Resolution No. 5440

RESOLUTION NO. 5440

AUTHORIZING A DEACTIVATION AGREEMENT BETWEEN THE CITY
OF CHANDLER AND SALT RIVER VALLEY WATER USERS’
ASSOCIATION, AN ARIZONA CORPORATION, FOR THE REMOVAL OF
AN IRRIGATION DELIVERY STRUCTURE TO ACCOMMODATE
ROADWAY AND TRAFFIC IMPROVEMENTS AT THE INTERSECTION OF
NORTH 56TH STREET AND WEST GALVESTON STREET.

WHEREAS, Valley Christian Schools is developing a K-12 private school campus in the area of
North 56th Street and West Galveston Street in the City of Chandler, Arizona; and

WHEREAS, City requires Valley Christian Schools to install roadway and traffic improvements
at the intersection of North 56th Street and West Galveston Street in connection with Valley
Christian Schools’ planned development; and

WHEREAS, to complete the required roadway and traffic improvements, Valley Christian
Schools must remove an irrigation delivery structure owned by Salt River Valley Water Users’
Association (“SRP”) located at the intersection of North 56th Street and West Galveston Street
(the “Facility”); and

WHEREAS, SRP is willing to abandon its use of the Facility and permit Valley Christian
Schools to remove the Facility if City enters into a deactivation agreement with SRP under
which City agrees to be responsible for design and construction of a replacement facility should
it become necessary to serve an SRP shareholder entitled to receive delivery of irrigation water
through the Facility; and

WHEREAS, City is willing to enter into a deactivation agreement with SRP under the terms and
conditions set forth in a Development Agreement between City and Valley Christian Schools
approved by a separate resolution of the Chandler City Council adopted concurrently with this
Resolution.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chandler, Arizona,
as follows:

Section 1. The City of Chandler is authorized to enter into a Deactivation Agreement with
SRP in substantially the form attached hereto as Exhibit “A”.

Section 2. The Mayor is authorized to execute the Deactivation Agreement and _ this
Resolution on behalf of the City of Chandler.

Resolution No. 5440
Page 2

PASSED AND ADOPTED by the City Council of Chandler, Arizona, this 25th day of February,
2021.

ATTEST:

CITY CLERK MAYOR

CERTIFICATION

I HEREBY CERTIFY that the above and foregoing Resolution No. 5440 was duly passed and
adopted by the Chandler City Council at a regular meeting held on the 25th day of February,
2021, at which a quorum was present.

CITY CLERK

APPROVED AS TO FORM:

CITY ATTORNEY )

Exhibit “A”

Deactivation Agreement

DEACTIVATION AGREEMENT

THIS DEACTIVATION AGREEMENT (“Agreement”) is made and entered into
by and between the CITY OF CHANDLER, an Arizona municipal corporation (“City”)
and the SALT RIVER VALLEY WATER USERS’ ASSOCIATION, an Arizona
corporation (“SRP”) effective on the last date on which the Parties complete execution of
this Agreement. City and SRP each may be referred to separately in this Agreement as a
“Party” or collectively as the “Parties”.

WHEREAS, Valley Christian School proposes to improve the intersection of North
56th Street and West Galveston Street in the City of Chandler (the “Project”); and

WHEREAS, as part of the Project it is necessary to remove SRP irrigation delivery
structure 7-2.7-40 (the “Facility”) located within the intersection of North 56th Street and
West Galveston Street in Section 28, Township 1 South, Range 4 East and;

WHEREAS, Valley Christian School will remove the Facility at its sole expense as
a condition of CITY entering into this Agreement; and

WHEREAS, the Facility is not presently in service.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set
forth in this Agreement, the Parties agree as follows:

1. SRP shall abandon its use of the Facility.

2. CITY shall cause the removal of the Facility at Valley Christian School’s
sole expense.

3. If at any time, any shareholder entitled to irrigation delivery to the Facility
demonstrates adequate capability to deliver irrigation water to the Facility at
the shareholder’s property, as reasonably determined by SRP, CITY shall,
upon written request by SRP, provide an easement for and pay all costs
associated with the design and construction of a replacement facility.

4. SRP shall design and construct the replacement facility, shall own and
control the replacement facility, shall operate and maintain the facility at
SRP’s expense, and shall at all times hold CITY harmless for any loss or
damage arising out of the design, construction, maintenance, or use of the
replacement facility.

5. SRP agrees to comply with, and to require its employees and contractors to comply
with, City Code requirements for work in City-owned right-of-way. SRP agrees to
submit to City for review and comment SRP plans for design and construction
related to replacement of the Facility, though SRP shall not require City approval
or permit associated with facility construction.

6. All notices, demands or requests upon any Party to this Agreement shall be
in writing delivered or sent by mail to the following:

To City:

With a copy to:

To SRP:

Development Services Director
City of Chandler

215 E. Buffalo Street
Chandler, Arizona 85225

Chandler City Attorney
175 S. Arizona Avenue, Second Floor
Chandler, Arizona 85225

Salt River Project

Water Engineering

Mail Station: SSW303

P.O. Box 52025

Phoenix, Arizona 85072-2025

[Signatures on following page.]

IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in
its name and on its behalf by its Mayor and its seal to be duly affixed and attested by its
City Clerk, and SRP has signed the same on the day and year as stated below.

ATTEST:

City Clerk

APPROVED AS TO FORM:

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Assistant City Attorney

CITY OF CHANDLER, an Arizona
municipal corporation

By

Mayor Kevin Hartke

Date

SALT RIVER VALLEY WATER USERS’
ASSOCIATION, an Arizona corporation

By Kyle Tilghman
Kyle J. Tilghman
Director Water Engineering &
Transmission

Date February 6, 2021