05-07-2002 Council Agenda - Laserfiche WebLink

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MELROSE NORTH PYROTECHNICS, INC. AGREEMENT This contract entered into this 11th Day of March AD 2002 by and between MELROSE NORTH PYROTECHNICS, INC. of Clear Lake, MN and City of Little Canada (Customer) of City Little Canada State Minnesota . WITNESSETH: MELROSE NORTH PYROTECHNICS, INC. for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER one - $5,000.00 Fireworks Display(s) as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to be given on the evening of August 31 2002 Customer Initial , weather permitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date, within six (6) months of the original display date. Customer shall remit to the first party an additional 15% of the total contract price for additional expenses in presenting the display on an alternate date. The determination to cancel the show because of inclement or unsafe weather conditions shall rest within the sole discretion of MELROSE NORTH PYROTECHNICS, INC. In the event the customer does not choose to reschedule another date or cannot agree to a mutually convenient date, MELROSE NORTH PYROTECHNICS, INC. shall be entitled to 40% of the contract price for costs, damages and expenses. If the fireworks exhibition is canceled by CUSTOMER prior to the display, CUSTOMER shall be responsible for and shall pay to MELROSE NORTH PYROTECHNICS, INC. on demand, all MELROSE NORTH PYROTECHNICS, INC.'s out of pocket expenses incurred in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits, licenses and employee charges. MELROSE NORTH PYROTECHNICS, INC. agrees to furnish all necessary fireworks display materials and personnel for a fireworks display in accordance with the program approved by the parties. It is further agreed and understood that the CUSTOMER is to pay MELROSE NORTH PYROTECHNICS, INC. the sum of FIVE THOUSAND AND NO /100 DOLLARS. A service fee of 1 %Z % per month shall be added, if account is not paid within 30 days of the show date. MELROSE NORTH PYROTECHNICS, INC. will obtain Public Liability and Property Damage and Workers Compensation Insurance. Customer will provide the following items: (a) Sufficient area for the display, including a minimum spectator set back of 350 feet at all points from the discharge area. (b) Protection of the display area by roping -off or similar facility. (c) Adequate police protection to prevent spectators from entering display area. (d) Search of the fallout area at first light following a nighttime display. It is further agreed and mutually understood that nothing in this contract shall be constructed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay reasonable attorneys fees incurred by MELROSE NORTH PYROTECHNICS, INC. in the collection or attempted collections of any amount due under this agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. MELR► PYPOT.�''t Ir t, INC. By Date Signed: March 1 , 2002 CUSTOMER By Its duly a tOfPmd assns. who nPm<tus Ite/sho Ins full anllc:,y to bi'Itic customer. Date Signed Mark C. Hanson Name 9405 County Road 8 Address Clear Lake, MN 55319 (800) 771-7976 Phone (PLEASE TYPE OR PRINT)