2014-003 CONSENT -SIGNATURES REQUESTED.PDF
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Rev. 20200303
CAWCD NO. 2014-003
1
CAWCD # 2014-003
MC # P-50392
CENTRAL ARIZONA WATER CONSERVATION DISTRICT
CENTRAL ARIZONA PROJECT
CONSENT
FOR USE OF RECLAMATION RIGHT OF WAY
MARICOPA COUNTY
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 installing a VHF transceiver that would extend Maricopa County’s Sheriff’s Office
VHF Search and Rescue network to support law enforcement and rescue operations in the
Harquahala Mountain area. 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 identified as the right-of-way area and
described in Exhibit A attached hereto.
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 the 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.
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.
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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 the U.S. 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 worker like manner, 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.
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 lands, waters or facilities owned by
Reclamation or CAWCD, or which Reclamation or CAWCD has an interest.
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15. To the extent not inconsistent with applicable law, including ARS Section 12-820, any
claim, controversy or dispute arising out of this Consent will be settled by arbitration in
accordance with the applicable rules of the American Arbitration Association, 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, 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
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 Real Estate Department
2801 W. Durango Street
Phoenix, Arizona 85009
Attention: Director
20. This Consent shall be interpreted, construed and governed by the laws of the State of
Arizona.
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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: Jack Sellers, Chairman of the Board of Supervisors
ATTEST:
__________________________________________________
Clerk of the Board
APPROVED AS TO FORM:
_____________________________________________________
Deputy County Attorney
Central Arizona Water Conservation District,
“CAWCD”
By: _____________________________________
Thomas L. Fitzgerald
Its: Supervisor, Lands and Survey
Maricopa County Site Proposal 2021
Page 1
Conditional Site Proposal
Narrative Report
Maricopa County Wireless Communications Purpose and Need of the CAP Harquahala Facility
Purpose of Request:
Maricopa County is requesting permission to install a VHF transceiver and antenna at Harquahala
Mountain, and for CAP to provide an ethernet backhaul from Harquahala Mountain to Burnt Mountain.
A.
The transceiver would allow Maricopa County to extend the Maricopa County Sheriff’s Office
VHF Search and Rescue network to support law enforcement and rescue operations in the
Harquahala Mountain area.
Maricopa County will provide an intermod study including all existing and proposed frequencies at
Harquahala.
Description of Proposal:
At Harquahala Mountain the equipment would consist of:
1.
One 19” rack of LMR equipment (GTR8000, filters, and associated equipment)
2.
Space on the East side of the tower for one low gain VHF omni antenna, or directional antenna.
3.
Entry for one 7/8” feedline.
4.
-48VDC power (total power budget to be approved by CAP)
EXHIBIT A
CAWCD #2014-003
PAGE 1 OF 2
Maricopa County Site Proposal 2021
Page 2
A view of proposed equipment location within the shelter:
Existing site tower:
EXHIBIT A
CAWCD #2014-003
PAGE 2 OF 2