YMCA of Snohomish County 6/7/2018

(1) YMCA Programming. The YMCA may deny Equal Access to portions of the YMCA Pool to the extent such portions are necessary for use by YMCA Programming. For the purposes of this Agreement, "YMCA Programming" is a class or other single-activity group that (i) requires advance registration of participants; (ii) is open to registration by Everett Resident Users on the same basis as YMCA members, except that the YMCA may charge a Everett Resident User the same fee for such participation as the YMCA would charge any other person not a YMCA member; (iii)is under the direction of an instructor or other group leader, and(iv) occurs at regular, pre-scheduled times. One example of YMCA Programming is group swimming lessons. "Open swim"is never YMCA Programming. (2) Maximum Occupancy. The parties acknowledge and agree that the YMCA Pool will be subject to the YMCA Pool's maximum occupancy limit, which is determined by the Everett Building Official and WAC 256-260-041, as it may be amended. If, at any particular time,the YMCA Pool's maximum occupancy is within 10%of being reached,the YMCA may deny Equal Access to the YMCA Pool and allow entry to YMCA members only, except that (i) once YMCA Pool occupancy decreases below such 10%, then Everett Resident Users will again be allowed entry and (ii) if the YMCA denies entry to Everett Resident Users under this Section 2.A.2 more than two days in a calendar month,then for the remainder of such month entry to the YMCA Pool will be solely based on a first-come, first served basis without regard to YMCA membership. (3) Remedies. If the YMCA fails to provide Equal Access, then(i)the Access Term automatically extends by a time period equal to the time period of such failure and (ii) if the YMCA fails to cure such failure within 15 business days after written notice thereof from the City,then the City may proceed directly to arbitration under Section 10.D below. B. Open Hours Requirement. In addition to the Equal Access requirement provided in Section 2.A above, the YMCA during the entire Access Term will operate the YMCA Pool so that at least one reasonably usable portion of the YMCA Pool is open for non-exclusive use by Everett Resident Users at least seventy-four and one half(74.5) hours per week (the "Open Hours Requirement"). On Monday through Friday, such hours open to Everett Resident Users will total at least sixty(60)hours, and will include a reasonable mix of morning hours (opening until noon), afternoon hours (noon until 6pm), and evening hours (6pm to closing). On Saturday and Sunday, such hours open to Everett Resident Users will include all hours the YMCA Pool is open to any users, for a minimum total of 14.5 hours. 4