07-23-1997 Council Agenda - Laserfiche WebLink

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MELROSE NORTH PYROTECHNICS, INC. AGREEMENT This contract entered into this 7 day of July A.D. 1997 by and between MELROSE NORTH PYROTECHNICS, INC. of Becker, MN and City of Little Canada (customer) of City Little Canada State MN WITNESSETH: MELROSE NORTH PYROTECHNICS, INC. for and in consideration of the terms here- inafter mentioned, agrees to furnish to the CUSTOMER one –$ 5000.00 Fireworks Display(s) as per a e nt made and accepted and made a part hereof, including the services of our Operator to take charge of and JPa 41 fire August 9, 1-. 7 • • • " ' 'r said display to be given on the evening of 111n�� Customer Initial JRtJ 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 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 PYROTECH- NICS, INC. the sum of Five thousand and no /100 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 PYROTECHNICS, INC. will obtain Public Liability and Property Damage and Workers Compensation Inurance. Customer will provide the items checked in the following list: (a) Sufficient area for the display, including a minimum spectator set back of 350 points from the discharge area. feet at all g (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. 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 SE NORTH PPYROOTTECHNICS, INC. CUSTOMER By ✓ �/ ' "_. B /1?, ion �t 7 mdgent.�+oeea« enrol »,amehaMdudwfyaandeweusbme.. Date Signed / — ! - q ( Date igned T / !6 l9 97 (PLEASE TYPE OR PRINT) (PLEASE TYPE OR PRINT) Name: Ery Harman Name: Address: 13255 Bradley Blvd. Address: Becker, MN 55308 Little Canada, MN 55117 Phone: Joel Hanson 515 E Little Canada Rd 800 -771 -7976 b12 -484 -21/7 Page 44