HomeMy WebLinkAboutFRIENDS OF CARRILLO RANCH, INC; 2011-01-17;MEMORANDUM OF UNDERSTANDING
between
City of Carlsbad, a municipal corporation
and the
Friends of Carrillo Ranch, Inc.
The Memorandum of Understanding ("Agreement") is made and entered into between the City
of Carlsbad ("City"), and the Friends of Carrillo Ranch, Inc.
A. PURPOSE:
To provide indemnification to the Friends of Carrillo Ranch, Inc. arising out of the
exchange of a monetary donation by the Friends of Carrillo Ranch, Inc. to the City's to
the Carrillo Ranch Trust Fund for the production of a new informational video for visitors
of Leo Carrillo Ranch Historic Park.
B. FRIENDS OF CARRILLO RANCH, INC. SHALL:
Provide donation to the City of Carlsbad - Carrillo Ranch Trust Fund administered by the
City's Parks & Recreation Department in the amount of $15,000 (fifteen thousand
dollars) in support of the production of a new informational video to benefit the Leo
Carrillo Ranch Historic Park.
C. CITY SHALL:
1. Acknowledge that Friends of Carrillo Ranch, Inc. are the sole sponsor of the
informational video;
2. Title the new informational video: "Carrillo Ranch: Carlsbad's Sleeping Beauty";
3. Provide "funding" credit to Friends of Carrillo Ranch, Inc. by displaying its logo on screen
for not less than 5 seconds at beginning or end of video;
4. Provide 25 copies of the new informational video at no charge to selected members of
Friends of Carrillo Ranch, Inc. The videos will be stamped "unauthorized duplication
prohibited;" and
5. Provide indemnification of the Friends of Carrillo Ranch, Inc. as follows:
City holds or will hold all required intellectual property rights, whether said
right or rights originate in copyright, trademark patent or other intellectual
property right ("Rights"), in connection with the production of a new
informational video to be titled Carrillo Ranch: Carlsbad's Sleeping
Beauty (Video), and said Rights are either original, not encumbered and
do not infringe upon the Rights of any third party, or are in the public
domain. If any claim, suit or allegation in copyright, trademark, patent
infringement, or other infringement of an intellectual property right is
alleged, threatened or brought against the Friends of Carrillo Ranch, Inc.
arising out of the Friends of Carrillo Ranch, Inc.'s donation of monies to
the Carrillo Ranch Trust Fund in connection with said Video production,
City agrees to indemnify and hold harmless the Friends of Carrillo Ranch,
r
Inc., its officers, employees and agents from and against any and all
claims, actions, costs, judgments or damages of any type alleged,
threatened, or brought that said Rights infringe the Rights of any third
party.
D. AUTHORITY:
The individuals executing this Agreement and the instruments referenced in it on behalf of
the Friends of Carrillo Ranch, Inc. each represent and warrant that they have the legal
power, right and actual authority to bind Friends of Carrillo Ranch, Inc. to the terms and
conditions of this Agreement.
Friends of Carrillo Ranch, Inc.CITY OF CARLSBAD, a municipal
corporation of the State of California
(sign
Alan Kindle, President
(print name/title)
DATED: /2011
By:
' (
ATTES
Mayor
;-$3/VOOD
APPROVED AS TO FORM:
RONAI , City Attorney
/{ Assistant/Deputy City Attorney