Title
Authorization to Enter Into Land Use License with Salt River Project for Public Art Located on Portions of Arizona Canals (Ordinance S-44866)
Description
Request to authorize the City Manager, or his designee, to enter into a land use license agreement with Salt River Project Agriculture Improvement & Power District (SRP) for public art located on portions of the Arizona Canal, Grand Canal and Appropriators Canal (Canals) for a 10-year term. Further request pursuant to Phoenix City Code (PCC) 42-20(B) an exemption from the indemnification prohibition set forth in PCC 42-18(A) and (B) to permit the City to indemnify, release and hold harmless SRP, the Salt River Valley Water Users' Association, and the United States of America for (a) acts or omissions of the City, its agents, officers, directors, or employees; (b) the City's use or 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 the 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 law.
Report
Summary
The license is for access, installation, and maintenance of four public art sculptures (Vessels). The Vessels are located on Federal Bureau of Reclamation right-of-way managed by SRP. The Vessels were installed in 1992 as part of the City of Phoenix Wall Cycle to Ocotillo Art Project which includes 35 sculptural pieces dispersed along a five-mile landscaped bicycle path through residential areas adjacent to State Route 51. Of the total 35 sculpture pieces, only four Vessels are located within the area covered by the license. The annual license fee of $1,000 is waived by SRP.
Contract Term
The term of the license will be 10 years, and may be terminated by either party upon receipt of a 30-day written notice.
Location
The four Vessels are located along the Canals, between Thomas Road and Glendale Avenue, off State Route 51.
Council Districts: 4 and 6
Department
Responsible Department
This item is submitted by Deputy City Manager Karen Peters, the Office of Arts and Culture, and the Finance Department.