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HomeMy WebLinkAboutC-2029 ORIGINAL TRI-STAR VENDING LOCATION AGREEMENT fad l o This AGREEMENT made this 14thday of October , 2003 by and between Tri-Star Vending, hereinafter referred to as "OPERATOR" and City of Arcadia, hereinafter referred to as "PROPRIETOR", in consideration of their mutual covenants and promises herein contained, the parties hereto agree to as follows: 1. PROPRIETOR hereby grants to OPERATOR the exclusive right and privilege to install, operate, and maintain vending machines in that portion of the premises of PROPRIETOR, known as the "City Hall staff break room" located at 240 W. Huntington Drive, Arcadia, CA 91006, or at such location as PROPRIETOR may move its present operation. 2. Placement of the machine(s) shall be at no charge to the PROPRIETOR and OPERATOR shall hold PROPRIETOR harmless for any loss or damage to the equipment due to vandalism and/or the like. OPERATOR will pay for all installation costs. OPERATOR shall have in their possession and provide to the PROPRIETOR evidence of, business liability insurance in the amount of no less than $1,000,000.00 in a form and substance, and with an insurer, approved by the City of Arcadia in its sole and absolute discretion. 3. The OPERATOR shall make routine maintenance and collections, and OPERATOR will maintain all vending machines so they are attractive, clean, and in good working order at all times. The OPERATOR shall repair any repairs or malfunctions rendering the equipment inoperative within twenty-four(24) hours after notification. In the event that new part(s) must be obtained, OPERATOR shall replace same within twenty-four(24) hours of receipt of the replacement parts. 4. The term of this Agreement shall extend for a period of thirty-six (36) months from the date hereof. Thereafter, this Agreement will automatically renew for a like term, provided however, that either party may give thirty (30) days written notice of cancellation for the following term. During the life of this Agreement or any extension thereof, OPERATOR may terminate this Agreement for just cause by giving thirty(30) days notice in writing to PROPRIETOR of its intention to do so. PROPRIETOR may terminate this Agreement at any time, and without cause, upon thirty (30) days notice to OPERATOR. 5. This Agreement is binding upon the heirs, successors, and assignees and the obligations and/or proceeds hereunder shall be transferred in accordance with this Agreement. 6. It is understood and agreed that the machine(s) installed on the PROPRIETOR'S premises are and shall remain the personal property of the OPERATOR and shall not be removed, replaced, or in any way tampered with. Only a duly authorized representative of the OPERATOR shall have the authority to do so. 1 7. This Agreement contains the entire Agreement of the parties and has been executed at Arcadia, California on the date and year as written in paragraph one above. OPERATOR NAME: David Yamauchi Authorized Signatur- Title: V.P./Administration Dated /0-.2V 0 s , 2003 PROPRIETOR NAME: CITY OF ARCADIA Authorized Signature William R. Kelly City Manager Dated to.* , 2003 APPROVED AS TO FORM: e 6E-47,e Stephen P. Deitsch, City Attorney 2