Amendment to Development Agreement

When Recorded Return to:
Gty Clerk

City of Glendale

5850 West Glendale Ave.
Glendale, AZ 85301

AMENDMENT TO DEVELOPMENT AGREEMENT C19-0175

This Development Agreement ("Agreement") is effective and entered into between CITY OF
GLENDALE, an Arizona municipal corporation ("City"), and RRB Beverage Operations, Inc., (“Project
Applicant”).

RECITALS

WHEREAS, Project Applicant plans to expand increasing the building square footage (as contemplated in
the original development agreement) of certain real property generally located at 10501 N. Reems Road, Waddell,
AZ 85355 within Glendale’s boundaries, as more fully described in the legal description and map attached to this
Agreement as Exhibit “A” of the original agreement; and

WHEREAS, this Agreement is entered into for public purposes and is in the public interest of the residents
of the City; and

WHEREAS, the public benefits anticipated to accrue to the City from the development contemplated in
this Agreement are substantial relative to any economic incentives granted to Project Applicant pursuant to this
Agreement; and

WHEREAS, the City is willing to participate in the Project on the terms and conditions specified below.

NOW, THEREFORE, in consideration of the following mutual covenants and conditions, the Gity and
Project Applicant agree as follows:

AGREEMENT

1. Scope of the Project. The Project consists of approximately 470,000 + square feet of new construction,
expanding the original building footprint so that the total size of the facility is now approximately 1,170,000
square feet.

2. Expiration. The original agreement expires three years after the effective date, and this amendment
extends the expiration date three years from the original expiration date, so that the new expiration date is
February 26, 2025,

3. Fee Waiver. This amendment will increase the maximum pemnit, planning, i inspection and plan review fee
waiver by Two Hundred Fifty Thousand Dollars ($250,000), so that the total fee waivers are now not to
exceed One Million Dollars ($1,000,000).

4. Public Infrastructure. The Peoria Avenue half street improvements are located within the City of
Glendale city limits. All the Peoria Avenue half street improvements listed in Exhibit B of the Agreement
are therefore DIF eligible Public Infrastructure, and anything to the contrary in the Agreement and its
exhibits is therefore deleted.

5. Notices and Filings. Any and all notices, filings, approvals, consents, or other communications required
or permitted by this Agreement shall be given in writing and will be deemed to have been duly delivered upon
personal delivery or upon delivery of the first attempted delivery if by United States certified mail, postage

an ye 10/25/2021

prepaid, return receipt requested or a nationally recognized overnight courier service (i.e. FedEx, UPS, etc.)
addressed as follows:

The City: City of Glendale
ATTN: City Manager
5850 W. Glendale Avenue
Glendale, Arizona 85301

With a copy to: City of Glendale
ATTN: City Attomey
5850 W, Glendale Avenue
Glendale, Arizona 85301

Project Applicant: RRB Beverage Operations, Inc.
40501 N. Reems Road
Waddell, AZ 85355

Notice of address may be changed by either party by giving notice to the other party in writing of a change of
address, Such change will be deemed to be effective upon delivery as set forth above.

[SIGNATURES ON THE FOLLOWING PAGE]

Gk 10/25/2021

IN WITNESS WHEREOF, the Parties have hereunto set forth their respective entity names effective as of
the day and date first written above.

City of Glendale,
an Arizona municipal corporation

By: Kevin R Phelps

Its: City Manager
ATTEST:
Julie K. Bower
City Clerk (SEAL)
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
Project Applicant
B Daszl Kz i
y <n
Its: c€o

[NOTARY SIGNATURES ON THE FOLLOWING PAGE]

1025/2021

IN WITNESS WHEREOF, the Parties have hereunto set forth their respective entity names effective as of
the day first written above,

Project Applicant: tions, Inc,
By_S.K=z :

STATE OF ARIZONA )

SHERI D VELASTEGUI
Notary Public, State of Arizona
Maricopa County
Commission # 593430
My Commission Expires
September 30, 2024

) ss
COUNTY OF MARICOPA )

The foregoing instrument was acknowledged before me this = day of _Decemsee _. 2071, by

of , on behalf of said Company. .
oft) V0
Notary Public —

My Commission Expires:

4/80 [7024