Resolution 6780 RESOLUTION 1!0. 67$0
V .EREAS, it is deemed to Ge to the best interest of the
City of Miami Beach to execute an agreement with the
FLORIDA DRINK-O-MAT CORPORATION, a draft of which agree-
ment is hereto attached,
NOW, THEREFORE, BE TT RESOLVED by the City Council of the
City of Miami Beach, Florida, that the Mayor 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 this 26thday of January, A. D. , 1949.
•
Mayor
Attest:
- City C7e rI
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 FLORIDA DRINK-O-MAT
CORPORATION, a Florida Corporation, of Miami, Florida, herein-
after referred to as the "Company" and the CITY OF MIAMI BEACH,
Dade County, Florida, a municipal corporation hereinafter re-
ferred 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 herein-
after 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 ) "Drink-O-Mat"
`! Coca Cola cup dispensing machines on property of the City, at the
locations specified as follows:
a. One machine at the public comfort station building
at 3rd Street and the Ocean;
b. One machine on the south side of the public comfort
station building at 14th Street and the Ocean;
c. One machine on the north 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 approved
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 $1,000.00 ;
public liability insurance in limits of $50,000.00 and $100,000.00 ;
and product liability insurance with aggregate liability of $100,000.00;
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
additional 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,
automatic 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
of the City. The cost of furnishings, 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.
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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 appli-
cable 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 installation
of similar or other types of vending machines by any other person,
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.
13 . ::lhenever 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 administrative
action shall or may be taken by the City Manager or Assistant City
Manager of the City of Miami Beach.
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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 its seal to be affixed, at
Miami Beach, Dade County, Florida, this day of January, A. D.
1949.
FLORIDA DRINK-O-MAT CORPORATION,
a Florida Corporation
Signed, sealed and delivered By
in the presence of: President
Attest:
Secretary
As to the Company
CITY OF MIAMI BEACH
a Municipal Corporation
By
Mayor
As to the City
Attest:
City Clerk
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