Title
Enter into License with Salt River Project for Vehicular Ingress and Egress Driveway and Pedestrian Bridge (Ordinance S-43891)
Description
Request to authorize the City Manager, or his designee, as licensee, to enter into a revocable license with Salt River Project (SRP), as licensor, for a vehicular ingress and egress driveway, landscaping, retention, and pedestrian bridge over the Grand Canal. The license may contain other terms and conditions deemed necessary or appropriate by the City Manager or his designee. Further request authorization for the City Controller to disburse all funds related to this item.
Report
Summary
The licensed property is located at 42nd Street and the Grand Canal. The land is controlled by SRP pursuant to contracts with the United States of America. SRP has licensed the property to the City since Jan. 1, 2007, but the license expired on Dec. 31, 2016. The license allows for vehicular ingress and egress onto City-owned property, which is currently used for ground transportation staging.
SRP requested that the City grant it and the USA an exemption from Phoenix City Code Sections 42-18(A) and (B) concerning indemnification and assumption of liability by the City. In accordance with Phoenix City Code Section 42-20(B), which requires City Council approval, the City will agree to indemnify, release, and hold harmless SRP and the USA for (1) acts or omissions of the City and its agents, officers, directors, or employees, (2) the City's use or occupancy of the licensed property for the purposes contemplated by the license, including claims by third parties who are invited or permitted onto the licensed property, expressed or implied, by the City or by the nature of the City's improvement or other use of the licensed property, and (3) the City's failure to comply with or fulfill its obligations provided by the license or the law. The City will also provide SRP with a certificate of insurance. The City is responsible for the maintenance of the licensed property.
Contract Term
The term is 10 years starting on Jan. 1, 2017. The City or SRP may terminate the license without cause by giving a 30-day written notice.
Financial Impact
The City will pay $21,760 to SRP annually, subject to annual consumer price index adjustments over the term of the license.
Location
4215 E. Washington St.
Council District: 8
Department
Responsible Department
This item is submitted by Deputy City Manager Deanna Jonovich and the Aviation Department.