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2019-021 Resolution
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2/22/2019 11:46:34 AM
Creation date
2/22/2019 11:42:12 AM
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North Olmsted Legislation
Legislation Number
2019-021
Legislation Date
2/19/2019
Year
2019
Legislation Title
Mad Bomber Fireworks
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EXHIBIT <br />FIREWORKS PRODUCTIONS <br />AGREEMENT <br />This contract entered into this 2nd day of January, 2018 and between Mad Bomber Fireworks Productions of <br />Kingsbury, Indiana hereinafter referred to as Seller, and The City of North Olmsted, Herein after referred to as Buyer, of <br />North Olmsted, State of Ohio. <br />Witness: Seller agrees to provide and Buyer agrees to purchase a fireworks Display in accordance with the <br />Program agreed upon. Buyer will pay Seller a sum of $ 27,750 for said Display. Upon acceptance of this agreement, <br />Buyer will pay Seller a sum of -0- as an Earnest Money Deposit with the balance due and payable within 30 days after the <br />display date agreed upon. A late charge of 1.5% per month will be assessed on accounts not paid within thirty days of <br />display date. <br />Both Seller and Buyer mutually agree to the following terms, conditions, and stipulations: <br />1. Seller will present said Fireworks Display on the evening of the 30th Day June, 2019, it being <br />understood that should there be inclement weather the day of the display the Seller has sole discretion to <br />cancel display. An alternate display date will be given within six months of the original display date agreeable <br />to both the Seller and Buyer. Agreed rain date July 7, 2019. <br />2. The Fee for cancellation for any reason of the Fireworks Display is 40% of the agreement price if Buyer <br />chooses to not select another display date within six months of the original display date. <br />3. Buyer will provide a sufficient area for the Display, including a minimum spectator set back of 420 feet at all <br />points from the discharge area. Buyer will provide protection of the display by roping -off or other suitable <br />means. Buyer will provide adequate police protection to prevent spectators from entering display area. Buyer <br />agrees to search the fallout area at first light following a night display. <br />4. Seller reserves the right to terminate the Display in the event that persons enter the secured Danger Zone <br />and security is unable to secure Danger Zone. <br />5. Seller agrees to provide Qualified Technicians to take charge of and present said Display. <br />6. Seller agrees to provide Liability Insurance in the amount of $10,000,000.00 for the benefit of both the <br />Buyer and Seller. <br />7. Mad Bomber Fireworks Productions retains the right to substitute product of equal or greater value in the <br />event of shortages or unavailability of any particular item on the proposal. <br />8. Seller and Buyer agree to include Attachments, if any. See Attachments: -one- <br />Both Seller and Buyer hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these <br />articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. <br />Mad Bomber Fireworks Productions <br />By <br />/141� r 4471�� <br />Dateo?D�- <br />BUYER <br />By_____ <br />(Its duly authorized agent, who represents that he/she <br />has full authority to Bind the Buyer) <br />Date <br />
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