5. - 11. ICESR 08-06-2002 - Laserfiche WebLink

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1 ° AGREEMENT Agreement made this 23rd day of September, 1996, by and between the Elk River Ice Arena, located in Elk River, MN, hereinafter referred to as "City", and Chas A. Bernick, Inc., a Minnesota corporation, hereinafter referred to as "Bernick". RECITALS: I. City has requested a bid, on behalf of the Elk River Ice Arena, located in Elk River, Minnesota, for soft drink vending, concession, and candy & snack rights and providing of concession equipment for the purpose of soft drink vending, concession, and candy & snack. 2. Bernick has submitted a proposal and City has accepted Bernick proposal for soft drink vending, concession, and candy & snack rights and providing of concession equipment for the purpose of soft drink vending, concession, and candy & snack. 3. The parties now intend that the nature of the operation of the arenas soft drink vending, concession, and candy & snacks rights and providing of concession equipment be set forth in writing. THEREFORE, in consideration of the foregoing promises and of the mutual covenants and agreements herein contained, it is mutually agreed as follows: I. City agrees to give and grant to Bernick the sole and exclusive right to advertise in or about the arena upon the soft drink vending and concession equipment to be installed by Bernick. 2. Bernick agrees to provide and install at Bernick's sole cost all soft drink vending and concession equipment including the following: vendors, menu boards, premix units, clocks, candy island, and hot beverage equipment. 3. City agrees and grants to Bernick the sole and exclusive rights and privileges to vend Bernick soft drink products lines (including tea's, mineral water, juices, and sports drinks) at the arena. This grant shall extend and be exercised during normal hours of the arena and including, but not limited to , all special events sponsored by City in the arena, or any third parties using the arena's facilities. Bernick's shall have and retain the soft drink vending rights to be sold using the soft drink vending and concession equipment at the City for a period of seven (7) years commencing as of the date of this agreement and terminating on September 23, 2003 unless otherwise renewed prior to the expiration of this agreement by a written agreement between the parties hereto. 4. Bernick agrees to supply City one (I) H-28 I 3B shots on goal scoreboard and one (I) H-2013B scoreboard, including installation and training.