2014-005 CAWCD CONSENT DOCUMENT FINAL 3-12-20.DOCX

Rev. 20200303
1
CAWCD NO. 2014-005 
County # P-50350
CAWCD # 2014-005
      County # P-50350
CENTRAL ARIZONA WATER CONSERVATION DISTRICT 
CENTRAL ARIZONA PROJECT
CONSENT
FOR USE OF RECLAMATION RIGHT OF WAY
MARICOPA COUNTY 
C-78-20-005-3-01
The CENTRAL ARIZONA WATER CONSERVATION DISTRICT ("CAWCD"), is a multi-
county water conservation district and political subdivision of the state of Arizona organized 
pursuant to A.R.S. §48-3701 et seq. for the purposes, among others, of contracting with the 
United States, Bureau of Reclamation ("Reclamation") for the delivery of Central Arizona 
Project ("CAP") water, repayment of CAP costs and operation and maintenance of the CAP 
aqueduct and appurtenant Reclamation lands.
Maricopa County, a political subdivision of the state of Arizona, is seeking consent from 
CAWCD to use a portion of land that is subject to an existing right-of-way granted to 
Reclamation for CAP purposes. Maricopa County will use the right-of-way area for the 
purpose of constructing a new public safety communications facility co-located with an 
existing communication site held by Reclamation. CAWCD hereby consents to the proposed 
use of the right-of-way area subject to and conditioned upon the following terms:
1. CAWCD has reviewed and approved the plans for the project attached hereto and made 
a part hereof as Exhibit A, and the identified right-of-way area (aka “License Area”), which 
is described and depicted on Exhibit A, Page 7 of 24.
2. Maricopa County, at its expense, will obtain the needed authorization to install the 
proposed facilities from the underlying fee owner of the property. Maricopa County will be 
solely responsible to resolve any issues or disputes with interested persons, including 
neighborhood associations, concerning location, zoning, compatibility with existing or 
planned uses of adjoining lands, aesthetics or any other issues or disputes relating to its 
use of the right-of-way area.
3. Maricopa County will provide as-built drawings of a quality meeting accepted industry 
standards within 90 days of completion of the project. If Maricopa County fails to 
provide the as-built drawings as agreed, Maricopa County may pay administrative fees 
for efforts to obtain as-built drawings associated with this project which are incurred by 
CAWCD, its agents, contractors, successors and assigns. An Acceptance Letter will be 
issued to Maricopa County once construction is completed and as-builts received.
4. Maricopa County agrees to contact CAWCD at (623) 869-2555 at least two weeks prior 
to beginning construction in the right-of-way area of the facility as described and approved 
in Exhibit A.

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CAWCD NO. 2014-005 
County # P-50350
5. Security of CAP's facilities must be maintained at all times. Maricopa County will be 
entitled to reasonable access, ingress, egress and passage over the right-of-way area.
6. There is reserved to Reclamation 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 Reclamation 
or CAWCD or their successors for such rights.
7. There is also reserved to CAWCD the right of its officers, agents, employees, licensees 
and permittees, at all times for ingress, egress and passage over the right-of-way area 
for the purpose of exercising, enforcing and protecting its rights and the rights of 
Reclamation reserved herein.
8. CAWCD reserves the right to inspect all operations of Maricopa County in the right-of- 
way area under the terms of this Consent.
9. Maricopa County will indemnify and hold harmless Reclamation, 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 Maricopa County’s activities under this Consent.
10. Maricopa County will assume responsibility and/or liability for any and all damage to the 
CAP structures and facilities, or any property under the control or custody of CAWCD, its 
agents and assigns, that may be caused by the installation, operation and maintenance 
of Maricopa County’s facilities or Maricopa County’s uses under this Consent.
11. CAWCD reserves the right to stop any work in the right-of-way area if, after inspection, 
CAWCD determines:
a. That unsafe conditions exist which may jeopardize the safety of CAWCD 
employees or the public, or
b. That proceeding with the work is likely to physically damage structures or property 
controlled by CAWCD.
12. Maricopa County shall use the right-of-way area for the purposes stated herein and 
agrees that it shall maintain its facilities in a good and safe condition in accordance with 
industry accepted standards, and shall ensure compliance with all local, state and federal 
laws and regulations, and all directives of CAWCD affecting such operations.
13. Except for emergencies and routine inspections, any future construction, maintenance or 
repair activities in the right-of-way area will require Maricopa County to notify CAWCD no 
less than 30 days in advance to obtain any additional authorizations and to coordinate the 
activities with CAWCD’s operations.

Rev. 20200303
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CAWCD NO. 2014-005 
County # P-50350
14. Maricopa County will comply with all existing or future applicable federal, state, and local 
laws and regulations, concerning any hazardous material that will be used, produced, 
transported, stored or disposed of on, in, over or near the right-of-way area and adjacent 
lands, waters or facilities owned by Reclamation or CAWCD, or which Reclamation or 
CAWCD has an interest.
15. Any claim, controversy or dispute arising out of this Consent will be settled by binding 
arbitration and judgment on the award may be entered in any court having jurisdiction. 
The arbitration shall be conducted in Phoenix, Arizona. There shall be no discovery other 
than the exchange of information that is provided to the arbitrator by the parties. The 
arbitrator shall have the authority only to award compensatory damages and shall not have 
authority to award punitive damages or other non-compensatory damages; the parties 
hereby waive all rights to and claims for monetary awards other than compensatory 
damages.
16. Notwithstanding Article 15 above, should any litigation be commenced between the 
parties concerning any provisions contained in this Consent, 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 and for 
its attorneys’ fees in such litigation as determined by the court.
17. If any term of this Consent is found to be void or invalid, such invalidity shall not affect the 
remaining terms of this Consent, which will continue in full force and effect.
18. This Consent shall constitute the entire agreement and understanding of the parties with 
respect to the right-of-way area. There are no representations or understanding of any 
kind not set forth herein. Any amendments to this Consent shall be in writing and executed 
by both parties.
19. All notices required or permitted to be given hereunder shall be in writing and may be 
given in person, 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 the parties 
may from time to time designate in writing.
If to CAWCD:
Central Arizona Water Conservation District 
PO Box 43020
Phoenix, Arizona 85080-3020 
Attention: Lands Department
If to Maricopa County:
Maricopa County
2801 W. Durango Street
Phoenix, AZ 85009
Attention: Real Estate Department
With a copy to:
Maricopa County
3324 West Gibson Lane

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CAWCD NO. 2014-005 
County # P-50350
Phoenix, Arizona 85009-6248
Attention: Office of Enterprise Technology
20.This Consent shall be interpreted, construed and governed by the laws of the State of 
Arizona.
21.This Consent is subject to the conflict of interest provisions of A.R.S. § 38-511 et. 
seq. which are incorporated herein by reference.
22.This Consent may be signed in any number of counterparts with the same effect as if 
the signatures thereto and hereto are upon the same instrument.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

Rev. 20200303
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CAWCD NO. 2014-005 
County # P-50350
Maricopa County agrees to the terms and conditions of this Consent on this
 
 day of 
, 20_ 
.
MARICOPA COUNTY, a political subdivision of the State of Arizona
By: Clint Hickman
Chairman of the Board of Supervisors
ATTEST:
Clerk of the Board
Date
APPROVED AS TO FORM:
Deputy County Attorney
Central Arizona Water Conservation District, 
“CAWCD”
By: 
_ 
Thomas L. Fitzgerald
Its: Supervisor, Lands and Survey
STATE OF ARIZONA
)
) ss
COUNTY OF MARICOPA
)
Before me,
, Notary Public in and for said County, State of Arizona, 
on this day personally appeared Clint Hickman, known to me to be the Chairman of the Board of 
the Supervisors of Maricopa County.
Given under my hand and seal of the office this 
day of 
, 2020.
      _________________________________
      
Notary Public (signature)
My Commission Expires: