Agmt19 YMCA of Sillicon Valley Master Project Agmt.

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EXHIBIT I BASIC COMMON AREA MAINTENANCE AND OPERATING PRINCIPLES Common Area Maintenance: The City shall maintain or engage services to maintain the project common areas including the west parking lot, east parking lot, drop off area, promenade and landscaped areas. The maintenance effort shall meet or exceed the City's standard maintenance practices. In support of the common area maintenance ("CAM") costs borne by the City, once the YMCA -SV has received a certificate of occupancy for the New YMCA and the west parking lot and drop-off area construction is complete, the YMCA -SV shall contribute 50% of the common area maintenance costs on a monthly basis, as follows: • A flat fee of Thirty Five Thousand Dollars ($35,000) per year with an annual escalator of 3%. This includes landscaping, tree maintenance, irrigation, irrigation repairs, lighting maintenance, graffiti removal and common area refuse management. ■ 50% of common area electricity and water costs ■ 50% of asphalt maintenance costs for the west parking lot asphalt. To the extent possible, the City and YMCA -SV shall plan for such work, communicating the need in advance of annual budgeting processes through a common Operational Team (see below). • Unanticipated damage in the west parking lot or drop off areas that is not covered by insurance or third parties shall be split 50% unless such incidents involve special circumstances such as third -party vendors responsible for the occurrence. If the damage occurs due to events, vendors or programs managed by the City or by the YMCA -SV, the managing Party shall be responsible for the repair costs. Damages over Ten Thousand Dollars ($10,000) shall be discussed by the Operational Team. Examples of items not included as part of CAM include underground utility connections and repairs, public street & traffic mitigation measures, facility doors, walls, windows, roofs, skylights, building interiors, building painting, lights attached to each facility, fences, fenced in areas and refuse collection associated with each individual facility. An Operational Team including the City's Parks and Recreation Director and the YMCA -SV Branch Executive Director, or their designees, shall meet not less than annually to review planned maintenance activities. Changes to the common area maintenance scope of services are to be discussed among the Operational Team, and any disputes arising concerning maintenance, costs or program delivery where the Parks and recreation Directors and the YMCA -SV Executive Director are not able to resolve those issues, the City Manager and the YMCA -SV CEO shall meet to resolve any disagreements. ATTY/AGR/2019.316/YMCA MASTER PROJECT AGREEMENT Page 105 of 108