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HomeMy WebLinkAbout2002-029 .~ I: '. I' RESOLUTION NO. 2002-29 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE TERMS AND PROVISIONS OF THE AMENDMENT TO 3 LEASE BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO STAMPEDE, INC. AND AUTHORIZING THE MAYOR OF THE CITY OF SAN 4 BERNARDINO TO EXECUTE SAID DOCUMENT, 5 BE IT RES0L VED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The terms and provisions of the Amendment to Lease between the City of 8 San Bernardino and the San Bernardino Stampede, Inc, are hereby approved and the Mayor of the 9 City of San Bernardino is hereby authorized and directed to execute on behalf of the City duplicate 10 originals of said Amendment to Lease, a copy of which is attached hereto marked Exhibit "A" and I I incorporated herein by reference as fully as though set forth at length. 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III HTC/js [ST AMPEDE.2RES] 1 .'. 2002-29 f I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE TERMS AND PROVISIONS OF THE AMENDMENT TO 2 LEASE BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO STAMPEDE, INe. AND AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO 3 TO EXECUTE SAID DOCUMENT. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a Joint Regular meetin 6 thereof, held on the 22nd day of January 7 COUNCIL MEMBERS: 8 ESTRADA 9 LIEN 10 MCGINNIS II SCHNETZ 12 SUAREZ 13 ANDERSON 14 MCCAMMACK 15 16 17 18 19 20 21 22 , 2002, by the following vote, to wit AYES NAYS ABSTAIN ABSENT x x x x x x x ~IJ. ~Jc, CITY CLERK The foregoing Resolution is hereby approved thi&;1. tf;tl:.. day of ~ . ,2002. Approved as to form and 23 legal content: 24 JAMES F. PENMAN, City Attorney 25 26 By: a~~~'l ~ 27 /I 28 U HTC/js [STAMPEDE.2Rt :1 ~~~ Q"'.... Betty Dean AndersOlI Mayor Pro Tern City of San Bernardino 2 2002-29 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE TERMS AND PROVISIONS OF THE AMENDMENT TO 2 LEASE BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO STAMPEDE, INC. AND AUTHORIZING THE MAYOR OF THE CITY OF SAN 3 BERNARDINO TO EXECUTE SAID DOCUMENT. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meetin 6 thereof, held on the 19th day of February 7 COUNCIL MEMBERS: AYES NAYS 8 ESTRADA X 9 LIEN X 10 MCGINNIS X II SCHNETZ X 12 SUAREZ X 13 ANDERSON X 14 MCCAMMACK 15 , 2002, by the following vote, to wit ABSTAIN ABSENT X 16 17 18 19 '>kn~~tfwaJ.~ CITY CLERK ' The foregoing Resolution is hereby approved this JI C;- day of February ,2002. 20 21 22 Approved as to form and 23 legal content: 24 JAMES F. PENMAN, City Attorney 25 26 By: k ? c I(A..,~ 27 () 28 HTCljs [ST AMPEDE.2RESJ 2 Final vote after reconsideration. '. 2002-29 AMENDMENT TO LEASE The Lease dated June 18, 1996, by and between the City of San Bernardino (hereinafter referred to as "City") and San Bernardino Stampede, Inc. (hereinafter referred to as "Tenant") is hereby amended as follows: Section I: Section 2.0] of the Lease is hereby amended to now read as follows: 2,01 This Lease is made for the purpose of granting Tenant, and Tenant is hereby granted, subject to the completion of construction and subject to the City's approval of occupancy, the exclusive use of the Stadium during baseball events, from March] 5 through September 30 of each year (the "Exclusive Baseball Usage Period"), including regular season games, playoff games, championship games and All-Star games as more specifically set forth in Exhibit "B" attached hereto which Exhibit "B" shall be updated annually and submitted by Tenant to City; provided that the City shall have the right to use the Stadium during the Exclusive Baseball Usage Period subject to the consent of Tenant which consent shall not be unreasonably withheld. Tenant shall furnish City its schedule of play, practice games and practice for each season as soon as the playing schedule is established by the California League. All of the dates for the City's use or City-sponsored use during the minor league baseball season must be provided to Tenant at least forty-five (45) days in advance for non-profit sponsored events, and at least seventy (70) days in advance for all other events. Neitherthe timing nor the type of use shall interfere with or in any way impair Tenant's use. Tenant shall have the right to reschedule any such City event by written notice to the City delivered at least thirty-five (35) days for non-profit sponsored events, and at least sixty (60) days for all other events, before the event is then scheduled to occur. Tenant shall manage and market the Stadium I Exhibit "A" 2002-29 year round at its own cost. Tenant shall retain all revenues received from all non-baseball stadium events except as provided herein. Tenant shall receive an offset/credit of Forty Thousand Dollars ($40,000.00) against its gross revenues less sales taxes if any as more fully set forth in Section 24.0. 2.01.1 City Use City shall have the right to use the Stadium for ten (10) days per calendar year subject to modification by written agreement of the parties. All of the dates for the City's use or City- sponsored use of Stadium shall also be provided to Tenant at least forty-five (45) days in advance for non-profit sponsored events, and at least seventy (70) days in advance for all other events, subject to the consent of Tenant which consent shall not be unreasonably withheld. Tenant shall have the right to reschedule any such City or City-sponsored event by written notice to the City delivered at least thirty-five (35) days for non-profit sponsored events, and at least sixty (60) days for all other events, before the event is then scheduled to occur. In no event will Tenant impose any charges, fees or other cost< uil City, participants, or attendees for City use or City-sponsored use of its Stadium at any time. City shall be responsible for clean up after any City sponsored event. Section 2: Section 4.05 of the Lease is hereby amended to now read as follows: 4.05 Tenant shall have the exclusive right to enter into a concession agreement with a private concessionaire to provide concession services for all events to be conducted in the Stadium. Tenant hereby agrees to provide concession services for all events at the Stadium as directed by City at the sole discretion of City, regardless of the party producing or conducting the particular event. City reserves the sole right to determine at its discretion the level of concession services and the food items, beverages and products to be sold for all non-Tenant events and Tenant non-baseball events, 2 Exhibit "A" 2002-29 and City may direct at its sole discretion that no concession services be provided by Tenant for certain specified non-Tenant events and Tenant non-baseball events. Said agreement shall provide that the concessionaire or Tenant shall provide the facilities and equipment at the level described in the Stadium Plan. Revenues paid to Tenant by such private concessionaire for baseball-related events shall be counted as Tenant's Gross Revenues pursuant to Section 4.04. City shall receive from Tenant twenty (20) percent of all gross revenues less sales taxes received by such private concessionaire for non-baseball events. City shall have the right to audit Tenant and any concessionaire. Tenant shall provide to City all required documentation of itself and its concessionaire not later than ninety (90) days from the close of Ten ant's fiscal year. Any incentive above five percent (5%) which Tenant must give to a promoterluser to schedule an event shall be divided equally between Tenant and City up to a maximum often percent (10%) each. Tenant shall consult with City prior to signing any agreement with a promoter/user and City shall have five (5) days thereafter to accept or reject the event. Section 3: Section 24,0 of the Lease is hereby amended to now read as follows: SECTION 24.0 UTILITIES City shall provide, or cause to be provided, all utilities including water, sewer, cable service, telephone, gas, refuse but excepting electricity, necessary for all games at the Stadium, and to Tenant office space at its sole cost and expense, except that charges incurred for the use of the telephone and cable service shall be paid by Tenant. For the next ten years from the date of this Amendment, Tenant shall pay all electricity costs of the Stadium and parking lot; provided, however, that City agrees to annually pay Tenant fifty percent (50%) of the difference, if any, between said electricity o J Exhibit" A" 2002-29 costs and Tenant's gross revenues received from all non-baseball stadium events as set forth in Section 2.01 less Forty Thousand Dollars ($40,000.00). City shall have the right to audit Tenant. Tenant shall provide to City all required documentation for such calculation not later than ninety (90) days from the close of Tenant's fiscal year. In any given year that said gross revenues less sales taxes less Forty Thousand Dollars ($40,000.00) exceeds all electricity costs, Tenant shall reimburse City an additional one dollar ($1.00) for every four dollars ($4.00) of excess, up to a limit of Forty Thousand Dollars ($40,000.00). The parties agree to pay any amounts due within thirty (30) days of receipt of required documentation and interest shall accrue on unpaid amounts at the legal rate from the thirty-first (31st) day. Section 4: Section 25.0 of the Lease is hereby amended to now read as follows: SECTION 25.0 NAME OF TEAM AND STADIUM 25.01 The name of the Class A baseball team which plays at the Stadium pursuant to this Lease shall include the name "San Bernardino", unless otherwise consented to by City. The name of the Stadium, field or any facilities therein shall be within the complete discretion of the City, subject to the Tenant's right to consult thereon. In consideration for entering into that certain Memorandum of Understanding between the City of San Bernardino and San Bernardino Stampede, Inc. and Arrowhead Central Credit Union for corporate sponsorship (a copy of which is attached hereto as Exhibit "C"), City shall receive Twenty-Five Thousand Dollars ($25,000.00) annually for the next ten years from Tenant, which may be paid to City on Tenant's behalf by Arrowhead Central Credit Union. Section 5: Section 26.0 of the Lease regarding luxury boxes is amended to read as follows: 4 Exhibit "A" 2002-29 SECTION 26.0 CITY LUXURY BOX SEATS AND COMMUNITY EVENTS. In order to involve the community of San Bernardino in its operation of a Class A baseball franchise at the Stadium, Tenant shall provide the following: 26.01 The Team will pay the City $40,000 for control of six (6) City Skyboxes per year. Team agrees to remit the full amount no later than November 30 of each year. In addition to the payment of $40,000 the Team will assume the responsibility for custodial maintenance for all Stampede home games. City reserves the right to use one Skybox upon five (5) days notice given to Tenant. Tenant's consent shall not be unreasonably withheld. If Tenant increases the rent of any or all of the six (6) Skyboxes over the base year 2002, the City shall receive an amount equal to fifty percent (50%) of the increase during the term of this Lease. The team will then have the right to retain all other revenue associated with rentals or leases of those boxes for the year and pay all related costs. 26.02 rfapproved by the Major League affiliate, Tenant's Class A baseball team will host at the Stadium, up to a total of five (5) events for school districts located within City, and youth sports groups operating within City during each calendar year during the term hereof. Such events shall involve themes such as "Say No To Drugs" and "Stay In School" as well as others mutually agreed to by City, through the Mayor or his/her designee, the Tenant, and the Major League affiliate. Section 6: Section 15.0 of the Lease is hereby amended to read as follows: SECTION 15.0 POSSESSORY INTEREST TAX. Tenant hereby acknowledges that this Lease may create a possessory interest subject to property taxation pursuant to California Revenue and Taxation Code Section 107, and that Tenant 5 Exhibit "A" 2002-29 may be subject to payment of property taxes levied on such interest. City agrees it will not assign this lease to the Redevelopment Agency of the City of San Bernardino for the term of the Memorandum Of Understanding between the City, Tenant, and the Arrowhead Central Credit Union as approved by the City Council on January 22, 2002, or until the cancellation of said Memorandum of Understanding, whichever first occurs. DATED: ~..;2.~ 2002 tI CITY OF SAN BERNARDINO By~a~...,~, Betty Dean Anderson Mayor Pro Tern City of San Bernardino APPROVED AS TO FORM AND LEGAL CONTENT ATTEST: James F. Penman City Attorney ~i~'le~ By: Name: Title: DATED: 2002 6 Exhibit "A" 2002-29 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO STAMPEDE, INC., AND ARROWHEAD CENTRAL CREDIT UNION FOR CORPORATE SPONSORSHIP This Memorandum of Understanding ("MOU") is made this 22nd day of January, 2002, by and between THE CITY OF SAN BERNARDINO ("City"), SAN BERNARDINO STAMPEDE, INC., a California corporation (the "Stampede") and ARROWHEAD CENTRAL CREDIT UNION, a California corporation ("Arrowhead Central Credit Union"). RECITALS WHEREAS, the Stampede operates a minor league professional baseball team in San Bernardino and leases the San Bernardino Stampede Stadium ("Stadium") from the City of San Bernardino ("City"); WHEREAS, Arrowhead Central Credit Union is a credit union headquartered in the City of San Bernardino; WHEREAS, the parties desire to enter inlo an agreement wherein Arrowhead Central Credit Union will receive advertising and sponsorship rights and other benefits related to the baseball team and Stadium in exchange for which the City will receive compensation and the Stampede will receive compensation and an associate in marketing various events at the Stadium as more fully described in this MOU. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: ARTICLE I TERMS 1.1 This Agreement shall be for a ten (10) year term, unless terminated as set forth herein commencing on January 22, 2002, and concluding on January 21, 2012. The term may only be extended by written agreement signed by all parties. Arrowhead Central Credit Union may terminate this MOU and its obligations hereunder, at any time, for any reason upon one hundred eighty (180) days advance written notice. 1.2 Upon termination, Stampede shall immediately return to Arrowhead Central Credit Union all of the Arrowhead Central Credit Union's documents, materials and other items belonging to the Credit Union in its possession. HTC/ac[Stampede.MOU] Exhibit "e" 2002-29 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND SA!\: BERNARDINO STAMPEDE, INC., AND ARROWHEAD CENTRAL CREDIT UNION FOR CORPORA TE SPONSORSHIP ARTICLE II ADVERTISING AND SPONSORSHIP 2.1 During the tenn of this MOU, Arrowhead Central Credit Union shall receive certain advertising and sponsorship rights and opportunities for itself and/or its affiliates. Arrowhead Central Credit Union reserves the right to, in its sole discretion allow its affiliates to use some or all of the rights granted to the Credit Union hereunder. Said advertising, marketing and naming rights and opportunities granted by Stampede to Arrowhead Central Credil Union and/or its affiliates, along with the corresponding values are as follows: 2.1.1 Arrowhead Central Credit Union shall have the right to place signage of its choosing on the Stadium entrance, Stadium scoreboard, outfield billboard and concourse sign. Arrowhead Central Credit Union shall have first right to determine the location and/or position of all signage and naming rights granted under this MOU, inclusive of all rights granted under this Article [I. Value - $25,000 2. 1.2 Signage and naming on the front cover of all souvenir programs, all event tickets made available to the public, pocket schedules, and video board commercials. Value - $40,000 2. 1.3 Signage on and placement of an Arrowhead Central Credit Union-owned A TM al the Stadium. Value - $5,000 2.1.4 Minimum of two private or public events at the Stadium each calendar year hosted by Arrowhead Central Credit Union. Value - $12,000 2.1.5 Twenty five (25) tickets to a section within the stadium entitled "Arrowhead Central Credit Union Inland Empire Community Pride Section" to each of 70 home games. Value $15,000 2.1.6 Use of skybox suite number 303 for every game and event held at the Stadium. Value - $15,000 HTC/ac[Stampede. ~IOUI 2 Exhibit "e" " 2002-29 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO STAMPEDE, INC. AND ARROWHEAD CENTRAL CREDIT UNION FOR CORPORATE SPONSORSHIP 2.1.7 At least (6). to be agreed upon, exclusive Stampede game offers made available to Arrowhead Central Credit Union, members and business associates for example: half-price tickets, 50-cent Fridays, and Super Saturday Fireworks Show. Value - $70,000 2.1.8 Partnership with Stampede for Western Regional Little League World Series Arrowhead Central Credit Union Home Plate Promolion. Value $2,500 2.19 Title sponsorship of "Used Car Night" with participating Arrowhead Central Credit Union automotive dealers. Value - $2,500 2.1.10 Arrowhead Central Credit Union logo incorporated into player uniforms for the 2003-2004 season. Value - $5,000 2. I .11 Several. to be agreed upon, co-promotional opportunities with other vendors such as Staler Brothers 50-cent Fridays: R&B Auto Super Saturday Fireworks Show; The Sun Stadium Scoreboard; Center Chevrolet Route 66 VIP Stadium Pit Stop; Goforth & Marti Business Interiors Corporate Retreat Suite; McGladrey & Pullen/Press Enterprise Riverside Pack-the-Park Nighls; San Bernardino Chamber Opening Day Mixer; KVCR Barefoot in the Park: "Taste of the Inland Empire:" Gresham, Savage, Nolan & Tiden "Teacher of the Game;" and Fullerton, Lemann, Schaefer & Dominick Tux & Tennies Gala. Value - $5,000 2.1.12 The right to develop and host at the Stadium up to a total of five (5) events for school districts within the City; and youth sports groups operating within the City during each calendar year. These events shall be subject to City, Stampede, and Seattle Mariners' approval. Such events involve themes such as "Say No to Drugs" and "Stay in School," as well as others mutually agreed to by the City, through the Mayor or his/her designee. Stampede, and the Seattle Mariners. Value - $25,000 2.1.13 The ability to erect and fully staff a promotional booth at every event held at the Stadium. Value - $5,000 2.1.14 Stampede shall use its best efforts to provide Stampede baseball players at selected Arrowhead Central Credit Union promotional events. HTC/ac [Stampede. ~ IOU J , ~ Exhibit "e" 2002-29 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO STAMPEDE, INC., AND ARROWHEAD CENTRAL CREDIT UNION FOR CORPORATE SPONSORSHIP 2.1.15 Stampede shall use its best efforts to ensure that the name "Arrowhead Credit Union" or "Arrowhead Financial Group" is mentioned at least once during all radio or television broadcasts. $2,500 2.1.16 Stampede grants a license 10 Arrowhead Central Credit Union to use the team name and logo in any or all of Arrowhead Central Credit Union's advertising or promotional material. Arrowhead Central Credit Union agrees to obtain Stampede's prior written approval of the materials in which the Stampede logo or name is used. ARTICLE III FEES 3.1 In consideration for the rights granted above to Arrowhead Central Credit Union, Arrowhead Central Credit Union shall pay to Stampede the sum of$750,000 as follows: Year 1 - $75,000 Year 2 - $55,000 Year 3 - $60,000 Year 4 - $65,000 Year 5 - $70,000 Year 6 - $75,000 Year 7 - $80,000 Year 8 - $85,000 Year 9 - $90,000 Year 10 - $95,000 Said sums are to be amortized over the year and paid on the first of each month. In the evenllhe Stampede should either be sold and control of the team change, cease business or no longer be a Tenant at the stadium, then this MOU shall cease and Arrowhead Central Credit Union's obligation to make payments shall also cease. In consideralion for agreeing to the provisions of this MOU between the three parties and the provisions of the Amendment to Lease between the City and Stampede, the City shall receive $25,000 each year from the Stampede, payable during the month of October. HTC/ac(Stampcdc.MOU] 4 Exhibit "C" 2002-29 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO STAMPEDE, INC., AND ARROWHEAD CENTRAL CREDIT UNION FOR CORPORA TE SPONSORSHIP ARTICLE IV CONDITIONS 4. I This MOU is conditioned upon approval of and by the City of San Bernardino, Any approvals required under the terms of the Lease between Stampede and the City to carry out the terms of this MOU shall be obtained, and this MOU is contingent upon any approvals required by the terms of that Lease. ARTICLE V DUTIES OF STAMPEDE 5.1 In further consideration of the sums paid by Arrowhead Central Credit Union, Stampede agrees to pay for all costs of renovation of the Stadium so that Arrowhead Central Credit Union may install its A TM and signage as agreed upon. ARTICLE VI JURISDICTION, VENUE AND ATTOR1'l'EYS' FEES 6.1 This MOU is to be construed under the laws of the State of California. The parties agree to the jurisdiction and venue of the Superior Court, County of San Bernardino, State of California. Should action be brought to enforce or interpret any provision of the MOU, the prevailing party shall be entitled to attorneys' fees in addition to whatever other relief is granted. The costs, salary and expenses of the City Attorney and members of his office in enforcing this MOU on behalf of the City shall be considered as "attorneys' fees" for purposes of this section. ARTICLE VII ENTIRE MOU 7.1 This MOU constitutes the entire MOU between the parties hereto with respect to the subject matter hereof and all prior or contemporaneous MOUs of any kind or nature relating to the same shall be deemed to be merged herein, except the Lease between the City and Stampede dated June 18, 1996, and any amendments or side-letters thereto. Any modifications to the terms of this MOU must be in writing and signed by the parties herein. HTC/ac[Stamp,d,.MOU] 5 h b "e" Ex i it 2002-29 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO STAMPEDE, INC., AND ARROWHEAD CENTRAL CREDIT UNION FOR CORPORATE SPONSORSHIP ARTICLE VIII NOTICES 8.] Unless expressly provided otherwise, all notices herein provided to be given, or which may be given, by any party to the olher, will be deemed to have been fully given when written and personally delivered or deposited in the United States mail, certified and postage prepared and addressed as follows: To the Stampede: SAN BERNARDINO STAMPEDE, INC. 280 South E Streel San Bernardino, CA 9240] Attention: David Oldham To Arrowhead Central Credit Union: ARROWHEAD CENTRAL CREDIT UNION 202 East Airport, Suite 250 San Bernardino, CA 92402 Attention: Larry Sharp To the City: OFFICE OF THE MA YOR 300 North D Street, 6th Floor San Bernardino. CA 924] 8 Attention: Mayor ARTICLE IX ALTERATION 9.1 No alteration or variation of the terms of this MOU shall be valid unless made in wTiting and signed by the parties hereto, and no oral understanding or MOD not incorporated herein shall be binding on any of the parties hereto, except the afore- mentioned Lease between the City and Stampede dated June 18, 1996, and any amendments or side-letters thereto. ARTICLE X SEVERABILITY 10.1 If any provision in this MOU is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provision will nevertheless continue in full force without being impaired or invalidated in any way. HTC/ac[Stampede.MOU] 6 Exhibit "e" .' o. 2002-29 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO STAMPEDE, INC., AND ARROWHEAD CENTRAL CREDIT UNION FOR CORPORATE SPONSORSHIP ARTICLE XI ASSIGNMENT 11.1 This MOU and the rights, interests and benefits hereunder shall not be assigned, transferred, pledged or hypothecated in any way by any party, and shall not be subject to execution, attachment or similar process, nor shall the duties imposed herein be subcontracted or delegated without the written consent of all parties. Any assignment or delegation of this MOU to a third party shall be void unless prior \\Titten approval is obtained from all parties. ARTICLE XII AMENDMEl'iT 12.1 This MOU and any attachments hereto may be amended or modified only by the written consent of all the parties. Notwithstanding the foregoing sentence, all parties may amend this MOU upon thirty (30) days' v,Titten notice in order to maintain compliance with applicable federal and state laws. ARTICLE XIII GOVERi"Il'iG LAW 13.1 The parties and this MOU are subject to the lav-is of the State of California and the United States of America. ARTICLE XIV ATTORNEYS' FEES 14.1 Should suit be brought to enforce or interpret any part of this MOU, the prevailing party in the suit shall be entitled to recover, as an element of costs of suit and not as damages, reasonable attorneys' fees to be fixed by the court. The prevailing party shall be the party entitled to recover its costs of suit, regardless of whether such suit proceeds to final judgment. A party not entitled to recover its costs shall HTC/ac [5 tam pede . ~ 10 V] 7 Exhibit "e" '. 2002-29 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO STAMPEDE, INC., AND ARROWHEAD CENTRAL CREDIT UNION FOR CORPORATE SPONSORSHIP not be entitled to recover attorneys' fees. No sum for attorneys' fees shall be counted in calculating the amount of a judgment for the purposes of determining if a party is entitled to recover costs or attorneys' fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this MOU on behalf of the City shall be considered as "attorneys' fees" for purposes of this section. IN WITNESS WHEREOF, the parties hereto have executed this MOU. SAN BERNARDINO STAMPEDE, INC. BY~ !3r,~l>- ])OfY)A f.. I ~~~ . ))vtit U [Please Print Name and Tide] Dated:~. .i 't I ~ (1) 'Z- THE CITY OF SAN BERNARDINO ARROWHEAD CENTRAL CREDIT UNION / <;2 SK~ LRPI<'/ . 5hAf<PI~es,d"NT ICED [Please Print Name and Title] y:- Dated: i..t/'. r'I}~i_)-r:' -, .1 .-- BYX~~- JaA-~r ./ Betty Dean Anderson _ Mayor Pro Tern [Please Print Name and Title] Dated: ~ APPROVED AS TO FORM AND LEGAL CONTENT ;1..lf ;;LOO ~ .) ATTEST: a es F. Penman ity Attorney ~J;.~ Rae 1 Clark, City Clerk Dated: Dated:~ ;;L~ ;;u;a;;u 8 Exhibit "C.II . t 2002-29 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO STAMPEDE, INC., AND ARROWHEAD CENTRAL CREDIT UNION FOR CORPORATE SPONSORSHIP not be entitled to recover attorneys' fees. No sum for attorneys' fees shaIl be counted in calculating the amount of a judgment for the purposes of determining if a party is entitled to recover costs or attorneys' fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this MOU on behalf of the City shaIl be considered as "attorneys' fees" for purposes of this section. IN WITNESS WHEREOF, the parties hereto have executed this MOU. SAN BER.J\TARDINO STAMPEDE, INC. ARRO\\1IEAD CENT By: -p '1/ .. '{!/O L AtLt2 . Sh,4/~--Pfl,~/J id.R~/) [Please Print Name and Title] [Please Print Name and Title] Dated: Dated: THE CITY OF SAN BERNARDINO By:L~~I_ ~.--/ Betty Dean Anderson _ Mayor Pro Tern [Please Print Name and Title] Dated: ~ ;;Llf, APPROVED AS TO FORi\-! AND LEGAL CONTENT ;;l.O 0 ;L ATTEST: R~t~ie~ James F. Penman City Attorney Dated: Dated: ~ ,;)..'-0 d-OCJ;;:L" 8 Exhibit "e"