SUBLEASE MC-10191 AMD 1 RE UNITED FOOD BANK.PDF

MC-10191
C-18-11-024-4-01
AMENDMENT No. 1 TO SUBLEASE AGREEMENT
Between
COMMUNITY BRIDGES, Inc., “Sublessor”
And
THE UNITED FOOD BANK, Inc., “Sublessee”
RECITALS
A. Sublessor and Sublessee are parties to that certain Sublease Agreement dated March 16, 2011,
consented to by Maricopa County (the “Sublease”), originally referred to as #C-18-11-024-1-00,
but now referred to as No. MC-10191, which is subject to Lease Agreement MC-10185 between
Community Bridges as Lessee and Maricopa County as Lessor dated March 16, 2011 (the “Master
Lease”), #C-18-11-024-1-00. The Sublease is for the real property and improvements at 358 East
Javelina Avenue, Mesa, Arizona 85210 consisting of approximately 7,210 square feet of
warehouse and office space (the “Sublet Premises”).
B. The term of the Sublease expires December 14, 2021.
C. Sublessor and Sublessee now mutually desire to enter into this Amendment No. 1 to the Sublease
(the “Amendment”) to amend the Sublease to extend the term, add additional provisions and
memorialize certain Sublessee provided improvements to the Sublet Premises.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the mutual promises contained herein
and other good and valuable consideration, the sufficiency and adequacy of which the parties
acknowledge Lessor and Lessee agree to amend the Sublease as follows:
1. The recitals, by this reference, shall be incorporated herein and are made a part hereof.
2. The term of the Sublease is hereby extended approximately three (3) years, commencing December
15, 2021 and expiring December 31, 2024. This Sublease may be terminated by Sublessee with one
hundred eighty (180) days’ prior written notice to Sublessor and Maricopa County, as Lessor. This
Sublease may be terminated by Sublessor or Maricopa County, as Lessor, on or after January 1,
2022 with one hundred eighty (180) days’ prior written notice to Sub-Lessee and Sublessor or
Lessor, as the case may be. This Sublease is subject to termination pursuant to the provisions of
A.R.S. § 38-511.
3. Written notices to be given to Lessor as defined in Section 3.(e) of the Sublease are changed as
follows:
Maricopa County Real Estate Department
Attn: Director
2801 W. Durango Street
Phoenix, AZ 85009-6356
4. Sublessee, at Sublessee’s sole cost and expense, shall construct certain improvements (the “Tenant
Improvements”) to the Sublet Premises as defined on Exhibit “A”, attached hereto and by this
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reference made a part hereof. Sublessee, at Sublessee’s sole cost and expense, shall secure and
provide copies of any and all construction plans, construction permit(s) and certificate(s) of
occupancy or job completion as necessary. Sublessee shall not proceed with any Tenant
Improvements until Lessor has reviewed and provided written consent of the construction plans,
which consent shall not be unreasonably withheld. Consent shall be conditioned upon Sublessee’s
(i) acquiring all applicable governmental; permits, (ii) furnishing Lessor with copies of both the
permits and the plans and specifications prior to the commencement of any work, and (iii)
compliance with all conditions of said permits and other jurisdictional laws, covenants or
restrictions of record, regulations and ordinances (“Applicable Requirements”). Prior to the
commencement of the Tenant Improvements and if using Sublessee’s contractor, Sublessee
shall ensure contractor has purchased and maintains throughout construction all standard
insurance coverage at levels standard in the industry from a company or companies duly
licensed by the State of Arizona and require its subcontractors to maintain equivalent
insurance based in their trade and participation in the work.
5. Lessor may, as a precondition to granting such approval, require Sublessee to utilize a contractor
approved by Lessor.
6. The effective date of this Amendment is the date of execution by both Sublessor and Sublessee and
after consent of Maricopa County.
7. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and
conditions of the original Sublease and Master Lease and any amendments thereto remain the same
and in full force and effect.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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MC-10191
C-18-11-024-4-01
IN WITNESS WHEREOF, the parties have signed this Amendment:
Sublessor: Sublessee:
Community Bridges, Inc. The United Food Bank
_______________________________________ ____________________________________
Frank Scarpati Date Dave Richins Date
President & CEO President & CEO
CONSENT OF THE COUNTY
The County hereby consents to the foregoing Amendment:
________________________________________
Bill Gates, Chairman of the Board of Supervisors
ATTEST:
____________________________________
Clerk of the Board of Supervisors Date
APPROVED as to FORM:
____________________________________
Deputy County Attorney Date
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Exhibit A
Tenant Improvements
1. Construct a ‘full height” wall to separate the “front of house” from the “back of house”.
2. Remove existing swamp coolers and replace with two (2) 7.5-ton, stand mounted AC units. Add
additional 5 ton AC unit to roof with associated structural engineering support.
3. Provide additional insulation to the building perimeter walls as needed.
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