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LICENSE TO USE SALT RIVER PROJECT PROPERTY
Subject to the following terms and conditions, SALT RIVER PROJECT AGRICULTURAL
IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district, organized
and existing under the laws of the State of Arizona (Licensor), hereby gives the undersigned, and
CITY OF CHANDLER (Licensee) hereby accepts a revocable and nonassignable license (License)
to enter upon and use property of Licensor at the following location(s) CONSOLIDATED CANAL
BETWEEN GERMANN ROAD AND CHANDLER BOULEVARD.
TERMS AND CONDITIONS:
1. Licensee may use the Licensed Property for the following purpose and no other to conduct:
THE CITY OF CHANDLER FAMILY BIKE RIDE event on Saturday, April 5, 2025,
between 6:00am and 11:30am on both sides of the Consolidated Canal from Germann
Road to Chandler Boulevard.
**Licensee shall not have any vehicles on the canal.
**Licensee shall not have umbrellas, canopies, or tents on the canal.
**Licensee shall not have any balloons on the canal.
** Licensee shall be responsible for dust control issues.
** Licensee is responsible for all crowd control and safety participants.
** Licensee is aware that there are High Voltage Lines along the canal in this area.
** Licensee shall not impede access to the Licensed Property or any canals and electrical
equipment by SRP personnel and service vehicles.
** Licensee shall not cause the introduction of any chemical substance or other pollutant
into the waters of the canal.
2. To the extent not prohibited by law or expressly excepted herein, Licensee, its successors and
assigns (“Indemnitors”), shall indemnify, release, and hold harmless Licensor, Association and
the United States of America (“Indemnitees”) and the directors, officers, employees, agents,
successors and assigns thereof, against and from 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.
3. Licensee shall cause no construction or no installation of improvements upon the Licensed
Property without prior written approval of Licensor.
4. In the event that Licensee fails to comply with any condition of this License or upon revocation
or termination of this license by Licensor, Licensee shall remove at its cost, within ten (10) days
after written notice, any improvements or installation placed on the Licensed Property pursuant
to this License.
5. In the event Licensee fails to cure any default of performance of this License or to remove its
property as specified above, Licensor may remove Licensee's improvements from the Licensed
Property and any and all cost and expense incurred by Licensor thereby shall be chargeable to
Licensee and payable within ten (10) days after a statement of such expense and cost has been
mailed to Licensee at the address designated beneath its signature below. Licensee hereby
releases Licensor, the United States of America, and the Salt River Valley Water Users'
Association from all claims for damages resulting from such removal.
6. Licensee shall keep in good maintenance and repair the Licensed Property, and any improvement
and installations situated thereon and shall maintain a neat public appearance for the Licensed
Property.
7. Insurance:
a. Without limiting any liabilities or any other obligations of Licensee, Licensee shall provide
and maintain, and require its contractors and agents to 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:
i.
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
Million and No/100 Dollars ($1,000,000.00).
ii.
Commercial general liability insurance with a minimum combined single limit of Two
Million and No/100 Dollars ($2,000,000.00) each occurrence. The policy shall include
coverage for bodily injury liability, property damage liability, personal injury liability,
and contractual liability for liability assumed under this License. The policy shall
contain a severability of interest’s provision.
iii.
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.
b. The policies required by Sections 10(i) and 10(ii) 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.
c. The Licensee shall require its contractors or agents to waive their rights of recovery and
require their 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.
d. Prior to commencing activities under this License, Licensee and its contractors 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:
Supervisor, Property Management, PAB10W
Salt River Project
P.O. Box 52025
Phoenix, Arizona 85072-2025
The insurance policies may provide coverages that include deductibles or self- insured
retentions. Such deductibles or self-insured retentions must be declared to Licensor. Licensee
and its contractors 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.
8. 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 during use of the
Licensed Property that results in release of any hazardous substance within 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. § 6991 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 8 shall survive termination
of this License.
9. This License may be terminated by Licensor at any time upon twenty-four hours’ notice to
Licensee, or in the event of a breach of any provision herein, such termination shall be effective
immediately upon notice to Licensee.
10. 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.
11. THIS LICENSE IS NOT TO BE CONSTRUED OR INTERPRETED AS EXCLUSIVE IN ANY
WAY, OR AS A "RESERVATION" OF THE LICENSED PROPERTY. THE CANAL BANKS
ARE AT ALL TIMES TO REMAIN OPEN FOR PUBLIC RECREATIONAL AND OTHER
AUTHORIZED USES. LICENSEE SHALL TAKE NO ACTION OR CONDUCT ITS
ACTIVITIES IN A MANNER WHICH OBSTRUCTS OR IMPEDES THESE OTHER USES
OF THE CANAL BANK.
LICENSOR:
LICENSEE:
SALT RIVER PROJECT AGRICULTURAL
CITY OF CHANDLER
IMPROVEMENT AND POWER DISTRICT
LAND DEPARTMENT
Date:
Date:
PM - 051310
License, To Use SRP Property