Department and the Arizona State Museum any archaeological
or paleontological site or object that is discovered on lands covered by this Agreement and shall
immediately cease all land-disturbing activities.
J.
Compliance with Applicable Laws. County agrees to comply with all applicable
laws, rules, regulations, and ordinances of every governmental body or agency relating to the use
and management of the Trail.
K. Indemnification. County agrees to indemnify the United States of America and
the State of Arizona, its departments, agencies, officers and employees from and against any and
all claims or losses arising out of bodily injury of any person (including death) or property damage
caused by the act, omission, negligence, misconduct, or other fault of its officers, officials, agents,
employees, volunteers, or their invitees or guests, in connection with public use of the Trail.
L. Recitals. The Recitals herein, by this reference, are hereby incorporated into this
Agreement.
5.
Commission Reservations.
A.
Trail Redesign. The Commission retains the right to redesign, rebuild or realign
the Trail at any time that the Department determines such actions are in the best interests of the
management of BASF.
B.
Fencing. The Commission may erect fences or take other actions for the protection
of patrons of BASF and of wildlife in a manner which will not interfere unreasonably with public
use of the Trail.
6.
Termination by BLM of Patent to the Commission. It is understood and agreed that if
the Commission's interest or right to any portion of BASF where the Trail is situated is terminated
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by the United States Bureau of Land Management prior to the expiration of this Agreement, then
this Agreement is subject to termination along with any and all of the Commission's obligations
hereunder.
7.
Termination. Either party may terminate this Agreement upon thirty (30) days written
notice to the other party. If this Agreement is terminated, County shall, at its sole cost and expense,
remove its Trail markers, remove the portion of the Trail route from the County’s printed and
website materials, and at the Department’s sole discretion, either remove the fencing and “cowboy
gates”, or abandon them in place.
8.
Conflict of Interest. This Agreement is subject to termination pursuant to A.R.S. § 38-
511.
9.
Notices. Any notices given pursuant to this Agreement shall be in writing and shall be
delivered in person or forwarded by registered or certified mail, return receipt requested, addressed
as follows or to such other address as either party may from time to time furnish in writing to the
other party by notice hereunder. Any notice so mailed shall be deemed to have been given as of
the date such notice is received.
(a)
For the Commission:
Arizona Game and Fish Department
Land and Water Program Supervisor
5000 West Carefree Highway
Phoenix, Arizona 85086
(b) For County:
Maricopa County Parks and Recreation Department
Maricopa Trail Manager
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
With a copy to:
Maricopa County Real Estate Department
Director
2801 W. Durango Street
Phoenix, AZ 85009
10.
Amendments. Amendments to this Agreement may be made by written amendment or
modification, signed and dated by both parties, prior to any changes taking effect. Neither party shall
be obligated to fund any modification which has not been approved in advance.
11.
No Assignment. This Agreement is between the Commission, Department, and County
and is not assignable.
12.
Invalidity of a Term. The parties agree that in the event any term, covenant or condition
of this Agreement is held invalid or void by a court of competent jurisdiction, the invalidity of any
such term, covenant or condition shall not affect any other term, covenant or condition of this
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Agreement.
13.
Clause Numbers and Headings. Clause numbers and headings are not to be construed as
part of this Agreement.
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Authorization. In Witness Whereof, each party warrants that he/she has the capacity and
authority to execute this Agreement.
APPROVED: State of Arizona
Arizona Game and Fish Commission
By: _______________________________
Ty E. Gray, Director
and Secretary to the Commission
Date: _______________________________
APPROVED: Maricopa County
By:
Clint Hickman, Chairman Date
Maricopa County Board of Supervisors
ATTEST:
Clerk of the Board
Date
APPROVED AS TO FORM:
Deputy County Attorney
Date
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EXHIBIT A
Attached to AZ Game and Fish Department Agreement Number: HAB-20-0807-JDR
A twenty (20) foot wide parcel of land located in the Northwest Quarter of Section 33, Township
6 North, Range 2 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona.
Said parcel is ten (10) feet on each side of a centerline described as follows:
Starting from a POINT OF BEGINNING located at a General Land Office (GLO) brass cap
located at the Quarter Corner between Sections 28 and 33, Township 6 North Range 2 East;
THENCE North 89° 46' 03" West a distance of 10.00 feet;
THENCE South 00° 00' 00" West a distance of 30.00 feet;
THENCE North 86° 33' 04" West a distance of 45.81 feet;
THENCE North 79° 31' 13" West a distance of 83.55 feet;
THENCE South 85° 43' 52"West a distance of 169.50 feet;
THENCE North 80° 44' 45" West a distance of 95.29 feet;
THENCE South 84° 37' 40" West a distance of 156.33 feet;
THENCE South 75° 38' 35" West a distance of 92.41 feet;
THENCE South 88° 11' 07" West a distance of 130.09 feet;
THENCE South 76° 36' 53" West a distance of 80.73 feet;
THENCE North 87° 46' 29" West a distance of 296.13 feet;
THENCE South 75° 12' 27" West a distance of 99.84 feet;
THENCE North 71 ° 49' 23" West a distance of 111.64 feet;
THENCE North 89° 05'39" West a distance of 1,255.97 feet;
THENCE North 57° 08' 41.81" West a distance of 37.46 feet to a GLO brass cap located at the
Northwest corner of said section 33, and the POINT OF ENDING.
Thence South 89º 46’ 29” East a distance of 2640.59 feet to the POINT OF BEGINNING.
The above described parcel to be extended or shortened at the beginning and ending to match the
West Section line of said Section 33 and the Mid-Section line of said Section 33.
Said parcel contains 52,810.20 square feet or 1.212 acres more or less, and is depicted on the
attached Exhibit A, Page 2 of 2 and Exhibit B Detail Pages 1 and 2.
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EXHIBIT A
Attached to AZ Game and Fish Department Agreement Number: HAB-20-0807-JDR
Maricopa Trail
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Exhibit B
Attached to AZ Game and Fish Department Agreement Number: HAB-20-0807-JDR
Maricopa Trail
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Exhibit B Detail
Attached to AZ Game and Fish Department Agreement Number: HAB-20-0807-JDR
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Exhibit B
Attached to AZ Game and Fish Department Agreement Number: HAB-20-0807-JDR