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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 2.01 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 15 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. Ilhcll're.iclecl!hllt the City
3halll..a*yc the exdtlJi(e right t5 1::13' the Stadiu111 at alleth,r tinJe3 exeept reI the 3ix (6) flft)J hot
illellldecl ...ithin the Excl1l3i;e Bll3ebllll U3age Periecl clllfing ..hieh Tenllllt may 1I3':: th.:: StllclilllU fer
Mn bllJ.::ball .::y.::lltJ 113 Jet fer.h in S.::etien 4.06. 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
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league baseball season must be provided to Tenant at least Jim, (60) forty-five (45) days in advance.
Neither the 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
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f5r!) fi.e (45) tbi~' (lO) days before the event is then scheduled to occur. Tenant shall manage
and market the Stadium 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 ofthe 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, 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 (30) days before the event is then scheduled to occur.
In no event will Tenant impose any charges, fees or other costs on City 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 Te~ant non-baseball events.
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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. /.3 te gl633
C611eC:33ief'l re:.c:nue31'aicl 18 Tenft1lt far fi61i ba3ebaU e.en.t], City 3hall be entitled 16 L,~;cnt) (20)
l'ereeht there6f. 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
Tenant's fiscal year. Any incentive above five percent (5%) which Tenant must give to a
promoter/user to schedule an event shall be divided equally between Tenant and City up to a
maximum of ten 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 tmtl 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 ofthis
Amendment, Tenant shall pay all electricity costs ofthe Stadium and parking lot; provided,
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however, that City agrees to annually pay Tenant fifty percent (50%) of the difference, if any,
between said electricity 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 "COO), 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.
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Section 5:
follows:
Section 26.0 of the Lease regarding luxury boxes is amended to read as
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:
i6;Qi Tenant "hall}'l" .iae t5 Cit) th16t1gh the affiee afthe ~ftt)6r the exdtlJi.c tlJC af 3ix
(6) h:lxtll') baxe" fOf each ClaJ3 /'.. btlJeba:.l1 game anaatilcr cycntJ ClI'CIatea b) Tenant herctmclcr.
Cit) 3httll haye exehi3i~'e right3 16 3d], kBJC fir rt:l!t 3ttid luxttry bexe" dttring the U:Il1l6fthi3 Lea3c.
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) Sky boxes over the base year 2002, the City shall receive an
amount equal to fifty percent (50%) of the increase during the term of the Agreement. The
team will then have the right to retain all revenue associated with rentals or leases of those
boxes for the year and pay all related costs.
26.02 If approved 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 City, 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 hislher designee, the Tenant, and the Major League affiliate.
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The e5Jt:J of opelating the Sttlditln1 ehuing an) Jtlch e.,elt! :In.all be borne h) Cit), ifhelet 011 a aa)
Hhen the:re i:J no hltJehall c.,ent.
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
may be subject to payment of property taxes levied on such interest. City agrees it wilI 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 15, 2002, or until the cancellation of said
Memorandum of Understanding, whichever first occurs.
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