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SWIMMING POOL ACCESS EASEMENT AND AGREEMENT <br /> THIS SWIMMING POOL ACCESS EASEMENT AND AGREEMENT (this <br /> "Agreement") is entered into this 74' day of TNNa , 2018 (the "Effective <br /> Date"), by and between the CITY OF EVERETT, a first-class charter city under the laws <br /> of the State of Washington (the "City"), and the YOUNG MEN'S CHRISTIAN <br /> ASSOCIATION OF SNOHOMISH COUNTY, a private non-profit Washington <br /> corporation (the "YMCA"). This Agreement is made in connection with the Agreement <br /> between the YMCA and the City dated TN N G 7 , 2018, as the same may be <br /> amended(the"Companion Agreement"). <br /> RECITALS <br /> A. The YMCA is the owner of the property legally described in Exhibit A to <br /> this Agreement. The YMCA is constructing on the YMCA Property a new recreational <br /> facility (the "YMCA Facility"). The YMCA Facility includes an aquatic center that <br /> includes a leisure pool (e.g., lazy river, zero depth entry) spa, sauna, separate lap lane <br /> pool, locker rooms, showers, and restrooms (collectively,the "YMCA Pool"). <br /> B. In exchange for the Access Payments as set forth in the Companion <br /> Agreement, the YMCA has agreed, under the terms and conditions set forth in this <br /> Agreement,to grant access to the YMCA Pool to Everett Residents. <br /> EASEMENT AND AGREEMENT <br /> 1. Grant of Easement/YMCA Responsibility. Effective as of the date of <br /> recording of this Agreement, the YMCA grants the City an easement-in-gross (the <br /> "Access Easement")giving Everett Resident Users(as defined below)the right to the use <br /> the YMCA Pool as set forth herein. The Access Easement terminates at the expiration of <br /> the Access Term (as defined below). The YMCA is solely responsible for pool staffing, <br /> supplies, maintenance, operations and repair and replacement costs for YMCA Facility <br /> and YMCA Pool. The YMCA will operate and maintain the YMCA Pool in accordance <br /> with applicable law and consistent with indoor pool best management practices for pools <br /> of similar age, design, and use. <br /> 2. YMCA Pool Use by Everett Resident Users. As set forth below, the <br /> YMCA will operate the YMCA Pool so that Everett Resident Users may use the YMCA <br /> Pool, as it may be improved or expanded over time, in accordance with this Agreement <br /> for a period of twenty-five years,beginning on the date that the YMCA Pool is first made <br /> available to Everett Resident Users under this Agreement (this time period, the "Access <br /> Term"). The date the YMCA Pool is first made available to Everett Resident Users will <br /> 2 <br />