04-22-1998 Council Agenda - Laserfiche WebLink

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MELROSE NORTH PYROTECHNICS, INC. AGREEMENT This contract entered into this 13th day of March A.D. 1998 by and between MELROSE NORTH PYROTECHNICS, INC. of Becker, MN and City of Little Canada (customer) of City Little Canada State Minnesota WITNESSETH: MELROSE NORTH PYRO 1 ECHNICS, INC. for and in consideration of the terms here- inafter 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 8 e 1998 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. The determination to cancel the show because of inclement or unsafe weather conditions shall rest within the sole discretion of MELROSE NORTH PYRO 1 ECHNICS, INC. In the event the customer does not choose to reschedule another date or cannot agree to a mutually convenient date, MELROSE NORTH PYROTECI- INICS, 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 PYRO I ECHNICS, 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 PYRO 1 ECH- NICS, INC. the sum of Five thousand and no /100 Dollars A service of 1 1/2% per month shall be added, if account is not paid in full within 30 days of the show date. MELROSE NORTH PYRO I ECHNICS, INC. will obtain Public Liability and Property Damage and Workers Compensation Inurance. Customer will provide the items checked in the following list: IX (a) Sufficient area for the display, including a minimum spectator set back of 350 points from the discharge area. IX (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 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. feet at all 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. CUSTOMER By By IM duly aumwrsed agent who ,ep'eeails he/the noe lull ootowiy o Lind the euscme,. Date Signed Date Signed (PLEASE TYPE OR PRINT) Name: Ervin J. Haman Address: 13255 Bradley Blvd. Becker, MN 55308 Phone: 800 - 771 -7976 (PLEASE TYPE OR PRINT) Name: Joel Hanson Address: 515 E Little Canada Rd Little Canada, MN 55117 2- 484 -2177 Page 60