2026-10-21_ - PC 2619 -10.15.2026_SRP FINAL_MAINTENANCE_AGREEMENT_TT0557_BROADWAY_BRIDGES_WITH_EXHIBIT.PDF

Docusign Envelope ID: DA45B60B-41B7-822D-8087-D9DA44514369
MAINTENANCE AGREEMENT BETWEEN MARICOPA COUNTY
AND THE SALT RIVER PROJECT AGRICULTURAL
IMPROVEMENT AND POWER DISTRICT (SRP)
FOR THE MAINTENANCE OF SRP IRRIGATION VALVES LOCATED
AT THE BROADWAY ROAD BRIDGES AT THE TEMPE CANAL
(TT0557)
This Maintenance Agreement (Agreement) is between Maricopa County, a political subdivision
of the State of Arizona (County), and the Salt River Project Agricultural Improvement and Power
District, a political subdivision of the State of Arizona (SRP). The County and SRP are collectively
referred to as the Parties or individually as a Party.
AUTHORIZATION
1. The County is authorized, pursuant to Arizona Revised Statutes (A.R.S.) § 11-251 and
28-6701 et seq., to lay out, maintain, control, and manage public roads within the County.
2. SRP is authorized to enter into and engage in the activities described in this Agreement
under various authorities, including the Agreement between the United States and SRP
dated September 6, 1917 and as an agricultural improvement district organized and
existing under the laws of the state of Arizona and a corporation formed under territorial
laws of Arizona.
BACKGROUND
3. The County has a Transportation Improvement Project TT0557 to replace two bridges
over the Tempe Canal, just east of Loop 101 on Broadway Road (Project). The Project is
currently in construction.
4. There are existing SRP irrigation valves that are located within the Project area, that are
owned, operated and maintained by SRP, as depicted in Exhibit A, which is attached to
this Agreement and incorporated by reference. The Project will result in concrete/asphalt
slabs being placed over the access to the irrigation valves.
5. Due to impacts to the Project, relocation of the valves is not possible. Therefore, the
Parties desire to enter into an agreement to describe maintenance responsibilities for the
SRP irrigation valves within the Project area.
6. The County may facilitate a future Transportation Improvement Project to address future
and ongoing access to the SRP irrigation valves. In the instance of such a project, the
County shall act as Lead Agency and SRP shall review and provide comments on design

Docusign Envelope ID: DA45B60B-41B7-822D-8087-D9DA44514369
plans. A separate Intergovernmental Agreement may be needed to address the Parties’
responsibilities.
PURPOSE OF THE AGREEMENT
7. The purpose of this Agreement is to identify and define the responsibilities of the Parties
for the maintenance, operation, liability and cost-sharing of the SRP irrigation valves
located within the Project area.
TERMS OF THE AGREEMENT
8. Responsibilities of the County:
8.1. In the event of required maintenance, provide permits to SRP through the standard
MCDOT permitting process.
8.2. In the event of required or emergency maintenance, assume one hundred percent
(100%) of the costs associated with the removal, disposal, and replacement of the
concrete/asphalt slabs placed over the access to the irrigation valves.
8.3. In the event of required or emergency maintenance, assume forty percent (40%)
of the costs associated with the traffic safety precautions for the removal and
replacement of the concrete/asphalt slabs placed over the access to the irrigation
valves.
8.4. Remit payment to SRP the balance of any sums due pursuant to Paragraphs 8.2
and 8.3 hereof within thirty (30) days of receipt of an itemized invoice from SRP.
9. Responsibilities of SRP:
9.1. Allow the County to continue with their Project without a relocation of the SRP
irrigation valves.
9.2. Provide the necessary labor and equipment to maintain, repair and/or replace the
irrigation valves.
9.3. Be responsible for the costs associated with labor, material, equipment, and
permits used in performance of required and emergency maintenance, with the
exception of the costs pursuant to Paragraphs 8.2 and 8.3.
9.4. In the event of required maintenance, apply for necessary permits from the County.
While performing repairs or maintenance, provide appropriate traffic safety control
per the current standard at the time of the maintenance or repair event.
9.5. In case of emergency affecting the irrigation valves or related SRP facilities, SRP
shall utilize its County Annual Emergency Permit to perform work. SRP shall in all
cases provide appropriate traffic safety precautions.

Docusign Envelope ID: DA45B60B-41B7-822D-8087-D9DA44514369
9.6. After maintenance work has been completed, provide the County with an itemized
invoice of all sums due pursuant to Paragraphs 8.2 and 8.3 hereof.
9.7. Keep the records and accounts for any work performed within the Project area
available for examination for a period of not less than two years from the date final
payment has been received by SRP.
GENERAL TERMS AND CONDITIONS
10. To the extent permitted by law, SRP will indemnify, defend, and hold the County harmless,
including any of the County’s departments, agencies, officers, employees, elected
officials, or agents, from and against all liability, loss, expense, damage or claim of any
nature whatsoever that is caused by any activity, condition or event arising out of the
negligence, willful misconduct, or breach by SRP, its agents, or contractors, of any of the
provisions of this Agreement, including but not limited to injuries or death of persons or
damages to or destruction of property; provided, however, that SRP's indemnification
obligations under this section shall not apply to the extent that any such liability, loss,
expense, damage or claim is caused by the negligence or willful misconduct of the County,
its agents, or contractors. In the event of an action, the damages that are the subject of
this indemnity shall include costs, expenses of litigation, and reasonable attorney fees.
To the extent permitted by law, the County will indemnify, defend, and hold SRP, the United
States of America and the Salt River Valley Water Users’ Association, including any of and
each and every one of the members of their respective governing bodies, their officers,
agents and employees, harmless from and against all liability, loss, expense, damage or
claim of any nature whatsoever that is caused by any activity, condition or event arising
out of the negligence, willful misconduct, or breach by the County, its agents, or
contractors, of any of the provisions of this Agreement, including but not limited to injuries
or death of persons or damages to or destruction of property; provided, however, that the
County's indemnification obligations under this section shall not apply to the extent that
any such liability, loss, expense, damage or claim is caused by the negligence or willful
misconduct of SRP its agents, or contractors. In the event of an action, the damages that
are the subject of this indemnity shall include costs, expenses of litigation, and reasonable
attorney fees.
11. This Agreement shall become effective as of the date it is executed by all the governing
bodies of the Parties and shall remain in full force and effect for ten (10) years, or until all
responsibilities of the Parties in this Agreement have been completed. Any and all
obligations of maintenance hereunder shall remain perpetual and shall survive any
termination hereof and the assignment or assumption of this Agreement or the Project by
another competent jurisdiction or entity. Any property acquired in performance of this
Agreement shall remain the property of the Party in possession at termination of the
Agreement.
12. The Background paragraphs are considered material and incorporated into the terms of
this Agreement by reference.
13. This Agreement may be amended only upon written agreement by all Parties.

Docusign Envelope ID: DA45B60B-41B7-822D-8087-D9DA44514369
14. This Agreement is subject to the provisions of A.R.S. § 38-511.
15. It shall be a material breach of this Agreement for a Party to fail to observe or perform any
of the material covenants, conditions or provisions of this Agreement, where such failure
shall continue for a period of thirty (30) calendar days after the non-defaulting Party
provides the defaulting Party with written notice of such failure; provided, however, that
such failure shall not be a Default if the defaulting Party has commenced to cure the
Default within such thirty (30) calendar day period and thereafter is diligently pursuing
such cure to completion. The total aggregate cure period shall not exceed ninety (90)
calendar days unless the Parties otherwise agree in writing. In the event of Default, the
non-defaulting Party, at its option, may terminate this Agreement without waiving any
available remedies at law or in equity.
16. All notices required under this Agreement to be given in writing shall be sent to:
Maricopa County Department of Transportation
Attn: Director
2901 West Durango Street
Phoenix, Arizona 85009
Jesse.Gutierrez@maricopa.gov
SRP
Attn: Christian Andrews, Manager Water Engineering Support
Water Engineering and Transmission, MS SSW 303
P.O. Box 52025
Phoenix, Arizona 85072-2025
Christian.Andrews@srpnet.com
All notices required or permitted by this Agreement or applicable law shall be in writing
and may be delivered by e-mail, in person (by hand or courier) or may be sent by regular
or certified mail or U.S. Postal Service Express Mail, with postage prepaid, or by
commercial delivery service performed with receipt. Any notice sent by certified mail,
return receipt requested, shall be deemed given on the date of delivery shown on the
receipt card, or if no delivery date is shown, the postmark thereon. If sent by regular mail,
the notice shall be deemed given 72 hours after the notice is addressed as required in this
paragraph and mailed with postage prepaid. Notices delivered by the United States
Express Mail or overnight delivery service that guarantees next-day delivery shall be
deemed given 24 hours after delivery of the notice to the Postal Service or courier for
delivery. Notice given by e-mail shall be deemed delivered one business day after the e-
mail was sent.
17. Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the governing body of each Party in
such fiscal year.
18. This Agreement shall be construed as a whole and under its fair meaning and without
regard to any presumption or other rule requiring construction against the Party drafting
this Agreement. If a court of competent jurisdiction finds that any provision is invalid, all
remaining provisions shall remain in full effect.

Docusign Envelope ID: DA45B60B-41B7-822D-8087-D9DA44514369
19. No waiver of any term of this Agreement shall be deemed to be a continuing waiver of
such term.
20. Except as otherwise provided in this Agreement, all covenants, agreements,
representations, and warranties outlined in this Agreement, or any certificate or instrument
executed or delivered according to this Agreement shall survive the expiration or earlier
termination of this Agreement for a period of one (1) year.
21. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute the same instrument. Electric
signatures are acceptable as original signatures.
22. The Parties will execute and deliver to each other such other instruments and documents
as may be reasonably necessary to fulfill the covenants and obligations to be performed
by such Party according to this Agreement.
23. The venue for any claim arising out of or in any way related to this Agreement shall be
Phoenix, Arizona.
24. This Agreement shall be governed by the laws of the State of Arizona.
End of Agreement - Signature Pages Follow

IN WITNESS WHEREOF, the Parties have executed this Agreement.
SALT RIVER PROJECT AGRICULTURAL
IMPROVEMENT AND POWER DISTRICT
BY:
Lynn Allen, Director Water Engineering & Date
Transmission

Docusign Envelope ID: DA45B60B-41B7-822D-8087-D9DA44514369
IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
9/21/2026
Jesse Gutierrez, P.E. Date
Transportation Director
Approved and Accepted by:
Chair Date
Board of Supervisors
Attest by:
Clerk of the Board Date
APPROVAL OF DEPUTY COUNTY ATTORNEY
The foregoing Agreement has been reviewed pursuant to A.R.S. § 11-952 by the
undersigned Deputy County Attorney, who has determined that it is in proper form and
within the powers and authority granted to the Board of Supervisors under the laws of the
State of Arizona.
9/21/2026
Deputy County Attorney Date

Docusign Envelope ID: DA45B60B-41B7-822D-8087-D9DA44514369
20
HEREIN RIGHT THIS
BROADWAY OF SURVEYOR'S
SCALE: 0 ARE WAY DRAWING
LINES IS NOTE:
Hor: SCALE 20 APPROXIMATIONS. FOR
RD IN AND
1"=20' FEET
40 MUNICIPAL INFORMATIONAL
CITY BOUNDARIES PURPOSES
OF
SHOWN ONLY.
TEMPE
APPROXIMATE
CITY
OF ADOT
ROW
TEMPE
&
CITY
OF
TEMPE APPROXIMATE
BOUNDARY SRP
ROW
&
CITY
OF
TEMPE APPROXIMATE
BOUNDARY SRP
ROW
APPROACH
SLAB TEMPE
CANAL
ROW
MARICOPA APPROXIMATE
& COUNTY
CITY
OF APPROXIMATE APPROACH
MESA SLAB IRR
W W IRR
BOUNDARY SRP IRR
ROW
SRP SRP &
CITY
WATER MANHOLES OF APPROXIMATE
MESA CITY
VALVES SRP
BOUNDARY ROW OF
APPROXIMATE MESA
CITY
SRP CHECKED DRAWN SURVEY CITY APPROXIMATE OF
UTILITY PROJECT AT MESA
ADAM TEMPE BROADWAY OF CITY ROW
EXHIBIT NO OF
MCCARTNEY BY TT0557 CANAL BRIDGE C M MESA MESA
U N O T Y A P A O R C I ROW
1 OF SHEET 08/12/2026 DATE
1