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THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
INGRESS AND EGRESS LICENSE
License No.: FCD-2023-01
FCD Parcel No.: CC-03
APN: 501-63-005F
FCD Project: Colter Channel
FCD Project No.: 470.01.12
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 Martin Marietta Arizona, LLC, its successors and assigns, (“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 property described in document number 94-764022,
Maricopa County Recorder's Office (“Burdened Property”); and
WHEREAS, it is understood by the Parties that the District manages the Burdened Property
as part of, and/or in conjunction with, the operation and maintenance of the Colter Channel (“Licensor
Facility”) for flood control purposes; and
WHEREAS, previously the parties entered into an exclusive ingress and egress easement and
agreement which has expired; and
WHEREAS, both parties mutually agree to enter into this License for the Licensee’s continued
use of a portion of the Burdened Property described and depicted in Exhibit “A” (“License Area”) for
ingress and egress: and
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.
2. PERMITTED USE.
2.1. This License authorizes Licensee to use the License Area solely for the purpose of ingress,
egress, and access over, upon and across the License Area to enter upon and use a gated access
road over the License Area in accordance with Flood Control District Right of Way Use
Permit No. 2022P114. The purpose of this Ingress and Egress License is to provide access to
Licensee property on the south side of Colter Channel (“Permitted Use”), provided that
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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.
2.2. Maintenance of License Area. 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.
2.3. Any modification whatsoever to the License Area will require Licensee to apply for a new
Flood Control District right of way use permit from Licensor. Licensor will process any such
application in accordance with the District’s right of way use permit approval process.
2.4. The gates securing the License Area will be closed and locked at all times when not in use by
Licensee. The Licensor will be provided with uninterrupted access to all maintenance roads
along both sides of the channel, by Licensee double-locking access gates if necessary.
2.5. All vehicles utilizing the License Area shall be properly licensed by the State of Arizona.
2.6. The License Area is for vehicular traffic only.
3. LICENSE FEE. As compensation for this License and upon the full execution of this License by
both PARTIES, LICENSEE shall immediately pay the DISTRICT a fee of four-thousand dollars
($4,000.00) as consideration for entering into this License ("License Fee").
4. TERMINATION. Either Party may terminate this License at any time by providing the other
Party with thirty (30) days written notice.
4.1. 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. 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.
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
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the possibility of such flood, drainage or run-off, arising from or in connection with the
operation or maintenance of Licensor Facility.
6. INDEMNIFICATION. 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),
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
Martin Marietta Arizona, LLC
Attn: Real Estate Department
1627 Cole Blvd, Ste 200
2801 W. Durango Street
Lakewood, CO 80401
Phoenix, AZ 85009
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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.
10.2.
Delegation of Authority. Since this License will require administrative action from time
to time to carry out the intent of the License, 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
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RECOMMENDED FOR APPROVAL:
MARICOPA COUNTY REAL ESTATE DEPARTMENT
Alex Smith
Date
Director
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Scott Vogel
Date
Chief Engineer and General Manager
APPROVED AS TO FORM and within the powers and authority granted under the laws of the State
of Arizona.
Wayne Peck
Date
District General Counsel
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APPROVED:
GRANTOR: FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
Chairman of the Board
Date
Printed Name:
ATTEST
Clerk of the Board
Date
Printed Name:
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
Directors for the Flood Control District of Maricopa County.
Given under my hand and seal of the office this
day of
, 202 .
Notary Public (signature)
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GRANTEE ACCEPTANCE:
Martin Marietta Arizona, LLC, its successors and assigns
Abbott Lawrence
Its: President of Martin Marietta Materials Inc., West Division
STATE OF ARIZONA
)
)ss
COUNTY OF MARICOPA
)
The foregoing instrument was acknowledged before me this 20th day of November 2023, by Abbott
Lawrence on behalf of Martin Marietta Arizona, LLC, its successors and assigns.
Notary Public (signature)
Notary Stamp Seal
The notary public certifies that appropriate authorization has been issued by the Arizona Secretary of
State to allow electronic notarizations or remote online notarization pursuant to A.R.S. § 41-276. This
remote notarial act involved the use of communication technology.
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