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Big League Dreams Sports, LLC A2013-77 P\77-11 � I1Ir/i/ N BIG LEA• GUE 1 .p„....,I A' AMS Dr m S Big League ea ortsPark s p SIGNAGE AGREEMENT This SIGNAGE AGREEMENT ("Agreement") is entered into this 3rd day of December, 2013, by the CITY OF CHINO HILLS ("City") and BIG LEAGUE DREAMS SPORTS, LLC, ("Big League Dreams") with respect to signage at the Big League Dreams Sports Park in Chino Hills ("Park"). I. Term of Agreement ("Term"): 12 full months of signage display rights at the Park commencing JANUARY 1, 2014 and terminating DECEMBER 31, 2014. II. City agrees as follows: 1. Payment for the Term: In consideration for the signage display rights for the Term, City shall pay Big League Dreams Twenty Four Thousand Nine Hundred Dollars ($24,900.00). The full amount is to be paid upon execution of this Agreement. 2. Sign Design and Production: The parties agree Big League Dreams will not design signs or provide design services as part of this Agreement. City must furnish design(s) according to Big League Dreams production specifications available upon request. Big League Dreams will produce signs designed by the City for an additional fee of Four Hundred Dollars ($400.00) plus tax. Any sign furnished by the City or produced by Big League Dreams in accordance with this Agreement shall be the property of the City and can be claimed by the City at the end of the Term, or if replaced with signs of a different design prior to the end of the Term. The City may change signs on a quarterly basis if it so elects, subject to payment of the production fee, if applicable. Design is subject to the approval of Big League Dreams which approval will not be unreasonably withheld. 3. Exclusivity: No exclusivity is offered or implied under this Agreement. 4. City understands that independent promoters may, from time-to-time, contract for tournaments and other special events at Big League Dreams. On rare occasions major event promoters may offer event sponsorship exclusivity that temporarily requires the City's signage to be covered. Big League Dreams will so notify City on a case-by-case basis if and when such conflicts occur. The amount of refund shall be a percentage of the payment under Section 11.1, equal to the percentage of days that the City's signage is covered during the Term. III. Big League Dreams agrees as follows: 1. Big League Dreams will display signage as follows: • (1) 10'X 19' 6" "MAXI" sign on Ebbets Field • (2) 5-1/2'x 15' signs on Yankee Stadium • (2) 5-1/2' x 15' signs on Fenway Park • (1) 5-1/2' x 15' signs on Tiger Stadium • (1) 5-1/2'x 15' sign on Ebbets Field • (1) 5-1/2'x 15' sign on Crosley Field • (2) signs on the indoor soccer pavilion 2. Big League Dreams maintains all signage in accordance with the esthetic standards of all other graphic displays on the property. Big League Dreams will replace signs produced by Big League Dreams at no expense to the City during this Term if they do not withstand normal weather and playing conditions for the first year after production. Signage that is more than one year old that needs to be replaced will be done at City expense. 3. The size of all signage is approximate and depends on the exact location. Big League Dreams will locate all signage on the field, or playing area specified by the City. Big League Dreams may modify the specific position on the field or playing area. Signage renewed for an additional Term will be continue to be displayed where originally positioned, or moved to a more desirable vacant position within the category of the original sign. IV. Termination and Continuation 1. For a period of 30 days commencing 90 days prior to the expiration of the Term, City shall have Rights of First Negotiation for the renewal of this agreement, and/or for any new forms of advertising or sponsorship offered by Big League Dreams at the Park. 2. If one party believes the other has failed to fulfill any part of this Agreement, the party shall give written notice specifying the failure, and providing a period of not less than ten (10) business days for the other party to cure the failure. If the other party fails to fulfill the terms as stated within that 10-day period, or to begin to diligently fulfill the terms if compliance cannot be reasonably be completed within 10-days, this Agreement may be terminated by either party upon written notice. V. Conclusion 1. The determination that any provision of this agreement is invalid or unenforceable shall not invalidate this agreement, all of such provisions being inserted conditionally on their being considered legally valid, and, in such event, this Agreement shall be construed and performed in all respects as if such invalid or unenforceable provision(s)were omitted. 2. Both the Company and Big League Dreams, having read the Agreement and understanding the conditions, agree to enter the same. 3. Venue for this Agreement shall be in San Bernardino County, California, which both parties acknowledge is a convenient forum. The laws of California, except those pertaining to conflict of laws, shall apply and govern this Agreement. This Agreement shall not create a partnership or joint venture CITY OF CHINO HILLS BIG LEAGUE DREAMS SPORTS, LLC By: ,) Q411 By: ' 74,k A &Jr..., Name: Kathleen A. Blomo Named-ohn Giambi Title: Acting City Manager Title: Executive Sales Manager www.BIgLeagueDreams.com