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Home My WebLink AboutContract 1670MELROSE NOR TH P YR 0 TECHNICS, INC. AGREEMENT This contract entered into this 10TH Day of MAY AD 2002 by and between MELROSE NORTH PYROTECHNICS, INC. of Clear Lake, MN and CITY OF COMUMBIA HEIGHTS (Customer) of City COLUMBIA HEIGHTS State MINNESOTA. WITNESSETH: MELROSE NORTH PYROTECHNICS, INC. for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER ONE 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 JUNE 28, 2002 Initia~ weather permitting, it being understood that should inclement weather prevent the giving Customer of this display off/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 $6,000.00 {SIX THOUSAND AND NO/100 DOLLARS). A service fee of 1 ½ % 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 300 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. By ~~ ~' .~~,,...,,. Date Signed:' May 10,2002 ~--/~DDate Sg~n~t=~Z~~~ /, t (PLEA, SE TYP~PRINT) MarkC. Hanson Name .Z_4'~/J/-3~ /__, 9405 County Road 8 Clear Lake, MN 55319 (800) 771-7976 E DA r, CO/ /) .-r ERTIFICATE OF LIABILITY INSURANC 5 PRODUCER 440-248-4711 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Britton-Gallagher & Assoc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6240 SOM Center Rd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cleveland, OH 44139-2985 COMPANIES AFFORDING COVERAGE COMPANY A Lexington Insurance Company INSURED COMPANY Melrose North Pyrotechnics, Inc. COMPANY 9405 County Rd, 8 C Clear Lake, MN 55319 COMPANY D I THIS IS TO CERTIFY THAT THE PoLICIEs OF INSURANCE LISTED BELOW HAVE BEEN IsSuED T° THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LIMITS CO TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE {MM/DD/YY) LTR A GENERAL LIABILITY 0427470 4/01/02 4/01/03 GENERAL AGGREGATE $ 2000000 PRODUCTS- COMP/DP AGG ~ 2000000 X COMMERCIAL GENERAL LIABILITY ~g,,*./ ~ PERSONAL & AOV INJURY $ 1000000 CLAIMS MADE I"1 OCCUR EACH OCCURRENCE ~ 1000000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 50000 ·. MED EXP {Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO BODILY INJURY ~.LL OWNED AUTOS IPer person) I SCHEDULED AUTOS BODILY INJURY HIRED AUTOS . IPer accident) NON-OWNED AUTOS PROPERTY DAMAGE $ AUTO ONLY. EA ACCIDENT GARAGE UABIUTY OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT AGGREGATE A EXCESS LIABILITY 5642250 4/01/02 4/01/03 EACH OCCURRENCE $ 4000000 AGGREGATE $ 4000000 X I UMBRELLA FORM OTHER THAN UMBRELLA FORM WC STATU- I OTH- WORKERS COMPENSATION AND TORY LIMITS I ER EMPLOYERS' LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR/ [-~ iNCL EL DISEASE - POLICY LIMIT $ PARTNERS/EXECUTIVE~-1 EL DISEASE. EA EMPLOYEE OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS DISPLAY DATE: June 28, 2002 LOCATION: City of Cot~ia Heights, MN ~F~ITIONAL INSURED: City of Columbia Heightsr MN i~i~i~i~Ai.E HOLDER~!~i~i~%~i~f.:~.!~?:!~:i,~:~ .,i~,,~, ~, ~::' ~; :~;., CANCELLATION :'~ ~ ~'~~~= ............................ ' " ..... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Columbia Heights 0 0 0 0 ~ ~ ~ EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Att~: Mr. Keith Windschitl 3o DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 530 Mill Street NE BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABlUTY OF ANY KIND UPON THE C(~PANY, ITS AGENTS/"~)R REPRESENTATIVES. Columbia Heights, 55421-3878 AUTHOI:~ZEO~EPRESENTA~TIV~/ j~ I / ' L ~ ACORD 25-S (1195)~,?~ ~;:'~'~ :~ ...... :: ! 2- 40. :~!~ ' .... ': ,,,, 05/30/02 16:18 FAX 320 743 6499 MELROSE NORTH ~01 i'C,'iTi!' O F ...... __ ..... LIABILITY . INSURA~_~.Ej~ . 440-248-4711 TH{ ~E~V~ATE Britton-Gallaoher & Assoc. ONLY ~D ~N~ ~ ~S U~N ~E ~T~TE 6240 SON Center Rd. HOLDER, T~ ~iGATE AL~ THE COV~GE ~GD BY T~ Cleveland, OH 44139-2985 ... ~pMP~IEB ~OR~G ~V~ CO~ A Lex~gton Insurance Compan~ C~Y Melrose No~h B Pymiechnics, Inc. c~Y ~~ ~ p~ ** , -' 9~5 CounTy Rd, 8 c Oear Lake, MN 55319 I 0 ~ ~RT~ ~T ~ ~$ ~ ~S~E L~TED ~L~ HAVE ~EN JS~l ~A~, NO~THST~ ~Y ~OU~, T~ OR ~N OF ANY C~ ~CT C~T~I~TE MAY ~ IS{~D OR ~Y ~AIN, THE ~U~N~ ~O~ BY THE ~ iL~ES ~{CMBED HER~M I~ &U~E~ TO ~ ~ ~M{, EX~I~S ~ CONDITIONS OF SU~ POL~IES, LIMITS ~0~ ~Y HA~ ~EN RED~ ~L~ 0427470 4/01/02 4~1/03 G~ ~G~*TE ; 2~ ..... c~s~ ~ ~c~ ~ ~ ~v ~ , ~oo.. C~ED ~TO ~~ ~. ~ ~A .,, ..... ~el ~~ ~v ~o~ ~u. ~0~77003 4/01/02 4/01/03 I~L S~m , ~ ~T~~E~N~ iTEm ~2~ ~: ~ ~~ ~: ~ty of ~ia ~i~, ~ ................... . , _ ' ~s {~/g6)?~ ?c~.:V~-".'~*-':<.,~?.'"~..r-f:'~'~'.' *' .: . 2. ~ ' F- · -7/~,~..-7 o6,_-~.~..~-7 ~-, Applicant 1. This app~abon mu~t ~ ~mpM~ a~ m~ at ~t 15 ~ays p~r ~ ~ate of d~y, 2. F~ u~ appl~n Nameof~i~t(~~O~~): ~ of ~l~ia ~~, ~~ ~t~~, ~c. Add~ ~a~ll~C 530 ~11 S~t Name ~ ~o~ mount ~ ap~C ~e ~t~cs, ~c. ~=~~e~ 9405 ~ty Rd.8, ~ ~e, ~ 55319 T,I.~n~ n~r ~ ~enC 320-743-6496 D~e ~ d~p~y: J~e 28, 2002 ~me ~ ;ap~y: A~. 10~ ~ ~ 9~ o~ ~ ~ ~~Wm~hn~ ~1 ~ ~r ~ ~y: ~A ~Uve~ Day of ~. ' i~n~o~ ,tII~ liw ~quiri~ that tl~ diIplmy tm mmd~I under lira di~ Imlmwl~ton of a pyrotm;tud~ Ol~ ~ by tim ~ Name of suialrvi~ing oilier:. 1.3(; aerial shells up to 3" approve( subject to Ihe ~ cgmdilkm,, if any: $i9~atuf~ of fu~ chief/county -.heril1:.,, Dam: $~gr~a~m of ~u~n9 auu~my:., Dam: