Item #05
Date: June 16, 2026
To: Mayor and City Council
From: Dan Flores, Assistant City Manager/ Community and Economic Development Director Jeramy Chapdelaine, Public Works Director/Building Official Jim Schaad, City Manager
Subject: Approval of Facility Use Agreement - Beckwourth Riverfront Park Softball Fields Recommendation:
Pass a Resolution No. 2026-XX approving the Facility Use Agreement between the City of Marysville and Boom Time, LLC for the operation, maintenance, and improvement of the Beckwourth Riverfront Park softball complex, including approximately $200,000 in facility improvements, ongoing maintenance and operational obligations, and a capital improvement cost recovery framework, and authorize the City Manager to execute the Agreement and any minor non-substantive revisions approved by the City Attorney.
Background:
The Beckwourth Riverfront Park softball complex is a valuable community recreational asset consisting of two softball fields, associated parking areas, spectator areas, restroom and snack bar facilities, and surrounding park property.
The facility requires ongoing maintenance, operational oversight, and capital improvements to ensure its continued use and long-term viability. Staff has worked with the proposed Licensee to develop a Facility Use Agreement that provides for operation and maintenance of the facility while leveraging private investment to improve the site and expand recreational opportunities for the community.
The Agreement establishes responsibilities for facility operation, maintenance, scheduling, insurance, capital improvements, and future recreational enhancements.
Discussion & Analysis:
The proposed Agreement provides an initial term through December 31, 2031, with one optional five-year extension through December 31, 2036, subject to the conditions contained in the Agreement.
The Agreement is structured to allow the City to retain ownership and overall control of the facility while leveraging private investment to restore, maintain, and enhance the softball complex and related recreational amenities. The License Area remains public property and the Agreement does not create a leasehold interest or transfer ownership rights.
During the primary baseball and softball season (February 1 through October 31), the Licensee will have exclusive scheduling rights for softball, baseball, tournaments, leagues, camps, concessions, and related recreational activities.
The City retains access at all times for emergency response, inspections, public safety activities, utility work, maintenance of City infrastructure, and other governmental purposes. During the off-season, the City may schedule City-sponsored events and other compatible uses.
In lieu of monetary license payments during the Initial Term, the Licensee will assume responsibility for operation, maintenance, utilities, field preparation, irrigation systems, restroom and snack bar facilities, recreational programming, and related site management activities. The annual value of the license is established at $24,000.
The Agreement includes approximately $200,000 in planned facility improvements consisting of:
• Snack Bar / Restroom Renovations - $45,000
• Irrigation Repairs and Restoration - $10,000
• Perimeter Fencing Improvements - $70,000
• Dog Park Improvements (Including Restroom) - $75,000
The Agreement establishes a formal amortization and cost recovery framework for approved capital improvements.
Eligible improvement costs must be approved by the City, documented by the Licensee, and accepted upon completion. Approved costs may be amortized over the Agreement term and maintained through an annual Improvement Balance review process. The parties may apply remaining approved balances toward future mutually approved capital projects, reducing the need for reimbursement transactions and encouraging continued reinvestment in the facility.
The Agreement also provides that, if the City terminates the Agreement without cause, the Licensee may be entitled to reimbursement or credit for the remaining unamortized value of approved improvements, subject to the requirements contained in Exhibit C.
The City will continue to retain responsibility for underground sewer infrastructure, septic systems, and major underground wastewater facilities. The City will also assist with coordination of future improvements, including irrigation infrastructure identification, pursuit of grant funding opportunities, sponsorships, donations, and future dog park lighting improvements as funding becomes available.
The Agreement further clarifies that parking fees may not be charged without prior City approval. Should paid parking be authorized in the future, the parties will negotiate a revenue-sharing and operational arrangement acceptable to both parties.
The Agreement contains insurance, indemnification, maintenance, default, and operational provisions intended to protect the City's interests while providing a framework for long-term recreational investment at the facility.
Environmental Impact:
Approval of the Facility Use Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), which applies to the operation, maintenance, permitting, licensing, or minor alteration of existing public facilities involving negligible or no expansion of existing use.
Future improvements requiring permits or discretionary approvals will be reviewed separately for CEQA compliance as required.
Alignment with City Council Goal(s):
This action supports City Council goals related to:
• Preserving and improving public recreational facilities; • Leveraging public-private partnerships to maximize community benefit; • Expanding youth and adult recreational opportunities; • Enhancing quality of life for residents;
• Improving stewardship of public assets; and
• Reducing long-term maintenance burdens on City resources.
Legal Review:
The City Attorney has reviewed the Facility Use Agreement and approved it as to form.
Fiscal Impact:
The annual value of the license is established at $24,000. During the Initial Term, the Licensee will provide facility maintenance, operational services, recreational programming, utility payments, and approved capital improvements in lieu of monetary license payments.
The Agreement is anticipated to result in approximately $200,000 in private investment for facility improvements together with ongoing maintenance and operational benefits that would otherwise require City resources.
The Agreement establishes a structured amortization and improvement balance process for approved capital improvements. This framework allows future approved improvement costs and funding contributions to be tracked and applied toward future capital projects within the facility, minimizing the need for reimbursement transactions while encouraging continued reinvestment.
The City's estimated share of future perimeter fencing improvements is approximately $35,000 and would be subject to future Council appropriations, grant funding, sponsorships, donations, or other approved funding sources. No additional appropriation is requested as part of this action.
Staff anticipates the Agreement will reduce long-term maintenance obligations, improve facility conditions, expand recreational opportunities, and leverage private investment to enhance a City-owned recreational asset.
The estimated value of maintenance, operations, and improvements substantially exceeds the annual license value of $24,000.
Attachment(s)
1. Attachment 1 - Facility Use Agreement
2. Attachment 2 - Resolution No. 2026-XX