D1. POINTE_TAPATIO_LICENSE_INT_SIG_12-5-22 (1).PDF
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THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
LAND USE LICENSE
License No.: FCD-2022-03
FCD Parcel No.: TB1-01, TB1-02, TB1-03
APN: 159-28-003N, 003L, 003R
FCD Permit No.: 2021P266
FCD Project: 10th Street Drain and Basins
FCD Project No.: 580.01.80
This non-exclusive License (“License”) is entered into by and between the Flood Control
District of Maricopa County, a political subdivision of the State of Arizona (“District” or
“Licensor”), and The Pointe at Tapatio Cliffs Condominium Association, an Arizona non-profit
corporation, (“Licensee”) shall become effective on the date it becomes fully executed (“Effective
Date”). “District” and “Licensee” may collectively be referred to herein as the “Parties”, or
individually as a “Party”.
RECITALS
WHEREAS, District owns that certain real property described in Exhibit “A” and depicted in
Exhibit “B”, attached hereto and made a part hereof (“Property”); and
WHEREAS, it is understood by the Parties that the District manages the Property as part of,
and/or in conjunction with, the operation and maintenance of the 10th Street Drain and Basins for
flood control purposes; and
WHEREAS, Licensee desires to use the Property, together with the right of access over, along,
and through that portion of the District’s property known as 10th Street Drain and Basins described in
Exhibit “C” and depicted on Exhibit “D”, attached hereto and made a part hereof (“Access Area”)
collectively referred to as (“License Area”) and;
WHEREAS, the Parties desire to enter into this License to set forth the terms and conditions
under which the Licensee may operate, repair, maintain and use the Premises for the Permitted Use.
WHEREAS, it is understood and agreed this License conveys no real estate property right
whatsoever to the License Area.
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, the Parties hereto agree as follows:
1. RECITALS. The Recitals by this reference are hereby incorporated into this License.
FCD 1999R016
FCD Project: 10th Street Drain and Basins
FCD Parcel No.: TB1-01, TB1-02, TB1-03
Page 2 of 12
Burdened Property APN: 159-28-003N, 003L, 003R.
FCD Permit No.: 580.01.80
2. PERMITTED USE.
2.1. This License authorizes Licensee to use the License Area solely for the purpose of operating,
repairing, and maintaining Licensee’s recreation area (“Permitted Use”), in accordance with
District Permit No. 2021P266, provided that Licensee uses the License Area in a manner that
does not in any way interfere with the District’s ability to utilize the License Area for flood
control purposes.
2.1.1. Maintenance of License Area. In consideration for this License, Licensee shall, at no
expense to the District, be responsible for all maintenance of the License Area and shall
maintain the License Area in a state of good repair and in a safe condition.
2.2. After the initial installation of Licensee’s Facility in accordance with District Permit No.
2021P266, any subsequent modifications to the Licensee’s Facility or the License Area by
Licensee will require Licensee to obtain a new permit from Licensor.
3. TERMINATION. This license shall continue until terminated by one or both parties. Either
Party may terminate this License at any time by providing the other Party with thirty (30) days
written notice.
3.1. Return of Premises. Upon termination of this License as provided herein, the Licensee shall,
at its sole cost and expense, return the License Area to the District in a clean and safe condition
similar to the condition of the License Area as of the Effective Date, normal wear and tear
excepted. Any and all equipment, improvements, and personal property (“Facility”) and
trash/debris on the License Area must be removed from the License Area and disposed of by
Licensees, at its sole cost and expense, in an appropriate manner prior to the termination of
this License. Any such items not removed within the specified timeframe shall be deemed to
be abandoned by Licensee. If, in the District’s sole discretion, the Licensee does not return
the License Area to the District in a satisfactory condition, Licensee shall pay all costs incurred
by the District to remove and dispose of such property, in any manner the District may deem
desirable, within thirty (30) calendar days of receipt of invoice from the District.
4. MOTOR VEHICLE USE. Licensee shall not access the License Area with a motor vehicle
except when necessary to effectuate maintenance or inspection of Licensees Facility. When
operating a motor vehicle within the License Area, Licensee must at all times:
4.1. Enter onto and exit from the Property via the Access Area.
4.2. Maintain a speed not to exceed fifteen (15) miles per hour.
FCD Project: 10th Street Drain and Basins
FCD Parcel No.: TB1-01, TB1-02, TB1-03
Page 3 of 12
Burdened Property APN: 159-28-003N, 003L, 003R.
FCD Permit No.: 580.01.80
4.3. Ensure safe and reasonable passage through and around Licensee's vehicles and other repair
equipment.
5. DAMAGES. Licensee shall be liable for any and all damages to License Area to the person and
property of any officer, director, member manager, agent, officer, employee, invitee or visitor of
District or Licensee, and to the person or property of any third-party who enter onto the License
Area caused by or in any way related to any act or omission of Licensee in the exercise of the
rights granted to Licensee pursuant to the terms of this License. The terms, covenants, and
agreements contained within this paragraph shall survive the termination of this License.
5.1. Except when the result of the negligent or willful act or omission of Licensor, or its officers,
agents, and employees, Licensor shall not be liable for any loss sustained by Licensee on the
License Area because of water damage resulting from any source whatsoever, including, but
not limited to, flood, drainage or run-off, irrespective of any prior knowledge by Licensor of
the possibility of such flood, drainage or run-off, arising from or in connection with the
operation or maintenance of any Licensor Facility.
6. To the fullest extent permitted by law, and except for the willful misconduct of Licensor, Licensee,
its employees, agents, invitees and contractors shall defend, hold harmless and indemnify
Licensor, its successors and assigns, and all of its officers, employees, agents, and volunteers, from
and against any and all damages, claims, losses, liabilities, actions or expenses (including, but not
limited to attorneys’ fees, expert witness fees, court costs, and attorneys’ fees and costs of appellate
proceedings) (collectively “claims”) relating to, arising out of or alleged to have resulted from this
License. The Licensee’s duty to defend, hold harmless and indemnify Licensor pursuant to this
section shall arise in connection with any claim, damage, loss or expense that is attributable or
alleged to be attributable to bodily injury, sickness, disease, including death, or to injury to,
impairment, or destruction of property, including but not limited to Licensee’s Facility and
personal property belonging to Licensee’s employees, agents, invitees and contractors arising from
or related to this License, including claims resulting in whole or in part from the acts, errors,
mistakes, omissions, work or services of the Licensee or anyone for whose acts the licensee may
be legally liable. The Licensee shall pay for primary loss investigation and defense and judgment
costs where this indemnification applies. Licensee’s obligations under this section shall survive
the expiration or earlier termination of this License and the amount and type of insurance coverage
requirements set forth herein shall in no way be construed as limiting the scope of the indemnity
in this paragraph.
7. INSURANCE. Licensee shall provide and maintain, with forms and insurers acceptable to
Licensor (a company or companies duly licensed by the State of Arizona or authorized to do
business in the State of Arizona, and possessing a current A.M. Best, Inc. Rating of A6 or higher),
FCD Project: 10th Street Drain and Basins
FCD Parcel No.: TB1-01, TB1-02, TB1-03
Page 4 of 12
Burdened Property APN: 159-28-003N, 003L, 003R.
FCD Permit No.: 580.01.80
and maintain in full force and effect until the expiration or termination of this License, the
minimum insurance types and coverages, as follows:
7.1. Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance,
with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed
Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include
coverage for premises liability, bodily injury, broad form property damage, fire legal liability,
personal injury, products and completed operations and blanket contractual coverage, and
shall not contain any provision which would serve to limit third party action over claims.
8. NOTICE. All notices herein required to be given in writing and shall be delivered in person (by
hand or by courier), first class or express mail, or sent by certified mail to the Parties at the
following addresses:
Licensor
Licensee
Flood Control District of Maricopa County
The Pointe at Tapatio Cliffs
Attn: Real Estate Department
Condominium Association
2801 W. Durango Street
17235 N. 75th Ave. Suite H-100
Phoenix, AZ 85009
Glendale, AZ 85308
Notice shall be deemed sufficiently given if served in a manner specified in this Section. Either
Party may, by written notice to the others, specify a different address for notice.
Any notice sent by certified mail, return receipt requested, shall be deemed given on the date of
delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. If sent
by first class mail, the notice shall be deemed given 72 hours after the same is addressed as required
herein and mailed with postage prepaid. Notices delivered by express mail or overnight courier
that guarantee next day delivery shall be deemed given 24 hours after delivery of the same to the
Postal Service or courier.
9. CANCELLATION. This License is subject to cancellation pursuant to Arizona Revised Statutes
(A.R.S.) § 38-511.
10. GENERAL PROVISIONS.
10.1.
Authority to Execute. Prior to or simultaneously with execution of this License
Licensee shall present proof satisfactory to the District that the person executing this License
has the legal authority to bind the Licensee.
FCD Project: 10th Street Drain and Basins
FCD Parcel No.: TB1-01, TB1-02, TB1-03
Page 5 of 12
Burdened Property APN: 159-28-003N, 003L, 003R.
FCD Permit No.: 580.01.80
10.2.
Delegation of Authority. Since this License will require administrative action from
time to time to carry out the intent of the License, either the District Director and the Real
Estate Director for Maricopa County each, is hereby given the authority and charged with the
responsibility for proper administration of this License.
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
FCD Project: 10th Street Drain and Basins
FCD Parcel No.: TB1-01, TB1-02, TB1-03
Burdened Property APN: 159-28-003N, 003L, 003R.
FCD Permit No.: 580.01.80
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
RECOMMENDED FOR APPROVAL:
Michael A. Fulton
Date
Director
REAL ESTATE DEPARTMENT APPROVAL:
Alex Smith
Date
Director of Real Estate
Real Estate Department
APPROVED AS TO FORM and within the powers and authority granted under the laws of the State
of Arizona.
District General Counsel
Date
3DJH6 of 1
FCD Project: 10th Street Drain and Basins
FCD Parcel No.: TB1-01, TB1-02, TB1-03
Page 7 of 12
Burdened Property APN: 159-28-003N, 003L, 003R.
FCD Permit No.: 580.01.80
APPROVED:
BOARD OF DIRECTORS OF FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Chairman of the Board
Date
ATTEST:
Clerk of the Board
Date
STATE OF ARIZONA
)
)ss
COUNTY OF MARICOPA )
Before me,
, Notary Public in and for said County, State of
Arizona, on this day personally appeared
, known to me to
be the person whose name is subscribed to the forgoing instrument as Chairman of the Board of the
Political Subdivision in the foregoing instrument.
Given under my hand and seal of the office this
day of
, 202 .
______________________________
Notary Public (signature)
FCD Project: 10th Street Drain and Basins
FCD Parcel No.: TB1-01, TB1-02, TB1-03
Page 8 of 12
Burdened Property APN: 159-28-003N, 003L, 003R.
FCD Permit No.: 580.01.80
GRANTEE ACCEPTANCE:
THE POINTE AT TAPATIO CLIFFS CONDOMINIUM ASSOCIATION, an Arizona non-
profit corporation
Charles (Bill) McFarlane, Board President
STATE OF ARIZONA
)
)ss
COUNTY OF MARICOPA
)
The foregoing instrument was acknowledged before me this _______ day of ____________, 2022,
by Charles (Bill) McFarlane, Board President, on behalf of The Pointe at Tapatio Cliffs
Condominium Association, an Arizona non-profit corporation, and/or its successors and assigns
My Commission Expires_______________ ______________________________
Notary Public (signature)
6th
December
03/28/2025
FCD Project: 10th Street Drain and Basins
FCD Parcel No.: TB1-01, TB1-02, TB1-03
Page 9 of 12
Burdened Property APN: 159-28-003N, 003L, 003R.
FCD Permit No.: 580.01.80
FCD Project: 10th Street Drain and Basins
FCD Parcel No.: TB1-01, TB1-02, TB1-03
Page 10 of 12
Burdened Property APN: 159-28-003N, 003L, 003R.
FCD Permit No.: 580.01.80
FCD Project: 10th Street Drain and Basins
FCD Parcel No.: TB1-01, TB1-02, TB1-03
Page 11 of 12
Burdened Property APN: 159-28-003N, 003L, 003R.
FCD Permit No.: 580.01.80
FCD Project: 10th Street Drain and Basins
FCD Parcel No.: TB1-01, TB1-02, TB1-03
Page 12 of 12
Burdened Property APN: 159-28-003N, 003L, 003R.
FCD Permit No.: 580.01.80