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2023-037 Resolution
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2023-037 Resolution
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4/19/2023 3:18:54 PM
Creation date
4/19/2023 2:58:07 PM
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North Olmsted Legislation
Legislation Number
2023-037
Legislation Date
4/18/2023
Year
2023
Legislation Title
Mad Bomber Fireworks 2023
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EXHIBIT A <br />MAD BOMBER <br />FIREWORKS PRODUCTIONS <br />AGREEMENT <br />This contract entered into this 8th day of March, 2023 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 <br />Buyer, of North Olmsted, Stale 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 $ 30,000.00 for said Display. Upon acceptance of this <br />agreement, Buyer will pay Seller a sum of -0- as an Earnest Money Deposit with the balance due and payable <br />within 30 days after the display date agreed upon. A late charge of 1 X% per month will be assessed on accounts <br />not paid within thirty days of 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 August 11, 2023, it being understood <br />that should there be inclement weather the day of the display the Seller has sole discretion to cancel <br />display. An aitemate display date will be given within six months of the original display date agreeable <br />to both the Seller and Buyer. Agreed Rain Date: To be agreed upon <br />2. The Fee for cancellation for any reason of the Fireworks Display is 40% of the agreement price if <br />Buyer 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 <br />feet at all points from the discharge area. Buyer will provide protection of the display by roping -off or <br />other suitable means. Buyer will provide adequate police protection to prevent spectators from entering <br />display area. Buyer agrees to search the fallout area at first light following a night display. <br />4. Seller reserves the fight to terminate the Display in the event that persons enter the secured Danger <br />Zone 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 <br />the Buyer and Seller. All individual entities listed on the Certificate of insurance will be deemed an <br />additional insured perthis contract. <br />7. Mad Bomber Fireworks Productions retains the right to substitute product of equal or greater value in <br />the event of shortages or unavailability of any particular Rem on the proposal. <br />8. Seller and Buyer agree to include Attachments, if any. See Attachments. -none- <br />Both Seller and Buyer hereto do mutually and severally guarantee terms, conditions, and payments of this contract, <br />these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and <br />assigns. <br />Mad Bomber Fireworks Productions <br />By .Qi�iign,52� <br />Date March 8, 2023 <br />BUYER <br />By <br />(IIs duly authorirstl agent, vaso represents that hehhe <br />has WI authority to BM ase Buyer) <br />Dale <br />
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