4730 COLBY AVE YMCA 2021-03-31 - Laserfiche WebLink

SWIMMING POOL ACCESS EASEMENT AND AGREEMENT THIS SWIMMING POOL ACCESS EASEMENT AND AGREEMENT (this "Agreement") is entered into this 746 day of Tkv , 2018 (the "Effective Date"),by and between the CITY OF EVERETT, a first-class charter city under the laws of the State of Washington (the "City"), and the YOUNG MEN'S CHRISTIAN ASSOCIATION OF SNOHOMISH COUNTY, a private non-profit Washington corporation (the "YMCA"). This Agreement is made in connection with the Agreement between the YMCA and the City dated Tti a e. 7 , 2018, as the same may be amended(the"Companion Agreement"). RECITALS A. The YMCA is the owner of the property legally described in Exhibit A to this Agreement. The YMCA is constructing on the YMCA Property a new recreational facility (the "YMCA Facility"). The YMCA Facility includes an aquatic center that includes a leisure pool (e.g., lazy river, zero depth entry) spa, sauna, separate lap lane pool, locker rooms, showers, and restrooms (collectively,the "YMCA Pool"). B. In exchange for the Access Payments as set forth in the Companion Agreement, the YMCA has agreed, under the terms and conditions set forth in this Agreement,to grant access to the YMCA Pool to Everett Residents. EASEMENT AND AGREEMENT 1. Grant of Easement/YMCA Responsibility. Effective as of the date of recording of this Agreement, the YMCA grants the City an easement-in-gross (the "Access Easement")giving Everett Resident Users (as defined below)the right to the use the YMCA Pool as set forth herein. The Access Easement teitninates at the expiration of the Access Tull' (as defined below). The YMCA is solely responsible for pool staffing, supplies, maintenance, operations and repair and replacement costs for YMCA Facility and YMCA Pool. The YMCA will operate and maintain the YMCA Pool in accordance with applicable law and consistent with indoor pool best management practices for pools of similar age, design, and use. 2. YMCA Pool Use by Everett Resident Users. As set forth below, the YMCA will operate the YMCA Pool so that Everett Resident Users may use the YMCA Pool, as it may be improved or expanded over time, in accordance with this Agreement for a period of twenty-five years,beginning on the date that the YMCA Pool is first made available to Everett Resident Users under this Agreement (this time period, the "Access Term"). The date the YMCA Pool is first made available to Everett Resident Users will 2 j/ke