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USA Fee License – CMU (10-02-2017 JAG)
SALT RIVER PROJECT
Department/PAB10W
P.O. Box 52025
Phoenix, Arizona 85072-2025
SALT RIVER PROJECT
LAND USE LICENSE
DO NOT REMOVE
THIS PAGE IS PART OF THE
ORIGINAL DOCUMENT
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SALT RIVER PROJECT
LAND USE LICENSE
Salt River Project License No.:
86862
Salt River Project File No.:
297.2296
Agent:
CLB
Effective Date:
June 1, 2022
1.
License Granted
WHEREAS, it is understood by the parties hereto that Licensor and the Salt River Valley
Water Users’ Association (Association) manage the Licensed Property pursuant to contracts with
the United States of America (USA), which assign to Licensor the responsibility and authority for
the care, operation, maintenance and management of the Salt River Reclamation Project
(“Reclamation Project”) of which the Licensed Property is a part, and;
WHEREAS, Licensor is willing to consent to Licensee's use of the Licensed Property in a
manner that does not in any way compromise the contractual obligation or authority of Licensor
to manage the Reclamation Project.
For valuable consideration acknowledged and received by Licensor, the SALT RIVER
PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural
improvement district organized and existing under the laws of the State of Arizona ("Licensor"),
grants CITY OF CHANDER, a political subdivision ("Licensee"), a revocable License granting the
nonpossessory and nonexclusive right and privilege to enter upon and use certain real property, the
Licensed Property, under the following terms and conditions. Nothing herein shall be construed as a
conveyance of a real property interest in the Licensed Property.
2.
Purpose
The Licensed Property is open to the general public for recreational use by federal
regulation and Licensee shall have non-exclusive use of the Licensed Property only for existing
installation, maintenance and use of a multi-use path, lighting, landscaping and hardscape, benches,
rest areas, and trash receptacles. Licensee shall not use the Licensed Property for any other purpose
without the prior written approval of Licensor. Licensee acknowledges that, but for this License, it
has no rights to use or occupy the Licensed Property, and represents that it makes no claim to such
rights.
3.
Licensed Property
The Licensed Property shall mean: that portion of the south bank of Lateral 9.5 located within
Sections 7, 8, 9, and 10 of Township 1 South, Range 5 East of the Gila and Salt River Base and
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Meridian, Maricopa County, Arizona, and further depicted in the following recorded instruments by
Maricopa County:
•
Section 7: Book 166 of Maps page 22, recorded on September 20, 1973
•
Section 8: Book 181 of Maps page 10, recorded on October 17, 1975
•
Section 9: Book 181 of Maps page 11, recorded on October 17, 1975
•
Section 10: Book 179 of Maps page 11, recorded on June 16, 1983
4.
Compensation
4.1 Licensee shall reimburse Licensor for all federal, state and local excise, sales, privilege,
gross receipts and other similar taxes lawfully imposed on and paid by Licensor as a result of any
License Fees received by Licensor under this License; provided, however, that this Section shall not
apply to income taxes. Licensee shall pay all property taxes, if any, levied on the Licensed Property.
4.2 All amounts paid by Licensee to Licensor as a result of damages, costs, expenses and
sums incurred by Licensor hereunder as a result of Licensee's default shall be deemed to be License
Fees.
4.3 Any payment due under this License that is not paid within 30 days of its due date shall
bear interest from the date such payment was due at the rate of eighteen percent (18%) per annum.
Licensor shall have all the rights and remedies provided herein and by law for Licensee's failure to
pay any of the compensation specified in this Section 4.
4.4 Within 30 days of Licensor’s delivery of an invoice therefore, Licensee shall pay any
incremental increase in Licensor's operation and maintenance costs on the Licensed Property resulting
from Licensee's exercise of its rights hereunder. Licensor shall incur no liability for any costs of
repairing or replacing Licensee's improvements within the Licensed Property damaged as a result of
Licensor's operation and maintenance of its facilities unless due to negligent or willful acts or
omissions of Licensor or its agents or employees.
4.5 In the event of non-payment by Licensee of any amount due hereunder, Licensor's
remedies shall include, though not be limited to, the collection of past due compensation and
termination of this License.
5.
Term
The term of this License shall be for Ten Years (10) Licensed Years (as defined below)
beginning June 1, 2022 and ending May 31, 2032. Unless earlier terminated pursuant to the terms
set forth herein and shall not exceed the term of Contract No. 13LR324038, Agreement Relating
to Use of United States Land for Public Recreational Activities, between the USA and Licensor,
of which this license is authorized. For purposes of this License, the term "License Year" shall
mean each twelve (12) month period during the term of this License commencing on June 1st and
ending at midnight on the next succeeding May 31st.
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6.
Default
If a party ("Defaulting Party") fails (i) to make payment required herein by its due date or
(ii) perform an obligation under this License within 30 days after written notice is given to the
Defaulting Party of its failure to perform such obligation on the date when such performance was
due (or, if such default cannot reasonably be cured within 30 days, then within such longer period
as is determined by the non-defaulting party to be necessary to cure such default, provided the
Defaulting Party commences to cure such default within the 30 day period), then, upon the
expiration of the applicable cure period, if any, the non-defaulting party may terminate this License
upon not less than 30 days prior written notice to the Defaulting Party.
7.
Rights of the United States of America
7.1
This License is subject to the paramount rights and regulatory jurisdiction of the USA
in and to the Licensed Property, federal reclamation law, and all agreements existing and to be made
between and among the USA, the Association, and Licensor regarding the management, care,
operation and maintenance of the Reclamation Project.
7.2
The USA reserves the right of its officers, agents, and employees at all times to have
unrestricted access and ingress to, passage over, and egress from all of said lands, to make
investigations of all kinds, dig test pits and drill test holes, to survey for and construct reclamation and
irrigation works and other structures incident to Federal Reclamation Projects, or for any purpose
whatsoever. The USA will make every reasonable effort to keep damages to a minimum.
8.
Successors and Assigns
The privileges granted to Licensee herein shall not inure to or benefit any person or entity
other than Licensee, either through assignment or sublicense. Any attempt by Licensee to so assign
or sublicense all or any portion of the Licensed Property for any purpose whatsoever shall void this
License.
9.
Termination of the License
9.1
Either party or the USA may terminate this License without cause upon not less than
thirty (30) days written notice.
9.2
The USA or Licensor may, at any time and at no cost or liability to the USA or
Licensor, terminate this License if the USA or Licensor determines that any of the following apply:
(i) The use has become incompatible with authorized project purposes, project
operations, safety, and security;
(ii) A higher public use is identified through a public process described at 43 CFR §
429.32(a)(1); or
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(iii) Termination is necessary for operational needs of the project.
9.3
The USA or Licensor may, at any time and at no cost or liability to the USA or
Licensor, terminate this License if the USA or Licensor determines that the Licensee has failed to use
the Licensed Property for its intended purpose. Further, failure to construct improvements pursuant
to Section 15 hereof within the timeframe specified in the terms of the License may constitute a
presumption of abandonment of the requested use and cause termination of the License.
9.4
Upon the expiration, termination, or revocation of this License, if all License Fees and
damage claims due the USA and Licensor have been paid, the Licensee shall remove all structures,
equipment, or other improvements made by it from the Licensed Property at no cost to the USA or
Licensor. Upon failure to remove any such improvements within thirty (30) days of the expiration,
termination, or revocation, any remaining improvements shall, at the option of the USA or Licensor,
be removed or become the property of the USA or Licensor. The Licensee shall pay all expenses of
the USA or Licensor, or their assigns, related to the removal of such improvements.
10.
Maintenance of Licensed Property & Interface with Licensor's Use of Licensed
Property
10.1
Licensee, at its own expense, shall maintain all of the Licensed Property in reasonably
good, sanitary and safe condition. Subject to the conditions set forth herein, Licensor reserves to itself
and Association, a right of access to the Licensed Property for the construction, use, operation,
maintenance, relocation and removal of any existing and future electric or water distribution or
transmission facilities. Any such construction, use, operation, maintenance, relocation or removal
shall be performed in a manner designed to avoid, to the extent feasible, disturbance to Licensee's
improvements and Licensee's use and enjoyment of the Licensed Property. Licensor shall give
Licensee at least ninety (90) days prior written notice of any such construction, use, operation,
maintenance, relocation or removal that will materially disrupt Licensee's use and enjoyment of the
Licensed Property or the Licensee's improvements; provided, however, that such notice may be given
in such shorter period as Licensor determines to be reasonable under prevailing circumstances, or
with no notice in the event of an emergency where no notice is feasible. Nothing in this License shall
be construed to deny or lessen the powers and privileges granted Licensor by the laws of the State of
Arizona. Licensor shall not be liable to Licensee for any damage to Licensee's improvements located
upon the Licensed Property, unless due to negligent or willful acts or omissions of Licensor or its
agents or employees.
10.2
If Licensee defaults in the performance of the obligations set forth in Section 10.1 and
Licensor gives notice of the default, Licensee shall correct such default to the reasonable satisfaction
of Licensor within the required period of time set forth in the notice of default (the "Correction
Period"), which period of time shall be reasonable under the circumstances. If Licensee fails to correct
the default within the Correction Period, Licensor may take any action reasonably determined by
Licensor to be necessary to correct such default, including without limitation making any repair or
modification to or removing any of Licensee's improvements. Licensee shall reimburse Licensor for
the reasonable costs it incurs to correct such default within thirty (30) days after Licensor presents
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Licensee with a statement of such costs. Licensee shall release Licensor and Association from all
damages resulting to Licensee from the correction of such default, including, without limitation, those
damages arising from all repairs or modifications to or removal of any of Licensee's improvements.
10.3
The USA, acting through Reclamation, Department of the Interior, reserves rights
to construct, operate, and maintain public works now or hereafter authorized by the Congress
without liability for termination of the License or other damage to Licensee’s activities or facilities.
10.4 In accordance with Section 10.1, Licensee, at its own expense, shall maintain all
existing and future vegetation and landscaping within the Licensed Property as described in
Exhibit “B” attached hereto and by reference made part thereof to ensure reasonably safe and
unrestricted access by those lawfully present thereon and so as to afford Licensor a canal bank
maintenance road no less than twenty (20) feet in width free of any such vegetation or landscaping
at all times.
10.5
In addition to any other obligation to communicate with each other, Licensor and
Licensee shall meet annually at the Licensed Property to recognize those Licensed Property
management efforts that have been successful, identify those management responsibilities that
need closer attention, and discuss opportunities to further improve the oversight and management
of the Licensed Property. This annual meeting is not intended to interfere with or replace frequent
and constructive dialogue between Licensor and Licensee throughout the term of the License as
need arises.
The annual meeting shall be held on the fifteenth day of October (or the next business day
of October should October 15th fall on a weekend or holiday) of each licensed year. Licensor will
be responsible for scheduling the meeting and inviting the relevant representatives to attend.
Licensor shall coordinate the scheduling of the annual meeting and the list of attendees with
Licensee’s Community Services Planning Manager.
11.
Nonexclusive Rights
This License is nonexclusive and nothing herein shall be construed to prevent or restrict
Licensor from granting other privileges to use the Licensed Property in a manner Licensor or the USA
deems not inconsistent with Licensee's use of the Licensed Property in accordance with this License.
12.
Existing Easements and Licenses
This License is subject to all existing encumbrances of record, including easements and
licenses. It shall be Licensee's obligation and responsibility to ascertain the rights of all third parties
in the Licensed Property. Licensor consents only to the use of the Licensed Property for the purposes
described herein in its capacity as manager of the Licensed Property and on behalf of the USA.
Nothing in this License shall be construed as Licensor’s representation, warranty, approval or consent
regarding rights in the Licensed Property held by other parties. Licensee shall indemnify and hold
Licensor, the USA and Association harmless from any liability arising out of any dispute or claim
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regarding actual or alleged interests in the Licensed Property, affecting Licensee's interests created
herein, and shall release Licensor, the USA and Association from any such claims on its own behalf.
13.
Indemnification
13.1
To the extent not prohibited by law or expressly excepted herein, Licensee, its
successors and assigns (“Indemnitors”), shall indemnify, release, and hold harmless Licensor and
Association (“Indemnitees”) and the directors, officers, employees, agents, successors and assigns
thereof, for, from and against any damage, loss or liability caused in whole or in part by Licensee,
regardless of whether caused in part by Indemnitees or any of them, and suffered by Indemnitees as
a result of any claim, demand, lawsuit or action of any kind, whether such damage or loss is to person
or property, arising out of, resulting from or caused by: (a) the acts or omissions of Licensee, its
agents, contractors, officers, directors, or employees; (b) Licensee’s use or occupancy of the Licensed
Property for the purposes contemplated by this License, including but not limited to claims by third
parties who are invited or permitted onto the Licensed Property, either expressly or impliedly, by
Licensee or by the nature of Licensee’s improvement or other use of the Licensed Property pursuant
to this License; (c) Licensee’s failure to comply with or fulfill its obligations established by this
License or by law. Such obligation to indemnify shall extend to and encompass all costs incurred by
Licensor in defending against such claims, demands, lawsuits or actions, including but not limited to
attorney, witness and expert witness fees, and any other litigation related expenses. Indemnitors’
obligation pursuant to this Section shall not extend to any damage, loss or liability as a result of any
claim, demand, lawsuit or action of any kind, whether such damage, loss or liability is to person or
property arising out of, resulting from or caused by the sole, exclusive acts or omissions of
Indemnitees, their contractors, directors, officers, employees, agents, successors or assigns for which
Licensor shall indemnify, release and hold harmless Indemnitors. Licensor’s obligation to indemnify
Indemnitors shall extend to and encompass all costs incurred by Indemnitors in defending against
such claims, demands, lawsuits or actions, including but not limited to attorney, witness and expert
witness fees, and any other litigation related expenses. The provisions of this Section shall survive
termination of this License.
13.2
The Licensee agrees to indemnify the USA for, and hold the USA and all of its
representatives harmless from all damages resulting from suits, actions, or claims of any character
brought on account of any injury to any person or property arising out of any act, omission, neglect,
or misconduct in the manner or method of performing any construction, care, operation, maintenance,
supervision, examination, inspection, or other activities of the Licensee.
14.
Insurance
Unless self-insured, without limiting any liabilities or any other obligations of Licensee,
Licensee shall provide and maintain, with forms and insurers acceptable to Licensor, and until all
obligations under the License are satisfied, the minimum insurance coverages, as follows:
14.1
If applicable, worker's compensation insurance to cover obligations imposed by
applicable federal and state statutes and employer's liability insurance with a minimum limit of One
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Million and No/100 Dollars ($1,000,000.00).
14.2
Commercial General liability insurance with a minimum combined single limit of
Two Million dollars ($2,000,000.00) each occurrence or current homeowner’s liability policy. The
policy shall include coverage for bodily injury liability, property damage liability, and for liability
assumed under this License.
14.3
If applicable, comprehensive automobile liability insurance with a combined single
limit for bodily injury and property damage of not less than Two Million and No/100 Dollars
($2,000,000.00) each occurrence with respect to Licensee's vehicle, whether owned, hired or non-
owned, assigned to or used in the performance of the work.
14.4
The policies required by Sections 14.2 and 14.3 hereof shall be endorsed to include
Licensor, members of its governing bodies, its officers, agents and employees as additional insureds
and shall stipulate that the insurance afforded for Licensor, members of its governing bodies, its
officers, agents and employees shall be primary insurance and that any insurance carried by Licensor,
members of its governing bodies, its officers, agents or employees shall be excess and not contributory
insurance.
14.5
Licensee shall waive their rights of recovery and require its insurers providing the
required coverages to waive all rights of subrogation against Licensor and members of its governing
bodies, its officers, agents and employees for matters arising out of this License.
14.6
Upon execution of this License, Licensee shall furnish Licensor with Certificates of
Insurance as evidence that policies providing the required coverages, conditions and limits are in full
force and effect. Such certificates shall provide that not less than thirty (30) days advance notice of
cancellation, termination, or alteration shall be sent directly to Licensor addressed as follows:
Manager, Land Rights Management, PAB10W
Salt River Project
P.O. Box 52025
Phoenix, Arizona 85072-2025
14.7
The insurance policies may provide coverages that include deductibles or self-
insured retentions. Licensee shall be solely responsible for deductibles and/or self-insured
retentions, and SRP, at its option, may require Licensee to secure the payment of such deductibles
or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
15.
Construction
15.1
Prior to making any improvements on the Licensed Property, Licensee shall submit
to Licensor for its approval final construction documents and plans showing the location of any such
improvements. Licensor shall approve or disapprove such documents and plans within 30 days. If
applicable, Licensee shall obtain a Construction License from Water Engineering prior to the start of
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construction. Construction on the Licensed Property shall be performed only in accordance with
approved construction documents and plans. At least ten (10) days prior to the beginning of any
construction on the Licensed Property, Licensee shall give Licensor notice of the date that
construction will begin and a schedule listing all construction activities and the dates when such
construction activities will be performed. Licensee shall give Licensor written notice of all changes
in the schedule and delays in construction immediately upon it being reasonably foreseeable that such
change or delay will occur.
15.2
Licensee's improvements constructed, installed, operated and maintained on the
Licensed Property shall not interfere with Licensor's use of Licensor's existing or any future irrigation
or electric facilities on or adjacent to the Licensed Property.
15.3
Licensor may request Licensee to alter the scheduling of construction undertaken
pursuant to Section 15.1 but only when and to the extent necessary to prevent any material interference
with Licensor's use of the Licensed Property, and if such improvements do interfere with Licensor's
use, Licensor may request Licensee to relocate Licensee's material, facilities and improvements as
deemed necessary by Licensor.
15.4
If relocation of Licensee's materials, facilities, or improvements is necessitated by
Licensor's use of existing facilities or the construction of improvements by or on behalf of
Licensor, Licensee shall bear the entire actual cost of relocating said materials, facilities and
improvements.
15.5
Licensor shall not exercise its right to require relocation of Licensee's facilities,
materials, and improvements in an unreasonable or arbitrary manner, and warrants to Licensee that
as of the date of this License, relocation of Licensee’s facilities is not expected or anticipated as a
result of Licensor’s existing plans for the Licensed Property.
16.
Permits, Statutes and Codes
16.1
Licensee shall comply with all requirements of all statutes, acts, ordinances,
regulations, codes, and standards of legally constituted authorities with jurisdiction applicable to
Licensee's use of the Licensed Property. Licensee shall obtain or cause to be obtained at its expense
all permits, approvals and authorizations required by Licensee's actions pursuant to this License.
16.2
The USA or Licensor may, at any time and at no cost or liability to the USA or
Licensor, terminate any License if the Licensee fails to comply with all applicable Federal, State, and
local laws, regulations, ordinances, or terms and conditions of any License, or to obtain any required
permits or authorizations.
17.
Licensor's Right to Inspect
17.1
Licensor, Association or the USA may enter any part of the Licensed Property at all
reasonable times to make an inspection thereof. During any construction by Licensee, Licensor may
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inspect all trenching, backfilling and other related construction activity that potentially affects
Licensor's facilities, and require conformance with all Licensor's requirements and specifications
related thereto.
17.2
Licensee shall release Licensor, Association and the USA from any claims for
damages arising out of any delay caused by Licensor in permitting or inspecting any work on the
Licensed Premises. The provisions of this Section shall survive termination of this License.
18.
Service of Notice
All notices, demands and invoices required or permitted by this License shall be in writing
and shall be considered to have been properly delivered: (i) if mailed, three (3) business days after
deposit in the U.S. mail, postage prepaid, return receipt requested, addressed as follows; (ii) if sent by
overnight delivery service, on the next business day after deposit with such service, addressed as
follows; (iii) if personally delivered, or (iv) if by email on the date of delivery service to:
Mail
Notices to Licensor
Notices to Licensee
Attn: Manager, PAB10W
Attn: Jason Crampton
SALT RIVER PROJECT
City of Chandler
Land Rights Management
Transportation Policy Division
P.O. Box 52025
175 S. Arizona Avenue
Phoenix, AZ 85072-2025
Chandler, AZ 85225
Hand /Certified Delivery
Notices to Licensor
Notices to Licensee
Attn: Manager, PAB10W
Attn: Jason Crampton
SALT RIVER PROJECT
City of Chandler
Land Rights Management
Transportation Policy Division
2727 E. Washington Street
175 S. Arizona Avenue
Phoenix, AZ 85034-1422
Chandler, AZ 85225
Either party may change its address or the designated person to receive notification hereunder
by giving notice of such change in the manner provided above.
19.
Waiver
This License may not be modified, or any provision waived except by written agreement
executed by both Licensor and Licensee. The waiver by either party of any breach or failure to provide
full performance under any of the terms and conditions of this License, or the failure of a party to
exercise, or any delay in exercising, any rights or remedies provided herein or by law, or the failure
of a party to notify the other properly in the event of a breach hereunder shall not be construed as a
waiver of any other term of condition herein, or of any subsequent or continuing breach of the same
or any other term or condition.
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20.
Attorneys' Fees Upon Default
If either party brings or defends any legal action, suit or proceeding based on rights or
obligations arising from this License, the successful party shall be entitled to recover reasonable
litigation expenses, court costs and reasonable attorneys' fees, as determined by a court, in any such
action, suit or proceeding. The foregoing shall not in any way limit or restrict any other right or
remedy at law or equity otherwise available to such party.
21.
Force Majeure
21.1
If either party is rendered unable, wholly or in part, by force majeure to carry out its
obligations under this License, other than the obligation of Licensee to make payments of amounts
due hereunder, then the obligations of both Licensee and Licensor, so far as they are affected by such
force majeure, shall be suspended during the continuance of any inability so caused, but for no longer
period, and such cause shall so far as possible be remedied within a reasonable time. The term "force
majeure" as used herein shall mean acts of God, strikes, lockouts, or other industrial disturbances,
acts of public enemies, wars, blockades, insurrections, riots, epidemics, landslides, lightning,
earthquakes, fires, storms, floods, washouts, interruptions by government not due to the fault of the
parties, civil disturbances, explosions, or unforeseeable action or nonaction by governmental bodies
in approving the applications for approvals or permits or any material change in circumstances arising
out of legislation, regulation or litigation. Nothing in this Section shall require Licensor to settle a
strike.
21.2
The USA may, at any time and at no cost or liability to the USA, terminate this
License in the event of a natural disaster, a national emergency, a need arising from security
requirements, or an immediate and overriding threat to public health and safety.
22.
Entire Agreement; Changes After Execution
This License, including its specified addenda and exhibits, if any, constitutes the entire
agreement between the parties, and any amendment hereto must be in writing and signed by both
parties.
23.
Governing Law, Venue and Waiver of Trial by Jury
23.1
This License shall be interpreted, governed by, and construed in accordance with the
substantive and procedural laws of the State of Arizona, without regard to conflicts of law principles.
Licensor and Licensee agree that any action, suit, or proceeding arising out of, or in any way
connected with this License, shall be initiated and prosecuted in a state or federal court of competent
jurisdiction located in Maricopa County, Arizona, and the parties irrevocably submit to the
jurisdiction and venue of such court. To the fullest extent permitted by law, each party hereby
irrevocably waives any and all rights to a trial by jury and covenants and agrees that it will not request
a trial by jury with respect to any legal proceeding arising out of or in any way connected with this
License.
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23.2
Each provision of this License shall be interpreted in such a manner as to be valid
under applicable law, but if any provision of this License shall be deemed or determined by competent
authority to be invalid or prohibited hereunder, such provision shall be ineffective and void only to
the extent of such invalidity or prohibition, but shall not be deemed ineffective or invalid as to the
remainder of such provision or any other remaining provisions, or of the License as a whole.
24.
Water Damage
Except when the result of the negligent or willful act or omission of Licensor or Association
or their directors, officers, employees, agents or assigns, neither Licensor, Association or the USA
shall be liable for any loss sustained by Licensee, its officers, employees, agents or invitees on the
Licensed Property 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 Reclamation Project dam, canal or other facility.
25.
Transactional Conflict of Interest
Notice is hereby given of A.R.S. § 38-511.
26.
Approvals
Each party agrees that if any consent or approval shall be required of such party, such
consent or approval shall not be unreasonably withheld.
27.
Reservation of Remedies
Unless otherwise provided herein, each party shall have available to it, all remedies provided
by law or equity.
28.
Archaeological and Environmental Compliance
28.1
Licensee shall immediately provide an oral notification to Reclamation (hereinafter
described) authorized official and Licensor of the discovery of any and all antiquities or other objects
of archaeological, cultural, historic, or scientific interest on the Licensed Property. The License shall
follow up with a written report of their finding(s) to Reclamation authorized official and Licensor
within forty-eight (48) hours. Objects under consideration include, but are not limited to, historic or
prehistoric ruins, human remains, funerary objects, and artifacts discovered as a result of activities
under this License. The Licensee shall immediately cease the activity in the area of discovery, make
a reasonable effort to protect such discovery, and wait for written approval from Reclamation
authorized official and Licensor before resuming the activity. Protective and mitigative measures
specified by Reclamation authorized official and Licensor shall be the responsibility of the Licensee.
28.2
As soon as practicable, Licensee shall submit in writing to Licensor a comprehensive
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description of all features of the project Licensee contemplates constructing pursuant to this License.
Upon receipt, Licensor will consult with the United States Bureau of Reclamation (BOR) and seek
an environmental clearance to authorize the licensed activities and features pursuant to applicable
environmental law. Licensee shall cooperate with Licensor and BOR in any reasonable manner,
including payment of any applicable fees required in this consultation process. Licensor shall not be
responsible for any delays caused by this process of consultation and review and makes no
representation as to likelihood of achieving the environmental clearance(s).
28.3
Licensee shall notify Licensor's staff archaeologist should any cultural resources or
human remains be found on the Licensed Property, and when appropriate, shall be responsible for
other notifications and legal requirements as required by the Archeological Resource Protection Act
and the Native American Graves Protection and Repatriation Act and ensuing 43 C.F.R. 10
regulations. All costs are the responsibility of the Licensee.
28.4
(a). Licensee may not allow contamination or pollution on Licensed Property, waters
or facilities by its employees or agents and shall take reasonable precautions to prevent such
contamination or pollution by third parties. Substances causing contamination or pollution shall
include, but are not limited to hazardous materials, thermal pollution, refuse, garbage, sewage
effluent, industrial waste, petroleum products, mine tailings, mineral salts, misused pesticides,
pesticide containers, or any other pollutants.
(b). Licensee shall comply with all applicable Federal, State, and local laws and
regulations, and Reclamation policies and directives and standards, existing or hereafter enacted or
promulgated, concerning any hazardous material that will be used, produced, transported, stored, or
disposed of on or in Federal lands, waters or facilities.
(c). “Hazardous material” means any substance, pollutant, or contaminant listed as
hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act of
1980 as amended, 42 U.S.C. § 9601, et seq., and the regulations promulgated pursuant to that Act.
(d). Upon discovery of any event which may or does result in contamination or
pollution of Licensed Property, waters or facilities, Licensee shall initiate any necessary emergency
measures to protect health, safety and the environment and shall report such discovery and full details
of the actions taken to the Licensor. Reporting is timely if made within twenty-four (24) hours of the
time of discovery if it is an emergency or by the first working day if it is a non-emergency. An
emergency is a situation that requires immediate action to reduce or avoid endangering public health
and safety or the environment.
(e). Violation of any of the provisions of this Article 28, as determined by the Licensor,
may constitute grounds for termination of this Agreement. Such violations require immediate
corrective action by Licensee and shall make Licensee liable for the cost of full and complete
remediation and/or restoration of any Licensed Property, waters or facilities that are adversely
affected as a result of the violation.
28.5
Licensee hereby assumes and accepts all liability and responsibility for initiation and
completion of response, cleanup, and corrective and remedial action, and the cost thereof, required
on the Licensed Property and any other affected premises, due to any action taken by Licensee or its
agents, officers, directors, or employees that that results in release of any hazardous substance within
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the meaning of the Federal Comprehensive Environmental Response, Compensation and Liability
Act -- 42 U.S.C. § 9601 et seq., or the Arizona Environmental Quality Act -- A.R.S. § 49-101 et seq.,
as such laws have been or are amended from time to time, or regulated substance within the meaning
of Subtitle I of the Federal Resource Conservation and Recovery Act (Underground Storage Tanks)
-- 42 U.S.C. § 6991a et seq., or the Arizona Underground Storage Tank Law -- A.R.S. § 49-1001 et
seq., as such laws have been or are amended from time to time. This Section 28 shall survive
termination of this License.
29.
Motor Vehicle Use – Special Conditions
When operating a motor vehicle on the Licensed Property, Licensee must at all times:
29.1
Enter onto and exit from the Licensed Property at the point of reasonable access
closest to the component of Licensee's facilities requiring maintenance;
29.2
Maintain a speed not to exceed five (5) miles per hour;
29.3
Ensure safe and reasonable passage through and around Licensee's vehicle and other
repair facilities to all recreational users of the Licensed Property;
29.4
Ensure that no site of ongoing maintenance of Licensee's facilities is left unattended;
and
29.5
Refrain from accessing the Licensed Property with a motor vehicle except when
necessary to effectuate maintenance of Licensees facilities.
30.
Officials Not to Benefit
No Member of Congress shall be admitted to any share or part of any contract or agreement
made, entered into, or accepted by or on behalf of the United States, or to any benefit to arise
thereupon, pursuant to 41 U.S.C. § 22.
31.
Illegal Use
Any activity deemed to be illegal on the Licensed Property will be cause for immediate
termination of this License.
32.
Bonding
Licensee shall provide a bond in the amount of $0.00, to be maintained until all construction
activities of this project and restoration of the disturbed areas have been completed and accepted in
writing by Reclamation or Licensor. Upon completion, or partial completion, of these restoration
requirements, Reclamation or Licensor, may terminate or allow partial reduction of the amount of the
bond requirement.
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33.
Pest Control
33.1
The Licensee shall not permit the use of any pesticides on Licensed Property without
prior written approval by Reclamation or Licensor. The Licensee shall submit to Reclamation or
Licensor for approval an Integrated Pest Management Plan (IPMP) thirty (30) days in advance of
pesticide application.
33.2
All pesticides used shall be in accordance with the current registration, label direction,
or other directives regulating their (State Department of Agricultural, Department of Ecology, OSHA,
etc.) and with applicable Reclamation policy and directives and standards. Applicators will meet
applicable State training or licensing requirements. Records maintenance shall be in accordance with
State requirement and such records shall be furnished to Reclamation or Licensor not later than five
(5) working days after any application of a pesticide.
33.3
Any equipment, tools, and machines used for pesticide application shall be in good
repair and suitable for such use. Equipment shall be calibrated prior to the spraying season and as
deemed necessary by Reclamation or Licensor.
33.4
Mixing, disposal, and cleaning shall be done where pesticide residues cannot enter
storm drains, sewers, or other non-target areas.
33.5
The Licensee shall initiate any necessary measures for containment and cleanup of
pesticide spills. Spills shall be reported to Licensor or Reclamation Contracting Officer with full
details of the actions taken. Reporting may be within a reasonable time period. A reasonable time
period means within twenty-four (24) hours of the spill if it is an emergency or by the first working
day if it is a non-emergency. An emergency is any situation that requires immediate action to reduce
or avoid endangering public health and safety or the environment.
33.6
Aerial application of pesticides is prohibited without the prior written consent by
Licensor or Reclamation’s designated representative.
33.7
The Licensee agrees to include the provisions contained in paragraphs 33.1 through
33.6 of this Section in any subcontract or third-party contract it may enter into pursuant to this License.
IN WITNESS WHEREOF, the patties hereto have executed this License this -ii- day of
0
' 2022.
LICENSOR:
SALT RIVER PROJECT AGRICULTURAL
IMPROVEl\!IENT AND POWER DISTRICT
IN WITNESS WHEREOF, CITY OF CHANDLER, has caused its name to be executed by its
duly authmized representative(s), this _ _ day of ______ , 2022.
LICENSEE:
CITY OF CHANDLER,
a political subdivision
By: - - - ------ - - -
Its: -
-
-
----- - - -
USA Fee License - CMU (10-02-2017 JAG)
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ATTEST:
_____________________________________
CITY CLERK
APPROVED AS TO FORM:
_____________________________________
CITY ATTORNEY