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. e ..... AGREEMENT THIS AGREEMENT is made and entered into by and between THE CITY OF LA PORTE, (hereafter referred to as "THE CITY") and SAN JACINTO BRANCH OF THE GREATER HOUSTON AREA YOUNG MEN'S CHRISTIAN ASSOCIATION (hereafter referred to as "YMCA"). WITNESSETH WHEREAS, THE CITY owns a recreational complex within that certain subdivision called Brookglen, which complex is located at 3326 Somerton, La Porte, Harris County, Texas, includes a community building; and WHEREAS, THE CITY desires to enter into an agreement with the YMCA to operate their facility as a YMCA and all YMCA program activities; and WHEREAS, YMCA is capable of and willing to provide all services desr.ribed in this Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein, the parties agree as follows: A. SERVICES AND RESPONSffiILITY OF YMCA 1. Scheduling. YMCA shall be responsible for scheduling all recreational activities at the recreational complex to insure that there are no scheduling conflicts between the YMCA, THE CITY and Brookglen, its committees and members. Dates for YMCA activities will be reserved, in writing, on a basis to be negotiated by the parties in Section J of this Agreement. No rental fee shall be charged by THE CITY for the dates as negotiated. YMCA shall deny no La Porte citizen access to their programs due to the lack of ability to pay required fees. No rental fee shall be charged to the Brookglen Community Improvement Association for use of the facility for regularly scheduled business meetings of the Board of Directors and membership. For the private use of the recreational facilities, THE CITY shall collect a deposit and user fee from persons desiring to rent the facility. All rental fees shall be retained by THE CITY. Rental of the facility shall be governed by the prevailing City of La Porte ordinances. THE CITY shall inspect and verify the condition of the property before refunding any deposit fee. If the property is not clean and orderly, then that portion of the deposit necessary to cover the cost to properly clean and/or restore the property shall not be refunded to the user. Each party to this agreement agrees to notify the other in case the condition of cleanliness of the facility does not meet minimum standards of cleanliness after an event sponsored by either party. The responsible party will immediately clean the facility.