HomeMy WebLinkAbout29-Mayor's Office
cn:y OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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Dept: MAYOR'S OFFICE
Date: January 17,2002
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Subject: Approving the terms and provisions of the Amendment
to Lease between the City of San Bernardino and the
San Bernardino Stampede, Inc. and the Memorandum
of Understanding between the City of San Bernardino,
San Bernardino Stampede, Inc. and Arrowhead Central
Credit Union and authorizing execution of both
documents by the Mayor of the City of San Bernardino.
From: JUDITH V ALLES
MAYOR
Synopsis of Previous Council Action:
January 15,2002:
Mayor and Common Council approved by motion the Amendment to Lease between the City
and San Bernardino Stampede, Inc., and the Memorandum of Understanding between the City,
San Bernardino Stampede, Inc., and Arrowhead Central Credit Union, with modifications.
Recommended motion:
MOTION A:
Resolution of the Mayor and Common Council of the City of San Bernardino approving the
terms and provisions of the Amendment to Lease between the City of San Bernardino and the
San Bernardino Stampede, Inc. and authorizing the Mayor of the City of San Bernardino to
execute said document.
MOTION B:
Resolution of the Mayor and Common Council of the City of San Bernardino approving the
terms and provisions of the Memorandum of Understanding between the City of San
Bernardino, San Bernardino Stampede, Inc., and Arrowhead Central Credit Union and
authorizing the Mayor of the City of San Bernardino to~execute said document.
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Adopt Motions A and B.
Contact person: Judith Valles. Mavor
Phone:
5133
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: None at this time.
Source:
Finance:
Council Notes:
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Agenda Item No. 29
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STAFF REPORT
Council Meeting Date: January 22. 2002
TO:
FROM:
DATE:
AGENDA:
Common Council
Mayor's Office
January 17,2002
Item # 29: Approving the terms and provisions of the Amendment to Lease
between the City of San Bernardino and the San Bernardino Stampede, Inc. and
the Memorandum of Understanding between the City of San Bernardino, San
Bernardino Stampede, Inc. and Arrowhead Central Credit Union and
authorizing execution of both documents by the Mayor of the City of San
Bernardino.
On January 15,2002, the Mayor and Common Council approved by motion the Amendment
to Lease between the City and San Bernardino Stampede, Inc., and the Memorandum of
Understanding between tht;.city, San Bernardino Stampede, Inc., and Arrowhead Central Credit
Union, with modifications.
For purposes of "tracking" these documents in the future by the City Clerk's office and in
order to have better written documentation of the action taken, two resolutions have been prepared
along with the finalized version of each document.
Relative to the Amendment to Lease, the language which was read to us at the January IS
meeting in Section 2.01 concerning 70/60 days and 45/35 days has been "flip-flopped" in reading
order so that it reads more smoothly; however no numbers or concepts were altered in any way. This
same verbiage is now also repeated in Section 2.01.1. In Section 26.01, the word "Lease" is
substituted for the word "Agreement" in the third line from the bottom of that Section, and the word
"other" is inserted before the word "revenue" in the second line from the bottom of that Section in
order to more clearly indicate that the team retains the subject revenue after the City receives its
50% share. This document now reflects that it is approved on January 22, 2002.
Relative to the Memorandum of Understanding, Mr. Larry Sharp has agreed to one hundred
eighty (180) days advance written notice in Section 1.1. In Sections 7.1 and 9.1, the date of the
Lease has been included, as well as side-letters which the City has with the Stampede so that side-
letters as well as any amendments will remain intact and in effect. This document now reflects that
it is dated January 22, 2002.
It is requested that the Common Council adopt both resolutions, thus approving by resolution
the terms and provisions of both previously discussed documents herein and authorizing the Mayor
to execute sufficient originals so that each party will have a completely executed original document
for their files.
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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 Ten ant 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. 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 thirty-five (35) da)" lor 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
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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 costs on 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,
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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. 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 promoter/user 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
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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:
follows:
Section 26.0 of the Lease regarding luxury boxes is amended to read as
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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 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 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 tc California Revenue and Taxation Code Section 107, and that Tenant
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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:
2002
CITY OF SAN BERNARDINO
By:
Judith Valles, Mayor
APPROVED AS TO FORM AND
LEGAL CONTENT
ATTEST:
.f.
a es F. Penman
Ity Attorney
Rachel Clark, City Clerk
DATED:
2002
SAN BERNARDINO STAMPEDE, INC.
By:
Name:
Title:
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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 into 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
l.l 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]
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SAN BERNARDINO
AND
SAN BERNARDINO STAMPEDE, INC.,
AND
ARROWHEAD CENTRAL CREDIT UNION
FOR CORPORATE SPONSORSHIP
ARTICLE II
ADVERTISING AND SPONSORSHIP
2. I During the term of this MOU, Arrowhead Central Credit Union shall receive certain
advertising and sponsorship rights and opportunities for itself and/or its affiliate's.
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:
2.1.1 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 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
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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 Promotion. Value $2,500
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. I I 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 & Pullen/Press 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 atthe 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. I. I 4 Stampede shall use its best efforts to provide Stampede baseball players at
selected Arrowhead Central Credit Union promotional events.
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3.1
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 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.
ARTICLE III
FEES
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. In
consideration 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[Stampede.MOU]
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SAN BERNARDINO
AND
SAN BERNARDINO STAMPEDE, INC.,
AND
ARROWHEAD CENTRAL CREDIT UNION
FOR CORPORATE SPONSORSHIP
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 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 ATTORNEYS' 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.
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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. I 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:
SAN BERNARDINO STAMPEDE, INC.
280 South E Street
San Bernardino, CA 92401
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 92418
Attention: Mayor
ARTICLE IX
ALTERATION
9.1 No alteration or variation ofthe 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, 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. I 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.MOUI
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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 written approval is obtained from all parties.
ARTICLE XII
AMENDMENT
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' written notice in order to
maintain compliance with applicable federal and state laws.
ARTICLE XIII
GOVERNING LAW
13.1 The parties and this MOU are subject to the laws 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
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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 MOD 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 MOD.
SAN BERNARDINO STAMPEDE, INC.
ARROWHEAD CENTRAL CREDIT UNION
By:
By:
[Please Print Name and Title]
[Please Print Name and Title]
Dated:
Dated:
THE CITY OF SAN BERNARDINO
By:
[Please Print Name and Title]
Dated:
APPROVED AS TO FORM AND
LEGAL CONTENT
ATTEST:
?f~
es F. Penman
ty Attorney
Rachel Clark, City Clerk
Dated:
Dated:
8
~(Q)[?V
I RESOLUTION NO.
. 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 RESOLVED 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
II incorporated herein by reference as fully as though set forth at length.
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HTe/js [ST AMPEDE.2RES] I
6 thereof, held on the
7 COUNCIL MEMBERS:
8 ESTRADA
9 LIEN
10 MCGINNIS
II SCHNETZ
12 SUAREZ
13 ANDERSON
14 MCCAMMACK
. 15
16
17
18
19
1---
.
.
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
meetin
day of
, 2002, by the following vote, to wit
AYES
NAYS
ABST AIN ABSENT
CITY CLERK
The foregoing Resolution is hereby approved this
day of
,2002.
20
21
22
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to form and
23 legal content:
24 JAMES F. PENMAN,
City Attorney
25
26 By: (L~.~ 7- ~.
rJ
27
28
HTC/js 1ST AMPEDE.2RES]
2
.
.
.'
I
~(Q)O=v
.
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE TERMS AND PROVISIONS OF THE MEMORANDUM OF
3 UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO, SAN BERNARDINO
STAMPEDE, INC., AND ARROWHEAD CENTRAL CREDIT UNION AND AUTHORIZING
4 THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE SAID DOCUMENT.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The terms and provisions of the Memorandum of Understanding between
8 the City of San Bernardino, San Bernardino Stampede, Inc. and Arrowhead Central Credit Union
9 are hereby approved and the Mayor of the City of San Bernardino is hereby authorized and
10 directed to execute on behalf of the City triplicate originals of said Memorandum of
II Understanding, a copy of which is attached hereto marked Exhibit "A" and incorporated herein
12 by reference as fully as though set forth at length.
13 /II
14 /II
IS /II
16 /II
17 /II
18 /II
19 /II
20 /II
21 /II
22 /II
23 /II
24 /II
25 ///
26 ///
27 ///
28 ///
HTC/js [ST AMPEDE.RES] I
.
, .
.
.
.
I
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO APPROVING THE TERMS AND PROVISIONS OF THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO, SAN BERNARDINO
3 STAMPEDE, INC., AND ARROWHEAD CENTRAL CREDIT UNION AND AUTHORIZING
THE MAYOR OF THE CITY OF SAN BERNARDINO TO EXECUTE SAID DOCUMENT.
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
6
meetin
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
thereof, held on the
COUNCIL MEMBERS:
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
NAYS
, 2002, by the following vote, to wit
ABSTAIN ABSENT
day of
AYES
CITY CLERK
The foregoing Resolution is hereby approved this
day of
,2002.
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to form and
23 legal content:
24 JAMES F. PENMAN,
City Attorney
25
26
27
28
HTe/js [ST AMPEDE.RESJ
2
Taylor Mi
From:
Sent:
To:
Cc:
Subject:
Clark_Ra
Tuesday, March 26, 2002 2:04 PM
Taylor_Mi
Medina_Sa
RE: Stadium Documents
Ok, here's status. According to Lori Sassoon in the City Administrator's Office, Stampede wants to change terms of the
agreement as they are getting cold feet about some of the terms of the agreement. I mentioned to Lori that if an
agreement isn't signed within a certain time frame, it is considered null and void. She stated that the Resolution had no
expiration date; however, what will happen in the next few months is they will draft a new agreement and present to the
Council a motion to rescind prior action and approve a new agreement.
So, for the moment, do not worry about this. Just keep a copy of this message with your records so that we have a trail of
what attempts have been made to consummate execution of the agreement.
Thanks for staying on top of t his. You are always so diligent!
-----Ooglnal Message-----
From: Taylor_Mi
Sent: Tuesday, March 26, 2002 1:48 PM
To: Oark_Ra
SUbject: RE: Stadium Documents
Have you heard back from Admin. or the Gty Attorney's Office on the Stampede documents?
Michelle Taylor
Sr. srot'falJ! Oty Clerk', Cffire
(909)384.5002, eeL 3206
TA YLaI.~MlliJ!a.\A N-BERNARDINOCA 1IS
mnOrigjnal Messawnn
From: Clark Ra
Sent: WabB-dt;! Maw 06, 2002 3:56 PM
To: Tajor_Mi
Subject: RE: StadiumDrx:ummIs
My recollection is that the City Attorney's Office had the original documents. I remember calling from Oregon to
inquire about that matter, but I do not know what happened after the signing ceremony was called off.
I will check first with Admin and then with City Attorney's Office and will let you know.
Did Michelle from Channel 3 indicate when video would be ready?
Thanks.
-----Ooglnal Message-----
From: Taylor_Mi
Sent: Wednesday, March 06, 2002 3:51 PM
To: Clark_Ra
Subject: Stadium Documents
RadJel, atr ifjUE 'lRRS to ra:eiw the origjnal sif!(Hi stadium dt:x.:u:mm/s after the signing ~ With did m
takep!dJp, Do)W kmwiftheyhaw /x:ensig;W, am ifso, 'lRhorrifPt haw thetri Please let ndmw
Thanks,
Michelle Taylor
Sr. Sromt1Jl 0J:y Oerk', qjUE
(909)384-5002, at 3206
TA YLCX? _ MI!liIa_ IA N-BF.RNARDINQC4.llS
2
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, CM.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
..
January 8, 2003
Larry Sharp
Arrowhead Central Credit Union
202 East Airport, Suite 250
San Bernardino, CA 92402
Dear Mr. Sharp,
Enclosed for your files is a fully executed copy of the Memorandum of Understanding between
the City of San Bernardino, San Bernardino Stampede, Inc., and Arrowhead Central Credit
Union.
If you have any questions, please do not hesitate to call me at (909)384-5002.
~;:~2ffi 4&-
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "0" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
~
January 8, 2003
David Oldham
San Bernardino Stampede, Inc.
280 South "E" Street
San Bernardino, CA 92401
Dear Mr. Oldham,
Enclosed for your files are fully executed copies of the Amendment to Lease between the City of
San Bernardino and San Bernardino Stampede, Inc.; and the Memorandum of Understanding
between the City of San Bernardino, San Bernardino Stampede, Inc., and Arrowhead Central
Credit Union.
If you have any questions, please do not hesitate to call me at (909)384-5002.
Sincerely,
dl(t~P~ ~(~
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
'.
,.'
-.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): J - ;:)(1- () ::,.
Vote: Ayes ~I) 4-') Nays
Change to motion to amend original documents:
;Ui A-
Item #
e-
Abstain
Reso. # On Attachments: ~ Contract term:
Note on Resolution of Attachment stored separately: __
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to MayST (/J-t./ /O;t-
f 1
Date of Mayor's Signature: (?-,,\ I Od
Date of ClerklCDC Signature: 1- J 4 - D ~
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ./
Parks & Rec.
Code Compliance
Dev. Services
Police
Public Services
Water
Notes:
Resolution #
,q
-
'1. 00.2 - :l.q
Absent ~
2002.- ~O
~
NullNoid After: -
Reso. Log Updated:
Seal Impressed:
./
./
Date Returned:
YesL No By
Yes No ~ By
Yes No / By
Yes NoY By
Yes No/ By
EDA
Finance
MIS
Others:
tn1Dr
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: 1D::r:....
Date: I) b r.,. Jc,;)
./ .
Revised 01/12/0 I
~
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): / - d d - 0 d- Item #
Vote: Ayes ~ 1,'-\-'\ Nays ~
Change to motion to amend original documents: -
.2 q IJ Resolution #
Abstain~
:J.J:O;2 - 30
Absent 1..-
5~ 'LC:>C);) -.;l.C(
Reso. # On Attachments: ~ Contract term:
Note on Resolution of Attachment stored separately: -=--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
NullNoid After: -
Date Sent to May~ I /).-tf /d ~
Date of Mayor's Signat~re: \ 1:>4 )0;;>
Date of Clerk/CDC Signature: ~
Reso. Log Updated: V
Seal Impressed: ./'
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Date Returned:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes ~ No By
Yes No~ By
Yes No ~ By
Yes No t/ By
Yes NO? By
Copies Distributed ~:
City Attorney v' Code Compliance
Dev. Services
EDA
Finance
Others: Ir\ {\-<., 0 (
I
MIS
Parks & Rec.
Police
Public Services
Water
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: \'\'\'1
Date: (()/J (, /0 ?
Revised 0 I / 12/0 I