04-11-2007 Council Agenda - Laserfiche WebLink

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RES Specialty Pyrotechnics MAGIC I N T H E E A I R R' DISPLAY CONTRACT AGREEMENT THIS AGREEMENT, made and entered into on this 19th day of February, 2007 between RES Specialty Pyrotechnics, Inc. hereafter referred to as the SELLER and Little Canada Canadian Days Committee, hereafter referred to as the BUYER. IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS: Service Provided Date(s) Time Duration Location Event Sponsor OBLIGATIONS OF SELLER: Outdoor Fireworks Display Saturday, August 4, 2007 Dusk (approximately 9:30 — 10:00 p.m.) 15 -19 minutes (depending on intensity) Spooner Park; Little Canada, MN Little Canada Canadian Days Committee SELLER shall provide all materials, equipment and personnel necessary to perform the above - mentioned display. SELLER is required and will comply with NFPA 1123, Code for Outdoor Display of Fireworks, 2006 edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2006 edition. SELLER shall provide show liability insurance in the amount of $5,000,000.00 to cover the fireworks display and cleanup. SELLER shall include the BUYER, as co- insured on Certificate of Insurance. SELLER shall provide music choreography with the fireworks display with suitable speakers for the shoot area. SELLER shall do a post -shoot inspection of the fallout area immediately after the show and after sunrise the following day to ensure unfired shells are removed from the site. OBLIGATIONS OF BUYER: BUYER shall provide a suitable location for firing of the fireworks display. BUYER shall provide and cover all costs for security, safety and cleanup at the display site. TERMS AND CONDITIONS: The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude upon the completion of the display. This agreement shall run no longer than one (1) calendar year. However, if before the date of the scheduled performance, the BUYER has not performed fully its obligations under the terms of this agreement or that the financial credit of the BUYER has been impaired, the SELLER may cancel this agreement at any time. In the event the BUYER does not perform fully all of its obligations herein, the SELLER shall have the option to perform or refuse to perform hereunder, and in either event the BUYER shall be liable to the SELLER for any damages, compensation or costs incurred including but not limited to attorney and court fees in addition to the compensation herein. 21595 286th Street Belle Plaine, MN 56011 = Phone: 952.873.3113 5 Fax: 952.873.2859 ec