USE AGREEMENT FOR SNACK BAR AT FAIRWAY PARK
THIS USE AGREEMENT (“AGREEMENT”) is made and entered into this 1 st day of November, 2025 (“EFFECTIVE DATE”) by and between the CITY OF PACIFICA, a municipal corporation (“CITY”) and PACIFICA LITTLE LEAGUE, a 501(c) nonprofit corporation (“USER”).
Recitals
A. CITY owns real property commonly referred to as Fairway Park located at Cindy Way, Pacifica, California, as shown on Exhibit A, attached hereto (“Property”). The Property is improved with a building which is approximately 442.5 square feet, which houses a restroom and a snack bar. The portion of the building housing the snack bar is approximately 332.5 square feet (“Premises”). A drawing depicting the general location and layout of the Premises is attached hereto and incorporated herein by reference as Exhibit B.
B. USER has provided valuable volunteer services to the City in maintaining the Property and has donated funds to support the Property throughout the years, with an estimated value to the City of $40,000. USER contributes to the community by supporting local sports activities and by purchasing uniforms, equipment and ball diamonds for Little League sports.
C. The parties wish to make the property available for the use of USER for the purpose of operating a snack bar during Little League games. This AGREEMENT is intended to formalize the understandings between the parties regarding the use and operation of the Property. In recognition of USER’s valuable services, CITY desires to allow USER to operate the snack bar for $1 (one dollar) per annum.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. TERM.
The initial term of this AGREEMENT shall be for five (5) years, commencing on November 1, 2025, and ending on October 31, 2030 (“Initial Term”). Either CITY or USER may opt not to extend this AGREEMENT beyond the Initial Term by communicating such intent prior to the expiration of the Initial Term in the manner provided in Paragraph 21. If neither CITY nor USER communicates such intent not to renew, then this AGREEMENT shall be automatically extended for an additional five (5) year period, commencing on November 1, 2030, and ending on October 31, 2035 (“Additional Term”). The Additional Term shall be on all the terms and conditions of this AGREEMENT.
1. HOLD-OVER.
If USER remains in possession of the Premises after the termination or expiration of this AGREEMENT, then USER shall be deemed to be occupying the Premises on a monthto-month basis, subject to the terms and conditions of this AGREEMENT.
2. RENT.
User covenants and agrees to pay CITY as rent the sum of one dollar ($1.00) per year with such payments sent to City Hall, 170 Santa Maria, Pacifica, California, 94044 Attn:
Finance Department. The first payment is due within thirty days of the execution of this AGREEMENT by all parties. All other sums are due and payable on the first business day of January of each year unless due on an earlier date as set forth in this AGREEMENT. USER shall also pay for certain expenses and utilities as outlined in Paragraph 4.
3. UTILITIES & OTHER EXPENSES
USER shall contract for and pay any and all charges for security systems, alarm monitoring, and telephone services. USER shall also provide its own janitorial services at its own cost and expense and shall maintain the Premises in a clean, safe, and presentable condition, including exterior cleanliness and landscaping of the immediate area surrounding the Premises. CITY shall provide electricity, sewer, and water. If CITY incurs any charges beyond the standard baseline for utilities due to USER’s activities, USER shall reimburse CITY for such charges within thirty (30) days of CITY providing USER with a statement of such charges. USER shall be responsible for its own trash disposal and recycling in compliance with City waste management requirements.
4. POSSESSORY INTEREST TAX.
USER acknowledges that San Mateo County may impose a possessory interest tax for its use of the property, and if such tax is imposed, that USER will be responsible for its payment.
6. USE OF PREMISES
A) USER shall use the Premises only for the purpose of selling or serving snacks during Little League baseball games. USER shall not use or permit the use of the Premises for residential purposes, nor shall it store or permit the storage of flammable liquids or products on the Premises.
B) USER shall not use nor permit the use of the whole or any part of the Premises for any purpose other than that set forth in subparagraph 6A herein without having received prior written consent of CITY.
C) USER shall not use any portion of the Premises or permit the use of the Premises in a manner that could increase the existing rate of insurance upon the Premises, or cause cancellation of insurance policies covering the Premises.
7. MAINTENANCE AND REPAIR.
USER shall maintain the Premises in good, safe, and sanitary condition, including routine janitorial services, minor electrical and plumbing repairs, interior painting, and upkeep of the security system. CITY shall be responsible for structural repairs, including major plumbing, roofing, and electrical systems, unless damage is caused by USER’s negligence or misuse. USER shall immediately report any damage or safety hazards to CITY.
8. RIGHT OF ENTRY
CITY staff may enter the Premises at reasonable times, with at least 24 hours’ notice, for inspection, maintenance, or other City-related purposes. In case of emergency, CITY may enter without prior notice.
9. SIGNS
USER shall not construct or install any exterior sign without the prior written consent of the CITY.
10. IMPROVEMENTS
All improvements made to the Premises during the term of this AGREEMENT shall belong to the CITY, except trade fixtures of the USER. USER may, upon termination hereof, remove its own trade fixtures, but shall repair or pay for all repairs necessary for damages to the Property occasioned by such removal to the satisfaction of the CITY and return the Premises to the condition as of the commencement of the Initial Term. Prior to making any improvements to the Property, USER shall obtain CITY’s approval and any required permits. CITY reserves the right to redesign, reconstruct, expand, enlarge, reconfigure, or otherwise alter the Premises during USER’s occupancy. USER shall keep the Premises free of all mechanics’ and materialmen’s liens and shall promptly pay and discharge all claims for labor to be performed, supplies furnished, and services rendered at the request of USER.
11. EQUIPMENT.
User shall provide its own furniture and equipment, ensuring all items are safe and in good working order.
12. ABANDONMENT.
If USER vacates or abandons the Premises , any personal property left upon the Premises or Property shall be deemed to be abandoned and may be disposed by the CITY after 30 days.
13. ASSIGNMENT
USER shall not assign this AGREEMENT without the prior written consent form the City Manager or designee. Any such assignment without consent shall be void and, at the option of CITY, may terminate the AGREEMENT.
14. COMPLIANCE WITH LAWS
USER shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including health and safety codes.
15. CITY’S INDEMNIFICATION.
USER expressly acknowledges that it is entering the Property at its own risk. USER hereby waives, releases, and agrees to indemnify, hold harmless and defend (with independent counsel approved by the CITY) CITY and CITY’S officers, officials, employees, agents, volunteers, contractors or subcontractors from and against any and all losses, claims, liabilities, damages, costs and expenses, including attorneys’ fees and costs, or other compensation, of whatever kind or nature, or injuries including but not limited to personal injuries or death arising out of or in any way connected with the USER’s operations under this AGREEMENT or the performances of this AGREEMENT by USER or its officers, volunteers, directors, officers or agents. Negligent or criminal acts by members of the public at the Premises shall not be deemed to be the liability or responsibility of CITY. The indemnity provision of this section shall survive the expiration or termination of this AGREEMENT.
16. DISCLAIMER OF CONDITION OF PROPERTY
CITY makes no warranty or representation of any kind concerning the Property or the fitness of the Premises for the use intended by USER, or any other aspect thereof including any structures or improvements located on the Property, the availability of utilities, or the absence or presence of hazardous materials. USER has inspected the Premises, knows and accepts its condition, waives any express or implied indemnity against CITY.
17. INSURANCE.
USER shall maintain during the term of this AGREEMENT insurance against claims or injuries to persons or damages to property arising from or in connection with USER’s operation and use of the Premises. The cost of such insurance shall be borne by the USER. USER shall maintain insurance as follows:
a) General Liability, in the amount of $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this location or the general aggregate limit shall be twice the occurrence limit. b) The General Liability policy is to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, agents, employees and volunteers are to be covered as additional insureds by endorsement as respects to liability arising out of Premises owned, occupied or used by the USER. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, agents, employees or volunteers.
ii) The USER’s insurance coverage shall be primary insurance with regard to the CITY, its officers, officials, agents, employees and volunteers. Any insurance maintained by the CITY, its officers, officials, agents, employees and volunteers shall be excess of USER’s insurance and shall not contribute to it.
iii) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, or cancelled, or reduced in coverage or in limits except after thirty (30) days prior written notice by mail has been given to the CITY.
18. PROPERTY INSURANCE
The USER shall maintain full replacement cost coverage with no coinsurance penalty provision. The USER shall also maintain property insurance covering its personal property.
19. WORKER’S COMPENSATION INSURANCE & EMPLOYER’S
LIABILITY
If USER hires employees, it shall also take out and maintain Workers’ Compensation Insurance as required by state law. USER shall also maintain $1,000,000 in Employer’s Liability Insurance.
20. GENERAL REQUIREMNENTS
i) Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the CITY, or the USER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses as approved by the City Attorney.
ii) Coverage shall state that the USER’s insurance shall apply separately to each insured against which claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
iii) Insurance is to be placed with insurers with a Best’s rating of no less than A:VII. iv) User’s insurer shall agree to waive all rights of subrogation against the City. v) USER shall furnish to the CITY certificates of insurance and endorsements as required by this clause.
21. DAMAGE OR DESTRUCTION
In case the Premises are damaged by fire or other casualty, CITY may elect to terminate this AGREEMENT upon thirty (30) days’ written notice to USER. If CITY is unable or
unwilling to repair damage caused by fire or other casualty, USER may elect to terminate this AGREEMENT.
22. DEFAULT BY USER.
In the event of any breach of this AGREEMENT, CITY, in addition to other rights and remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from its Property. Such property may be moved and stored in a public warehouse or elsewhere at the cost of, and for the account of, USER. The CITY will store this property for USER for a period of thirty (30) days, after which time the CITY may dispose of the property in any manner in its sole discretion if the USER does not accept responsibility for the property.
23. MISCELLANEOUS PROVISIONS.
A. No Personal Liability.
No member, official or employee of CITY shall be personally liable in the event of any default or breach of this AGREEMENT.
A. Entire Agreement.
This AGREEMENT constitutes the complete agreement between the parties and supersedes any and all other agreements, either oral or in writing between the parties with respect to the subject matter of this AGREEMENT.
B. Modification.
This AGREEMENT may be modified or amended only by a written document signed by representatives of both parties.
C. Applicable Law.
If any action at law or in equity is brought to enforce or interpret the provisions of this AGREEMENT, the rules, regulations, statutes and laws of the State of California shall control. Any litigation concerning this AGREEMENT shall be initiated in San Mateo County.
D. Severance.
If any party of this AGREEMENT is invalid by reason of law or governmental regulation, or if any provisions are waived by the CITY, the remaining portions of this AGREEMENT shall remain in full force and effect.
E. No Decision.
Nothing contained in this AGREEMENT shall be deemed a gift or dedication of any portion of the Property to or for the general public or for any public purpose whatsoever.
This AGREEMENT shall be strictly limited to and for the purposes expressed within.
F. Counterparts.
This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same AGREEMENT.
G. Authority.
The parties represent that the individuals signing this AGREEMENT have the authority to do so.
H. Relocation Benefits
USER agrees that its use of Property or this Agreement shall not entitle USER to any relocation benefits pursuant to federal, state or local law and waives any such claim against CITY.
24. PROHIBITED ITEMS
The sale or use of alcohol, tobacco, vaping products, or cannabis on or within the Property is strictly prohibited.
25. NOTICES.
Any notice, insurance certificate or endorsement which either party may or is required to give the other shall be given by mailing, postage prepaid, to the below-designated places, or at such other place as may be designated by the parties from time to time:
To CITY:
City Manager
170 Santa Maria Avenue
Pacifica, California 94044
With a copy to:
Burke, Williams & Sorensen, LLP
1901 Harrison Street, 9th Floor
Oakland, CA 94612
Attn: Michelle Marchetta Kenyon
To USER:
President
Pacifica Little League
P.O. Box 1163
Pacifica, CA 94044
[Signature on Next Page]
IN WITNESS WHEREOF, this AGREEMENT is executed by the CITY and USER as of the EFFECTIVE DATE.
CITY OF PACIFICA PACIFICA LITTLE LEAGUE
By: ___________________________ By: __________________________ Kevin Woodhouse Tim Barry
City Manager President
ATTEST
By:
Sarah Coffey
City Clerk
APPROVED AS TO FORM
By:
Michelle Marchetta Kenyon
City Attorney