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Bernicks and Arena Concessions Agreement <br /> Agreement made this 7th day of October, 2013, by and between the Elk River Ice Arena, <br /> located in Elk River, Minnesota, hereinafter referred to as "City", and Chas A. Bernick, <br /> Inc., a Minnesota corporation, hereinafter referred to as "Bernick". <br /> RECITALS: <br /> I. City has requested a bid, on behalf of the Elk River Ice Arena, located in Elk <br /> River, Minnesota, for soft drink vending, concession and candy & snack rights <br /> and providing of concession equipment for the purpose of soft drink vending <br /> concession and candy & snack. <br /> 2. Bernick has submitted a proposal and City has accepted Bernick proposal for <br /> soft drink vending, concession and candy & snack rights and providing of <br /> equipment for the purpose of soft drink vending, concession and candy & <br /> snack. <br /> 3. The parties now intend that the nature of the operation of the Arenas soft drink <br /> vending, concession and candy & snack rights and providing of equipment be <br /> set forth in writing. <br /> THEREFORE, in consideration of the foregoing promises and of the mutual covenants <br /> and agreements herein contained, it is mutually agreed as follows: <br /> 1. City agrees to give and grant to Bernick the sole and exclusive right to advertise <br /> in or about the Arena upon the soft drink equipment to be installed by Bernick. <br /> 2. Bernick agrees to provide and install at Bernick's sole cost new soft drink <br /> vendors. And will update graphics on all equipment. <br /> 3. City agrees and grants to Bernick the sole and exclusive rights and privileges to <br /> vend Bernick soft drink product lines (including coffee, teas,waters,juices, <br /> energy drinks, sports drinks and any new products from Bernick's) at the Arena. <br /> This grant shall extend and be exercised during the normal hours of the Arena <br /> including, but not limited to, all special events sponsored by City in the Arena, or <br /> any third parties using Arena's facilities. Bernick shall have and retain the soft <br /> drink vending rights to be sold using the soft drink vending and concession <br /> equipment at the City for a period of five (5) years commencing as of the date of <br /> this Agreement and terminating on September 16, 2018 unless otherwise <br /> renewed prior to the expiration of the Agreement by a written Agreement <br /> between the parties hereto. This agreement could be amended in the event of a <br /> new facility. <br /> 4. Each year of the contract, Bernick's will provide a check one time per year for <br /> Sponsorships & adverting for $2,000. Bernick's will also donate each year, 20 <br /> cases of can product at N/C ($500 value). <br /> 5. Bernick's will provide a rebate for the following packages on time per year: <br /> 20oz CSDs $5.00 per case <br /> Nesquick $1.00 per case <br /> Kickstart Enegry $5.00 per case <br />