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3029 w RESOLUTION NO. 3,029 A RESOLUTION AUTHORIZING A CONTRACT FOR THE INSTALLATION OF COIN OPERATED VENDING MACHINES AT CONWAY POOL IN FAIR PARK IN THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The Mayor and City Clerk are hereby directed and authorized to enter into, in behalf of the City of Little Rock, Arkansas, a contract for the providing of vending machines at Conway Pool in Fair Park in the City of Little Rock, Arkansas, with the person, for the services and for the considerations as more fully set forth in Section 2. hereof. SECTION 2. The contract referred to in Section 1. hereof shall be in form and substance as follows : A G R E E M E N T THIS AGREEMENT made and entered into this day of June 19 63 , between the City of Little Rock acting by its Mayor and City Clerk, hereinafter referred to as CITY, and Coca Cola Bottling Company , hereinafter referred to as LESSEE. CITY does hereby contract with LESSEE for the privileges of pro- viding ;",,r,e vending machine (s) at Conway Pool for the 1963 season. LESSEE, in consideration of said privilege, agrees and covenants as follows : (400 less 3% sales tax) (1) . To pay to CITY T7 per cent/of the gross sales realized by LESSEE from the sales of merchandise vended by way of said machines; (2) . LESSEE agrees to pay any sums due under the pro- visions of this agreement on the basis of the monthly receipts not later than the tenth day of the month following the calendar month for which accounting is made. Said accounting shall be duly certified by an officer of LESSEE; (3) . LESSEE agrees to pay all State Sales and Federal Taxes due from the merchandise sold; (4) . LESSEE agrees to keep the vending machines in continuous operation and to service, stock and maintain same at all times when the public in and about the premises known as Conway Pool shall have access to the swimming facilities , and to provide merchandise in accordance with specifications previously submitted, a copy of which is attached hereto and incorporated herein where not inconsistent with the provisions hereat; (5) . The CITY assumes no liability with regard to quality of merchandise sold, or for injury or damage to said machines, and assumes no liability for injuries suffered by anyone from a machine. The LESSEE shall maintain at all times , to the satisfaction of CITY, public and products liability insuring the public against personal in- jury or loss arising from the condition of the said machines or of the products and goods sold out of same; (6) . CITY shall provide all necessary utilities, space and facilities for the use and operation of the machines, and it is further agreed that the rights accruing to LESSEE hereunder shall not be exclusive and CITY shall have the right to permit other vending machines in and about the premises in its sole discretion. CITY or LESSEE may terminate this contract at any time for cause and may terminate this contract without cause upon 14 days notice and the payment of any and all fees, charges or lease expense called for herein. Dated this day of , 1963. CITY OF LITTLE ROCK, ARKANSAS City Clerk BY /e LESSEE Mayor - 2 - SECTION 3. This resolution shall be in full force and effect from and after its adoption. ADOPTED: June 3, 1963 ATTEST: �a.uX„, APPROVED: er CitMk Y Mayor.