FMD YARD USE LICENSE (SIGNED).PDF

LICENSE

This License is entered into by and between the following Parties.

LICENSOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
(ISTRICT), a political subdivision of the State of Arizona

LICENSEE: MARICOPA COUNTY (COUNTY), a political subdivision of the State
of Arizona

RECITALS

WHEREAS, COUNTY requires a designated area for use by its Facilities Management
Department for a recycling program administered by its Environmental Division (“Use”), and

WHEREAS, COUNTY has selected a portion of DISTRICT property located at 2801 W. Durango
Street, Phoenix, AZ 85009, Assessor Parcel Number 105-17-007, described on Exhibit “A”,
attached hereto and incorporated herein (“License Area”) for the Use, and

WHEREAS, COUNTY Use shall be restricted to the License Area, and COUNTY will use its own
equipment, and

WHEREAS, DISTRICT has determined that the Use is a benefit to COUNTY and DISTRICT,
and

WHEREAS, DISTRICT participates in and benefits from the recycling program of the COUNTY,
and

WHEREAS, the DISTRICT and COUNTY entered into a previous License for this Use of the
License Area, and

WHEREAS, the DISTRICT, by offering the License Area pursuant to the terms and conditions in
this License, helps to ensure the continued success of the recycling program.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, this License if being granted as follows:

1. RECITALS
The Recitals, by this reference, are incorporated herein and made a part of this License.

2. The DISTRICT gives to the COUNTY a license to occupy, but not possess, the License
Area, subject to the terms and conditions contained in the License.

3. COUNTY RESPONSIBILITIES

3.1. COUNTY, shall keep the License Area in a clean, safe and usable conditions at all
times.

3.2. COUNTY, shall provide all equipment (including, but not limited to, computers and
cell phones) and supplies necessary for the Use.

3.3. COUNTY’s Use of the License Area shall be at no cost or expense to DISTRICT.

3.4.,COUNTY, shall reimburse DISTRICT by January 30, 2022 and on a yearly basis
thereafter, two hundred dollars ($200.00) for electric utility service DISTRICT
provides to the Licensed Area.

4. ACCESS

The DISTRICT shall provide to COUNTY access to the Leased Area during normal
business hours only and shall provide sufficient parking for COUNTY’s agents and staff.

5. TERMINATION
Either Party may terminate this License at any time by providing the other Party with thirty
(30) days written notice. Upon termination, COUNTY, shall return the License Area to a
condition as similar as possible to the condition of the License Area prior to the
COUNTY’s use of this License.

6. RISK

COUNTY assumes any and all risk that may arise from the Use of the License Area.

10. PERSONAL PROPERTY

11.

12.

It is expressly understood and agreed that COUNTY retains title to all personal property
COUNTY brings onto the License Area.

NOTICES

All notices which shall or may be given pursuant to this License shall be in writing and
transmitted by certified mail, return receipt requested, via intercounty mail, by commercial
delivery service or hand delivered, addressed as follows and shall be effective when
received:

DISTRICT: Flood Control District of Maricopa County
Attn. Director
2801 W. Durango Street
Phoenix, AZ 85009

COUNTY: Maricopa County Facilities Management
c/o Maricopa County Real Estate Department
Attn: Director
2801 W. Durango Street
Phoenix, AZ 85009

WAIVER OF CONFLICT

The Parties to this License have chosen attorneys employed by the Civil Services Division
of the Maricopa County Attorney’s Office (“Civil Services Division”) to act as their
attorney for the purpose of reviewing this License. In so doing, by their signature below
each Party acknowledges that it is aware that the Civil Services Division will represent
both Parties to this License, and each Party expressly waives any conflict created hereby.

RECOMMENDED FOR APPROVAL:

SIGNED IN COUNTERPART
Michael A. Fulton, Director Date
IN WITNESS WHEREOPF, this License is made and entered into as of 2021
FLOOD CONTROL DISTRICT MARICOPA COUNTY
OF MARICOPA COUNTY
SIGNED IN COUNTERPART SIGNED IN COUNTERPART

Chaitman of the Board of Directors Date

Chairman, Board of Supérvisors Date

ATTEST: ATTEST:

SIGNED IN COUNTERPART SIGNED IN COUNTERPART
Clerk of the Board Date Clerk of the Board of Supervisors Date
APPROVED AS TO FORM: APPROVED AS TO FORM:

a

District General Counsel Date: 10/1/2021

RECOMMENDED FOR APPROVAL:

Mavein bee [2024

MicHael A. Fulton, Director Date

IN WITNESS WHEREOF, this License is made and entered into as of 2021

FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY

MARICOPA COUNTY

Clerk of the Board of Directors Date Chairman, Board of Supervisors Date
ATTEST: ATTEST:
Clerk of the Board Date Clerk of the Board of Supervisors Date
APPROVED AS TO FORM: APPROVED AS TO FORM:

SIGNED IN COUNTERPART SIGNED IN COUNTERPART
Flood Control District General Counsel Date Betsy Pregulman, Esq. Date

Deputy County Attorney

EXHIBIT “A”
Premises

— wiburangset

Owner: FLOOD CONTROL DIS
Floor: 1

Subject Premises
45’ X 35”