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b <br /> the current City guidelines in the City's tiered park schedule for maintenance, as determined by <br /> the City. <br /> (4) Neighborhood Park Use. The City maintains full authority to <br /> manage the Neighborhood Park. YMCA may be permitted special use of portions of the <br /> neighborhood park for programming activities, similar to other organizations use of other parks, <br /> subject to City park use regulation. <br /> (5) Park Donation Recognition. After passage, termination or <br /> waiver of the Park Property Reconveyance Right, the City shall recognize the land donation with <br /> an appropriate ceremony and the installation of an appropriate plaque or plaque-like symbol on <br /> the Park Property. <br /> 3. YMCA Pool. <br /> a. Construction, Maintenance, and Operation. The YMCA is solely <br /> responsible for design and construction of the YMCA Facility and YMCA Pool at its sole cost <br /> and expense. The YMCA will pay prevailing wages for such construction in accordance with <br /> Chapter 39.12 RCW. The YMCA will consult with the City prior to completing 100% design <br /> drawings for the YMCA Pool. The 100% drawings and the final completed work will contain <br /> the elements described in Section 1.b. above. <br /> b. Access Easement. Simultaneously with the execution of this Agreement, <br /> the parties shall duly execute and record against the YMCA Property the Access Easement in the <br /> foai attached to this Agreement as Exhibit G. The Access Easement will be recorded prior to <br /> any instrument(such as a deed of trust)relating to construction of the YMCA Facility. <br /> c. Access Payment by City. In exchange for the rights granted to the City <br /> under the Access Easement, the City shall make payments to the YMCA totaling two million <br /> five hundred thousand dollars ($2,500,000) on the following schedule (such $2,500,000, the <br /> "Access Payment"): <br /> (1) First Installment. The City shall pay One Million Two Hundred <br /> Fifty Thousand and 00/100 Dollars ($1,250,000.00) by the latest of the following dates: (i) June <br /> 15, 2019, (ii) the beginning date of the Access Term or (iii)the closing date of the transfer of the <br /> Park Property. <br /> (2) Second Installment. No later than lime 15, 2020, or the date that <br /> is nine months after the payment due date of the first installment, whichever is later, the City <br /> shall pay Five Hundred Thousand and 00/100 Dollars ($500,000.00). <br /> (3) Third Installment. No later than June 15, 2021, or the first <br /> anniversary date of the due date of the second installment, whichever is later, the City shall pay <br /> Five Hundred Thousand and 00/100 Dollars ($500,000.00). <br /> 5 <br /> 32 <br />