04-26-1995 Council Agenda - Laserfiche WebLink

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BANNER FIREWORKS DISPLAY CO. FIREWORKS DISPLAY CONTRACT THIS CONTRACT, entered this (Q day of Fa f,rl , 199, by and between Banner Fireworks Display Company, 9840 - 271st Avenue, Zimmerman, Minnesota 55398 (hereinafter "Banner ") and Corsi d F 1 :tine Can.ne,.e.q. (hereinafter "Customer "). 1. Banner, for and in consideration of the sum of $ 9)000 .00 to be paid as hereinafter set forth, agrees to furnish to Customer 0 r,2. Fireworks Display Program as submitted and described in Attachment 1 of this contract to be given on j*aqvrs r t.. . The parties agree that should inclement weather prevent the display program on the day specifietf above, the display will be given on O P E N 2. Banner agrees to provide all personnel and equipment needed to prepare, fire and dismantle said display. Banner shall be fully in- charge of and responsible for the preparation, firing, and dismantling of the display. Customer agrees to furnish, at its' cost, to Banner, sufficient space for the safe and proper presentation of the fireworks and necessary police and fire protection. 3. In the event Customer cancels the program entirely, for any reason, Customer agrees to pay Banner 20 percent of this Contract, and Banner shall retain ownership of all fireworks, unless written notice of cancellation is received by Banner within ten days of the display date. 4. Upon execution of this Contract, Customer shall make a down payment of 1,000.0 Ott . Dollars ($ ). The balance of the Contract price shall be paid by the Customer on or 'before ptva,2IGS- as follows: All deferred payments on this Contract shall be due on the dates specified and, if not paid, shall bear an interest rate of Eighteen Percent (187.) per year (1 -1/27. per month) on any remaining balance. 5. Banner agrees to provide, Public Liability and Property Damage Insurance in the amount of $ I 000.e no , in favor of S p0..., s t'r t . A Certificate evidencing liability insurance must be provided to the Customer with the above named as additional insured. 6. Banner agrees to fully comply with all applicable National Fire Protection Association (NFPA) codes and standards in effect at the time of the display and to comply with all provisions of the Uniform Fire Code. 7. The parties agree that this Contract shall not be construed as intending to effect a partnership, nor a joint venture. Each party agrees that it shall be responsible for its separate and individual debts. Both parties acknowledge that there are no agreements, except as are contaihed herein. Any amendments to this Contract shalt be in writing and executed by the parties in the same manner as this Contract. 8. In the event Customer fails to pay any amounts due under this Contract, the costs of collection, including reasonable attorney's fees, shall be paid by the Customer. 9. This Contract shall be interpreted under the Laws of the State of Minnesota and any disputes arising out of this Contract shall be resolved by arbitration through and in accordance with the rules of the American Arbitration Association. 10. The parties mutually and severally guarantee the terms, conditions, and payments of this Contract which shall be binding upon the parties heirs, executors, administrators, successors and assigns. 11. Other Provisions: .4 IN WITNESS WHEREOF, Banner and Customer, by and through their authorized agents, have executed this Agreement on the date first shown above. HAMMER FIREWORKS DISPLAY CO. CUSTOMER Customer Print or Type Name Title c:misc \3085.con Organization Page 76