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Home My WebLink AboutContract 1592 MELROSE NORTH PYROTECHNICS, INC AGItFLMCNT This contract entered into this 9th day of May AD 20 01 by and between MELROSE NORTH PYROTECHNICS INC of Kingsbury IN and City of Co lirb i a Heights (Customer) of City col iimh, a Hai gl-rk State M, nnignta WITNESSETH MELROSE NORTH PYROTECHNICS INC for and in consideration of the terms hereinafter mentioned agrees to furnish to the CUSTOMER nnp —$F 000 00 Fireworks Display(s) as per agreement made and accepted and made a part hereof inclu • g the services of our Operator to take charge of and tire display under the supervision and direction of the Z!. mer said display to be given on the evening of J e 23 2001 Customer Initial %f ` ather permitting, it being understood that should inclement weather prevent the giving of this display on 'dat mentioned herein the parties shall agree to a mutually convenient alternate date, within six (6) months of the original convenient date Customer shall remit to the first pay an addiuonal 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 pnce for costs damages and expenses If the fireworks exhibition is canceled by CUSTOMER pnor to the display CUSTOMER shall be responsible for and shall pay to MELROSE 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 matenal purchases, preparauon 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 SIX THORAND AN) NI100 (1n1 1arG A service fee of 1 %a % 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 items checked in the following list (a) Sufficient area for the display including a minimum spectator set back of 210 feet at all points from the discharge area (b) Protection of the display area by roping oft 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 parry shall be responsible for any agreements not stipulated m 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 teens conditions, and payments of this contract these articles to be binding upon the parties themselves their heirs executors administrators, successors and assi MELROSE NORTH PYROTECHNICS INC CUST ER By . c �. , � ,e4c_ By 1 r Nato rmiam Date Signed / - y / ) / Date Signed � mg "ws (PLEASE TYPE OR PRINT) (PLEASE TYPE OR PRINT) Name --- � 3 -- L --F]ma.n Name Keith to ndsolut 1 Address 9 C ^unty 8 Address 530 Mill Street NE Clear Lake, MN 55319 Columbia Heights, MN 55421 -3878 Phone 800 -771 —7 915 Phone 763- 7R7_7RF,n • ACORD TM CERTIFICATE OF LIABILITY INSURANCE DATE /DDNY) PRODUCER 440 248 4711 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Britton Gallagher & Assoc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6240 SOM Center Rd HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Cleveland OH 44139 2985 COMPANIES AFFORDING COVERAGE COMPANY A Lexington Insurance Company INSURED COMPANY Melrose North B Pyrotechnics Inc COMPANY 9405 County Rd 8 C Clear Lake MN COMPANY I D COVERAGES 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 CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MOONY) DATE (MM /DD/YY) A GENERAL LIABILITY 4018709 4/01/01 4/01/02 GENERAL AGGREGATE $ 2000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS COMP /OP AGG $ 2000000 CLAIMS MADE I X OCCUR PERSONAL & ADV INJURY $ 1000000 OWNER S & CONTRACTOR S PROT EACH OCCURRENCE _ $ 1000000 FIRE DAMAGE (A y one fu e) $ 50000 MED EXP (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON OWNED AUTOS (Per acc dent) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY 5642108 4/01/01 4/01/02 EACH OCCURRENCE $ 4000000 X UMBRELLA FORM AGGREGATE _ $ 4000000 _ OTHER THAN UMBRELLA FORM $ C STATU r O II �T WORKERS COMPENSATION AND I TO LIMITS 1 EI R EMPLOYERS LIABILITY EL EACH ACCIDENT 8 _ THE PROPRIETOR/ INCL EL DISEASE POLICY LIMIT $ PARTNERS /EXECUTIVE — OFFICERS ARE EXCL EL DISEASE EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS DISPLAY DATE June 23, 2001 LOCATION City of Columbia Heights, MN ADDITIONAL INSURED City of Columbia Heights, MN • CERTIFICATE HOLDER CANCELLATION City of Columbia Heights SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Mr Keith Windschitl EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 530 Mill Street NE y 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT Columbia Heights, MN 55421 rl BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES AUTHORIZE EP ENTATIVE 1 ACQRD 25 $ 11/95) 2 40 ANN ACO D CORPORATION 1986