All Faith Community Services Agreement 8-28-26.pdf

SUBLEASE OF LEASE AGREEMENT
This Sublease of the Lease Agreement (the ("Sublease") is made this day
of ________________, 2026 ("Effective Date"), by and between the CITY OF BUCKEYE an
Arizona municipal corporation ("Sublessor"), and ALL FAITH COMMUNITY SERVICES,
an Arizona nonprofit corporation ("Sublessee"). Sublessor and Sublessee are hereinafter referred
to individually as a "Party" and collectively as the "Parties."
RECITALS
A. Sublessor is presently the Lessee under that certain lease and tenancy described as
follows: Lease Agreement between EMPIREWEST TITLE AGENCY, an Arizona
limited liability company doing business as THOMAS TITLE AND ESCROW
AGENCY AS TRUSTEE UNDER ITS TRUST NO. 10567TRTAZ, as successor
to FIRST AMERICAN TITLE INSURANCE COMPANY, and the CITY OF
BUCKEYE dated the day of , 20 ("Lease") regarding property
located at 615 North 4th Street, Buckeye Arizona 85326 (the "Premises"). (Copy of
the Lease attached as Exhibit A hereto.)
B. Sublessor has agreed to sublet to Sublessee the Lease, subject to the terms and
conditions of the Lease and APS has consented to the sublease.
FOR VALUABLE CONSIDERATION, it is agreed as follows:
1. Incorporation. The recitals set forth above are incorporated in and made a portion
of this agreement by this reference.
2. Sublease. Sublessor hereby subleases to and Sublessee leases from Sublessor the
Premises described in the Lease. Sublessee agrees to be bound to conform with and
comply with all terms of the Lease except that the duties and obligations of Sublessee
shall be contractually due to and enforceable by Sublessor and, unless instructed
otherwise by Sublessor, Sublessee shall pay all sums due and accruing under the
Lease to Sublessor. Sublessee shall remit the rents and other charges to Landlord
under the Lease.
3. Term. The term of this Sublease shall commence on the Effective Date and shall
continue for a period of one year from the effective date (the "Initial Term") If
agreeable to the Parties, this Sublease may be renewed for up to four additional one
year terms("Renewal Term"), calculated from the date of the expiration of the Initial
Term. Sublessee must provide Sublessor written notice of Sublessee's request to
renew the Sublease for the Renewal Term at least ninety-five (95) days before the
end of the Initial Term and each Renewal Term, and obtain Sublessor's written
consent to renew the Sublease, which consent may be in the Sublessor's sole
discretion. Renewal of the Sublease during the Renewal Term will be upon the same
Terms and Conditions of the Sublease and the Lease. The total possible lease term
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is 5 years.
4. Status of Lease. Sublessor represents that payments on the Lease are presently
current, that no party is presently in default under the Lease and that the Lease
remains in force and effect.
5. Termination. Either Sublessor or Sublessee may terminate this Sublease at any
time upon ninety days (90) prior written notice and as otherwise provided in Article
4.4 of the Lease.
6. Use. Sublessee shall only use the leased premises for the usual and customary
operations associated with the receipt, storage, sorting and redistribution of goods
provided to the Sublessee. Leased premises include the ticket building and parking
in front of the building (to the west of the ticket building), as shown in Exhibit B.
Leased premises to the sublessee do not include other buildings on the property,
including the restroom building, announcer booth, or concession stand, or the arena
and bleachers itself.
7. Conditions on Use. Sublessee will maintain any food in good condition and
regularly conduct rodent/pest inspection. If rodents or pests are found on the
Premises, Sublessee will notify Sublessor and APS, and develop an adequate plan
to remediate and remove them. All Faith will not conduct dumping of any grease
or other food waste on the Premises.
8. Parking. Any vehicles parked on the Premises will be in working condition and
properly serviced, and will not leak any fluids on the property. Sublessee must not
park more than five vehicles on the premises. The remainder of parking spaces may
be used by Sublessor.
9. Special Event Parking. Sublessor may use the property for parking during special
events held in downtown Buckeye, including but not limited to Buckeye Days,
Halloween Carnival, Cotton Fest, and Glow on Monroe Parade.
10. Utilities. Sublessor to pay the utilities on the property, including water and
electricity.
11. Binding Effect. This Sublease shall inure to the benefit of and shall be binding
upon, the Parties hereto and their respective successors and allowed assigns.
Sublessor shall have all rights available at law and equity in the event of any default
under the Lease or this Sublease, including that Sublessor may retake possession of
the premises with or without termination of this Sublease and may file suit and shall
be entitled to judgment for the full amount of the balance of Lease payments through
the term of the Lease but it shall credit against any such judgment, any rents it may
receive from its thereafter assigning the Lease or subleasing the property.
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12. Choice of Law. This Sublease shall be construed in accordance with the laws of
the State of Arizona.
13. Counterparts. This Sublease may be executed in any number of counterparts, each
of which shall be an original but all of which shall constitute one and the same
instrument.
14. Attorneys' Fees. Reasonable attorneys' fees shall be awarded to the prevailing party
in any action for breach of this Sublease or to declare the terms hereof.
15. Indemnification. To the extent permitted by law, Sublessee shall indemnify and
defend and save Sublessor and APS (and the employees, agents and officers of both
Sublessor and APS) harmless from any and all claims of third parties for injury to
or death of any person or loss of or damage to any tangible property arising out of
or resulting from any act, fault or negligence of Sublessee, its employees, agents,
volunteers, or contactors in connection with Sublessee's use of the Leased Premises,
provided that the indemnification obligation provided for in this Sublease shall not
extend to injury to or death of any person or loss of or damage to any tangible
property to the extent such results form the act, fault or negligence of Sublessor or
Arizona Public Service Company, or those over whom Lessor exercises 1the right of
control. Sublessee shall not be liable to Sublessor or Arizona Public Service
Company for special, indirect or consequential damages resulting from its breach
of this Sublease or its indemnity under this Article 11.
16. Insurance. Sublessee shall, at all times during the term of this Sublease, maintain
and keep in force a policy or policies of insurance which will adequately insure
Sublessor and Sublessee against public liability and property damage in, on or about
the Property. Minimum requirements for an "Owners, Landlords, and Tenants"
policy or a "comprehensive general liability policy shall provide coverage in the
amount of at least $300,000 bodily injury per individual, per occurrence and
$1,000,000 property damage. The policy shall name Sublessor and APS as an
additional insured. Sublessee shall, within thirty (30) days from and after the
execution of this Sublease, cause to be issued to Sublessor proper certificates of
insurance evidencing that the foregoing convent of Sublessee has been complied
with, and said certificate shall provide that if the underlying insurance is canceled
or changed during the term of the policy, the insurance company shall notify
Sublessor in writing, and that no such cancellation or change shall become effective
until ten (10) days from and after the date of receipt of such notice by Sublessor.
[signatures appear on following pages]
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SUBLESSOR:
CITY OF BUCKEYE, ARIZONA, an
Arizona municipal corporation
By
It’s
ATTEST:
Summer Stewart, Interim City Clerk
APPROVED AS TO FORM:
Tosca Henry, City Attorney
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On this day of , 20 , before me personally appeared
, the of the CITY OF BUCKEYE, ARIZONA, whose
identity was proven to me on the basis of satisfactory evidence to be the person who s/he claims
to be, and acknowledged that he signed this Sublease of Lease Agreement on behalf of the City.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the
foregoing paragraph is true and correct.
(Seal and Expiration Date)
Notary Public in and for the State of Arizona
[additional signatures on following page]
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EXHIBIT "A"
Lease Agreement
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Exhibit B
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