APS Letter to Buckeye Consenting to Sublease to All Faith (8.6.2026).pdf

THOMAS G. STACK
Senior Attorney
Pinnacle West Capital Corporation
Arizona Public Service Company
Law Department
Mail Station 8695
400 North 5th Street
Phoenix, Arizona 85004
TEL (602) 250-5508
Thomas.Stack@pinnaclewest.com
August 6, 2026
SENT VIA EMAIL ONLY
thenry@buckeyeaz.gov
Tosca Henry
City Attorney
City of Buckeye
530 E. Monroe Avenue
Buckeye, AZ 85326
Re: Rodeo Grounds Lease Agreement; Consent of Arizona Public Service
Company (“APS”) for the City of Buckeye ("Buckeye”) to Sublet to
All Faith Community Services (“All Faith”)
Dear Tosca:
We have reviewed your request for Buckeye’s request to sublease a portion of the
Leased Premises under the Lease Agreement between First American Title
Insurance Company, a California corporation, successor of ATI Title Agency of
Arizona, formerly known as USLife Title Company of Arizona, an Arizona
corporation, Trustee under Trust #530 (the “Trust”), as Lessor, and the City of
Buckeye, a municipal corporation of the State of Arizona, as Lessee, dated May 1,
2014 and recorded at Instrument No. 2014-0237007 with the Maricopa County
Recorder’s Office (the “Lease”). You have asked APS to consent to Buckeye
subleasing a portion of the Leased Premises to All Faith (the “Subleased Premises”).
APS is happy to consent, on its own behalf and as the Operating Agent of the
Participating Owners in the Arizona Nuclear Power Project, to Buckeye subleasing
the Subleased Premises to All Faith, with the following conditions:
1. All Faith and Buckeye acknowledge that any sublease is subordinate to
and subject to the terms and conditions in the Lease, and that All Faith is
subject to all of the Lessee obligations contained in the Lease. This
includes, but is not limited to: (i) not interfering with the Palo Verde
Water Conveyance Pipeline or APS’s operation and maintenance thereof
as described in Section 3.2 of the Lease; (ii) APS’s right to terminate the
Lease (and therefore any sublease) upon 30 days’ prior written notice;
and (iii) the obligation to indemnify and defend APS from any and all third
party claims arising out of All Faith’s sublease of the Subleased Premises.

Tosca Henry
City of Buckeye
August 6, 2026
Page 2
2. All Faith adds APS as an additional insured for any insurance policies
required by Buckeye on the sublease.
3. Buckeye’s sublease addresses the following concerns given All Faith’s
proposed use of the Subleased Premises:
a. Because storage of food can create rodent/pest issues, All Faith will
maintain any food in good condition and regularly conduct rodent/pest
inspection. If rodents or pests are found on the Subleased Premises,
All Faith will notify Buckeye and APS, and develop an adequate plan to
remediate and remove them.
b. All Faith will not conduct dumping of any grease or other food waste
on the Subleased Premises.
c. Any vehicles parked on the Subleased Premises will be in working
condition and properly serviced, and will not leak any fluids on the
property.
4. Buckeye provides to APS a signed copy of its sublease with All Faith.
Let us know if you have any questions regarding these conditions or have any
trouble providing them. If you are in agreement, please sign below your
acknowledgment of these conditions and return a copy back to me for APS’s
records.
Sincerely,
Stack, Thomas Digitally Thomas signed (Z17564) by Stack,
(Z17564) Date: 2026.08.06
14:48:17 -07'00'
Thomas G. Stack
Senior Attorney
Agreed to and accepted as of ________________, 2026
on behalf of the City of Buckeye.
By: ____________________________
Name: ____________________________
Title: ____________________________