1 SPONSORSHIP AGREEMENT
This Agreement to Contribute Funds to the FOSTER CITY COMMUNITY CENTER SENIOR LOUNGE (“Agreement”) is made as of January 20, 2026, between the City of Foster City (“ CITY”), a California municipal corporation, and SCAN HEALTH PLAN , a 501 (c)(3) herein after known as SPONSOR. CITY and SPONSOR are collectively referred to as “Parties”.
RECITALS
A. CITY is constructing a new Foster City Community Center, anticipated to be completed in Summer 2026, which will include a dedicated Senior Lounge serving Foster City’s growing senior population.
B. SPONSOR wishes to contribute funds specifically as a sponsor pursuant to the City’s Sponsorship Policy (Revised January 2022), attached hereto and hereinafter incorporated by reference as Exhibit A, to sponsor the furnishing and enhancement of the Senior Lounge as part of its mission to promote senior wellness and community engagement.
C. CITY wishes to accept SPONSOR’s contribution and to provide appropriate recognition and benefits related to this contribution as outlined in this Sponsorship Agreement.
NOW THEREFORE, for and in consideration of the foregoing and the mutual covenants and conditions set forth in this Agreement, SPONSOR and CITY agree as follows:
AGREEMENT
1. SPONSOR OBLIGATIONS.
SPONSOR agrees to a total sponsorship of $50,000, to be paid in two (2) installments of $25,000, each to be used for the purchase, installation, and/or enhancement of furniture and related amenities for the Senior Lounge at the new Foster City Community Center.
Payment Schedule:
• First installment due January 31, 2026.
• Second installment due April 1, 2026.
If SPONSOR’s full contribution is not made by April 1, 2026, CITY shall have no obligation to provide the recognition benefits described in Paragraph 2.
2. CITY RIGHTS AND OBLIGATIONS.
The seven (7)-year term for all sponsorship benefits (“Term”) described in this Section shall begin on the date the new Community Center opens to the public for regular use (“Opening Date”).
In exchange for the contribution in Paragraph 1, CITY agrees to provide SPONSOR with the following recognition and benefits for the Term, which reflects the useful life of the furniture funded by SPONSOR:
• Recognition, as specified herein, as the Sponsor of the Senior Lounge in the new Foster City Community Center, with the sponsorship funds designated for the purchase of furnishings 2 (i.e., furniture, décor, equipment) for the Senior Lounge. The CITY shall use the funds provided by SPONSOR to purchase the furnishings for the Senior Lounge. SPONSOR shall have no involvement whatsoever in selecting the furnishings used in the Senior Lounge • SPONSOR shall be the sole health plan and/or hospital sponsor associated with the Senior Lounge for the duration of the Term.
• SPONSOR branding shall be prominently displayed outside the dedicated Senior Lounge for the seven-year duration of the sponsorship as described in this section. In addition, SPONSOR shall be acknowledged on the Community Center’s permanent donor and sponsor wall. • SPONSOR name and logo shall be included on the City’s project webpage for the new Community Center
• SPONSOR name and logo shall be included on the City’s project webpage for the new Community Center and in the Parks and Recreation Activity Guide (print and digital) announcing the Center’s opening. SPONSOR may also be featured in applicable CITY promotional communications related to the Senior Lounge. • CITY will include SPONSOR recognition in applicable press releases and community outreach related to the Senior Lounge opening.
• SPONSOR shall be invited to attend the Community Center grand opening and ribbon-cutting ceremony .
• SPONSOR shall receive advance notice of City-hosted events and programs serving seniors that take place within or in connection with the Senior Lounge, and may be offered the opportunity to table at or co -host such events, subject to City approval, policie s, scheduling, and space availability.
• SPONSOR shall be permitted, subject to City approval and facility availability, to host healthcare-focused, non-clinical educational or informational programs designed to engage seniors, including up to two (2) health fairs or wellness days per year at no facility fee charge.
All uses shall comply with City policies, standard facility use requirements, and scheduling procedures.
• SPONSOR will have no additional financial obligations beyond its sponsorship of the Senior Lounge.
• City of Foster City and Foster City Parks and Recreation acknowledge that “ Independence at Home”, the “SCAN Foundation”, and SPONSOR are separate and distinct entities. • The parties acknowledge that the recognition and benefits provided to SPONSOR reflect fair market value and are consistent with the standard benefits the City would offer for sponsorship of programs or facilities of a similar nature.
SPONSOR shall not expect, nor shall CITY grant, any additional consideration relating to CITY procurement, regulatory activities, or any other business or operations of the CITY beyond what is stated in this Agreement.
3. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party , or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. Either party may modify their respective contact information identified in this section by providing notice to the other party.
3 To: City of Foster City
Attn: Stefan Chatwin
610 Foster City Boulevard
Foster City, CA 94404
To: SPONSOR
Attn: Jennifer Caceres
3800 Kilroy Airport Way #100
Long Beach, CA 90806
[email protected]
4. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.
5. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.
6. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California.
Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Mateo.
7. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.
8. ASSIGNMENT AND DELEGATION. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the SPONSOR’s obligations be delegated, without the written consent of the CITY. Any attempt to assign or delegate this Agreement without the written consent of the CITY shall be void and of no force or effect.
9. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.
10. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
11. MUTUAL DRAFTING. Each party recognizes that this is a legally binding contract and acknowledges and agrees that they have had the opportunity to consult with legal counsel of their choice. Each party acknowledges that it has cooperated in the drafting, negotiation and preparation of this Agreement and agrees that any uncertainty herein is the fault of both of the parties and, therefore, California Civil Code section 1654 or any comparable statute is not applicable to the Agreement’s interpretation.
4 12. THIRD PARTY BENEFICIARY. The terms and provisions of this Agreement are intended solely for the benefit of each party hereto and it is not the intention of the parties to confer third-party beneficiary rights upon any other person or entity.
13. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the matters described herein.
14. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of SPONSOR and the CITY. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
15. NO PARTNERSHIP. It is expressly understood that this is an agreement between the Parties and that no individual agency, employee, partnership, joint venture, or other relationship is established by this Agreement. No volunteers, agents, employees of SPONSOR shall be considered employees of the CITY.
IN WITNESS WHEREOF, the CITY and SPONSOR agree to the full performance of the terms set forth herein.
“CITY” “SPONSOR”
CITY OF FOSTER CITY SCAN HEALTH PLAN
By:______________________________ By:_______________________________ Stefan Chatwin, CITY MANAGER Name:____________________________ Date:____________________________ Date: _____________________________ Title:______________________________
Date:______________________________
ATTEST
_________________________________
Priscilla Schaus, City Clerk
APPROVED AS TO FORM:
________________________________
Benjamin L. Stock, City Attorney