04-14-1999 Council Agenda - Laserfiche WebLink

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MELROSE NORTH PYROTECHNICS, INC. AGREEMENT This contract entered into this 4th day of Marrh MELROSE NORTH PYROTECI- LNICS, INC. of Becker, MN and A.D. 19 qq by and between City of Litt1P Canada (customer) of City T,itt1e Canada State MinnPSnta WITNESSETH: MELROSE NORTH PYROTECHNICS. INC. for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER one —$5 non nn Fireworks Display(s) as per agreement made and accepted and made a pan 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 A gust 7, 1999 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 convenient date. Cuatemcr .haII e.mit to tha -101' 1? 4141 went nrresien 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 30% 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 FIVR TFTnTT.SANn ANT) Nn /1 nn rcrr APS . A service fee of 1 iiz% 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 items checked in the following list: (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. 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 le- pay f It . ON 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. MELROSE NORTH PYROTECHNICS, INC. By Daze Signed,dlr, , /i q, /CI '{ 47 (PLEASE TYPE OR PRINT) Name Frvin J. Hannan Address 13255 Bradley Blvd. Becker, MN 55308 Phone 800 - 771 -7976 CUSTOMER e lu at ngmt, who rcpmrnv bstho bu ful wtonty to bind Nacus ma. DateStgned n.toh. aY /599 (PLEASE TAPE OR PRINT) Name Joel Hanson Address 515 E Little CAnada Rd Little Canada, MN 55117 Phone 612-484-2177 Page 14