HomeMy WebLinkAboutRes1981-030
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CITY OF SEWARD
RESOLUTION 81-30
APPROVAL OF CONTRACT FOR VENDING MACHINE
OPERATION.
WHEREAS, Iceberg & Sun vending Company has for several years
provided service and operation of vending machines for use by
City employees and the public on City property, and
WHEREAS, Iceberg & Sun Vending Company has paid to the City
of Seward a portion of the gross receipts generated by such
operation, and
WHEREAS, it is in the public interest that the rights and
responsibilities of Iceberg & Sun Vending Company and the City of
Seward be documented, and
WHEREAS, Iceberg & Sun Vending Company has paid to the City
of Seward all amounts due and owing to the City of Seward by
reason of the operation of the vending machines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Seward, Alaska, that:
The agreement attached hereto as Exhibit A is approved by
the City Council for the City of Seward, and that the City Manager
is instructed to execute it on behalf of the City of Seward.
PASSED AND APPROVED by the
Seward, Alaska, this 10th day of
Ci ty Council of the City of
Angus t , 1981.
CITY OF SEWARD
-) (' . /i\
t~nd 'L~ ~~rl,
Mayor
AYES:
NOES:
ABSENT:
CAMPBELL, CRIPPS, GILLESPIE, HUGLI, O'BRIEN AND SWARTZ
NONE
SORIANO
/
APPROVED AS TO FORM
HUGHES, THORSNESS, GANTZ,
POWELL & BRUNDIN, Attorneys
for the City of Seward
7/'U/ 17/ ~
Fred B. Arvidson
ATTEST:
(City Seal)
J
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~.,lymond. A.Gillespie
"'T1"ORNEV /loT L"'W
~ a. .C)I '16
SEWARD. Ale 996&4
19071 H4_30gt
A G R E E MEN T
AGREEMENT made this 11TH day of
AUGUST
, 1981,
and effective July I, 1981, between the CITY OF SEWARD, a
municipal cocpocation, organized and existing under the laws of
the State of Alaska, heceinafter refecred to as CITY, and ICEBERG
& SUN VENDING COMPANY, a sole proprietorship, having its pcincipal
office in Seward, Alaska, whose address is P.O. Box 515
Seward, Alaska, 99664, hereinafter referred to as VENDOR.
R E C I TAL S:
1. VENDOR owns, operates and services vending machines
of various types for the sale of food, beverages and cigarettes;
2. CITY owns or has an interest in real property upon
which VENDOR desires to install its machines for use by city
employees and the general public.
The parties agree as follows:
SECTION I
VENDOR, at VENDOR's expense, may install three (3)
vending machines; one to dispense candy, one to dispense soft
drinks and one to dispense cigarettes in the Hacbormaster's
Building located in the Seward Small Boat Harbor. VENDOR may,
with written permission, install such other vending machines in
locations to be mutually agreed upon by the authorized representa-
tives of the parties hereto. VENDOR agrees to supply, maintain,
pay all license fees and taxes and operate its machines in such
a manner to reasonably assure that they are attractive, neat
and functioning at all times. CITY, at its own expense, shall
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supply the necessary electrical current for the operation of the
vending machines.
SECTION II
VENDOR shall pay to CITY TEN PERCENT (10%) of the gross
revenues from the vending machines at least quarterly, beginning
34 Page ,One of Four
AGREEMENT
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R,lymonJ A. GIllespie
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----
September 30, 1981, with payments to be made on the lOth day of
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the month following the end of the quarter.
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SECTION III
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VENDOR shall indemnify, defend and hold harmless
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the CITY from any liability, costs and expense for loss of
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or damage to property and for injuries to persons or deaths
of persons arisin~ or resulting from the installation, main-
terlance, presence, use and operation or use of any products
dispensed therefrom.
SECTION IV
This AGREEMENT shall remain in force for a period of
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five (5) years from the date hereof. Either party may cancel
this AGREEMENT for any reason by the giving of at least sixty-
days (60) written notice.
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SECTION V
VENDOR will, at all times, maintain accurate records
of all merchandise, collections, sales and inventories neces-
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sary in connection with the proper operation of the vending
machines installed pursuant to this AGREEMENT. CITY is hereby
authorized to inspect said records for the purpose of clarifying
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accounts at all reasonable times.
SECTION VI
VENDOR shall have all said vending machines removed
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from CITY's premises within sixty-days (60) after giving or
receiving written notice of the cancellation of this AGREEMENT.
SECTION VII
The vending machines installed pursuant to this
AGREEMENT shall remain the property of the VENDOR. The VENDOR
shall have the right at all reasonable times to remove or replace
Puge Two of Four
AGREEMENT
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tlymond A.GiIlespie
ATTORNEY AT \...Av..
~ O. BOX 515
SEWARD, AI( 99664
(Qr'lll 22 ~.3 OS,
any machines so installed as the VENDOR deems necessary without
2 effecting any of the other provisions of this AGREEMENT. City
3 employees will not remove or tamper with said vending machines
4 installed on the premises of the CITY unless VENDOR has failed
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to remove the machines upon cancellation of this AGREEMENT as
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provided herein. CITY shall not be responsible for prevention
or deterrence of damage or vandalism to the machines.
SECTION VIII
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This AGREEMENT shall not be assignable by either party
10 without the prior written consent of the other.
11 IN WITNESS WHEREOF, the parties have caused this
AGREEMENT to be executed on the date and year first above written.
ICEBERG & SUN VENDING COMPANY
BY:! Ld~?;'~^'A/~~()~
WnLIAM G. J RRYl! BL ,-
Sole Proprietor
ATTEST:
CITY OF SEWARD
BY:
CLARENCE E. JOHNSON
JoAnne E. Shanley, CHC
Ci ty Clerk
STATE OF ALASKA
ITS: CITY MANAGER
THIRD JUDICIAL DISTRICT
}
) ss:
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THIS IS TO CERTIFY that on this day, before me, the
undersigned Notary Public, personally appeared WILLIAM G. (JERRY)
BLAIR of the ICEBERG & SUN VENDING COMPANY, to me known to be
the sole proprietor of said company, and he acknowledged that he
signed the foregoing document on behalf and by the authority of
said company and that it was the free act and deed of said
company.
IN WIT~S.S WHEREOF,
,,:j day of C1!d'J/,Jr
J
STATE Of ALASKA
I have set my hand and seal this
, 19~1.
,I?rl" /) ," ~,~--Ul
Notary Public in and for Alask~/
My Commission expires: / /1./-?q.
,
NOTARY
PU8LIC
LAURA SMITH
Page Three or Four
AGREEMENT
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R:Jymond A. GillespIe
"'TT.H'NEY AT LA'N
SlW;'I!O, AK9966,
19071224.3081
STATE OF ALASKA
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THIRD JUDICIAL DISTRICT
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THIS IS TO CERTIFY that on this day, before me, the
undersigned Notary Public, personally appeared
, the of the City of
Seward, to me known to be the of said
City, and (s)he acknowledged that (s)he signed the foregoing doc-
ument on behalf and by authority of said City and that it was
the free act and deed of said City.
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IN WITNESS WHEREOF, I have set my hand and seal this
day of , 1981.
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Notary Public in and for Alaska
My Commission expires:
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P3ge Four of Four
AGREEMENT