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AMENDMENT NO. 2
TO THE NEW RIVER AND AGUA FRIA UNDERGROUND
STORAGE PROJECT INTERGOVERNMENTAL AGREEMENT
AMONG
SALT
RIVER
VALLEY
WATER
USERS'
ASSOCIATION, SALT RIVER PROJECT AGRICULTURAL
IMPROVEMENT
AND
POWER
DISTRICT,
AND
THE
MUNICIPAL CORPORATIONS OF AVONDALE, CHANDLER,
PEORIA, AND GLENDALE
This Amendment No. 2 ("Amendment"), dated this 28th day of August 2023,
hereby amends the
New River and Agua Fria Underground Storage Project
Intergovernmental Agreement Among Salt River Valley Users’ Association, Salt River
Project Agricultural Improvement and Power District, and the Municipal Corporations of
Avondale, Chandler, Peoria, and Glendale d a t e d August 4, 2004, as amended July 23,
2008 ("IGA"). Capitalized terms used in this Amendment and not otherwise defined
shall have the meanings set forth in the IGA.
RECITALS:
WHEREAS, the New River and Agua Fria Underground Storage Project
("NAUSP") was authorized by this IGA and the parties have been operating NAUSP for
nineteen years; and
WHEREAS, on June 30, 2023, the City of Avondale and the City of Chandler
executed an Intergovernmental Agreement for the Conveyance of Rights in the New River
and Agua Fria Underground Storage Project (“Conveyance Agreement”), conveying
18.00% of the City of Chandler’s NAUSP Storage Entitlement to the City of Avondale.
Therefore, pursuant to the Conveyance Agreement and Section 30.2 of the IGA, the parties
want to amend Exhibit C of the IGA to reflect the changes in the City of Chandler’s NAUSP
Storage Entitlement from 22.80% to 4.80%, and in the City of Avondale’s NAUSP Storage
Entitlement from 10.00% to 28.00%; and
WHEREAS, any amendment to the terms of the IGA must be in writing and be
approved by all parties.
NOW, THEREFORE, in consideration of the mutual covenants and provisions
contained herein and other good and valuable consideration, the parties do hereby agree
as follows:
AGREEMENT:
1.
Exhibit C is hereby deleted in its entirety and replaced by the attached
“Exhibit C (Revision Dated August 28, 2023).”
2.
Except as modified by this Amendment, all terms of this IGA, as previously
amended, shall remain in full force and effect.
2
3.
This Amendment shall become effective upon execution by the Parties and
shall remain in effect throughout the term of the IGA.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 2 to the
New River and Agua Fria Underground Storage Project Intergovernmental Agreement
Among Salt River Valley Users’ Association, Salt River Project Agricultural Improvement
and Power District, and the Municipal Corporations of Avondale, Chandler, Peoria, and
Glendale as of the date first set forth above.
Attest and Countersign
CITY OF AVONDALE
By
City Clerk
Title:
APPROVED AS TO FORM AND
WITHIN THE POWER AND
AUTHORITY GRANTED UNDER
THE LAWS OF THE STATE OF
ARIZONA TO THE CITY OF
AVONDALE
City Attorney
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Attest and Countersign
CITY OF CHANDLER
By
City Clerk
Title:
APPROVED AS TO FORM AND
WITHIN THE POWER AND
AUTHORITY GRANTED UNDER
THE LAWS OF THE STATE OF
ARIZONA TO THE CITY OF
CHANDLER
City Attorney
4
Attest and Countersign
CITY OF GLENDALE
By
City Clerk
Title:
APPROVED AS TO FORM AND
WITHIN THE POWER AND
AUTHORITY GRANTED UNDER
THE LAWS OF THE STATE OF
ARIZONA TO THE CITY OF
GLENDALE
City Attorney
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Attest and Countersign
CITY OF PEORIA
By
City Clerk
Title:
APPROVED AS TO FORM AND
WITHIN THE POWER AND
AUTHORITY GRANTED UNDER
THE LAWS OF THE STATE OF
ARIZONA TO THE CITY OF
PEORIA
City Attorney
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Attest and Countersign
SALT RIVER VALLEY WATER USERS’
ASSOCIATION
By
Secretary
Title:
SALT RIVER PROJECT AGRICULTURAL
IMPROVEMENT AND POWER DISTRICT
By
Title:
APPROVED AS TO FORM AND
WITHIN THE POWER AND
AUTHORITY GRANTED UNDER
THE LAWS OF THE STATE OF
ARIZONA TO THE ASSOCIATION
AND DISTRICT
Attorney
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EXHIBIT C
NEW RIVER AND AGUA FRIA RIVER UNDERGROUND STORAGE PROJECT
STORAGE ENTITLEMENTS
Participant
Storage Entitlement %
Association
27.20
Avondale
28.00
Chandler
4.80
Glendale
20.00
Peoria
20.00
TOTAL
100.00
Revision Date: June 30, 2023