1995-005 Pepsi Scoreboard Agrmt' RESOLUTION N0.5-95
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND VILLAGE CLERK TO ENTER
INTO A SCOREBOARD AGREEMENT WITH THE
PEPSI-COLA BOTTLING COMPANY OF FORT
LAUDERDALE - PALM BEACH, INC.,
WHEREBY THE VILLAGE SHALL RECEIVE A
SCOREBOARD AND PEPSI-COLA BOTTLING
COMPANY OF FORT LAUDERDALE - PALM
BEACH, INC. SHALL HAVE THE EXCLUSIVE
RIGHT TO SELL AND PROVIDE SOFT DRINK
PRODUCTS AND JUICES AT OSBORNE PARK
AND NORTH PALM BEACH COMMUNITY
CENTER; AND, PROVIDING FOR AN
EFFECTIVE DATE.
' WHEREAS, the Village Council of the Village of North Palm
Beach is desirous of entering into a Scoreboard Agreement with the
Pepsi-Cola Bottling Company of Fort Lauderdale - Palm Beach, Inc.,
whereby the Village shall receive a Scoreboard and Pepsi-Cola
Bottling Company of Fort Lauderdale - Palm Beach, Inc. shall have
the exclusive right to sell and provide soft drink products and
juices at Osborne Park and North Palm Beach Community Center.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1. The Village Council of the Village of North
Palm Beach does hereby approve the Scoreboard Agreement with Pepsi-
Cola Bottling Company of Fort Lauderdale - Palm Beach, Inc.
attached as Exhibit "A".
Section 2. The Mayor and Village Clerk are hereby
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authorized and directed to execute the Scoreboard Agreement with
Pepsi-Cola Bottling Company of Fort Lauderdale - Palm Beach, Inc.
attached as Exhibit "A" for and on behalf of the Village of North
Palm Beach.
Section 3. This Resolution shall take effect immediately
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upon its adoption.
PASSED AND ADOPTED THIS 12th. DAY OF January 199 5,
(Village Seal)
MAYOR
ATTEwrE~i/ /i e ~. J i// ~(y///~~•
VILLAGE CLERK
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AGREEMENT
THIS AGREEMENT is made and entered into this 12th day of
January, 1995, by and between THE PEPSI-COLA BOTTLING COMPANY OF
FORT LAUDERDALE - PALM BEACH, INC., a corporation, hereinafter
referred to as "PEPSI" and THE VILLAGE OF NORTH PALM BEACH, a
municipal corporation, hereinafter referred to as "VILLAGE".
WITNESSETH:
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IN CONSIDERATION of the sum of TEN AND NO/100 ($10.00)
DOLLARS and in consideration of the mutual covenants herein, the
receipt and sufficiency of which are acknowledged, the parties do
hereby covenant and agree as follows:
1. EXCLUSIVE RIGHT OF SALE. VILLAGE does hereby grant
to PEPSI the exclusive right and privilege to sell Pepsi soft drink
products, syrups, allied brands and juices ("Products") at Osborne
Park and the North Palm Beach Community Center located within the
VILLAGE.
2. TERM OF AGREEMENT. This Agreement shall commence
February 15, 1995, and shall continue for a period of ten (10)
years or upon PEPSI having sold 3,600 cases of drinks at Osborne
Park and the North Palm Beach Community Center, whichever event
first occurs.
3. SCOREBOARD. PEPSI agrees to provide at its expense
a baseball scoreboard as set forth in Exhibit "A" attached to this
Agreement. The scoreboard shall be provided to VILLAGE prior to
the commencement of the term of this Agreement and must be in new
condition and acceptable to VILLAGE. The installation,
maintenance, repair and replacement of the scoreboard shall be the
responsibility of VILLAGE.
4. VENDING MACHINES. Vending machines shall be placed
at such locations at Osborne Park and the North Palm Beach
Community Center as agreed to by the parties. PEPSI shall be
responsible for the maintenance and repair of all vending machines
and agrees during the term of this Agreement to keep all such
machines in good operating order and repair at its expense. PEPSI
shall also provide whatever insurance it desires to protect the
equipment against loss and vandalism. VILLAGE shall have no
responsibility in regards to the vending machines except to provide
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an electrical supply for the operation of all such vending
machines.
5. SALES REPORTS. Commencing six (6) months from the
effe~t.ive date of this Agreement and continuing every six (6)
months thereafter during the term of Agreement, PEPSI agrees to
provide to VILLAGE sales reports and such other documentation in
possession of PEPSI and requested by VILLAGE that reflects sales of
the number of cases of drinks at Osborne Park and the North Palm
Beach Community Center.
6. PRICING OF PRODUCTS. During the term of this
Agreement, PEPSI agrees that charges for Pepsi products shall be in
accordance with the price structure of PEPSI at other locations
within South Florida.
7. EXCEPTIONS TO AGREEMENT. The following shall
constitute exceptions to the exclusive right of sale of PEPSI at
Osborne Park and the North Palm Beach Community Center:
A. Individuals and groups shall have the right to
bring soft drink products including Pepsi products to Osborne Park
and the North Palm Beach Community Center for their use.
B. VILLAGE, individuals and groups shall have the
right to conduct fund raisers at Osborne Park and the Community
Center and sell soft drink products other than Pepsi products.
C. VILLAGE shall have the right to allow another
beverage company to dispense by vending machine or otherwise coffee
and milk at Osborne Park and the Community Center.
Not withstanding anything herein contained to the
contrary, VILLAGE shall not allow another company such as Coca Cola
to sell or dispense soft drink products and juices that are
competitive with the products of PEPSI for which the exclusive
right of sale is being granted.
IN WITNESS WHEREOF, the parties to this Agreement have
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set their respect~.ve hands and seals on the day and year first
above written.
(Village Seal)
' A ST'
-V LLAGE CLERK
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VILLAGE OF NORTH PALM BEACH
By:
MAYOR
THE PEPSI-COLA BOTTLING
COMPANY OF FORT LAUDERDALE -
PALM BEACH, INC.
By • ~ ` ~~~L_--
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