2014-08-20 MC-10134 AMDENDMENT NO 2.DOCX

Lease No. MC10134 Amendment No. 2
C-18-99-002-4-02
AMENDMENT to LEASE AGREEMENT
BETWEEN
MARICOPA COUNTY, LESSOR
AND
AGUA FRIA FOOD and CLOTHING BANK, Inc., LESSEE
RECITALS
A. Lessor, and Lessee, as successor in interest to Agua Fria Food Bank, are parties to that
certain Lease Agreement No. MC10134 dated September 16, 1998 and approved by the
Maricopa County Board of Supervisors and subsequently amended April 19, 2006 (the
“Agreement”). The Agreement is for premises at 405 East Harrison Avenue, Avondale,
Arizona consisting of 5,500 square feet of leased space.
B. The term of the Agreement automatically renews annually.
C. Lessor and Lessee now mutually desire to amend the Agreement to correct the notice
address and revise the insurance requirements.
AGREEMENT
NOW THEREFORE, inconsideration of the foregoing and other valuable
considerations, Lessor and Lessee agree to amend the Agreement as follows:
1. Section 2) is replaced in its entirety with the following:
2) To the fullest extent permitted by law, Lessee shall defend, indemnify, and
hold harmless Lessor, its agents, representatives, officers, directors, officials, and
employees from and against all claims, damages, losses and expenses, including,
but not limited to, attorney fees, court costs, expert witness fees, and the cost of
appellate proceedings, relating to, arising out of, or alleged to have resulted from
the negligent acts, errors, omissions, mistakes or malfeasance relating to the
performance of this Agreement. Lessee’s duty to defend, indemnify and hold
harmless Lessor, its agents, representatives, officers, directors, officials, and
employees shall arise in connection with any claim, damage, loss or expense that
is caused by any negligent acts, errors, omissions or mistakes in the performance
of this Agreement by Lessee, as well as any person or entity for whose acts,
errors, omissions, mistakes or malfeasance Lessee may be legally liable.

2.1 The amount and type of insurance coverage requirements set forth herein
will in no way be construed as limiting the scope of the indemnity in this
paragraph.
2.2 The scope of this indemnification does not extend to the sole negligence of
Lessor.
2.3 Lessee, at Lessee’s own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the
State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of
State of Arizona licensing, the stipulated insurance may be purchased from a
company or companies, which are authorized to do business in the State of
Arizona, provided that said insurance companies meet the approval of
Lessor. The form of any insurance policies and forms must be acceptable to
Lessor.
2.4 All insurance required herein shall be maintained in full force and effect
until all work or service required to be performed under the terms of the
Agreement is satisfactorily completed and formally accepted. Failure to do so
may, at the sole discretion of Lessor, constitute a material breach of this
Agreement.
2.5 Lessee’s insurance shall be primary insurance as respects Lessor, and any
insurance or self-insurance maintained by Lessor shall not contribute to it.
2.6 Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect Lessor’s
right to coverage afforded under the insurance policies.
2.7 The insurance policies may provide coverage that contains deductibles or
self-insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to Lessor under such
policies. Lessee shall be solely responsible for the deductible and/or self-insured
retention and Lessor, at its option, may require Lessee to secure payment of such
deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
2.8 Lessor reserves the right to request and to receive, within 10 working
days, certified copies of any or all of the herein required insurance certificates.
Lessor shall not be obligated to review policies and/or endorsements or to advise
Lessee of any deficiencies in such policies and endorsements, and such receipt
shall not relieve Lessee from, or be deemed a waiver of Lessor’s right to insist on
strict fulfillment of Lessee’s obligations under this Agreement.

2.9 The insurance policies required by this Agreement, except Workers’
Compensation, and Errors and Omissions/Medical Malpractice, shall name
Lessor, its agents, representatives, officers, directors, officials and employees as
Additional Insured’s.
2.10 The policies required hereunder, except Workers’ Compensation, and
Errors and Omissions/Medical Malpractice, shall contain a waiver of transfer of
rights of recovery (subrogation) against Lessor, its agents, representatives,
officers, directors, officials and employees for any claims arising out of Lessee’s
work or service.
2.10.1 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial
Umbrella insurance with a limit of not less than $1,000,000 for each
occurrence, $1,000,000 Products/Completed Operations Aggregate, and
$2,000,000 General Aggregate Limit. The policy shall include coverage
for bodily injury, broad form property damage, personal injury, products
and completed operations and blanket contractual coverage, and shall not
contain any provision which would serve to limit third party action over
claims. There shall be no endorsement or modification of the CGL
limiting the scope of coverage for liability arising from explosion,
collapse, or underground property damage.
2.10.2 Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary,
Commercial Umbrella insurance with a combined single limit for bodily
injury and property damage of not less than $1,000,000 each occurrence
with respect to any of Lessee’s owned, hired, and non-owned vehicles
assigned to or used in performance of Lessee’s work or services under this
Agreement.
2.10.3 Workers’ Compensation:
2.10.3.01 Workers’ Compensation insurance to cover
obligations imposed by federal and state statutes having
jurisdiction of Lessee’s employees engaged in the performance
of the work or services under this Agreement; and Employer’s
Liability insurance of not less than $1,000,000 for each accident,
$1,000,000 disease for each employee, and $1,000,000 disease
policy limit.
2.10.3.02 Lessee waives all rights against Lessor and its
agents, officers, directors and employees for recovery of
damages to the extent these damages are covered by the

Workers’ Compensation and Employer’s Liability or commercial
umbrella liability insurance obtained by Lessee pursuant to this
Agreement.
2.11 Certificates of Insurance.
2.11.1 Prior to commencing work or services under this Agreement,
Lessee shall furnish Lessor with valid and complete certificates
of insurance, or formal endorsements as required by this
Agreement in the form provided by Lessor, issued by Lessee’s
insurer(s), as evidence that policies providing the required
coverage, conditions and limits required by this Agreement are in
full force and effect. Such certificates shall identify this contract
number and title.
2.11.2 In the event any insurance policy (ies) required by this
Agreement is (are) written on a “claims made” basis, coverage
shall extend for two years past completion of the term of this
Agreement and as evidenced by annual Certificates of Insurance.
2.11.3 If a policy does expire during the life of this Agreement, a
renewal certificate must be sent to Lessor fifteen (15) days prior
to the expiration date.
2. Section 14) is removed in its entirety.
3. Section 15) is replaced in its entirety with the following:
15) All Notices herein required to be given to Lessor and all rent payments herein
required shall be sent to Lessor at:
Maricopa County Finance Department
Attn: Real Estate Manager
301 W. Jefferson St., Suite 960
Phoenix, AZ 85003
All Notices to Lessee shall be sent to:
Agua Fria Food and Clothing Bank, Inc.
Attn: Laurel Konings
PO Box 845
Avondale, AZ 85323

Lease No. MC10134 Amendment No. 2
C-18-99-002-4-02
IN WITNESS WHEREOF, the parties have signed this amendment
Lessee: Lessor:
Agua Fria Food and Clothing Bank, an Maricopa County, a political subdivision
Arizona non-profit charitable corporation of the State of Arizona
___________________________________ ____________________________________
David Schwake, President Chairman of the Board
___________________________________ ATTEST:
Date
____________________________________
Clerk of the Board Date
APPROVED AS TO FORM:
____________________________________
Deputy County Counsel Date