P-50344 LAND USE LICENSE CAWCD FINAL 6-4-20 CLEAN FOR SIGNATURE.PDF
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When Recorded Return To:
Central Arizona Water Conservation District
Attention: Land Administrator
PO Box 43020
Phoenix, AZ 85080-3020
Maricopa County #C-50-20-____-3-00
P-50344
CAWCD # 2020 -
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 bucket, 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,
2020 (“Commencement Date”) and expiring on June 30, 2025 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.
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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. The Licensee is self–insured and hereby agrees to
provide and maintain, during the term of this License and any extension thereof, 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) 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.
7.
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.
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
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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 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.
11.
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.
12.
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.
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
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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
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
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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.
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.
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In witness whereof, the Parties hereto have caused this Agreement to be duly executed.
LICENSEE:
MARICOPA COUNTY
___________________________________
Clint Hickman
Date
Chairman, Board of Supervisors
Attest:
___________________________________
Clerk of the Board
Approved as to form
___________________________________
Deputy County Attorney
Date
Maricopa County Sheriff
__________________________________
Paul Penzone
Date
CENTRAL ARIZONA WATER
CONSERVATION DISTRICT
Approved as to form:
By:___________________________
By:________________________________
Jay Johnson
Tom Fitzgerald
General Counsel
Supervisor, Land and Survey
Central Arizona Water
Central Arizona Water
Conservation District
Conservation District
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EXHIBIT A
Central Arizona Water Conservation District # 2020-____
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
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EXHIBIT B
Central Arizona Water Conservation District # 2020-____
DEPICTION OF LAND USE LICENSE AREA, MARICOPA COUNTY, ARIZONA
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EXHIBIT B continued
Central Arizona Water Conservation District # 2020-____
DEPICTION OF LAND USE LICENSE AREA, MARICOPA COUNTY, ARIZONA
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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. The Licensee will provide 24 hour notice to CAWCD's Protective Services prior to
conducting training exercises.
4. The County's parking of vehicles and helicopters shall be on pavement areas of the
Hangar facility.
5. 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.
6. 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.
7. 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.
8. The Licensee agrees to limit vehicle speed to CAWCD's posted requirements when using
CAWCD's private roads.
9. 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.
10. 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.
11. 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 of 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.