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Robyn Sahid
Katie Hobbs c ws
omumissioner
Governor
Arizona State Land Department
1110 West Washington Street, Phoenix, AZ 85007
(602) 542-4634
Date: July 12, 2023 TEMPORARY RIGHT OF ENTRY
ONTO STATE TRUST LANDS
Maricopa County Flood Control District
Attn: Michelle Moy
2801 W. Durango
Phoenix, AZ 85009
RE: Temporary Right of Entry onto State Trust Lands (29-124160-00-100)
Dear Ms. Moy:
This Temporary Right of Entry is effective upon receipt by the Department of this original letter
signed by Grantee and is entered into by and between the State of Arizona as “Grantor” by and
through the Arizona State Land Department and the above-identified entity as “Grantee” for the
following:
PURPOSE: Ingress and egress to perform a preliminary jurisdictional delineation on waters of
the United States, non-ground disturbing due diligence studies
PROPERTY:
The Property encompasses approximately 29.836 acres, more or less, of State Trust land, located
along Patton Rd, West of US 60, Maricopa County. Preliminarily described as Township 5 North
, Range 2 West, Section 32 and visually depicted on Exhibit A attached hereto, Maricopa County,
Arizona.
TERM DATES:
From: July 17, 2023 To: July 16, 2024
TERMS:
By accepting this Temporary Right of Entry and any additional terms attached, the Grantee agrees
that:
1. Grantee is granted only those rights described herein which do not include any implied rights
to use any land other than the State Trust lands described above (the “Property”). Ifall or part
of the Property is closed or sold, any rights granted by this Temporary Right of Entry to use
those lands is terminated, effective the date of closure or sale.
Serving Arizona’s Schools and Public Institutions Since 1915
www.AzLand.gov
Page 2 of 4
2.
10.
ii.
12.
13.
This Temporary Right of Entry may be terminated at Grantor’s discretion, with no right to
administrative or judicial appeal, by giving thirty (30) days written notice to Grantee.
Additionally, any violation of these terms voids this Temporary Right of Entry upon
occurrence.
Grantee will use the property only for the purpose listed above (the “Purpose”), which does
not include any implied right to use the Property for any other use or purpose.
Grantee shall comply with all laws and rules of the Arizona State Land Department, the
Arizona Game & Fish Department, and all Federal, State, County and Municipal laws,
ordinances or regulations applicable to the Purpose. Grantee is responsible for obtaining any
State, Federal or local permits necessary to conduct the Purpose in a lawful manner.
Grantee shall not interfere with other Permittees’ or Lessees’ use of State Trust land. If the
Property is currently under lease, Grantee is responsible to contact the State Lessee to notify
him or her of Grantee's activities. If the use of private lands is necessary to accomplish the
Purpose, Grantee is responsible for obtaining permission from the private land owner.
Grantee understands that this Temporary Right of Entry does not represent nor warrant that
access exists over adjacent State Trust lands or private lands which intervene respectively
between the Property and the nearest public roadway.
Prior to conducting any ground disturbing activities on the Property, Grantee shall obtain a
cultural resource clearance from the Arizona State Land Department, which may necessitate
a cultural resource survey at Grantee’s expense.
Grantee shall comply with the Arizona Native Plant laws. Grantee shali not remove any
natural products from State Trust land, including rocks, fossils, mineral specimens, stone, soil,
firewood, cacti, saguaro skeletons, cholla skeletons or other plants or plant material, either
alive or dead.
In accordance with Arizona State Land Department Rule R12-5-533, vehicle travel is limited
to designated routes and established roads unless otherwise prohibited. No cross-country
travel is allowed.
Grantee shall leave gates either opened or closed as they are found (General Rule: If gate is
opened and wired or tied back to the fence, the gate should be left open), No fences will be
cut or laid down.
Grantee shall not harass livestock or wildlife, nor damage or destroy any livestock or wildlife
improvement or facility (i.e. windmills, tanks, corrals,.fencing, watering structures, etc.).
The parties agree to be bound by applicable State and Federal rules governing Equal
Employment Opportunity, Non-discrimination and Disabilities, including Executive Order
No. 2009-09.
This Temporary Right of Entry is subject to cancellation pursuant to A.R.S. § 38-511.
To the extent required by A.R.S. §12-1518(B) and 12-133, the parties agree to resolve any
dispute arising out of this Temporary Right of Entry by arbitration.
Page 3 of 4
14,
15.
16.
17.
18.
19.
20.
21.
Grantee shall submit all requested reports and data in both hard copy and in digital format.
Grantee may not assign, sublease or otherwise transfer this Temporary Right of Entry.
No structures may be placed on State Trust land.
Upon abandonment, cancellation, revocation or termination of this Right of Entry, Grantee
shall restore the Property to its condition at the time Grantee first entered upon the Property,
to the satisfaction of the Grantor. Such restoration shall include, but shal! not be limited to,
removal of any and all material, equipment, facilities, temporary structures, or debris,
deposited by Grantee on Property. In addition, the restoration shall include, but not be limited
to, removal of all waste and debris deposited by Grantee, as well as restoration to grade level
of all trenches, holes, etc, that were created as a result of the Purpose.
In addition to the restoration in Paragraph 17 above, upon abandonment, cancellation,
revocation or termination of this Right of Entry, Grantee shall remove any and all Regulated
Substances caused to come into existence on the Property as a result of Grantee’s actions or
inactions or the actions or inactions of Grantee’s agents. Grantee shall arrange, at its expense,
for the repair, removal, remediation, restoration, and reconstruction to the Property to the
original condition existing on the date that Grantee first entered upon the Property, to the
satisfaction of the Grantor if the Property or any portions thereof are damaged or destroyed
(1) as a result of the existence or presence of any Regulated Substance, or (2) in any way
relating to or arising out of the removal, treatment, storage, disposition, mitigation, cleanup
or remedying of any Regulated Substance by Grantee or its agents. In any event, any damage,
destruction, or restoration by Grantee shall not relieve Grantee from its obligations and
liabilities under this Temporary Right of Entry.
In the event Grantee becomes aware of a trespass on the Property resulting in damage thereto,
Grantee shall notify Grantor and appropriate law enforcement authorities.
Grantee shall abide by the attached General Right of Entry Conditions.
General and Additional Right of Entry Conditions are attached hereto and made a part of this
Temporary Right of Entry Agreement.
[Signature page following]
Page 4 of 4
STATE OF ARIZONA, GRANTOR
ARIZONA STATE LAND COMMISSIONER
By:
(SEAL)
Title:
Date:
IN WITNESS HEREOF, the parties hereto have signed this Right of Way effective the day
and year set forth previously herein.
Maricopa County
GRANTEE
A¢0l_W. Durango Street
Address
Phoenyy, KZ £5009
City State Zip
By: Chairman of the Board
ATTEST:
Clerk, Board ia Date
Approved as to We/; we
Content: Depiity County Attorney Date
C: Public Records
Sales and Commercial Leasing Section Manager
Rights of Way Section Manager
Planning and Engineering Division Director
Natural Resources Assistant Division Director
Archaeology Section Manager
GENERAL AND ADDITIONAL RIGHT OF ENTRY CONDITIONS
Page 1 of 8
1. GENERAL CONDITIONS
1.1 Indemnity. Each party (as "Indemnitor") agrees to indemnify, defend, and
hold harmless the other party (as "Indemnitee"') from and against any and all claims, losses,
liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively
referred to as "Claims") arising out of bodily injury of any person (including death) or
property damage, but only to the extent that such Claims which result in vicarious/derivative
liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other
fault of the Indemnitor, its officers, officials, agents, employees, or volunteers.
In addition, Grantee shall cause its contractor(s) and subcontractors, if any, to
indemnify, defend, save and hold harmless the State of Arizona, any jurisdiction or agency
issuing any permits for any work arising out of this Agreement, and their respective
directors, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”)
from and against any and all claims, actions, liabilities, damages, losses, or expenses
(including court costs, attorneys’ fees, and costs of claim processing, investigation and
litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury
(including death), or loss or damage to tangible or intangible preperty caused, or alleged to
be caused, in whole or in part, by the negligent or willful acts or omissions of Grantee’s
contractor or any of the directors, officers, agents, or employees or subcontractors of such
contractor. This indemnity includes any claim or amount arising out of or recovered under
the Workers’ Compensation Law or arising out of the failure of such contractor to conform
to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the
specific intention of the parties that the Indemnitee shall, in all instances, except for Claims
arising solely from the negligent or willful acts or omissions of the Indemnitee, be
indemnified by such contractor from and against any and all claims. It is agreed that such
contractor will be responsible for primary loss investigation, defense and judgment costs
where this indemnification is applicable.
1.2 = Insurance Requirements for Any Contractors Used_by a Party to the
Intergovernmental Agreement. (Note: this applies only to Contractors used by a governmental
entity, not to the governmental entity itself.) The insurance requirements herein are minimum
requirements and in no way limit the indemnity covenants contained in the
Intergovernmental Agreement. The State of Arizona in no way warrants that the minimum
limits contained herein are sufficient to protect the governmental entity or Contractor from
liabilities that might arise out of the performance of the work under this Right of Entry by
the Contractor, his agents, representatives, employees or subcontractors, and Contractor
and the governmental entity are free to purchase additional insurance.
A, Minimum Scope and Limits of Insurance: Contractor shall provide
coverage with limits of liability not less than those stated below.
1. Commercial General Liability — Occurrence Form
Policy shall include bodily injury, property damage, personal and advertising injury and
broad form contractual liability.
General Aggregate: $2,000,000.00
Products-Completed Operations Aggregate: $1,000,000.00
GENERAL AND ADDITIONAL RIGHT OF ENTRY CONDITIONS
Page 2 of 8
Personal and Advertising Injury: $1,000,000.00
Each Occurrence: $1,000,000.00
Blanket Contractual Liability-Written and Oral: $1,000,000.00
Damage to Rented Premises: $ 50,000.00
The policy shall be endorsed to include the following additional insured language:
“The State of Arizona, its departments, agencies, boards, commissions, universities and its
officers, officials, agents, and employees shall be named as additional insureds with respect
to liability arising out of the activities performed by or on behalf of the Contractor.” Such
additional insured shall be covered to the full limits of liability purchased by the Contractor,
even if those limits of liability are in excess of those required by this Right of Entry.
Policy shall contain a waiver of subrogation endorsement in favor of the State of
Arizona, its departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees for losses arising from work performed by or on behalf of
the Contractor.
2. Business Automobile Liability. Bodily Injury and Property
Damage for any owned, hired, and/or non-owned vehicles used in the performance of this
Right of Entry.
¢ Combined Single Limit (CSL) ......cccccssssesssescsreserenreass $1,000,000
a. The policy shall be endorsed to include the following
additional insured language: “The State of Arizona, its departments, agencies, boards,
commissions, universities and its officers, officials, agents, and employees shall be named as
additional insureds with respect to liability arising out of the activities performed by or on
behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the
Contractor". Such additional insured shall be covered to the full limits of liability purchased
by the Contractor, even if those limits of liability are in excess of those required by this Right
of Entry.
b. Policy shall contain a waiver of subrogation endorsement
in favor of the State of Arizona, its departments, agencies, boards, commissions, universities
and its officers, officials, agents, and employees for losses arising from work performed by
or on behalf of the Contractor.
G Policy shall contain a severability of interest provision.
3. Worker's Compensation and Employers’ Liability
Workers' Compensation Statutory
Employers’ Liability
Fach Accident.....ccssssscsvsesccssssessersesessonsesseseerseteesees $500,000
Disease — Each Employee ......csscecsscsssececsessesnceeneere $500,000
Disease — Policy Littit......c.cscssseescceseesscsseesessesses $1,000,000
a. Policy shall contain a waiver of subrogation endorsement
in favor of the State of Arizona, its departments, agencies, boards, commissions, universities
GENERAL AND ADDITIONAL RIGHT OF ENTRY CONDITIONS
Page 3 of 8
and its officers, officials, agents, and employees for losses arising from work performed by
or on behalf of the Contractor.
b. This requirement shall not apply to: Separately, EACH
contractor or subcontractor exempt under A.R.S. § 23-901, AND when such contractor or
subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor)
form.
B. Additional Insurance Requirements: The policies are to contain, or be
endorsed to contain, the following provisions:
1. The Contractor's policies shall stipulate that the insurance
afforded the Contractor shall be primary insurance and that any insurance carried by the
Department, its agents, officials, employees or the State of Arizona shall be excess and not
contributory insurance, as provided by A.R.S § 41-621 (E).
2. The Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability. Coverage provided by the Contractor shall not be limited to the
liability assumed under the indemnification provisions of its Contract with the other
governmental entity(ies) party to the IGA.
On Notice of Cancellation: With the exception of (10) day notice of
cancellation for non-payment of premium, any changes material to compliance with this
Right of Entry in the insurance policies above shall require (30) days written notice to the
State of Arizona. Such notice shall be sent directly to the Arizona State Land Department,
1110 W. Washington, Phoenix, Arizona 85007, and shall be sent by certified mail, return
receipt requested.
D. Acceptability of Insurers: Contractors insurance shall be placed with
companies duly licensed in the State of Arizona or hold approved non-admitted status on the
Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall
have an “A.M. Best” rating of not less than A- VII or duly authorized to transact Workers’
Compensation insurance in the State of Arizona. The State of Arizona in no way warrants
that the above-required minimum insurer rating is sufficient to protect the Contractor from
potential insurer insolvency.
E. Verification of Coverage: Contractor shall furnish the State of Arizona
with certificates of insurance (ACORD form or equivalent approved by the State of Arizona)
as required by this Right of Entry. The certificates for each insurance policy are to be signed
by an authorized representative.
All certificates and endorsements are to be received and approved by the State of
Arizona before work commences. Each insurance policy required by this Right of Entry
must be in effect at or prior te commencement of work under this Right of Entry and remain
in effect for the duration of the project. Failure to maintain the insurance policies as required
by this Right of Entry, or to provide evidence of renewal, is a material breach of contract.
GENERAL AND ADDITIONAL RIGHT OF ENTRY CONDITIONS
Page 4 of 8
All certificates required by this Right of Entry shall be sent directly to the Arizona
State Land Department, 1110 W. Washington, Phoenix, Arizona 85007. The Right of Entry
number and project description are to be noted on the certificate of insurance. The State of
Arizona reserves the right to require complete, certified copies of all insurance policies
required by this Right of Entry at any time.
F. Subcontractors: Contractor's certificate(s) shall imeclude all
subcontractors as insureds under its policies or Contractor shall furnish to the State of
Arizona separate certificates for each subcontractor. All coverages for subcontractors shall
be subject to the minimum requirements identified above.
G. Approval: Any modification or variation from the insurance
requirements in any Intergovernmental Agreement must have prior approval from the State
of Arizona Department of Administration, Risk Management Division, whose decision shall
be final. Such action will not require a formal Right of Entry amendment, but may be made
by administrative action.
H. Exceptions: In the event the Contractor or sub-contracter(s) is/are a
public entity, then the Insurance Requirements shall not apply. Such public entity shall
provide a Certificate of Self-Insurance. If the contractor or sub-contractor(s) is/are a State
of Arizona agency, board, commission, or university then none of the above shall apply.
2. ADDITIONAL CONDITIONS
2.1. A legal description and/or a visual depiction of this Right of Entry is/are
detailed in EXHIBIT A attached hereto.
2.2 Grantor reserves the right to grant additional access rights, or any other rights
not in conflict with the rights granted herein, to other parties at Grantor’s sole discretion.
2.3 Grantee shall not exclude from use the State of Arizona, its Lessees or
Grantees, or the general public the right of ingress and egress over existing roads or trails.
2.4 Grantee shall use existing roads or trails unless approved otherwise in writing
by the Grantor to traverse over State Trust Land. Grantee is prohibited to blade, scrape or
remove any existing vegetation without authorization from Grantor.
2.5 Grantee shall acquire Grantor’s permission for maintenance of existing roads
or trails.
2.5.1 Existing roads or trails shall be maintained in substantially the same
condition as they exist at the time the Right of Entry is issued except, if not drivable they
may be made drivable.
2.5.2 Grantee shall not alter or cause ponding, or any damage up or down
stream of any water crossing.
GENERAL AND ADDITIONAL RIGHT OF ENTRY CONDITIONS
Page 5 of 8
2.6 No altering.of existing drainages or drainage structures are authorized under
this instrument.
2.7. Grantee shall not fence or gate the existing roads or trails.
2.8 Grantee shall keep all gates closed and ensure its contractors do the same.
Grantor reserves the right to require cattle guards if Grantor determines gates are being left
open or fencing has been removed or damaged by Grantee, its employees or contractors.
2.9 Grantee shall notify existing lessee, twenty-four (24) hours prior to entering
onto State Trust land to perform any non-ground disturbing activities. Access through any
locked gates shall be granted by grazing lessee or Arizona State Land Department field
manager.
2.10 Any grazing related improvements removed or damaged due to construction,
operation, and maintenance of this right-of-entry shall be replaced and/or reconstructed
immediately. Cost of replacement and reconstruction shall be the responsibility of the
Grantee.
2.11 Should previously undocumented cultural resources be identified during the
project, all such work shall cease in the immediate vicinity of the remains, and pursuant to
A.R.S. §41-844, the Director of the Arizona State Museum shall be immediately notified. The
Manager of the Cultural Resources Management Program at ASLD shall also be notified.
Should human remains be identified, the Repatriation Coordinator of the Arizona State
Museum will be notified immediately. The Manager of the Cultural Resources Management
Program at ASLD shall also be notified.
{Signature page following]
GENERAL AND ADDITIONAL RIGHT OF ENTRY CONDITIONS
Page 6 of 8
IN WITNESS HEREOF, the parties hereto have signed this Right of Entry effective the day
and year set forth previously herein.
Approved as to
Content:
Masienoa. Coonty
GRANTEE
ASo1 W. Dulengp Street
Protnte, AL $5004
City : State Zip
By: Chairman of the Board
ATTEST:
Lo).
Clerk, Vin Date
WW pfons
a A
‘eputy County Attorney Date
GENERAL AND ADDITIONAL RIGHT OF ENTRY CONDITIONS
Page 7 of 8
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF ENTRY
Parcel No. 503-48-024D
Project No. TT0710
PATTON RD AND 195"# AVE
Item No. D24835
EXHIBIT “A”
LEGAL DESCRIPTION FOR RIGHT OF ENTRY
A parcel of land situate on a portion of the Southeast Quarter of Section 29 and Northeast Quarter
of Section 32, Township 5 North, Range 2 West of the Gila and Salt River Base and Meridian,
Maricopa County, Arizona, and being more particularly described as follows:
Commencing at the Southeast GQuarier comer of said Section 29 and also the Northeast
Quarter comer of said Section 32, from which the South Quarter comer of said Section 29,
bears South 69°38'06" East, for a distance of 2636.74 feet;
Thence westerly along said South section line, North 89°38'06" West, for a distance of 493.87 feet
to the Point of Beginning.
Thence departing said South section line South 00°00'00" West, for a distance of 661.20 feet;
Thence South SO°00'00" West, for a distance of 999.87 feet,
Thence North 20°00'00" East, for a distance of 1299.83 feet;
Thence North $0°00'00" East, for a distance of 099.87 feet;
Thence South GO°O0'00" West, for a distance of 638.63 feet to the Point of Beginning.
The above described parcel contains 1,299,661 square feet or 29.2261 acres, more or jess,
and is depicted on attached Exhibit "B".
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION CEE south aencey We
Prelim:04/04/2023HP | Chk: Appr: a AIGIZ3 :
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Maricopa County Real Estate Department
GENERAL AND ADDITIONAL RIGHT OF ENTRY CONDITIONS
Page 8 of 8
EXHIBIT A - LEGAL DESCRIPTION AND/OR VISUAL DEPICTION OF RIGHT OF ENTRY
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