Loading...
Resolution 6779 RESOLUTION NO. 6779 WHEREAS, it is deemed to be to the best interest of the City of I+`iami Beach to execute an agreement with the DORiR VEND].'Wr CO. , a draft of which agreement is hereto attached, NOW, THEREFORE, BE IT RESOLV..1) by the City Council of the City of Miami Beach, Florida, that the i ayor and the City Clerk be and they are hereby authorized and directed to execute said agreement in the name of and on behalf of said City. PASSED and ADOPTED this26th day of January, A. D. , 1949. 'i.:ayor Attest: 2 -- ity Clerk • OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA THIS AGREEMENT, Made and entered into this day of January, A. D. 1949 , by and between the DORMAR VENDING CO. , a partnership con- sisting of Charles Pollack of Miami Beach, Florida, and Dana W. Norris of Fort Lauderdale , Florida, hereinafter referred to as the "Company" and the CITY OF MIAMI BEACH, Dade County , Florida, a municipal corpora- tion hereinafter referred to as the "City" , WITNESSETH : For and in consideration of One (, 1.00) Dollar, each to the other in hand paid, and other valuable considerations as hereinafter provided for, it is mutually agreed by the parties hereto, as follows : 1. Upon the execution of this agreement, the City will permit the Company to install and operate a total of Three (3 ) Bradley Auto- matic 2 Drink Dispenser machines on property of the City , at the lo- cations specified, as follows : ( a) One machine at the public comfort station building at 6th Street and the Ocean ; (b) One machine on the north side of the public comfort station building at 14th Street and the Ocean ; ( c) One machine on the south side of the public comfort station building at Beach Patrol Headquarters at 10th Street and the Ocean ; the exact place of installation of such machines , together with all utility connections thereto for electricity and water to be approved by the Chief Building Inspector of the City. 2. The Company shall install , at its own expense , such cover- ings , canopies, or other protection for such machines , as may be ap- proved by the City, and all signs or other advertising in connection with such machines shall also be subject to the approval of the City. 3 . The Company shall , prior to the installation and operation of the above-mentioned machines, furnish to the City a policy of insurance to be approved by the City Attorney of said City , such policy providing property damage insurance in the amount of 41,000.00 ; public liability insurance in limits of $50,000.00 and $100,000.00; and product liability insurance with aggregate liability of 410C ,000.00 ; and loss from injuries to one person not less than $5,000.00. The City is to be co-insured in such policies of insurance and the Company shall bear the cost and expenses of such insurance except for the addi- tional premium required for the co-insurance of the City , which portion of the entire premium the City shall pay. 4. The Company agrees to furnish, install , equip, maintain and operate such machines for the purpose of supplying coin-operated, auto- matic vending of soft drinks dispensed in approved paper cups to the general public at the locations above-mentioned. Such soft drinks shall be sold for Ten ( 10¢ ) cents per six ounce drink. Neither the price of such drinks nor the quantity, nor size, of each drink dis- pensed shall be changed by the Company without the written approval -1- of the City. the cost of furnishing, servicing and maintenance of all machines , together with all syrups, cups, gases, and other re- quired materials or supplies in connection with such operation, ex- cept for water and electrical current, shall be borne by the Company. The City shall pay for all electricity and water required in such operation. 5. It is understood and agreed by the parties hereto and it is specifically and expressly represented by the Company that the said Company has such rights and interests in such machines as to legally permit and allow it to enter into this agreement for the installation and use of such machines in the manner and under the conditions herein provided and such installation and operation shall be subject to all ordinances and regulations of the City of Miami Beach as may be applicable thereto. 6. It is further understood and agreed that in the event the City shall hereafter allow or permit the installation of such or similar soft drink vending machines in or on other public properties of said City , that the Company will be notified in advance and be permitted to enter bids for such installations and operations. It is further understood and agreed that nothing herein contained shall prevent or hinder the City from allowing or permitting the installa- tion of similar or other types of vending machines by any other per- son, firm or corporation at any other locations in the City . 7. It is further understood and agreed that the Company shall not sell or assign or encumber in any way its rights and interest in this agreement without the written consent of the City , provided, however, that in the event the Company determines that the operation of the machines or any one or more of them as herein provided for is financially burdensome to the said Company, it may , upon ten ( 10) days advance notice , in writing, to the City , prior to the end of any month- ly period, terminate this agreement as to such machine or machines and withdraw the same from this agreement upon final accounting at the end of said month. $. The Company shall provide at its own expense for the collec- tion of all monies deposited in said machines and shall make detailed reports to the City as to the amount of each such collection, desig- nating the machine from which such monies were collected and the period of time elapsed between each such collection. 9. It is understood and agreed that within five ( 5) days after the end of each calendar month , the Company shall pay to the City , as rent for the space, and not as profits, an amount equal to Fifty ( 50%) per cent of the gross collections from all such machines , for the last preceding calendar monthly period of such operation. 10. It is further understood and agreed that the City shall have the right at any time to inspect or cause to be inspected any and all such machines , and to take such readings and notes of the operation as it may deem necessary or desirable. 11. It is further understood and agreed that the City assumes no responsibility for the protection of such machines against injury or damage or the unauthorized removal of such machines or any parts thereof or any of the contents thereof. 12. This agreement shall continue for a period of one ( 1) year from the date thereof unless otherwise terminated as herein provided, or this agreement may be terminated by the City upon thirty (30) days notice , in writing, to the said Company. -2- 13 . Whenever the word "City" is used herein in such manner as to indicate administrative action on the part of the City , it shall mean, unless otherwise specifically provided, that such adminis- trative action shall or may be taken by the City Manager or Assistant City Pianager, of the City of Miami Beach. IN WITNESS WHEREOF, the City has caused these presents to be executed in its behalf, by its proper officers, and its seal to be affixed, and the Company has caused these presents to be executed in its behalf by its proper officers and under their hands and seals, at Miami Beach , Dade County, Florida, this day of January, A . D. 1949. DORMAR VENDING CO . , a Partnership Signed, sealed and By delivered in the pre- sence of: As to the Company CITY OF MIAMI BEACH, a Municipal Corporation By Mayor Attest: City Clerk As to the City -3- r � ti El 0 tinO .rl AiO 'd ogyH 4 v o M 0 14 • K-1 O 4-I $-+ 0 4. O P, H 0 >4 €i H N +> an A H 0 � .0 Cll Nom +) to rn o .r, .H 4-) 0 N U Q Q 44