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Home My WebLink About01-City Manager 'i MEMORANDUM OF UNDERSTANDING BETWEEN SAN BERNARDINO STAMPEDE, INC., AND ARROWHEAD CENTRAL CREDIT UNION FOR CORPORATE SPONSORSillP "T1'+- UN r?f- S/I'fJ ClftzhlrC-t)ilL-o ee-. T't ,) Uta'\... This Memorandum of Understanding ("MOU") is made this _ day ofr;:-::::tJ, reef, by and betwee"'SAN BERNARDINO STAMPEDE, INC., a California corporation (the "Stampede") and ARROWHEAD CENTRAL CREDIT UNION, a California corporation ("Arrowhead Central Credit Union"). o 7/tG. eM'( ~ X II1J g~,.m.1J'IA-' /r1f-iJ 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 into ~llutual 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 thetmped e will receive compensation and an associate in marketing various events at the Stadiu as more fully described in this MOD. Gt T'f (..J I U 111e.c-. "1f.01-(IJt..i1l'fl4J ~ NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: ARTICLE I TERMS I.I This Agreement~,l be for a~~O) year term, unless terminated as s~th herein commencing on ~ili7~, (ti , and concluding on ~"f:!l1! . 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 written notice. 1.2 Upon termination, Stampede shall immediately return to Arrowhead Central Credit Union all of Arrowhead Central Credit Union's documents, materials and other items belonging to the Credit Union in its possession. - 1 - /-15-02- #/ ARTICLE IT ADVERTISING AND SPONSORSHIP 2.1 During the term 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 Credit Union and/or its affiliates, along with the corresponding values are as follows: 2.1. I 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 II. 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 at 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 of70 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 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 W orId Series Arrowhead Central Credit Union Home Plate Promotion. Value - $2,500 - 2 - 2.1.9 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 2.1.11 Several, to be agreed upon, co-promotional opportunities with other vendors such as Stater 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 & PullenlPress Enterprise Riverside Pack-the-Park Nights; 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 offive (5) events for the etty., 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 hislher designee, Stampede, and the Seattle Mariners. 'The- oe~t5 of efleratiue lhe StaOlum dunng any SUCh event shall b" hv..." by II." City, if held ell a eay '..ll".l tkl' i~ <10 ba~,btdl ,"v,"ut. 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. 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 to 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. -3- * -:!:N UM'~~"" ftrc.- ~M- '711 ~ fhlAJIA-, h'- 'VIf>j Ql/Ju i.~ ~ 'TIf1-# f~ ~ ~ (;<-VO)u'" .r~ ~/iVNJ r77J.l..tMte ~~;fV~ ~ .. lko.A ~ c.......t ~~,h,t h.r- ()dO ~4f 'f~ ~ 'i'"H'fi Ct-.f71><-1' {g""M7~-1 v f / ~ ~ Ih M..4 b'-lttN-G'tHC. ~~d~, .w...~."._) ARTICLE ill 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 I - $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 event the 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. $ ARTICLE IV CONDITIONS 4.1 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 ofrenovation of the Stadium so that Arrowhead Central Credit Union may install its ATM and signage as agreed upon. LEVI CONFIDEN - 4- c;.., H' I. , ~ 8" -a ARTICLE WOZT JURISDICTION, VENUE AND ATTORNEYS' FEES L... A_A tSS'-f{tft11'- ~I ~ If'- -SI!?' (--~ This MOU is to be construed under e laws of the State of California. The parties agree to the jurisdiction and venue of the tate of California. Should action be brought to enforce or interpret the provision of the MOU, the prevailing party shall be entitled to "tc attorneys' fees in addition to whatever other relief is granted.""Tlfr- um .s~ /rU1 Pt-~~ "}IJ-F.z: CilT'1 ~'7 ~ rn~~ IttJ PH-r<-lf.lt<f ~.... '71m /J'tdiJ","/~.-r- J ~ S ~ ,.f- V?-t.0Ufio .n~f~ fflt.. ~'11P') ;r--"'-""} f~--. ENTIRE MOU 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)~y m odificatio. ns to the terms of this MOU must be in writing and signed by the parties rein. t~uP~ Lpme. ~71-.! ARTICLE m..iZiJL C(.M /IUJ J71'1.M-II? ~ /1<1'7 ';?.L NOTICES ~t.<n ~ /. .: c Unless expressly provided otherwise, all notices herein provided to be given, or which may be given, by any party to the other, 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: To Arrowhead Central Credit Union SAN BERNARDINO STAMPEDE, INe. 280 South E Street San Bernardino, CA 92401 Attention: David Oldham ARROWHEAD CENTRAL CREDIT UNION 202 East Airport, Suite 250 San Bernardino, CA 92402 Attention: Lany Sharp n ~ cr:ry ARTICU;ZX ALTERATION 4, , ~ No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or MOU not incorporated herein shall be binding on any of the parties hereto, E~ 'i>f<,c ~ -~ ~Ii t~vth;?We. 4'r1 hM JJIJ1Il#9&., fr1.4J /W't /'tf';If#Ilw;M 7)-U~ ARTICLE Ja:>:=- SEVERABILITY 10.{ ~ 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. - :') - I( .r 1;8 ARTICLE 1m "'lIT ASSIGNMENT This MOU and the rights, interests and benefits herejill'!er shall not be assigned, transferred, pledged or hypothecated in any way by ~ party, and shall not be subject to execution, attachment or similar process, nor shall the duties i~~ed herein be subcontracted or delegated without the written consent oftlCi~ ~ !l~: Any assignment or delegation of this MOU to a third party shall be void unless prior written approval is obtained from tilt: ether p~. IH-<- (l ffl<n. . ARTICLE ~ AMENDMENT /7.... I 71ftZ. ~ This MOU and any attachments hereto may be amended or modified onl:d).Y H1t1lu,,1 written consent ofit'e parties. Notwithstanding the foregoing sentence,~parties may amend this MOU~pon thirty (30) days' written notice ttl the ether j'lafty in order to maintain compliance with applicable federal and state laws. ARTICLE X;YX!Ir GOVERNING LAW 0.1 ~ The parties and this MOU are subject to the laws of the State of California and the United States of America. ~ ARTICLE ~ )g!1; ATTORNEYS' FEES Should suit be brought to enforce or interpret any part of this Agreement, 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 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."7>tC- ~m s.0.4~ ft14J "\Off.HGf '1'- 'T"I1V c:;,;:r'f ~r ~ ~ 1'1'- rtY Ifft-"'- 11/ I-IhuU4- "nhJ mdV hJ {,,~ ~ O"H- C-t1'r .f ~ &(z CA-J,p~ It-! '~s' fU1 \ ftrt- f<H-J(1, ~ 0'>>tJ J(diIN. - 0 - IN WITNESS WHEREOF, the parties hereto have executed this MOU SAN BERNARDINO STAMPEDE, 1Ne. ARROWHEAD CENTRAL CREDIT UNION By: By: [Please Print Name and Title] [please Print Name and Title] Dated: Dated: AGREED TO AND APPROVED BY THE CITY OF SAN BERNARDINO By: [Please Print Name and Title] Dated: \\Seeretary\seeretary\I_200 l-seeID ArrowheadCentrai Memo ofUnderstanding-O l.doe -7-