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HomeMy WebLinkAboutRES CC 1984 089 1984 0516RESOLUTION NO. 84 -8_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, GRANTING A LICENSE TO COLE VENDING COMPANY TO OPERATE A CANNED DRINK MACHINE ON CITY PROPERTY. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. A license is hereby granted to Cole Vending Company ( "Cole ") to locate, operate and maintain a coin - operated canned drink machine ("the machine ") in the Moorpark Community Center, located at 799 Moorpark Avenue, Moorpark, California, at a specific location within the Community Center to be approved by the City Manager. SECTION 2. This license is granted for the term of three years. This license shall automatically renew itself for a like period of years under the same terms and conditions unless the City or Cole gives notice to the other party by registered mail of its intention to cancel this license not more than 60 days and not less than 30 days prior to the expiration of this license or any renewal period to this license. SECTION 3. Notwithstanding Section 2, in the event that the City determines that the machine fails to yield a reasonable license fee, or in the event that Cole determines that the canned drink machine fails to yield a reasonable income, either party may terminate this license by giving the other party 30 days notice by registered mail. SECTION 4. Cole agrees to service and maintain the equipment at its own expense and replace such equipment from L-Me "Co time w_th other equipment of the Sallie type, wiien in Cole's opinion replacement becomes necessary. SECTION 5. The City shall immediately notify Cole when any of the equipment becomes out of order, and the City shall pay for the electric current consumed by the equipment. SECTION 6. Cole shall hold the City free and harm- less from all injuries and property damage that may arise out of this license. -1- SECTION 7: Cole shall pay to the City a monthly license fee, due 15 days after the end of the previous month. Said license fee shall be determined according to the following schedule: Sales of zero to five cases per week - $0 Sales of six to ten cases per week - 5% of gross receipts Sales of 11 to 40 cases per week - 10% of gross receipts Sales of 41 or more cases per week - 150 of gross receipts SECTION 8: Cole shall accept the provisions of this resolution by filing acceptance in writing with the City Clerk within 15 days after the adoption of this resolution. In the event said acceptance, in writing, is not filed as provided for herein, then this license shall be of no further effect and shall be considered as having been cancelled fully. APPROVED AND ADOPTED this 16 day of May , 1984. ATTEST: CITY CLERK -2- STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPA R K ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 84 -89 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 16th day of May , 19 84 , and that the same was adopted by the following vote, to wit: AYES: Councilmembers Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None; ABSTAIN: Councilmember Harper. WITNESS my hand and the official seal of said City this 16th day of May , 19 84