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1. LOAN. The DISTRICT agrees to loan for a period of 36 months to the YMCA $300,000 starting March 1, 1992, which the YMCA agrees to pay back in full by March 1, 1995. 2. USE AGREEMENT. In lieu of the interest to be equivalent to 10% of the loan, the YMCA agrees to allow the DISTRICT to use the YMCA pool and locker rooms for DISTRICT -run aquatic classes. The YMCA will charge an "operational cost charge" based on a formula agreed upon by both the DISTRICT and the YMCA (see Memorandum of Understanding Item #3). 3. FEES. The fees for the use of the large pool and hydrotherapy pool will be mutually agreed upon by the DISTRICT and the YMCA in a separate Memorandum of Understanding and will be based on actual costs of consumable materials and human resources necessary to operate the facility during actual time of use. This charge will be renegotiated six months from the first day of use. Thereafter, charges will be adjusted annually from the first day following the initial six-month period based on increasing or decreasing costs of materials or resources and the Consumer Price Index (CPI). 4. USE TIME. The time of DISTRICT use will be mutually agreed upon between the YMCA and the DISTRICT, prior to the YMCA's and DISTRICT's agreement upon promotional time. Once the time of the classes has been agreed upon by both the Distract and the YMCA, the DISTRICT will be credited that time. More specifics on scheduling and charges for use or charges in an instance where the poolts) were not in use may be found in the Memorandum of Understanding. The YMCA agrees to allow the DISTRICT to have reasonable time during the day, but may not be prime use time. The YMCA will give enough time to the DISTRICT to allow the interest for the loan to be paid back within three years. 5. POOL USE AFTER THREE YEARS. The DISTRICT will have the option to continue with its established aquatic programs at the YMCA facility for another forty-eight (48) months pursuant to applicable terms as stated in this Contract and the Memorandum of Understanding. Thereafter, DISTRICT use will be on a year-to-year basis. The terms of DISTRICT use will be agre6d upon mutually. 6. ORDINANCES AND STATUTES. The DISTRICT shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the premises. 7. LIABILITY INSURANCE. The DISTRICT is self-insured and will provide the YMCA with an insurance statement as well as a hold harmless and indemnification statement to the YMCA. 8. INDEMNIFICATION OF YMCA. The YMCA shall not be liable for any damage or injury to participants, or any other person, or to any property, associated with the DISTRICT's program. The DISTRICT agrees to hold YMCA harmless from any claims for damages unless it is determined that the YMCA is in fact liable.