4.11 SR 11-07-2022 - Laserfiche WebLink

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VENDING AGREEMENT AGREEMENT made this 2nd day of November 2022 by and between City of Elk River, 1000 School St, Elk River, MN 55330 its successors and assigns (hereinafter called "Customer") and , 801 Sundial Drive, St. Cloud, MN 56302, its successors and assigns, (hereinafter called "Company"). IT IS HEREBY AGREED AS FOLLOWS: 1. EXCLUSIVE GRANT: Customer hereby grants Company the exclusive right and privilege to operate general vending service at Furniture and Things Community Event Center (hereinafter called "Premises") and to sell all vended foods, beverages, and merchandise to employees and visitors of the Customer at the Premises. 2. INSTALLATION AND SUPPLY. The company shall install, without cost to the Customer, equipment required and mutually agreed upon by both parties including all coolers, freezer and coffee equipment and hot beverage set forth hereto and made a part hereof. Company shall replace such machines as Company may from time to time determine necessary and shall install such additional machines as Company and Customer may from time to time mutually determine necessary. The additional machines shall be limited to the space provided by the Customer which would be four machines by the bathrooms, potentially six machines by the office, and the possibly of four machines upstairs. Any original, replacement and additional machines shall collectively be referred to as the "Machines". The Company shall keep the Machines supplied with an adequate amount of food, beverages, and other merchandise as may be selected by the company of good quality, prepared, and dispensed in conformity with all applicable State, Federal, and other health, and sanitation standards. The Machines and their contents shall remain the exclusive property of the Company. See Exhibit B for current and possible future placement of vending machines. 3. MACHINE IMPROVEMENTS. Machine improvements or changes made by the Company in any area shall remain the Sole and exclusive property of Company and shall be removed by Company upon termination of this agreement.