20250827 SRP - FIRST AMNDMT (FINAL).DOCX

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FIRST AMENDMENT TO AGREEMENT 
BETWEEN 
THE CITY OF TEMPE AND 
SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT
1.
PARTIES:
This First Amendment ("First Amendment")  to the Agreement Between the City of Tempe and 
Salt River Project Agricultural Improvement District entered into this ____ day of 
_______________, 2025 is by and among the City of Tempe (“Tempe” or “City”), the Salt River 
Valley Water Users' Association, an Arizona corporation (“Association”), and the Salt River 
Project Agricultural Improvement and Power District, a political subdivision of the State of 
Arizona (“District”).  The Association and District are referred to collectively as “SRP.” Tempe and 
SRP are referred to individually as “Party” and collectively as “Parties.” 
2.
RECITALS:
This First Amendment is made with regard to the following:
2.1
Tempe and SRP entered into the Agreement on September 11, 2024, in which SRP 
provides matching funds of up to $50,000 (a maximum of $10,000 per year) to Tempe’s 
non-residential grass conservation program. The Agreement expires after five years on 
June 30, 2029. The Parties entered into the Agreement in support of both the City’s and 
SRP’s water conservation goals.
2.2
The Parties desire to amend the Agreement to increase SRP’s annual fiscal year 
contribution as of May 1, 2026, to extend the term of the Agreement, and to make other 
conforming changes.  Specifically, the Parties desire to amend Subparagraph 1.3.1.1 to 
increase SRP’s maximum contribution from $50,000 to $360,000, amend Subparagraph 
1.3.2.2 to include report data timeline, amend Subparagraph 1.3.1.4 to increase the per 
approved project maximum to $10,000, and amend Subparagraph 2.3 to extend the 
expiration date to April 30, 2035.
3. 
AGREEMENT:
NOW, THEREFORE, in consideration of the mutual covenants set forth and for good and valuable 
consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows:
4.
Amendments:
A. Subparagraph 1.3.1.1 of the Agreement is amended to state as follows:  
“1.3.1.1 From the Effective Date until April 30, 2026, SRP will provide up to $50,000 (maximum 
of $10,000 per SRP’s fiscal year (May 1 through April 30)) in Program funding to the City.  As of

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May 1, 2026, SRP will provide up to $360,000 (up to maximum of $40,000 per SRP fiscal year) in 
Program funding to the City over the remaining term of this contract;”
B.  Subparagraph 1.3.1.4 of the Agreement is amended to state as follows:
“1.3.1.4. From the Effective Date until April 30, 2026, SRP will match payments made by City, up 
to $5,000 per Approved Rebate to participating City Customers, calculated at 50% of the project 
cost, that meets the terms and conditions of the Program rules, as specified by the City and 
available at tempe.gov/rebates.  As of May 1, 2026, SRP will match payments made by City, up 
to $10,000 per Approved Rebate to participating City Customers, calculated at 50% of the 
approved project cost, that meets the terms and conditions of the Program rules, as specified by 
the City and available at tempe.gov/rebates. The payments will be processed as a reimbursement 
to the City in accordance with section 2.1 of this Agreement.”  
C. 
Subparagraph 
1.3.2.2 
of 
the 
Agreement 
is 
amended 
to 
state 
as 
follows:
“1.3.2.2 The City will seek permission via user agreement (required for participation in the 
Program) from Customers to share aggregated water data for the calendar year by March 1 of 
the following year with SRP. The City will not share any personal water use data with SRP;”
D. Subparagraph 2.1 of the Agreement is amended to read as follows:
“From the Effective Date until April 30, 2026, SRP will contribute up to $50,000 (maximum of 
$10,000 per SRP fiscal year) in Program funding, in the form of a 50% project cost match, up to 
$5,000, in Program funds for Approved Rebates.  As of May 1, 2026, SRP will contribute up to 
$360,000 (up to maximum of $40,000 per SRP fiscal year) in Program funding over the remaining 
term of the Agreement, in the form of a 50% project cost match, up to $10,000, in Program funds 
for Approved Rebates.  City will pay out Program funds to qualifying Customers and invoice SRP 
for the amount paid on a quarterly basis.  City will provide square footage and estimated water 
savings associated with the Approved Rebates as backup for the invoice.  SRP shall pay each 
invoice within sixty (60) days following the date of such invoice, or if such day is not a business 
day, on the next succeeding business day.”
E. Subparagraph 2.3 of the Agreement is amended to read as follows:
“The Agreement shall be effective on the date the Agreement is fully executed ("Effective Date") 
and will expire on April 30, 2035, unless terminated earlier as provided herein.
5.
PURPOSE:
There are only four purposes for this First Amendment which are as follows: to amend 
Subparagraphs 1.3.1.1, 1.3.2.2, and 2.1 of the Agreement to increase SRP’s contribution from 
$50,000 to up to $360,000 with a yearly maximum of up to $40,000; to amend Subparagraph 
1.3.1.4 to increase the per Approved Rebate cost match amount after April 30, 2026,; to include 
report data timeline; and to extend the term to April 30, 2035. All other provisions of the 
Agreement remain in full force and effect.

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IN WITNESS WHEREOF, this First Amendment was executed by the Parties on the date first 
hereinabove written.
SRP
By: 
Name:  Elvy Barton
Title:  Senior Manager of Water and Forest 
Sustainability
THE CITY OF TEMPE
Corey D. Woods, Mayor
ATTEST:
Kara A. DeArrastia, City Clerk
APPROVED AS TO FORM:
Eric C. Anderson, City Attorney