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HomeMy WebLinkAbout02/20/2007 Blue Sheet Agreement with CAP for Tangerine Farms Road TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: February 20, 2007 AGENDA ITEM: 1.2 TO: MAYOR AND COUNCIL FROM: Barbara Johnson, Director of Public Works SUBJECT: Resolution No. 2007-22: Relating to Real Estate; approving and authorizing the Town Engineer to execute the Construction Period Land Use License Agreements for a roadway, a 12- inch water line, and 12-inch sewer line with Central Arizona Water Conser- vation District, and Central Arizona Project (CAP) for Tangerine Farms Road, Project No. 2004-36; DISCUSSION The Town of Marana declared the intent to establish the Tangerine Farms Road Improvement District under Resolution No. 2006-75. The Tangerine Farms Road (Moore Road to Interstate 10) Marana Project No. 2004-36, Roadway and Drainage Improvements plans were accepted by the Town of Marana on July 21,2006. The Notice to Proceed for the construction of Tangerine Farms Road, Project No. 2004-36, was issued to Hunter Contracting on January 16, 2007. A portion of Street A as shown on the Tangerine Farms Road, Project No. 2004-36, crosses a permanent easement held by The United States of America dated July 13, 1987, for the construc- tion, reconstruction, operation and maintenance of the Tucson Aqueduct, Central Arizona Pro- ject. The Central Arizona Water Conservation District, Central Arizona Project (CAP) has an Agreement with The United States of America assuming the responsibility for the care, opera- tion, maintenance, and management of certain transfers of work of the Central Arizona Project. Staff submitted an application for a License Agreement and all supporting documents to CAP on August 24, 2006. Negotiations and design modifications were needed to satisfy the concerns of the CAP office regarding the safety and protection of their facilities during construction of the new public roadway. The attached License Agreements are those that have been prepared by CAP in accordance with their policy and procedures for construction activities over their facilities. RECOMMENDATION Staff recommends adoption of Resolution No. 2007-22, approving and authorizing execution of the Central Arizona Water Conservation District, Central Arizona Project (CAP) License Agreements. MF:mf A TT ACHMENT(S) Exhibit A: Central Arizona Water Conservation District, Central Arizona Project (CAP) Con- struction Period Land Use License for a Roadway, Tangerine Farms Road, Marana, Arizona CA WCD No. 06-046A; Exhibit B: Central Arizona Water Conservation District, Central Arizona Project (CAP) Con- struction Period Land Use License for a 12-inch water line, Tangerine Farms Road, Marana, Ari- zona CA WCD No. 06-046B; and Exhibit C: Central Arizona Water Conservation District, Central Arizona Project (CAP) Con- struction Period Land Use License for a 12-inch sewer line, Tangerine Farms Road, Marana, Arizona CA WCD No. 06-046C. SUGGESTED MOTION I move to adopt Resolution No. 2007-22. -2- MARANA RESOLUTION NO. 2007-22 RELATING TO REAL PROPERTY; APPROVING AND AUTHORIZING THE TOWN ENGINEER TO EXECUTE THE CONSTRUCTION PERIOD LAND USE LICENSE AGREEMENTS FOR A ROADWAY, A 12-WATERLINE, AND 12-INCH SEWER LINE WITH CENTRAL ARIZONA WATER CONSERVATION DISTRICT, CENTRAL ARIZONA PROJECT (CAP) FOR TANGERINE FARMS ROAD, PROJECT NO. 2004-36. WHEREAS the Town of Marana and Central Arizona Water Conservation District, Central Arizona Project (CAP) both have interest in a parcel of land within the Tangerine Farms Road, Project No. 2004-36 limits; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into the License Agreements granting the right to access CAP property for the construction of the Tangerine Farms Road, Project No. 2004-36 over the CAP easement area. NOW, THEREFORE, BE IT RESOLVED BY THE MAYORAND COUNCIL OF THE TOWN OF MARANA, that the Agreements between the Town of Marana and Central Arizona Water Conservation District, Central Arizona Project attached to and incorporated by this reference in this resolution as Exhibits A, B, & C are hereby approved, and the Town Engineer is hereby authorized to execute them for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the Agreements. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of February, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney MF:mf Exhibit "A" CAWCD #06-046A CENTRAL ARIZONA WATER CONSERVATION DISTRICT CENTRAL ARIZONA PROJECT CONSTRUCTION PERIOD LAND USE LICENSE FOR A ROADWAY TANGERINE FARMS ROAD, MARANA, ARIZONA TOWN OF MARANA The CENTRAL ARIZONA WATER CONSERVATION DISTRICT, a multi-county water conservation district, created, organized, and existing under and by virtue of the laws of the State of Arizona, "District," who has assumed the responsibility for the care, operation, maintenance, and management of certain transferred works of the Central Arizona Project from the United States of America, who holds title to such works, and under the terms and conditions of those certain agreements between the United States and the District for the care, operation, maintenance, and management of the transferred works, hereby grants to TOWN OF MARANA, its agents, contractors, successors and assigns,"Grantee", the right to access CAP property to construct a roadway on property acquired for the Central Arizona Project, as described in Article 1, and subject to the terms and conditions as set forth below: 1. The term of this License shall be for a construction period of two (2) year, from January 29, 2007 to January 29, 2009. This License may be renewed for an additional six months, conditional upon receipt and approval of a written request from the Grantee at least thirty (30) days prior to the termination date. This License has been approved for an area of approximately 1.07 acres. The License area is described in Exhibit A and shown on Exhibit B attached and made a part of the License. 2. The Grantee agrees to pay all administrative costs (including overhead) associated with this project which are incurred by the District, its agents, contractors, successors and assigns. Payment is due within thirty (30) days of the date of invoice. a. The Grantee shall pay a late payment charge on charges that are received after the due date. The late payment charge percentage rate calculated by the United States Department of the Treasury and published quarterly in the Federal Reqister shall be used; provided, that the late payment charge percentage rate shall not be less than 0.5 percent per month. The late payment charge percentage rate applied on an overdue payment shall remain in effect until payment is received. The late payment rate for a thirty-day period shall be determined on the day immediately following the due date and shall be applied to the overdue payment for any portion of the thirty- day period of delinquency. In the case of partial late payments, the amount received shall first be applied to the late charge on the overdue payment and then to the overdue payment. 1 b. Payment of all administrative costs must be received before the District will issue an acceptance letter. 3. The Grantee agrees to deliver to the District "As-Built" drawings of a quality meeting accepted industry standards within ninety (90) days after completion of Grantee's construction project under this License. Such drawings shall be received and approved by the District before the District will issue an acceptance letter. 4. There is reserved to the United States and the District, their successors and assigns, the prior right to use any of the property herein described to construct, operate, and maintain all structures and facilities, including but not limited to, canals, waste ways, laterals, ditches, roadways, electrical transmission lines, communication structures, substations, switch yards, power plants, and any other facilities without any payment made by the United States or the District or their successors for such rights. 5. There is also reserved to the United States and the District the right of their officers, agents, employees, licensees and permittees, at all proper times and places, freely to have ingress to, passage over, and egress from all of said lands for the purpose of exercising, enforcing and protecting the rights reserved herein. 6. The United States and the District reserve the right to inspect all operations of the Grantee or its assigns under the terms of this License both during the progress of the work and upon completion thereof. 7. The Grantee shall indemnify and hold harmless the United States, the District, and their officers, directors, employees, agents and assigns from any loss or damage and from any liability on account of personal injury, property damage, or claims for personal injury or death arising out of the Grantee's activities under this License, including liability arising under Article 17e. Grantee shall procure and maintain during the term of this License and any extensions thereof, work insurance purchased from an "A" rated or better insurer, or equivalent self insurance, with the following specified limits: a. Workers Compensation insurance as required by Arizona law, and Workers Compensation Employer's Liability insurance in the amount of One Million Dollars ($1,000,000.) b. Commercial General Liability insurance including contractual liability with the following limit: Bodily Injury and Property Damage Liability Insurance with limits of One Million Dollars ($1,000,000) per occurrence. c. Business Automobile Liability Insurance with a limit of One Million Dollars ($1,000,000) per occurrence. d. Umbrella Liability Insurance with a limit of One Million Dollars ($1,000,000). 2 Grantee shall name the United States and the District as additional insureds on the specified insurance and provide the District with a valid Certificate of Insurance or equivalent proof of self-insurance, prior to execution of this License. 8. The Grantee shall assume responsibility and/or liability for any and all damages to the Central Arizona Project structures and facilities and to any other property of the United States or the District, or any property under the control or custody of the United States or the District, their agents and assigns, that may be caused by the construction, operation, and maintenance of the Grantee's facilities or the Grantee's uses under this License. 9. The District reserves the right to stop any construction work of the Grantee within the License Area if, after inspection, the District determines: a. that unsafe conditions exist which may jeopardize the safety of the District, the Grantee, or the public, or b. that proceeding with construction work is likely to physically damage structures or property managed or controlled by the District. 10. The Grantee shall review and comply with the safety regulations of the United States Bureau of Reclamation's 2001 publication, "Reclamation Safety and Health Standards," while working within the License Area. Contact the District, Karen Ayotte at (623) 869-2242 for a copy of this publication. The Grantee shall also follow District safety policies when requested to do so. 11. The Grantee shall appoint a Safety Representative for any work performed pursuant to this License. This Safety Representative shall be competent, experienced, and knowledgeable in supervision of the safety aspects for any work performed pursuant to this License. Morris Reyna at (520) 850-4608 is Grantee's appointed Safety Representative pursuant to this Article. Grantee shall subsequently notify the District in writing if a different Safety Representative is appointed or if there are changes in the address or phone number of the Safety Representative. 12. The Grantee agrees to contact the District, Mr. Paul Zellmer at (623) 869-2671: a. at least two weeks prior to beginning construction under this License, to make arrangements for inspection personnel and for access to the License Area, which includes execution of a "Hold Harmless Agreement" with the District's Protective Services Department, and b. at least two weeks prior to any digging in the License Area, to locate buried control and/or power cables. 13. The Grantee is responsible for determining that the engineering plans and specifications for their construction on the License Area meet legal, engineering and construction industry standards. The fact that the District reviews the Grantee's plans does 3 not relieve the Grantee of the requirements of this Article. Grantee accepts and shall follow the specific construction stipulations described on Exhibit C, attached and made a part of this License. 14. The Grantee at its expense shall be solely responsible to resolve any issues or disputes with interested persons, including neighborhood associations, concerning location, zoning, compatibility with existing or planned uses of adjoining lands, aesthetics or any other issues or disputes relating to Grantee's use of the License Area. 15. The Grantee shall use said premises for the purposes of construction as stated herein and Grantee agrees that in the use of said premises it shall maintain its facilities in a good and worker like manner, and shall insure compliance with all laws, regulations, and orders of the United States affecting such operations, and with the laws of the State of Arizona, and with the laws and regulations of any other applicable governmental body along with directives of the District affecting such operations. 16. Upon termination of this License, the Grantee shall, atits sole expense, remove any temporary structures or equipment and restore the site to the satisfaction of the District. 17. The Grantee shall comply with all applicable federal, state, and local laws and regulations, and United States Bureau of Reclamation's policies and instructions, existing or hereafter enacted or promulgated, concerning any hazardous material that will be used, produced, transported, stored or disposed of on or in lands, waters or facilities owned by the United States or managed by the District. a. "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.SS 9601, et seq., and the regulations promulgated pursuant to that Act. b. The Grantee shall not allow contamination of lands, waters or facilities owned by the United States or administered and managed by the District by hazardous materials, thermal pollution, solid waste, refuse, garbage, sewage effluent, industrial waste (including, but not limited to product containers, surface preparation abrasives and residues, and coatings, paints and primers), petroleum products, mine tailings, mineral salts, pesticides (including, but not limited to, the misuse of pesticides), pesticide containers or any other pollutants. c. The Grantee shall report to the District immediately any event, which mayor does result in pollution or contamination adversely affecting lands, water or facilities owned by the United States or managed by the District. If the occurrence involves water pollution or contamination, the District's Water Control Center must be contacted immediately at (623) 869-2530; if the occurrence involves land pollution or contamination, the District's Environmental Compliance Program Supervisor, Mr. Tom Curry, must be contacted immediately at (623) 869-2353. 4 d. The Grantee shall appoint an Environmental Representative for any work performed pursuant to this License. This Environmental Representative shall be competent, experienced, and knowledgeable in supervision of the environmental aspects, including environmental hazard aspects, for any work performed pursuant to this License. Jennifer Christelman at (520) 382-2600 is Grantee's appointed Environmental Representative pursuant to this Article. Grantee shall subsequently notify the District in writing if a different Environmental Representative is appointed or if there are changes in the address or phone number of the Environmental Representative. e. Violation of any of the provisions of Article 17 shall constitute grounds for immediate termination of this License and shall make the Grantee liable for the cost of full and complete remediation and/or restoration of any Federal resources or facilities that are adversely affected lands, water or facilities owned by the United States or managed by the District. 18. The Grantee agrees to include the provisions contained in Article 17 of this License in any subcontract or third-party contract it may enter into pursuant to this License. The District agrees to provide information necessary for the Grantee, using reasonable diligence, to comply with the provisions of Article 17. 19. The provisions of this License shall apply to and bind the successors and assigns of the Parties hereto, but no assignment shall be valid until approved by the District. 20. This License is subject to the provisions of Executive Order No. 11246 of September 24, 1965, as amended, which sets forth the Equal Opportunity and Affirmative Action clauses. A copy of this order may be obtained from the United States Bureau of Reclamation, Lower Colorado Region, Regional Director, P.O. Box 61470, Boulder City, Nevada 89006-1470. 21. This License shall terminate at or upon: a. the discretion of the United States or the District. b. completion of construction, delivery of "As-Builts" drawings to the District, and payment of administrative costs and any other applicable costs to the District, if these actions occur prior to License expiration date. c. expiration of the term as provided in Article 1. d. violation of the covenants set out herein. e. official abandonment of License Area by Grantee or its successors or assigns. f. failure of the Grantee to use this License for the purpose granted herein, or for nonuse of this License for any continuous six (6) month period. 5 22. In the event Grantee holds over any lands, tenements or other real property after termination of the time for which such lands, tenements or other real property were licensed to Grantee, and after demand in writing for the possession thereof by the District, Grantee shall be deemed to be guilty of forcible detainer as defined in A.R.S. Section 12-1171 et seq. In addition to such other remedies as the District may have under law orthis License, the District may bring an action for possession of the licensed property under AR.S. Section 12-1171 et seq. Solely for the purpose of any such action by the District, the Grantee shall be considered a tenant as that term is used in AR.S. Section 12-1171 et seq. The Grantee hereby accepts jurisdiction of the court acting under AR.S. Section 12-1171 et seq. for purposes of determining possession of the property. 23. All notices required or permitted to be given hereunder shall be in writing and may be given in person, by facsimile transmission, or by United States mail postage prepaid, and shall become effective at the earliest of actual receipt by the Party to whom notice is given, delivered to the designated address of the Party, or if mailed, forty-eight (48) hours after deposit in the United States mail addressed as shown below or to such other address as such Party may from time to time designate in writing. If to the District: Central Arizona Water Conservation District PO Box 43020 Phoenix, Arizona 85080-3020 Attention: Thomas Fitzgerald Land Administrator If to the Grantee: Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 Attention: Myrlene Francis 24. Any claim, controversy or dispute arising out of this License shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Maricopa County. There shall be no discovery other than the exchange of information, which is provided to the arbitrator by the parties. The arbitrator shall have the authority only to award compensatory damages and shall not have authority to award punitive damages or other noncompensatory damages; the parties hereby waive all rights to and claims for monetary awards other than compensatory damages. 25. Notwithstanding Article 24, should any litigation, including any forcible detainer action brought under Article 22, be commenced between the Parties concerning any provisions contained herein, or the rights or duties of any person in relation thereto, the prevailing Party in any such Court or proceedings shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorneys' fees in such litigation as determined by the Court. 6 26. If any term of this License is found to be void or invalid, such invalidity shall not affect the remaining terms of this License, which shall continue in full force and effect. 27. This License shall be interpreted, construed and governed by the laws of the State of Arizona. IN WITNESS WHEREOF, the District has caused this License to be executed this day of Central Arizona Water Conservation District, "District" By: David S. "Sid" Wilson, Jr. Its: General Manager Town of Marana, "Grantee" By: Keith Brann Its: Town Engineer 7 ACKNOWLEDGEMENT State of Arizona ) )~ County of Maricopa ) On this day of . before me personally appeared David S. "Sid" Wilson, Jr., to me known to be the person described in and who executed the foregoing instrument and acknowledged to me that he executed the same as his free act and deed. Notary Public in and for the County of Maricopa, State of Arizona My Commission Expires State of Arizona ) )~ ) County of Pima On this day of , before me personally appeared Keith Brann, to me known to be the person described in and who executed the foregoing instrument and acknowledged to me that he executed the same as his free act and deed. Notary Public in and for the County of Pima, State of Arizona My Commission Expires 8 EXHIBIT A CAWCD NO. 06-046A PAGE 1 OF 1 January 15, 2007 Construction Land Use License Description A portion of a parcel of land located in the northwest one-quarter of Section 6, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, as recorded in Docket 12881 at page 421 and Docket 8801 at page 1257, records of Pima County, Arizona, described as follows: Commencing at the n0l1hwest corner of Section 6; Thence South 00 degrees 27 minutes 14 seconds East, upon the west line of said section, a distance of 1044.05 feet to a point on the southwesterly right-of-way of Street A per Docket 12881 at page 421 and the beginning of a non-tangent curve concave to the nOltheast having a radial bearing of North 38 degrees 40 minutes 31 seconds East, said point bears North 00 degrees 27 minutes 14 seconds West, 1593.96 feet fi'om the west quarter comer of said Section 6; Thence southeasterly upon said right-of-way, a curve to the left having a radius of 540.00 feet and a central angle of2 degrees 58 minutes 37 seconds, an arc distance of28.06 feet to the Point of Beginning, on the northwesterly reserved right-of-way line for the U.S. Department ofInterior BUl'eau of Reclamation as described in Docket 8801 on page 1257; Thence northeasterly upon said right-of-way, North 39 degrees 50 minutes 08 seconds East, a distance of 100.32 feet to a point on the northeasterly Temporary Constl'Uction Easement of said Street A and the beginning of a non- tangent curve concave to the northeast having a radial bearing of North 34 degrees 45 minutes 21 seconds East; Thence southeasterly upon said curve, to the left having a radius of 440.00 feet and a central angle of 34 degrees 40 minutes 17 seconds, an arc distance of 266.26 feet to a point on a tangent line; Thence easterly upon said line, South 89 degrees 54 minutes 56 seconds East, a distance of 74.92 feet to a point on the southeasterly said reserved right-of-way line; Thence southwesterly upon said right-of-way, South 39 degrees 50 minutes 08 seconds West, a distance of 180.27 feet to a point on the southwesterly Temporary Construction Easement of said Street A and the beginning of a non-tangent curve concave to the northeast having a radial bearing of North 04 degrees 04 minutes 27 seconds East; Thence nOl1hwest upon said curve, to the right, having a radius of 580.00 feet and a central angle of 31 degrees 54 minutes 36 seconds, a distance of323.02 feet to a point on the said northwesterly reserved rightMof-way line; Thence northeasterly upon said reserved right-of-way line, North 39 degrees '50 minutes 08 seconds East, a distance of 40.20 feet to the Point of Beginning. Containing, approximately 1.07 Acres (46,434 square feet). Prepared for and on behalf of: The Town of Marana : Document Not : : For Recording : 1_______________1 Prepared by: PSOMAS Project No. 03081-04 EXHIBIT B CAWCD NO. 06-046A POINT OF COMMENCEMENT NW CORNER SEC. 6 ~, ~ ___ "~S~ALE ~.~~. , , ~ / ~0 O~ -\ /~ ^'~ ^' v 'Y- ~ 'Y- '\ ~-t~/'V0 ~ v 0 " o ~CJ < (j" ^'" Q:= ()~ <Q ~ ~ <fa'" o v 15> co<D 0"/.'Y- ~ ^' v" ~vS <v Q)v ~0 CJ~ 000 , '~" "'~,. " "', ~' '-' '''- " ----- ---- POINT OF BEGINNING 421 - - - -------- -- ~ .------------------------~ : DOCUMENT NOT : : FOR RECORDING : L________________________, PSOMAS CONSTRUCTION LAND USE LICENSE EXHIBIT "B" PORTION OF NW 1/4 SECTION 6 TOWNSHIP 12 SOUTH, RANGE 12 EAST GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA 03081 - 04 DATE: 01/11/07. DRAWN 8Y: 8.8. Page 2 OF 2 CAWCD # 06-046A EXHIBIT C 1. The Grantee shall comply with all applicable federal, state and local air quality regulations. 2. The Grantee shall submit to the District's Environmental Compliance Program Administrator, Mr. Tom Curry, at (623) 869-2353, a Pima County earth moving permit, if applicable. This permit must be received and approved by the District prior to execution of this License. The permit shall be made available at the License Area construction site to representatives of the District. 3. The Grantee shall not exceed 35 mph on CAP-controlled property. 4. Grantee shall provide dust stabilization measures on any portions of CAP operations and maintenance roads used by Grantee under this License. The Grantee shall conduct all activity, including maintaining compaction where pulverization has occurred on CAP-controlled property, so as to comply with dust control regulations. Exhibit "8" CAWCD #06-0468 CENTRAL ARIZONA WATER CONSERVATION DISTRICT CENTRAL ARIZONA PROJECT CONSTRUCTION PERIOD LAND USE LICENSE FOR A 12-INCH WATER LINE TANGERINE FARMS ROAD, MARANA, ARIZONA TOWN OF MARAN A The CENTRAL ARIZONA WATER CONSERVATION DISTRICT, a multi-county water conservation district, created, organized, and existing under and by virtue ofthe laws of the State of Arizona, "District," who has assumed the responsibility for the care, operation, maintenance, and management of certain transferred works of the Central Arizona Project from the United States of America, who holds title to such works, and under the terms and conditions of those certain agreements between the United States and the District for the care, operation, maintenance, and management of the transferred works, hereby grants to TOWN OF MARANA, its agents, contractors, successors and assigns,"Grantee", the right to access CAP property to install a 12-inch Water Line on property acquired for the Central Arizona Project, as described in Article 1, and subject to the terms and conditions as set forth below: 1. The term of this License shall be for a construction period of two (2) year, from January 29, 2007 to January 29, 2009. This License may be renewed for an additional six months, conditional upon receipt and approval of a written request from the Grantee at least thirty (30) days prior to the termination date. This License has been approved for an area of approximately 1.07 acres. The License area is described in Exhibit A and shown on Exhibit 8 attached and made a part of the License. 2. The Grantee agrees to pay all administrative costs (including overhead) associated with this project which are incurred by the District, its agents, contractors, successors and assigns. Payment is due within thirty (30) days of the date of invoice. a. The Grantee shall pay a late payment charge on charges that are received after the due date. The late payment charge percentage rate calculated by the United States Department of the Treasury and published quarterly in the Federal Reqister shall be used; provided, that the late payment charge percentage rate shall not be less than 0.5 percent per month. The late payment charge percentage rate applied on an overdue payment shall remain in effect until payment is received. The late payment rate for a thirty-day period shall be determined on the day immediately following the due date and shall be applied to the overdue payment for any portion of the thirty- day period of delinquency. In the case of partial late payments, the amount received shall first be applied to the late charge on the overdue payment and then to the overdue payment. 1 b. Payment of all administrative costs must be received before the District will issue an acceptance letter. 3. The Grantee agrees to deliver to the District "As-Built" drawings of a quality meeting accepted industry standards within ninety (90) days after completion of Grantee's construction project under this License. Such drawings shall be received and approved by the District before the District will issue an acceptance letter. 4. There is reserved to the United States and the District, their successors and assigns, the prior right to use any of the property herein described to construct, operate, and maintain all structures and facilities, including but not limited to, canals, waste ways, laterals, ditches, roadways, electrical transmission lines, communication structures, substations, switch yards, power plants, and any other facilities without any payment made by the United States or the District or their successors for such rights. 5. There is also reserved to the United States and the District the right of their officers, agents, employees, licensees and permittees, at all proper times and places, freely to have ingress to, passage over, and egress from all of said lands for the purpose of exercising, enforcing and protecting the rights reserved herein. 6. The United States and the District reserve the right to inspect all operations of the Grantee or its assigns under the terms of this License both during the progress of the work and upon completion thereof. 7. The Grantee shall indemnify and hold harmless the United States, the District, and their officers, directors, employees, agents and assigns from any loss or damage and from any liability on account of personal injury, property damage, or claims for personal injury or death arising out of the Grantee's activities under this License, including liability arising under Article 17e. Grantee shall procure and maintain during the term ofthis License and any extensions thereof, work insurance purchased from an "A" rated or better insurer, or equivalent self insurance, with the following specified limits: a. Workers Compensation insurance as required by Arizona law, and Workers Compensation Employer's Liability insurance in the amount of One Million Dollars ($1,000,000.) b. Commercial General Liability insurance including contractual liability with the following limit: Bodily Injury and Property Damage Liability Insurance with limits of One Million Dollars ($1,000,000) per occurrence. c. Business Automobile Liability Insurance with a limit of One Million Dollars ($1,000,000) per occurrence. d. Umbrella Liability Insurance with a limit of One Million Dollars ($1,000,000). 2 Grantee shall name the United States and the District as additional insureds on the specified insurance and provide the District with a valid Certificate of Insurance or equivalent proof of self-insurance, prior to execution of this License. 8. The Grantee shall assume responsibility and/or liability for any and all damages to the Central Arizona Project structures and facilities and to any other property of the United States or the District, or any property under the control or custody of the United States or the District, their agents and assigns, that may be caused by the construction, operation, and maintenance of the Grantee's facilities or the Grantee's uses under this License. 9. The District reserves the right to stop any construction work of the Grantee within the License Area if, after inspection, the District determines: a. that unsafe conditions exist which may jeopardize the safety of the District, the Grantee, or the public, or b. that proceeding with construction work is likely to physically damage structures or property managed or controlled by the District. 10. The Grantee shall review and comply with the safety regulations of the United States Bureau of Reclamation's 2001 publication, "Reclamation Safety and Health Standards," while working within the License Area. Contact the District, Karen Ayotte at (623) 869-2242 for a copy of this publication. The Grantee shall also follow District safety policies when requested to do so. 11. The Grantee shall appoint a Safety Representative for any work performed pursuant to this License. This Safety Representative shall be competent, experienced, and knowledgeable in supervision of the safety aspects for any work performed pursuant to this License. Morris Reyna at (520) 850-4608 is Grantee's appointed Safety Representative pursuant to this Article. Grantee shall subsequently notify the District in writing if a different Safety Representative is appointed or if there are changes in the address or phone number of the Safety Representative. 12. The Grantee agrees to contact the District, Mr. Paul Zellmer at (623) 869-2671: a. at least two weeks prior to beginning construction under this License, to make arrangements for inspection personnel and for access to the License Area, which includes execution of a "Hold Harmless Agreement" with the District's Protective Services Department, and b. at least two weeks prior to any digging in the License Area, to locate buried control and/or power cables. 13. The Grantee is responsible for determining that the engineering plans and specifications for their construction on the License Area meet legal, engineering and construction industry standards. The fact that the District reviews the Grantee's plans does 3 not relieve the Grantee of the requirements of this Article. Grantee accepts and shall follow the specific construction stipulations described on Exhibit C, attached and made a part of this License. 14. The Grantee at its expense shall be solely responsible to resolve any issues or disputes with interested persons, including neighborhood associations, concerning location, zoning, compatibility with existing or planned uses of adjoining lands, aesthetics or any other issues or disputes relating to Grantee's use of the License Area. 15. The Grantee shall use said premises for the purposes of construction as stated herein and Grantee agrees that in the use of said premises it shall maintain its facilities in a good and worker like manner, and shall insure compliance with all laws, regulations, and orders . of the United States affecting such operations, and with the laws of the State of Arizona, and with the laws and regulations of any other applicable governmental body along with directives of the District affecting such operations. 16. Upon termination of this License, the Grantee shall, at its sole expense, remove any temporary structures or equipment and restore the site to the satisfaction of the District. 17. The Grantee shall comply with all applicable federal, state, and local laws and regulations, and United States Bureau of Reclamation's policies and instructions, existing or hereafter enacted or promulgated, concerning any hazardous material that will be used, produced, transported, stored or disposed of on or in lands, waters or facilities owned by the United States or managed by the District. a. "Hazardous material" means any substance, pollutant or contaminant listed as hazardous underthe 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. b. The Grantee shall not allow contamination of lands, waters or facilities owned by the United States or administered and managed by the District by hazardous materials, thermal pollution, solid waste, refuse, garbage, sewage effluent, industrial waste (including, but not limited to product containers, surface preparation abrasives and residues, and coatings, paints and primers), petroleum products, mine tailings, mineral salts, pesticides (including, but not limited to, the misuse of pesticides), pesticide containers or any other pollutants. c. The Grantee shall report to the District immediately any event, which mayor does result in pollution or contamination adversely affecting lands, water or facilities owned by the United States or managed by the District. If the occurrence involves water pollution or contamination, the District's Water Control Center must be contacted immediately at (623) 869-2530; if the occurrence involves land pollution or contamination, the District's Environmental Compliance Program Supervisor, Mr. Tom Curry, must be contacted immediately at (623) 869-2353. 4 d. The Grantee shall appoint an Environmental Representative for any work performed pursuant to this License. This Environmental Representative shall be competent, experienced, and knowledgeable in supervision of the environmental aspects, including environmental hazard aspects, for any work performed pursuant to this License. Jennifer Christelman at (520) 382-2600 is Grantee's appointed Environmental Representative pursuant to this Article. Grantee shall subsequently notify the District in writing if a different Environmental Representative is appointed or if there are changes in the address or phone number of the Environmental Representative. e. Violation of any of the provisions of Article 17 shall constitute grounds for immediate termination of this License and shall make the Grantee liable for the cost of full and complete remediation and/or restoration of any Federal resources or facilities that are adversely affected lands, water or facilities owned by the United States or managed by the District. 18. The Grantee agrees to include the provisions contained in Article 17 of this License in any subcontract or third-party contract it may enter into pursuant to this License. The District agrees to provide information necessary for the Grantee, using reasonable diligence, to comply with the provisions of Article 17. 19. The provisions of this License shall apply to and bind the successors and assigns of the Parties hereto, but no assignment shall be valid until approved by the District. 20. This License is subject to the provisions of Executive Order No. 11246 of September 24, 1965, as amended, which sets forth the Equal Opportunity and Affirmative Action clauses. A copy of this order may be obtained from the United States Bureau of Reclamation, Lower Colorado Region, Regional Director, P.O. Box 61470, Boulder City, Nevada 89006-1470. 21. This License shall terminate at or upon: a. the discretion of the United States or the District. b. completion of construction, delivery of "As-Builts" drawings to the District, and payment of administrative costs and any other applicable costs to the District, if these actions occur prior to License expiration date. c. expiration of the term as provided in Article 1. d. violation of the covenants set out herein. e. official abandonment of License Area by Grantee or its successors or assigns. f. failure of the Grantee to use this License for the purpose granted herein, or for nonuse of this License for any continuous six (6) month period. 5 22. In the event Grantee holds over any lands, tenements or other real property after termination of the time for which such lands, tenements or other real property were licensed to Grantee, and after demand in writing for the possession thereof by the District, Grantee shall be deemed to be guilty of forcible detainer as defined in AR.S. Section 12-1171 et seQ. In addition to such other remedies as the District may have under law or this License, the District may bring an action for possession of the licensed property under AR.S. Section 12-1171 et seQ. Solely for the purpose of any such action by the District, the Grantee shall be considered a tenant as that term is used in AR.S. Section 12-1171 et seQ. The Grantee hereby accepts jurisdiction ofthe court acting under AR.S. Section 12-1171 et seQ. for purposes of determining possession of the property. 23. All notices required or permitted to be given hereunder shall be in writing and may be given in person, by facsimile transmission, or by United States mail postage prepaid, and shall become effective at the earliest of actual receipt by the Party to whom notice is given, delivered to the designated address of the Party, or if mailed, forty-eight (48) hours after deposit in the United States mail addressed as shown below or to such other address as such Party may from time to time designate in writing. If to the District: Central Arizona Water Conservation District PO Box 43020 Phoenix, Arizona 85080-3020 Attention: Thomas Fitzgerald Land Administrator If to the Grantee: Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 Attention: Myrlene Francis 24. Any claim, controversy or dispute arising out of this License shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Maricopa County. There shall be no discovery other than the exchange of information, which is provided to the arbitrator by the parties. The arbitrator shall have the authority only to award compensatory damages and shall not have authority to award punitive damages or other noncompensatory damages; the parties hereby waive all rights to and claims for monetary awards other than compensatory damages. 25. Notwithstanding Article 24, should any litigation, including any forcible detainer action brought under Article 22, be commenced between the Parties concerning any provisions contained herein, or the rights or duties of any person in relation thereto, the prevailing Party in any such Court or proceedings shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorneys' fees in such litigation as determined by the Court. 6 26. If any term of this License is found to be void or invalid, such invalidity shall not affect the remaining terms of this License, which shall continue in full force and effect. 27. This License shall be interpreted, construed and governed by the laws of the State of Arizona. IN WITNESS WHEREOF, the District has caused this License to be executed this day of Central Arizona Water Conservation District, "District" By: David S. "Sid" Wilson, Jr. Its: General Manager Town of Marana, "Grantee" By: Keith Brann Its: Town Engineer 7 ACKNOWLEDGEMENT State of Arizona ) ) ~ County of Maricopa ) On this day of , before me personally appeared David S. "Sid" Wilson, Jr., to me known to be the person described in and who executed the foregoing instrument and acknowledged to me that he executed the same as his free act and deed. Notary Public in and for the County of Maricopa, State of Arizona My Commission Expires State of Arizona ) )~ ) County of Pima On this day of , before me personally appeared Keith Brann, to me known to be the person described in and who executed the foregoing instrument and acknowledged to me that he executed the same as his free act and deed. Notary Public in and for the County of Pima, State of Arizona My Commission Expires 8 EXHIBIT A CAWCD NO. 06-046B PAGE 1 OF 1 January 15,2007 Construction Land Use License Description A portion of a parcel of land located in the northwest one-quarter of Section 6, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, as recorded in Docket 12881 at page 421 and Docket 8801 at page 1257, records of Pima County, Arizona, described as follows: Commencing at the nOlihwest corner of Section 6; Thence South 00 degrees 27 minutes t 4 seconds East, upon the west line of said section, a distance of 1044.05 feet to a point on the southwesterly right-of-way of Street A per Docket 12881 at page 421 and the beginning of a non-tangent curve concave to the nOltheast having a radial bearing of North 38 degrees 40 minutes 31 seconds East, said point bears North 00 degrees 27 minutes 14 seconds West, 1593.96 feet from the west quarter corner of said Section 6; Thence southeasterly upon said right-of-way, a curve to the left having a radius of 540.00 feet and a central angle of2 degrees 58 minutes 37 seconds, an arc distance of28.06 feet to the Point of Beginning, on the northwesterly reserved right-of-way line for the U.S. Department of Interior Bureau of Reclamation as described in Docket 880 I on page 1257; Thence northeasterly upon said l'ight-of-way, North 39 degrees 50 minutes 08 seconds East, a distance of 100.32 feet to a point on the northeasterly Tempormy Construction Easement of said Street A and the beginning of a non- tangent curve concave to the northeast having a radial bearing of North 34 degrees 4S minutes 21 seconds East; Thence southeasterly upon said curve, to the left having a radius of 440.00 feet and a central angle of 34 degrees 40 minutes t 7 seconds, an arc distance of 266.26 feet to a point on a tangent line; Thence easterly upon said line, South 89 degrees 54 minutes S6 seconds East, a distance of 74.92 feet to a point on the southeasterly said reserved right-of-way line; Thence southwesterly upon said right-of-way, South 39 degrees 50 minutes 08 seconds West, a distance of 180.27 feet to a point on the southwesterly Temporary Construction Easement of said Street A and the beginning of a non-tangent curve concave to the northeast having a radial bearing of North 04 degrees 04 minutes 27 seconds East; Thence nOlihwest upon said curve, to the right, having a radius of 580.00 feet and a central angle of 31 degrees 54 minutes 36 seconds, a distance of323.02 feet to a point on the said northwesterly reserved right-of-way line; Tllence northeasterly upon said reserved right-of-way line, NOIih 39 degrees 50 minutes 08 seconds East, a distance of 40.20 feet to the Point of Beginning. Containing, approximately 1.07 Acres (46,434 square feet). Prepared for and on behalf of: The Town of Marana I I 1 Document Not I : For Recortling : 1_______________1 Prepared by: PSOMAS Pl'Oject No. 0308 I -04 EXHIBIT B CAWCD NO. 06-046B POINT OF COMMENCEMENT NW CORNER SEC, 6 ~, ~ _u "~_SCALE ~"_~~' ~ ~ ~00~~ /~ ^'-" ^'-V ~ ~ ~ '\. ~.t~/rt> ~'VO'" o ~(j < 01. ^'-. 0 010 <<. {3 d- ~ 0"" ~ v 0> <oqj 0' ~ ~ ~ v. ~0 00 0 00 ~0 c..,~ 0<)0 " '~" '~~" ~ '~" ~" "" ,,'- " ------ ----- \ POINT OF BEGINNING Ll2\ - - ---------- -- ~ :"" - - OOCU"ME-NT" -No"f - - --: : FOR RECORDING : ~------------------------, PSOMAS CONSTRUCTION LAND USE LICENSE EXHIBIT "B" PORTION OF NW 1/4 SECTION 6 TOWNSHIP 12 SOUTH. RANGE 12 EAST GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA 03081-04 DATE: 01/11/07. DRAWN 8Y: 8.8. Page 2 OF 2 CAWCD # 06-046B EXHIBIT C 1. The Grantee shall comply with all applicable federal, state and local air quality regulations. 2. The Grantee shall submit to the District's Environmental Compliance Program Administrator, Mr. Tom Curry, at (623) 869-2353, a Pima County earth moving permit, if applicable. This permit must be received and approved by the District prior to execution of this License. The permit shall be made available at the License Area construction site to representatives of the District. 3. The Grantee shall not exceed 35 mph on CAP-controlled property. 4. Grantee shall provide dust stabilization measures on any portions of CAP operations and maintenance roads used by Grantee under this License. The Grantee shall conduct all activity, including maintaining compaction where pulverization has occurred on CAP-controlled property, so as to comply with dust control regulations. Exhibit "C" CAWCD #06-046C CENTRAL ARIZONA WATER CONSERVATION DISTRICT CENTRAL ARIZONA PROJECT CONSTRUCTION PERIOD LAND USE LICENSE FOR A 12-INCH SEWER LINE TANGERINE FARMS ROAD, MARAN A, ARIZONA TOWN OF MARANA The CENTRAL ARIZONA WATER CONSERVATION DISTRICT, a multi-county water conservation district, created, organized, and existing under and by virtue of the laws of the State of Arizona, "District," who has assumed the responsibility for the care, operation, maintenance, and management of certain transferred works of the Central Arizona Project from the United States of America, who holds title to such works, and under the terms and conditions of those certain agreements between the United States and the District for the care, operation, maintenance, and management of the transferred works, hereby grants to TOWN OF MARANA, its agents, contractors, successors and assigns,"Grantee", the right to access CAP property to install a 12-inch Sewer Line on property acquired for the Central Arizona Project, as described in Article 1, and subject to the terms and conditions as set forth below: 1. The term of this License shall be for a construction period of two (2) year, from January 29, 2007 to January 29, 2009. This License may be renewed for an additional six months, conditional upon receipt and approval of a written request from the Grantee at least thirty (30) days prior to the termination date. This License has been approved for an area of approximately 1.07 acres. The License area is described in Exhibit A and shown on Exhibit B attached and made a part of the License. 2. The Grantee agrees to pay all administrative costs (including overhead) associated with this project which are incurred by the District, its agents, contractors, successors and assigns. Payment is due within thirty (30) days of the date of invoice. a. The Grantee shall pay a late payment charge on charges that are received atter the due date. The late payment charge percentage rate calculated by the United States Department of the Treasury and published quarterly in the Federal Reqister shall be used; provided, that the late payment charge percentage rate shall not be less than 0.5 percent per month. The late payment charge percentage rate applied on an overdue payment shall remain in effect until payment is received. The late payment rate for a thirty-day period shall be determined on the day immediately following the due date and shall be applied to the overdue payment for any portion of the thirty- day period of delinquency. In the case of partial late payments, the amount received shall first be applied to the late charge on the overdue payment and then to the overdue payment. 1 b. Payment of all administrative costs must be received before the District will issue an acceptance letter. 3. The Grantee agrees to deliver to the District "As-Built" drawings of a quality meeting accepted industry standards within ninety (90) days after completion of Grantee's construction project under this License. Such drawings shall be received and approved by the District before the District will issue an acceptance letter. 4. There is reserved to the United States and the District, their successors and assigns, the prior right to use any of the property herein described to construct, operate, and maintain all structures and facilities, including but not limited to, canals, waste ways, laterals, ditches, roadways, electrical transmission lines, communication structures, substations, switch yards, power plants, and any other facilities without any payment made by the United States or the District or their successors for such rights. 5. There is also reserved to the United States and the District the right of their officers, agents, employees, licensees and permittees, at all proper times and places, freely to have ingress to, passage over, and egress from all of said lands for the purpose of exercising, enforcing and protecting the rights reserved herein. 6. The United States and the District reserve the right to inspect all operations of the Grantee or its assigns under the terms of this License both during the progress of the work and upon completion thereof. 7. The Grantee shall indemnify and hold harmless the United States, the District, and their officers, directors, employees, agents and assigns from any loss or damage and from any liability on account of personal injury, property damage, or claims for personal injury or death arising out of the Grantee's activities under this License, including liability arising under Article 17 e. Grantee shall procure and maintain during the term of this License and any extensions thereof, work insurance purchased from an "A" rated or better insurer, or equivalent self insurance, with the following specified limits: a. Workers Compensation insurance as required by Arizona law, and Workers Compensation Employer's Liability insurance in the amount of One Million Dollars ($1,000,000.) b. Commercial General Liability insurance including contractual liability with the following limit: Bodily Injury and Property Damage Liability Insurance with limits of One Million Dollars ($1,000,000) per occurrence. c. Business Automobile Liability Insurance with a limit of One Million Dollars ($1,000,000) per occurrence. d. Umbrella Liability Insurance with a limit of One Million Dollars ($1,000,000). 2 Grantee shall name the United States and the District as additional insureds on the specified insurance and provide the District with a valid Certificate of Insurance or equivalent proof of self-insurance, prior to execution of this License. 8. The Grantee shall assume responsibility and/or liability for any and all damages to the Central Arizona Project structures and facilities and to any other property of the United States or the District, or any property under the control or custody of the United States or the District, their agents and assigns, that may be caused by the construction, operation, and maintenance of the Grantee's facilities or the Grantee's uses under this License. 9. The District reserves the right to stop any construction work of the Grantee within the License Area if, after inspection, the District determines: a. that unsafe conditions exist which may jeopardize the safety of the District, the Grantee, or the public, or b. that proceeding with construction work is likely to physically damage structures or property managed or controlled by the District. 10. The Grantee shall review and comply with the safety regulations of the United States Bureau of Reclamation's 2001 publication, "Reclamation Safety and Health Standards," while working within the License Area. Contact the District, Karen Ayotte at (623) 869-2242 for a copy of this publication. The Grantee shall also follow District safety policies when requested to do so. 11. The Grantee shall appoint a Safety Representative for any work performed pursuant to this License. This Safety Representative shall be competent, experienced, and knowledgeable in supervision of the safety aspects for any work performed pursuant to this License. Morris Reyna at (520) 850-4608 is Grantee's appointed Safety Representative pursuant to this Article. Grantee shall subsequently notify the District in writing if a different Safety Representative is appointed or if there are changes in the address or phone number of the Safety Representative. 12. The Grantee agrees to contact the District, Mr. Paul Zellmer at (623) 869-2671: a. at least two weeks prior to beginning construction under this License, to make arrangements for inspection personnel and for access to the License Area, which includes execution of a "Hold Harmless Agreement" with the District's Protective Services Department, and b. at least two weeks prior to any digging in the License Area, to locate buried control and/or power cables. 13. The Grantee is responsible for determining that the engineering plans and specifications for their construction on the License Area meet legal, engineering and construction industry standards. The fact that the District reviews the Grantee's plans does 3 not relieve the Grantee of the requirements of this Article. Grantee accepts and shall follow the specific construction stipulations described on Exhibit C, attached and made a part of this License. 14. The Grantee at its expense shall be solely responsible to resolve any issues or disputes with interested persons, including neighborhood associations, concerning location, zoning, compatibility with existing or planned uses of adjoining lands, aesthetics or any other issues or disputes relating to Grantee's use of the License Area. 15. The Grantee shall use said premises for the purposes of construction as stated herein and Grantee agrees that in the use of said premises it shall maintain its facilities in a good and worker like manner, and shall insure compliance with all laws, regulations, and orders of the United States affecting such operations, and with the laws of the State of Arizona, and with the laws and regulations of any other applicable governmental body along with directives of the District affecting such operations. 16. Upon termination of this License, the Grantee shall, at its sole expense, remove any temporary structures or equipment and restore the site to the satisfaction of the District. 17. The Grantee shall comply with all applicable federal, state, and local laws and regulations, and United States Bureau of Reclamation's policies and instructions, existing or hereafter enacted or promulgated, concerning any hazardous material that will be used, produced, transported, stored or disposed of on or in lands, waters or facilities owned by the United States or managed by the District. a. "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.SS 9601, et seQ., and the regulations promulgated pursuant to that Act. b. The Grantee shall not allow contamination of lands, waters or facilities owned by the United States or administered and managed by the District by hazardous materials, thermal pollution, solid waste, refuse, garbage, sewage effluent, industrial waste (including, but not limited to product containers, surface preparation abrasives and residues, and coatings, paints and primers), petroleum products, mine tailings, mineral salts, pesticides (including, but not limited to, the misuse of pesticides), pesticide containers or any other pollutants. c. The Grantee shall report to the District immediately any event, which mayor does result in pollution or contamination adversely affecting lands, water or facilities owned by the United States or managed by the District. If the occurrence involves water pollution or contamination, the District's Water Control Center must be contacted immediately at (623) 869-2530; if the occurrence involves land pollution or contamination, the District's Environmental Compliance Program Supervisor, Mr. Tom Curry, must be contacted immediately at (623) 869-2353. 4 d. The Grantee shall appoint an Environmental Representative for any work performed pursuant to this License. This Environmental Representative shall be competent, experienced, and knowledgeable in supervision of the environmental aspects, including environmental hazard aspects, for any work performed pursuant to this License. Jennifer Christel man at (520) 382-2600 is Grantee's appointed Environmental Representative pursuant to this Article. Grantee shall subsequently notify the District in writing if a different Environmental Representative 'is appointed or if there are changes in the address or phone number of the Environmental Representative. e. Violation of any of the provisions of Article 17 shall constitute grounds for immediate termination of this License and shall make the Grantee liable for the cost of full and complete remediation and/or restoration of any Federal resources or facilities that are adversely affected lands, water or facilities owned by the United States or managed by the District. 18. The Grantee agrees to include the provisions contained in Article 17 of this License in any subcontract or third-party contract it may enter into pursuant to this License. The District agrees to provide information necessary for the Grantee, using reasonable diligence, to comply with the provisions of Article 17. 19. The provisions of this License shall apply to and bind the successors and assigns of the Parties hereto, but no assignment shall be valid until approved by the District. 20. This License is subject to the provisions of Executive Order No. 11246 of September 24, 1965, as amended, which sets forth the Equal Opportunity and Affirmative Action clauses. A copy of this order may be obtained from the United States Bureau of Reclamation, Lower Colorado Region, Regional Director, P.O. Box 61470, Boulder City, Nevada 89006-1470. 21. This License shall terminate at or upon: a. the discretion of the United States or the District. b. completion of construction, delivery of "As-Builts" drawings to the District, and payment of administrative costs and any other applicable costs to the District, if these actions occur prior to License expiration date. c. expiration of the term as provided in Article 1. d. violation of the covenants set out herein. e. official abandonment of License Area by Grantee or its successors or assigns. f. failure of the Grantee to use this License for the purpose granted herein, or for nonuse of this License for any continuous six (6) month period. 5 22. In the event Grantee holds over any lands, tenements or other real property after termination of the time for which such lands, tenements or other real property were licensed to Grantee, and after demand in writing for the possession thereof by the District, Grantee shall be deemed to be guilty of forcible detainer as defined in AR.S. Section 12-1171 et seq. In addition to such other remedies as the District may have under law or this License, the District may bring an action for possession of the licensed property under AR.S. Section 12-1171 et seq. Solely for the purpose of any such action by the District, the Grantee shall be considered a tenant as that term is used in A.R.S. Section 12-1171 et seq. The Grantee hereby accepts jurisdiction of the court acting under AR.S. Section 12-1171 et seq. for purposes of determining possession of the property. 23. All notices required or permitted to be given hereunder shall be in writing and may be given in person, by facsimile transmission, or by United States mail postage prepaid, and shall become effective at the earliest of actual receipt by the Party to whom notice is given, delivered to the designated address of the Party, or if mailed, forty-eight (48) hours after deposit in the United States mail addressed as shown below or to such other address as such Party may from time to time designate in writing. If to the District: Central Arizona Water Conservation District PO Box 43020 Phoenix, Arizona 85080-3020 Attention: Thomas Fitzgerald Land Administrator If to the Grantee: T own of Marana 11555 W. Civic Center Drive Marana, AZ 85653 Attention: Myrlene Francis 24. Any claim, controversy or dispute arising out of this License shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Maricopa County. There shall be no discovery other than the exchange of information, which is provided to the arbitrator by the parties. The arbitrator shall have the authority only to award compensatory damages and shall not have authority to award punitive damages or other noncompensatory damages; the parties hereby waive all rights to and claims for monetary awards other than compensatory damages. 25. Notwithstanding Article 24, should any litigation, including any forcible detainer action brought under Article 22, be commenced between the Parties concerning any provisions contained herein, or the rights or duties of any person in relation thereto, the prevailing Party in any such Court or proceedings shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorneys' fees in such litigation as determined by the Court. 6 26. If any term of this License is found to be void or invalid, such invalidity shall not affect the remaining terms of this License, which shall continue in full force and effect. 27. This License shall be interpreted, construed and governed by the laws of the State of Arizona. IN WITNESS WHEREOF, the District has caused this License to be executed this day of Central Arizona Water Conservation District, "District" By: David S. "Sid" Wilson, Jr. Its: General Manager Town of Marana, "Grantee" By: Keith Brann Its: Town Engineer 7 ACKNOWLEDGEMENT State of Arizona ) ) 9 County of Maricopa ) On this day of , before me personally appeared David S. "Sid" Wilson, Jr., to me known to be the person described in and who executed the foregoing instrument and acknowledged to me that he executed the same as his free act and deed. Notary Public in and for the County of Maricopa, State of Arizona My Commission Expires State of Arizona ) )9 ) County of Pima On this day of , before me personally appeared Keith Brann, to me known to be the person described in and who executed the foregoing instrument and acknowledged to me that he executed the same as his free act and deed. Notary Public in and for the County of Pima, State of Arizona My Commission Expires 8 EXHIBIT A CAWCD NO. 06-046C PAGE 1 OF 1 January 15, 2007 Construction Land Use License Description A portion of a parcel of land located in the northwest one-quarter of Section 6, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, as recorded in Docket 12881 at page 421 and Docket 8801 at page 1257, records of Pima County, Arizona, described as follows: Commencing at the northwest corner of Section 6; Thence South 00 degrees 27 minutes 14 seconds East, upon the west line of said section, a distance of 1044.05 feet to a point on the southwesterly right-of-way of Street A per Docket 12881 at page 421 and the beginning of a non-tangent curve concave to the nOltheast having a radial bearing of North 38 degrees 40 minutes 31 seconds East, said point bears North 00 degrees 27 minutes 14 seconds West, 1593.96 feet from the west quarter corner of said Section 6; Thence southeasterly upon said right-of-way, a curve to the left having a radius of 540.00 feet and a central angle of 2 degrees 58 minutes 37 seconds, an arc distance of28.06 feet to the Point of Beginning, on the northwesterly reserved right-of-way line for the U.S. Department of Interior Bureau of Reclamation as described in Docket 880 I on page 1257; Thence northeasterly upon said right-of-way, North 39 degrees 50 minutes 08 seconds East, a distance of 100.32 feet to a point on the nOltheasterly Temporary Construction Easement of said Street A and the beginning of a non- tangent curve concave to the northeast having a radial bearing of North 34 degrees 45 minutes 21 seconds East; Thence southeasterly upon said curve, to the left having a radius of 440.00 feet and a central angle of 34 degrees 40 minutes 17 seconds, an arc distance of 266.26 feet to a point on a tangent line; Thence easterly upon said line, South 89 degrees 54 minutes 56 seconds East, a distance of 74.92 feet to a point on the southeasterly said reserved right-of-way line; Thence southwesterly upon said right-of-way, South 39 degrees 50 minutes 08 seconds West, a distance of 180.27 feet to a point on the southwesterly Temporary Construction Easement of said Street A and the beginning of a non-tangent curve concave to the northeast having a radial bearing of NOlth 04 degrees 04 minutes 27 seconds East; Thence nOlthwest upon said curve, to the right, having a radius of 580.00 feet and a central angle of 31 degrees 54 minutes 36 seconds, a distance of 323 .02 feet to a point on the said nOlthwesterly reserved right-of-way line; Thence northeasterly upon said reserved right-of-way line, North 39 degrees 50 minutes 08 seconds East, a distance of 40.20 feet to the Point of Beginning. Containing, approximately 1.07 Acres (46,434 square feet). Prepared for and on behalf of: The Town of Marana ..--------------- 1 I 1 Document Not I : For Recording : 1______---______1 Prepared by: PSOMAS Project No. 03081-04 EXHIBIT B CAWCD NO. 06-046C . ----- POINT OF COMMENCEMENT NW CORNER SEC. 6 ~, ~ ____ "~_S~ALE ~"_~~' ~ ~ ------ POINT OF BEGINNING - - --------- L121 -- ~ :- - - - DOCU-ME-NT - "No"i - - --: : FOR RECORDING : L_______________________~, PSOMAS CONSTRUCTION LAND USE LICENSE EXH IBIT "B," PORTION OF NW 1/4 SECTION 6 TOWNSHIP 12 SOUTH, RANGE 12 EAST GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA 03081-04 DATE: 01/11/07 . DRAWN 8Y: 8.8. Page 2 or 2 CAWCD # 06-046C EXHIBIT C 1. The Grantee shall comply with all applicable federal, state and local air quality regulations. 2. The Grantee shall submit to the District's Environmental Compliance Program Administrator, Mr. Tom Curry, at (623) 869-2353, a Pima County earth moving permit, if applicable. This permit must be received and approved by the District prior to execution of this License. The permit shall be made available at the License Area construction site to representatives of the District. 3. The Grantee shall not exceed 35 mph on CAP-controlled property. 4. Grantee shall provide dust stabilization measures on any portions of CAP operations and maintenance roads used by Grantee under this License. The Grantee shall conduct all activity, including maintaining compaction where pulverization has occurred on CAP-controlled property, so as to comply with dust control regulations.