Title
Salt River Project Land Use License with City of Phoenix for Private Development Project at Southwest Corner of Buckeye Road and 79th Avenue (Ordinance S-44977)
Description
Request to authorize the City Manager, or his designee, to enter into a land use license with Salt River Project (SRP) for a private development project "West 80" located at the southwest corner of Buckeye Road and 79th Avenue.
Report
Summary
The land use license is necessary to facilitate the development of the property located at the southwest corner of Buckeye Road and 79th Avenue. The license will allow the construction of right-of-way improvements, pavement, curb, gutter, sidewalk and landscaping along 79th Avenue 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 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 licensed 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 Aug. 1, 2018 and ending July 31, 2043. The license may be renewed upon written agreement by the parties.
Financial Impact
There is no financial impact for this license.
Location
Southwest corner of Buckeye Road and 79th Avenue.
Council District: 7
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street Transportation Department.