HomeMy WebLinkAboutContract 1722MELROSE NOR TH P YR 0 TECHNICS, INC.
AGREEMENT
This contract entered into this 12TH Day of MAY AD 2003 by and between MELROSE NORTH
PYROTECHNICS, INC. of Clear Lake, MN and CITY OF COLUMBIA HEIGHTS (Customer) of City
COLUMBIA HEIGHTS State MINNESOTA.
WITNESSETH: MELROSE NORTH PYROTECHNICS, INC. for and in consideration of the terms
hereinai~er mentioned, agrees to fiunish 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 d~re~,~o~j~'of the Customer, said display to be given on the evening of JUNE 29, 2003
Customer Initial _~/~__,-~,veather 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 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°/6 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
persormel 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 ~A % per month shall
he added, if account is not paid within 30 days of the show date.
MELROSE NORTH PYROTECHNICS, INC.
Workers Compensation Insurance.
will
obtain Public Liability and Property Damage and
Customer will provide the following items: (a) Sufficient area for the display, including a minimum spectator set back of 3.00 feet at
all points from the discharge area.
(b) Protection of the display area by roping-offor 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 he responsible for any agreements not stipulated in this contract. Customer agrees to pay any and
all collection costs, including reasonable attorneys fees and court costs 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.
MELROSE NORTH PYROTECHNICS, INC.
By
Date Signed: MaY 12~ 2003
Mark C. Hanson
9405 River Road SE
Clear Lake, MN 55319
(800) 771-7976
CUSTOMER
By
Date Signed
Name
Address .~'"~'
Pho~ 7
, ACORD,. ., CERTIFICATE OF LIABILITy INSURANCE
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
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
6240 SOM Center Rd. COMPANIES AFFORDING COVERAGE
Cleveland, OH 44139-2985 COMPANY
A Lexington Insurance Company
INSURED COMPANY Minnesota Workers Compensation
Melrose North Pyrotechnics,Inc. B Assigned Risk Plan
9405 River Rd. COMPAN,
Clear Lake, MN 55319 c
i COMPANY
I D
COY R~GES , .. i ~ *'- : =i.i=.: ; ~i "i~ ; ..*,= .=.=:: · ~-' ": =- '*~ ~:: == ~ : , i -i;~.;.~.: i= ~':,.:..
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 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.
POMCY EFFECTIVE POLICY EXPIRATION
CO TYP~ OF INSURANCE POUCY NUMBER LIMITS
LTR i DATE (MM/DD/YY) DATE (MMIDD/YY)
A GENERAL LIABILITY 9539770 4/01/03 4/01/04 GENERAL AGGREGATE $ 2000000
X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/DP AGG $ 2000000
':' I CLAIMS MADE IXl OCCUR PERSONAL & ADV INJURY $ 1000000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1000000
FIRE DAMAGE (Any one fire) $ 50000
MED EXP (Any one person) $
AUTOMOBILE MABIUTY
COMBINED SINGLE LIMIT
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person}
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY: . =::i: .~ ' ' ·
EACH ACCIDENT
AGGREGATE
A EXCESS UABIUl~ 5642448 4/01/03 4/01/04 EACH OCCURRENCE $ 4000000
X UMBRELLA FORM AGGREGATE $ 4000000
OTHER THAN UMBRELLA FORM $
I WC STATU- I OTH- . .....
WORKERS
COMI~NSATION
AND
I
TORY LIMITSI ER ; · · ~ ·
B EMPLOYERS' UABIUTY WC220408877005 4/01/03 4/01/04 EL EACH ACCIDENT $
THE PROPRIETOPJ ~ INCL EL DISEASE - POLICY LIMIT $
PARTNERS/EXECUTIVE
OFFICERS ARE: I I EXCL EL DISEASE - EA EMPLOYEE $
OTHER
oESC=,,ON O~ O~RATIO~S~LOC~ONS~H,CL~S,S~C,A. ~T~MS DISPLAY DATE: June 29, 2003 location: City of Columbia
Heights,
ADDITIONAL INSURED: City of Columbia Heights, Minnesota
City of Columbia Heights SHOULD/~Y 0F~ THE ABOVE__ aD~RIBED POLICIES BE CANCELLED BEFORE THE
Attn' Mr Keith Windschitl EX..~N D~.~ THEREOF.
COMPANY
WILL
ENDEAVOR
TO
MAIL
530 ~iii ~treet NE 30./AYS. ~R.T~, NOT}C/TO '.HE/~:,~'nF,~TE ,OLDER NA.ED TO THE LEFT.
Columbia Heights, MN 55421 3878 BUT F~LUR~///~'/ ~L ~ N~CE /HALL IMPOSE NO OBLIGATION OR LABILITY
OF A~IY ~f~q ~J~N/~HE ~'~,Y, ITS AGENTS OR REPRESENTATIVES.
ACORD 25 (1~95) : RPORATION 1988
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