AUTOMATED VENDING TECHNOLOGIES (AVT), INC. f/k/a AMERICAN HOT FOOD SYSTEMS 1B - 2006

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. r - INSURANCE NOT ON FILE WORK MAY PROCEED CLERK OF COUNCIL DATE AUG 2 9 2007 o'. PRCS (z-) car,A T hown pK�nS SECOND AMENDMENT TO VENDING AGREEMENT A- 2006 - 114 -01 THIS SECOND AMENDMENT TO VENDING AGREEMENT is made and entered into this 18`h day of June 2007 by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City ") and Automatic Vending Technologies, formerly known as American Hot Foods, Inc., a California corporation ( "Vendor ") RECITALS: City and Vendor entered into Agreement N- 2005 -046, dated April 1, 2005, hereinafter "said Agreement ", for the provision of vending machines at City owned and operated parks and recreational facilities. 2. On May 17, 2006, the parties amended said agreement to provide vending services at the Santa Ana Transportation Facility. The Parties desire to amend said Agreement to set forth their agreement regarding payment of commissions and removal of certain machines from parks and recreation facilities which are receiving little public use and are hard to monitor. WHEREFORE, in consideration of the mutual and respective covenants and promises contained in said Agreement, and subject to all the terms and conditions of said Agreement, City and Vendor agree as follows: 1. Section 3 of said Agreement, titled "COMPENSATION ", shall be amended to provide that the Vendor shall make the gross receipt payments on a quarterly basis, on or before the 15`' day of January, April, July and October. 2. Section 6 of said Agreement shall be amended to provide a revised list of vending machine locations for City parks and recreational facilities, as set forth in Attachment 1, hereto, and to delete the last sentence of said section which reads ... "A minimum number of 25 vending machines shall be in place at 11 City approved locations, at all times this Agreement is in effect." The number and location of vending machines in City parks and recreational facilities shall be determined by mutual agreement of Automated Vending Technologies and the Executive Director of Parks and Recreation Agency. 3. Except as hereinabove set forth, all terms and conditions of said Agreement shall remain in full force and effect.