Title
Salt River Project Land Use License - Grand Canal Pathway Westwood - ST87600126 (Ordinance S-46680)
Description
Request to authorize the City Manager, or his designee, to enter into a land use license with Salt River Project (SRP) for a City of Phoenix street improvement project, ST87600126, Grand Canal Pathway Westwood. There is no financial impact to the City of Phoenix.
Report
Summary
The land use license is necessary for improvements along the Grand Canal near 23rd Avenue south of Indian School Road. The license will allow for the construction of pathway improvements, including a concrete pathway, curb, gutter, driveways, lighting, and landscaping along the Grand Canal, and will be consistent with and shall not interfere with U.S. Bureau of Reclamation fee property.
Indemnification
The SRP license agreement includes authorization pursuant to Phoenix City Code section 42-20, for waiver of Phoenix City Code section 42-18, to indemnify, release and hold harmless SRP for (A) acts of omissions of the City, its agents, officers, directors or employees; (B) the City's use of occupancy of the licensed property for the purposes contemplated by the license, including but not limited to claims by third parties who are invited or permitted onto the license property, either expressed or implied by the City or by nature of the City's improvement or other use of the licensed property pursuant to this license; and (C) the City's failure to comply with or fulfill its obligations established by the license or by laws. Per City of Phoenix Code, indemnification of another public entity requires approval from the City Council.
Contract Term
The term of the license shall be for 25 years beginning July 1, 2020, and ending June 30, 2045. The license may be renewed upon written agreement by both parties.
Financial Impact
There is no financial impact to the City of Phoenix.
Location
Grand Canal, 23rd Avenue south of Indian School Road
Council District: 4
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street Transportation Department.