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2. The CITY agrees to furnish and keep in good repair all equipment <br />necessary to conduct the business of such refreshment stands including <br />without limitation ice making machines and grills. <br /> <br /> 3. The BOARD sgrees to hire all employees necessary to operate such <br />refreshment stands and agrees to be solely responsible for the purchase <br />and sale of all items of inventory and stock in trade, provided, however, <br />that all pric~s charged for the sale of any items shall at all times be <br />subject to the approval of the Director of Public Works of the City of <br />Lakewood. <br /> <br /> 4. Maintenance and operation as used in this agreement shall mean <br />and include the complete control in all phases of operation of such <br />refreshment stands and all maintenance by way of cleaning or otherwise <br />as may be reasonably necessary and incidental to the operation of such <br />stands, it not being intended however, that maintenance as used herein <br />shall include alterations or repairs. ~e CITY will make such repairs <br />as may be necessary to the operation of such refreshment stands as quickly <br />as possible and the cost of such repairs or alterations shall be billed <br />to the BOARD and paid by it from receipts of the refreshment stands. <br /> <br /> 5. The BOARD shall maintain said refreshment stands in a clean and <br />sanitary condition to the satisfaction of the Director of Public Works <br />of the City of Lakewood, in accordance with the rules and regulations <br />adopted for the control and maintenance of Parks and Public Buildings <br />by the Council of the City or its Director of Public Works. <br /> <br /> 6. On or before the 15th day of each calendar month after the <br />commencement of the operation of such refre~:hment stands, the BOARD <br />shall furnish to the CITY an interim statement disclosing: <br /> <br />(a) Receipts and expenses, if any, theretofore reported. <br />(b) Receipts and expenses for the calendar month next preceding <br /> the date of the statement. <br />(c) Accumulated balances of receipts, expenses and resulting <br /> surplus or deficit. <br /> <br /> A final statement containing the foregoing data shall be <br />furnished on or before the expiration of thirty (30) days after the <br />close of the refreshment stands for the season unless this agreement <br />is terminated as herein set forth, in which event such final statement <br />shall be furnished on or before thirty (30) days next following the <br />date of termination as specified in the notice. <br /> <br /> 7. Within ninety (90) days following the close of the refreshment <br />stands for the season, the BOARD shall pay over to the CI%~ an amount <br />equal to one-half (½) of any surplus resulting from maintenance and <br />operation of such refreshment stands. It is understood and agreed, <br />however, that in the event such operation and maintenance shall result <br />in a deficit then the BOARD shall be entirely and solely responsible <br />for such deficit, and the CITY shall not be required to share any part <br />of such deficit~ <br /> <br /> 8. It is understood and agreed between the parties that the cos~ <br />of utilities incurred in the operation of said stands shall be charged <br />to operating expenses. <br /> <br /> 9. The BOARD shall be solely and entirely responsible for all suits, <br />~auses ~f action, claims and damages which may arise out of or be.in <br />any way connected with the negligence of BOARD'S agents, servants or <br />employees in connection with the operation of said refreshment stands <br />and further agrees to indemnify and save CITY harmless from all loss and/or <br />expens~ resulting from any Such suits] cg~$es of action, claims or damages. <br /> <br /> <br />