2021/07/28 Council Agenda Packet

B. Alterations / Signage VOA shall not make or permit to be made any alterations, additions, improvements or installations in or to the Center (individually and collectively "VOA Alterations") without first obtaining the consent of the City, which may be withheld in City's sole discretion. All VOA Alterations shall be (1) completed in accordance with the plans and specifications approved by the City; (2) completed in accordance with all Governmental Requirements (as defined below and including, without limitation, Chapter 39.12 RCW); (3) carried out promptly in a good and workmanlike manner; (4) completed with all new materials; and (5) free of defects in materials and workmanship. The City will provide a location on the exterior of the Center for VOA to install VOA signage, which signage must be preapproved by the City and such approval will not be unreasonably withheld. VOA shall not place any other signs or other displays visible from outside of the Center, without first obtaining the consent of the City, which may be withheld in City's sole discretion. C. Utilities and Services 1. City -Provided Utilities and Services. Except to the extent specifically provided otherwise in a current Agreed Service Plan, the City shall be responsible for paying the cost of the following services: HVAC operations and electronic marquee;; elevator maintenance; glass and door repairs, and security alarm. 2. VOA -Provided Utilities and Services. Except to the extent specifically provided otherwise in a current Agreed Service Plan, the VOA shall be responsible for all other utilities and services costs not City -provided under Section III.C.1 above, including without limitation that the VOA is responsible for the all costs of Center electricity, water and sewer, gas, Internet and cable, janitorial and trash service, fitness equipment service, kitchen equipment service, public Wi- Fi, phones, and security camera service. D. City Inspection City and its agents shall have the right, but not the duty, to inspect the Center at any time to determine whether VOA is complying with the terms of this Agreement regarding maintenance and repair. If VOA is not in such compliance with this Agreement, City shall have the right, but not the duty, to immediately enter upon the Center to remedy any conditions or circumstances caused by VOA's failure to comply with the terms hereof, and VOA shall reimburse City for all costs and expenses incurred by City in connection with the remedy of such conditions or circumstances within thirty (30) days of demand. IV. FINANCE A. Accounting and Budget 1. Accounting for Previous Fiscal Year. No later than September 1st of each calendar year, VOA shall provide City with an accounting of actual income and expenses of the VOA's prior fiscal year, which ends in June. This will include a profit and loss statement based on Center operations for such previous year. In addition, VOA will provide City each year once available 6