2023-03-24_MCDOT-DEACTIVATION-AGREEMENT-3-23-23-SRP-FINAL-DOCX.PDF

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DEACTIVATION AGREEMENT
 
THIS AGREEMENT is made and entered into on the last date on which the 
parties complete execution of this Deactivation Agreement, by and between MARICOPA 
COUNTY, a political subdivision of the State of Arizona, hereinafter called the 
“COUNTY,” and the Salt River Project Agricultural Improvement and Power District 
(“District”) and Salt River Valley Water Users’ Association (“Association”); collectively, 
“SRP”) 
WITNESSETH: 
 
WHEREAS, the COUNTY proposes to improve the intersection of 51st Ave and 
W. Olney Ave, which intersection, in Section 8; Township 1S; Range 2E (the 
“Intersection”), is located within existing Maricopa County Right-of-Way, and; 
WHEREAS, the improvements to the intersection, being performed in conjunction 
with Developer work at the southwest corner of the Intersection, necessitates the removal 
of SRP irrigation delivery structure 7-14.0-12 (the “Facility”) located within the 
Intersection, and; 
WHEREAS, the Facility is not presently in service; 
NOW, THEREFORE, in consideration of the mutual covenants and agreements 
hereinafter set forth, it is agreed as follows: 
1. SRP shall abandon all use of the Facility; 
2. COUNTY shall cause the removal of the Facility at the Developer’s sole 
expense as noted above; 
3. If at any time, any SRP shareholder entitled to irrigation delivery to this 
abandoned Facility demonstrates adequate capability to deliver irrigation water 
from this Facility to the property entitled to receive irrigation water delivery, as 
reasonably determined by SRP, then the COUNTY shall, upon request by SRP, 
provide an easement for, and pay all costs associated with the design and 
construction of a replacement facility sufficient to accomplish the water 
delivery to the land entitled to receive such delivery. 
4. SRP shall assume responsibility for design and construction of the replacement 
Facility, if required, at the COUNTY’S expense, and shall at all times hold the 
COUNTY harmless for any loss or damage arising out of the design, 
construction, or SRP’s use of any new replacement Facility. 
DocuSign Envelope ID: 9E84FF99-24C4-4C85-99C3-0C6AC776AC27

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3/17/2023 
5. All notices, demands or requests upon any party to this Agreement shall be in 
writing and shall be delivered or sent by mail addresses as follows: 
If to COUNTY:        COUNTY of MARICOPA  
Attention:  MARICOPA COUNTY DOT Utility 
Engineering 
Utility Engineering Branch Manager 
2901 W Durango Street 
Phoenix, AZ 85009 
 
If to SRP: 
        Salt River Project 
Water Engineering 
Mail Station: SSW303 
P.O. Box 52025 
Phoenix, Arizona 85072-2025 
 
6. This Agreement is subject to cancelation pursuant to A.R.S. § 38-511. 
 
 
 
(SIGNATURE SHEET ON NEXT PAGE) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
DocuSign Envelope ID: 9E84FF99-24C4-4C85-99C3-0C6AC776AC27

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3/17/2023 
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and 
year as stated below.  
 
 
THE COUNTY OF MARICOPA 
a political subdivision of the State of 
Arizona 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
By: ________________________ 
 
 
 
 
 
 
 
            _____________________________ 
COUNTY CLERK 
 
 
     
 
 
 
 
 
 
 
 
 
 
 
 
 
Date:  ________________________ 
APPROVED AS TO FORM:  
 
 
 
_____________________________ 
 
OFFICE OF THE COUNTY ATTORNEY 
 
 
 
 
 
 
 
 
 
COUNTY of MARICOPA 
By: Senior Assistant COUNTY Attorney 
 
 
 
SALT RIVER PROJECT AGRICULTURAL 
IMPROVEMENT AND POWER DISTRICT 
(“DISTRICT”), AND SALT RIVER WATER 
USERS’ ASSOCIATION (“ASSOCIATION”; 
COLLECTIVELY “SRP”) 
 
By _______________________   
     Robert F. Pane                   
Director Water Engineering & 
Transmission 
  
Date ________________________ 
 
DocuSign Envelope ID: 9E84FF99-24C4-4C85-99C3-0C6AC776AC27
3/23/2023