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D. Failure to Make Access Payments. If the City fails to make an <br /> Access Payment as required under the Companion Agreement, the YMCA may deny <br /> entry to the YMCA Pool to Everett Resident Users until such Access Payment and <br /> applicable interest thereon is paid in full. <br /> 3. Everett Resident User Fees. The YMCA will not charge any Everett <br /> Resident User for the YMCA Pool use provided under this Agreement. Instead, Everett <br /> Resident Users will pay "Everett Resident User Fees" to the City in amounts as <br /> determined by the City as set forth in this Section 3. The YMCA will not allow Everett <br /> Resident Users to use the YMCA Pool without payment of Everett Resident User Fees. <br /> All other revenue generated by aquatic programs organized and conducted by the YMCA <br /> will be retained by the YMCA. <br /> A. Initial Fees/Annual Review. Everett Resident User Fees <br /> (including admission fees, fee categories, and fee eligibility criteria (e.g., age)) will be <br /> initially set between the City's Forest Park Swim Center open swim fee(by fee category) <br /> and the YMCA's day pass fee (by fee category). Everett Resident User Fees will be <br /> thereafter determined by the City after consultation with the YMCA. Everett Resident <br /> User Fees shall be reviewed annually by the City and the YMCA. The City Parks Director <br /> will provide the YMCA written notice of the City's determinations regarding Everett <br /> Resident User Fees annually after consultation with the YMCA. <br /> B. Electronic Payments. The City will install a payment kiosk at the <br /> YMCA Pool so that Everett Resident Users may pay Everett Resident User Fees <br /> directly to the City by credit card, debit card, and/or other electronic means. The <br /> YMCA will provide at no charge a reasonable location and internet connection for the <br /> payment kiosk. <br /> C. Cash Payments. On behalf of the City,the YMCA will accept <br /> cash payments from Everett Resident Users for Everett Resident User Fees. <br /> (1) No later than the 15th of each month,the YMCA will pay <br /> to the City an amount equal to the Everett Resident User Fees from the previous month, <br /> less an administration fee of 2.5%. <br /> (2) Prior to the beginning of the Access Term,the YMCA <br /> will deposit$3000 with the City. On each anniversary of the beginning date of the <br /> Access Term(or such other periodic dates that the parties agree to),the YMCA and the <br /> City will adjust this deposit(by additional deposit by the YMCA or by refund to the <br /> YMCA) so that the deposit equals at least 150% of the average monthly amount of <br /> 6 <br />