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HomeMy WebLinkAboutMelrose South Pyrotechnics Inc. Augusta Richmond GA DOCUMENT NAME: 'r<Te1'(~~lttY) ~'(()\~c.n\\\LS) \ '()(... DOCUMENT TYPE: og'( ee:me.rn- YEAR:C)(:) BOX NUMBER: \ Q, FILE NUMBER: \ G % \ l NUMBER OF PAGES: Ju 1 16 03 02: 38p p.2 C0'd ltllOl MELROSE SOUTH PYROTECHNICS, INC. AGREEMENT Th 5 contract entered in this fl'H day of ~ A.D. ~ by and between MELROSE SOUTH PYROTE HNICS, me. ofCatawbll, S.C. and CITY Of' AUGUSTA (c\lstomer) of City AUGUSTA Slate CE RGIA. W TNESSETR: MELROSE SOUTH PYROTECHNICS, me. for and in consideration of the terms l1er~in;Jfte mentioned, agrees to furnish to thc CUSTOMER ONE (I} Fireworks Display(s) as per agreement made and accepted and made a Part hereof, including the services of our Operstor to take charge of and tir display undtlr the supervision and direction o[thc Customer, said display to be given on the evening 0 JULY 4. 2003 Customer Initial , weather pennitting, it being undcrs~ood that should inclement eatha prevent the glving ofthis display on the dare mentioned herein the parties shall agree 10 a mutuall convenient alternate date. within six (6) months of the original display dale. Customer shall remit (0 th first party an additional 15% of the total conlract price for additional ex:pen~es in presenting the display on an a!tenute date, The detennin.ation to cancel the show because of inclement or unsafe weather conditjons sh;JII resl within the sole discretion of MELROSE SOUTH PYROTECHNICS, INC. In Ihe event the custOJ cr does not choose to reschedult: ,mother date or cannol Rgree 10 a mulu:1l1y convenienl date, MELROS ; SOUTII PYROTECHNrcs, INe, shal1.be entitled tCl 40% of the COntrolCt price for costs, damages a d expenses. Ifthc fireworks clthibilion is cancelled by CUSTOMER prior to the display, CUSTOM R shall be rcsponr;ible for and shall pay MELROSE SOUTH PY ROTECHNICS, rNC on demand, a I MELROSE SOUTH PYROTECHNICSl INC, 's out of pocket ex.pcnscs incurred in preparation for the sh including bul not limited 10, malerial pu:chases, !'l'cparation and design costs, deposits, licenses, 8 d employee charges. LROSE SmITH PYROTECHNICS, INC. agrees to furni,h alllH:ecssary tireworks display d personnel for fireworks display in accordance with the program approved by the parties, further agreed amI understood tMt the Cl!STOMER is to pay MELROSE SOUTH CS, INe. the sum of 517,000.00 (50% DEPOSIT DUE WI CONTRACT)' A service of J YS% per onth shall be added if account is not paid in full within 30 da.ys of the show date, M LROSE SOUTH PYROTECHNICS, INC. will obtain Public Liability and Property Damag~ and Work Compensation insur&lce. A Customer ill provide the following items: (a Sufficient area for the display, including II minimum sp~tator set back of 420 feet at all points from the discharge area. (b Protection o[thc display area by roping-off or similar facility. (c Adequate police proteclion to prevenl spectators from entc:ring display area. (d Search of fhe fallout area 3t first light following a nighttime display. It i further agreed and mutually understood that nothil1g in this contract shall be constructed or interpreted to mean a partnership, both parties being hereto responsible for their separate: and individual debts and bli~ations, and neither party shall be responsible for any agreements not stipulated in this contract uslomer agrees to pay any and all collection c\J5b, including ~onllble attorneys fees and court eel by MELROSE SOurH PYROTECHNICS, lNC. in the col\cdion or attempted collections of any am ml due under this agreement and invoice. Th parties hereto do mutually and severally guarantee term.q, conditions, and payments of this eontr:lCI, th se 3Iticles 10 be binding upon the pArties. thC1U3clvcs, their heirs, CI\\;Culur.;. adminislralo~l successors d assigns. MELRO uni PYROTF.f:!1NICS. INC. By -~'<;-i:-, Name: Addres:s; Pbone: cB/2B'd 9S1..1tZ890l.. N~3 l~I)3dS ^1) HJI~ nn~ [t:~B 9002-[1-Nnf