SRP Special Use License for 2026
Extracted text (via pymupdf)
39972 characters
SALT RIVER PROJECT SPECIAL USE LICENSE
1.
License Granted
WHEREAS, it is understood by the parties hereto that Licensor SALT RIVER PROJECT
AGRICULTURAL IMPROVEMENT AND POWER DISTRICT (“District”) and the Salt River
Valley Water Users’ Association (“Association”) manage the Licensed Property pursuant to contracts
with the United States of America (“U.S.A.”), 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 obligations 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 CHANDLER ("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 and Restrictions
2.1 Licensee may use the Licensed Property only for: The City of Chandler Family Bike
Ride on Saturday, April 11, 2026, between 6:00 am and 11:30 am on both sides of the
Consolidated Canal from Germann Rd to Chandler Blvd.
2.2
Licensee shall make the Licensed Property available for use by the general public. This
License is not to be construed 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 recreation and other authorized uses.
Licensee shall take no action or conduct its activities in a manner that obstructs or impedes these
other uses of the canal bank.
2.3
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.
2.4
The use of motor vehicles (golf carts, E-bikes, scooters, cars, etc.) on the Licensed
Property is prohibited.
2.5
Licensee shall not have any balloons or tents on the canal.
2.6
Licensee shall be responsible for dust control issues.
2.7
Licensee is responsible for all crowd control and safety participants.
2.8
Licensee is aware that there are High Voltage Lines along the canal in this area, and
assumes all risk associated with activities undertaking in the area.
2.9
Licensee shall not impede access to the Licensed Property or any canals and electrical
equipment by SRP personnel and service vehicles.
2.10 Licensee shall not cause the introduction of any chemical substance or other pollutant
into the waters of the canal.
2.11 Licensee shall cause no construction or no installation of improvements upon the
Licensed Property without prior written approval of Licensor.
2.12 Licensee understands and agrees that Licensee enters upon the Licensed Property at
Licensee’s own risk.
2.13 Licensee acknowledges and agrees that if any third-party vendors, contractors, or service
providers (“Vendor(s)”) are present at the event, Licensee shall assume full responsibility for their
conduct, compliance, and any liabilities arising from their participation. Licensee acknowledges that it
is solely responsible for any contractual agreements with Vendors and any resulting obligations or
liabilities. Licensee shall ensure that all Vendors:
a. Comply with all applicable laws, regulations, and venue policies;
b. Maintain appropriate insurance coverage, including general liability and workers’
compensation; and
c. Are solely responsible for any damages, injuries, or claims resulting from their actions or
omissions.
3.
Licensed Property
The Licensed Property shall mean: Consolidated Canal.
4.
Compensation
4.1
Licensee shall pay Licensor a special use license fee (“License Fee”) of N/A Dollars
($N/A). The License Fee shall be payable in advance.
4.2
All amounts paid by Licensee to Licensor as a result of damages, costs and expenses
incurred by Licensor as a result of Licensee's default shall be deemed to be additional License Fees.
4.3
Within 30 days of Licensor’s delivery of an invoice, Licensee shall pay Licensor's
operation and maintenance costs resulting from Licensee's use of the Licensed Property. Licensor
shall incur no liability for any costs of repairing or replacing Licensee's improvements within the
Licensed Property, or for damages to Licensee’s improvements incurred as a result of Licensor's
operation and maintenance of its facilities, unless due to negligent or willful acts or omissions of
Licensor, its agents or employees.
4.4
Any payment due and unpaid 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.
5.
Term
The term of this license shall be from April 11, 2026 (the "Effective Date") through April 11,
2026, or until terminated pursuant to the terms contained herein.
6.
Rights of the United States of America
6.1
This License is subject to the paramount rights and regulatory jurisdiction of the U.S.A.
in and to the Licensed Property, federal reclamation law, and all agreements existing and to be made
between and among the U.S.A., the Association, and Licensor regarding the management, care, operation
and maintenance of the Reclamation Project.
6.2
This License is subject to the U.S.A. terms and conditions specified in the attached
Addendum, and upon execution, Licensee expressly agrees to abide by such terms and conditions.
7.
Successors and Assigns
7.1
This License and the privileges granted herein are not transferable to any successors in
interest without the express and written approval from Licensor. Licensor may in its discretion, but is
not required to, agree to the transfer of the License to a successor in interest. Any attempt to transfer this
License and any rights to use and occupy the Licensed Property without Licensor’s prior written approval
shall void this License.
7.2
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.
8.
Termination of the License
8.1
Either party or the U.S.A. may terminate this License upon not less than ten (10) days
written notice.
8.2
If Licensee fails to perform an obligation under this License within ten (10) days after
Licensor provides written notice of Licensee’s failure to perform such obligation, then, upon the
expiration of any applicable cure period, Licensor may terminate this License.
9.
Licensee’s Maintenance of Licensed Property & U.S.A. and Licensor's Use of Licensed
Property
9.1
Licensee, at its own expense, shall maintain all the Licensed Property in reasonably good,
sanitary and safe condition. It shall repair any damages to the Licensed Property and any improvements
and installations situated thereon. Licensee shall maintain a neat public appearance of the Licensed
Property.
9.2
Licensor reserves to itself and Association, a right of unlimited 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 activity shall be performed in a
manner designed to avoid, to the extent feasible, disturbance to Licensee's improvements and Licensee's
use of the Licensed Property. Licensor shall give Licensee reasonable prior written notice, as determined
by Licensor, of any such activity that will materially disrupt Licensee's use of the Licensed Property or
the Licensee's improvements; provided, however, that no notice may be given in the event of an
emergency where no notice is feasible. 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.
9.3
If Licensee defaults in the performance of the obligations set forth in Section 9.1, and
Licensor gives notice of the default, Licensee shall correct such default to the reasonable satisfaction of
Licensor within the time period set forth in the notice of default (the "Correction Period"), which shall
be reasonable under the circumstances. If Licensee fails to correct the default within the Correction
Period, Licensor may take any action reasonably 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 in accordance with
Section 4 of this License. Licensee shall release Licensor and Association from all damages resulting to
Licensee from the correction of such default, including, without limitation, damages to any of Licensee's
improvements.
9.4
Upon the expiration, termination, or revocation of this License, provided all License fees
and damage claims due Licensor have been paid, Licensee shall remove all structures, equipment, or
other improvements made by it from the Licensed Property at no cost to Licensor. Upon Licensee’s
failure to remove any such improvements, Licensor may remove them. Licensee shall pay all of
Licensor’s expenses related to the removal of such improvements.
10.
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 U.S.A. deems
not inconsistent with Licensee's use of the Licensed Property.
11.
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 all third-party rights to the Licensed
Property. Nothing in this License shall be construed as Licensor’s representation, warranty, approval or
consent regarding third-party rights to the Licensed Property.
12.
Indemnification
Licensee, its successors and assigns (“Indemnitors”), shall indemnify, hold harmless, release, and
defend Licensor and Association and each and every one of the members of their respective governing
bodies, officers, agents and employees (“Indemnitees”) from and against any and all claims, demands,
suits, costs of defense, reasonable attorneys’ fees, witness fees of any type, losses, damages, expenses,
fines, penalties, and liabilities (collectively, “Losses”) for injury to or death of any person or persons,
including employees of SRP or of Licensee or its subcontractors, or damage to property, including
property of SRP or of Licensee or its subcontractors, to which the Indemnified Parties may be put or
subjected by reason of the presence of or any act or omission on the part of Licensee, any subcontractor,
Vendor or supplier of Licensee, or any of the directors, officers, partners, members, managers, agents,
servants or employees of Licensee, or of its subcontractors or suppliers. Licensee’s obligations under
this Paragraph shall extend to Losses resulting from or arising out of: (a) 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; and (b) Licensee’s failure to comply with or fulfill its obligations established by this
License or by law. Licensee shall also indemnify and hold harmless (and, upon notice so requiring from
SRP, also defend) the Indemnified Parties for, from and against any and all Losses for contractual claims
arising out of Licensee’s agreements with third parties. The provisions of this Section shall survive
termination of this License.
13.
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:
13.1
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).
13.2
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 interests provision.
13.3
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.
13.4
The policies required by Sections 13.2 and 13.3 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.
13.5
Licensee shall waive its 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.
13.6
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.
Right to Inspect
14.1
Licensor, Association or the U.S.A. may enter any part of the Licensed Property at all
reasonable times to make an inspection thereof.
14.2
Licensee shall release Licensor, Association and the U.S.A. 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.
15.
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 if by email on the date of delivery service to:
Notices to Licensor
Notices to Licensee
michael.laguna@srpnet.com
nancy.jackson@chandleraz.gov
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.
16.
No 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.
17.
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.
18.
Force Majeure
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" 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.
19.
Entire Agreement; Changes After Execution
This License, which includes any exhibits and addenda, constitutes the entire agreement between
the parties, and any amendment hereto must be in writing and signed by both parties.
20.
Governing Law, Venue and Waiver of Trial by Jury; Severability
21.1
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 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.
21.2
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.
21.
Water Damage
Except when the result of the negligent or willful act or omission of Licensor or Association
neither Licensor nor Association 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.
22. Transactional Conflict of Interest
Notice is hereby given of A.R.S. § 38-511.
23. 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.
24.
Reservation of Remedies
Unless otherwise provided herein, each party shall have available to it, all remedies provided by
law or equity.
25.
Archaeological and Environmental Compliance
25.1
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.
25.2
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 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. § 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 shall survive termination of this License.
25.3
Licensee agrees to abide by the U.S.A.’s provisions and restrictions in the Addendum
regarding use of Pesticides.
ADDENDUM
The provisions of this Addendum derive from federal regulations, policies, directives and standards applicable to most
uses of federal reclamation land and facilities. Most such uses require a “Use Authorization” from the United States
pursuant to 43 CFR Part 429, and in accordance with Bureau of Reclamation Directives and Standards LND 08-01,
among others. The attached License is a “Use Authorization”. The terms of this Addendum could be duplicative or
contradictory both within the Addendum and with the terms of the License to which it is attached. In the event of such
duplication, or any conflict among such terms, the terms should be interpreted and followed in a manner most favorable
to the United States.
PERMITTED USE AND RESTRICTIONS
Licensee's use of the Licensed Property is only permitted in a manner that is compatible with Reclamation purposes for
which the Licensed Property’s lands or land rights were withdrawn or acquired.
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.
Licensee shall comply with applicable federal, state, tribal and local laws, rules, regulations, Executive Orders, permits and
Reclamation policies and directives and standards.
The United States, 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 Use Authorization or other
damage to the Licensee’s activities or facilities.
INDEMNIFICATION OF THE UNITED STATES
The Licensee agrees to indemnify the United States for, and hold the United States 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.
TERMINATION
This Use Authorization will terminate and all rights of the Licensee hereunder will cease, and the Licensee will quietly
deliver to the United States possession of the premises in like condition as when taken, reasonable wear and damage by
the elements excepted:
(a) Reclamation may, at any time and at no cost or liability to the United States, terminate any Use Authorization
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.
(b) Reclamation may, at any time and at no cost or liability to the United States, terminate any Use Authorization
for activities other than existing authorized private exclusive recreational or residential use as defined under 43
CFR Part 429.2 if Reclamation 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 §429.32(a)(1); or
iii.Termination is necessary for operational needs of the project.
(c) Reclamation may, at any time and at no cost or liability to the United States, terminate any Use Authorization if
Reclamation determines that the Licensee has failed to use the Use Authorization for its intended purpose.
Further, failure to construct within the timeframe specified in the terms of the Use Authorization may constitute
a presumption of abandonment of the requested use and cause termination of the Use Authorization.
(d) Reclamation may, at any time and at no cost or liability to the United States, terminate any Use Authorization if
the Licensee fails to comply with all applicable Federal, State, and local laws, regulations, ordinances, or terms
and conditions of any Use Authorization, or to obtain any required permits or authorizations. In addition,
Reclamation may revoke or terminate the License:
i.
At the expiration of the term of the Use Authorization; or,
ii.
Without notice, upon default in payment to the United States or SRP of any installment of License fees if
any; or
iii.
On date, of any year, upon written notice to Licensee, served days in advance thereof; or,
iv.
After failure of the Licensee to observe any of the conditions of this Use Authorization, and on the tenth day
following service of written notice on the beneficiary of termination because of failure to observe such
condition.
v.
Any activity deemed to be illegal on federal lands will be cause for immediate termination of the use
authorization
(e) If this Use Authorization is terminated under (e)(v), the United States reserves the right to bar the Licensee from
the authorization to use Reclamation land on the Salt River Project for a period of time, as determined by
Reclamation’s Area Manager.
SEVERABILITY OF CONTRACT TERMS
Each provision of any Use Authorization shall be interpreted in such a manner as to be valid under applicable law, but if
any provision of the Use Authorization 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 Use
Authorization as a whole.
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.
HAZARDOUS MATERIALS
(a) The Licensee may not allow contamination or pollution of federal land, facilities, and waterbodies and for which the
beneficiary has the responsibility for care, operation, and maintenance 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) The 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 federal lands, waters or
facilities, the 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 Reclamation or SRP. Reporting may be within
a reasonable time period. A reasonable time period means 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 any 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 License, as determined by Reclamation, may constitute grounds for
termination of this contract. Such violations require immediate corrective action by the Licensee and shall make the
Licensee liable for the cost of full and complete remediation and/or restoration of any federal resources or facilities
that are adversely affected as a result of the violation.
(f) The Licensee agrees to include the provisions contained in paragraphs (a) through (e) of this section in any
subcontract or third-party contract it may enter into pursuant to this Use Authorization.
(g) Reclamation agrees to provide information necessary for the Licensee using reasonable diligence, to comply with the
provisions in paragraphs (a) through (e) above.
REMOVAL OF STRUCTURES
When a structure is built or erected by Licensee for its own convenience, then:
(1) Upon the expiration, termination, or revocation of this Use Authorization, if all License fees and damage claims
due Reclamation have been paid, the Licensee shall remove all structures, equipment, or other improvements
made by it from the premises at no cost to the United States. Upon failure to remove any such improvements
within sixty (60) days of expiration, termination, or revocation, any remaining improvements shall, at the option
of the United States, be removed or become the property of the United States. The Licensee shall pay all expenses
of the United States, or its assigns, related to removal of such improvements.
(2) The above notwithstanding, (a) should Reclamation determine that there is a project or public need for specific
structures and/or equipment to remain in place, the beneficiary shall be compensated the market value of such
improvements as determined by an appraisal prepared by the Secretary; and/or (b) any improvements that may
be historic property as described in 36 CFR § 60 shall be inventoried and evaluated to determine their eligibility
to be listed on the National Register of Historic Places. If the improvement(s) qualify, then Reclamation shall
conduct consultation required by Section 106 of the National Historic Preservation Act prior to demolition or
taking ownership of the improvement(s).
BONDING
Licensee shall provide a bond in the amount of $N/A-0-N/A, 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 SRP. Upon
completion, or partial completion, of these restoration requirements, Reclamation or SRP, may terminate or allow partial
reduction of the amount of the bond requirement.
RIGHT OF ENTRY
The United States 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 lands covered by this Use Authorization, 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. Reclamation will make every reasonable effort to keep
damages to a minimum.
CULTURAL RESOURCES
Licensee shall immediately provide an oral notification to Reclamation or SRP of the discovery of any and all antiquities
or other objects of archaeological, paleontological, cultural, historic, or scientific interest on Reclamation lands. The
Licensee shall follow up with a written report of their finding(s) to Reclamation’s or SRP’s authorized official 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 Use Authorization. The Licensee shall
immediately cease the activity in the area of the discovery, make a reasonable effort to protect such discovery, and wait
for written approval from the authorized official before resuming the activity. Protective and mitigative measures specified
by Reclamation’s or SRP’s authorized official shall be the responsibility of the Licensee.
PESTICIDES
(a) Licensee is responsible for effectively avoiding the introduction and spread of, and for otherwise controlling, undesirable
plants and animals, as defined by Licensor, on or in federal project lands, federal project waters, and federal project
works for which and to the extent that Licensee has operation and maintenance responsibility. Licensee is responsible for
exercising the level of precaution necessary in meeting this responsibility, including inspecting its vehicles, watercraft,
and equipment for reproductive and vegetative parts, foreign soil, mud or other debris that may cause the spread of weeds,
invasive species and other pests, and removing such materials before moving its vehicles, watercraft, and equipment onto
any federal land, into any federal project facility waters, or out of any area on federal project land where work is
performed.
(b) The Licensee shall not permit the use of any pesticides on federal lands without prior written approval by Reclamation
or SRP. The Licensee shall submit to Reclamation or SRP for approval an integrated pest management Plan (IPMP)
thirty (30) days in advance of pesticide application. Programs for the control of undesirable plants and animals on
federal project lands, and in federal project waters and federal project works for which Licensee has operation and
maintenance responsibility will incorporate IPM concepts and practices. IPM refers to a systematic and
environmentally compatible program to maintain pest populations within economically and environmentally
tolerable levels. In implementing an IPM program, Licensee will adhere to applicable federal and state laws and
regulations and Department of the Interior and Bureau of Reclamation policies, directives, guidelines, and manuals
(b) All pesticides used shall be in accordance with the current registration, label, direction, or other directives regulating
their use (State Department of Agriculture, Department of Ecology, OSHA, etc.) and with applicable Reclamation
Policy and Directives and Standards. Applicators must meet applicable State training or licensing requirements.
Records maintenance shall be in accordance with State requirements. Records maintenance shall be in state
requirements and such records shall be furnished to Reclamation not later than five (5) working days after any
application of a pesticide.
(c) 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 SRP.
(d) Mixing, disposal, and cleaning shall be done where pesticide residues cannot enter storm drains, sewers, or other
non-target areas.
(e) The Licensee shall initiate any necessary measures for containment and clean up of pesticide spills. Spills shall be
reported to Reclamation or SRP 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 following the spill 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.
(f)
Aerial application of pesticides is prohibited without prior written consent by Reclamation or SRP.
(g) Where decontamination of Licensee’s vehicles, watercraft, or equipment is required prior to entering federal
project land or waters, the decontamination shall be performed by Licensee at the point of prior use, or at an
approved offsite facility able to process generated cleaning wastes, pursuant to applicable laws, rules, and
regulations. Upon the completion of work, the Licensee will perform any required decontamination within the work.
(h) The Licensee agrees to include the provisions contained in paragraphs (a) through (g) of this section in any
subcontract or third party contract it may enter into pursuant to this Use Authorization.
IN WITNESS WHEREOF, the parties hereto have executed this License this 2nd day of February,
2026.
LICENSOR:
SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT
AND POWER DISTRICT
By: _____________________________________________
Its: _______________________________________________
Dated: ____________________________________________
LICENSEE:
CITY OF CHANDLER
By:_______________________________________________
Its:_______________________________________________
Dated:_____________________________________________
APPROVED AS TO FORM:
________________________________
CITY ATTORNEY