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. ... i,'43URANCE NOT ON FILEPYRO SPECTACULARS, INC.
<br /> q~~lte/)wORK MAY -NOT'PROCEED Display Agreement . N-2003-060
<br />~-I~A, CLERK OF~ COUNCIL
<br />~'~ DATE: ~[Iq Io5
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<br /> Ca[i[omb co~orzdon hereinafter ~e[e~ed to as '?~0' and
<br /> Ci~ of Santa Ann hereinafter refe~ed to as "PURC~SER.
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<br /> 2) PYRO agrees to furnish PURCHASER, M accordance with the te~s and conditions hereinafter set fo~h, 1 fireworks display
<br /> as per Program A , submiRed, accepted and made pa~ hereof, including ~e se~ices of a licensed pyrotec~ic operator to take
<br /> charge of and, along wi~ sufficient heIpers, safely discharge ~e display.
<br /> The said display is scheduled to be perfo~ed on July 4 ,20~ at
<br /> ~entennial Regional Park Soccer Field: Santa Ann
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<br /> 3) PURCHASE~ at its own expense, agrees to provide to PYRO:
<br /> A) A suitable DISPLAY SITE ~ which to stage the fueworks display, bcluding a fir~g and fallout zone reasonably acceptable to
<br /> PYRO M which the fireworks and firework debris may be exhibited, rise and fall safely. B) Adequate policing, guard protection,
<br /> roping, fencing andtor other crowd consol measures to prevent the access of~e public or its prope~ or any other people or prope~
<br /> not authorized by PYRO into ~e DISPLAY SITE. C) The services and cost of standby firemen and/or any applicable permit fees
<br /> as required by state and local statutes, ordinances or regulations. D) Access by PYRO, at ail times, to the DISPLAY SITE to set
<br /> up the display. IfPURCHASER fails to fully comply with requirements A, B, C anWor D set forth above, P~O shall have no
<br /> obligation to perfo~ and PURCHASE~agrees to pay to PYRO the entire con.act price plus any additional expenses incuned
<br /> because of said failure. If, in its sole discretion, P~CHASER designates an area for members of the public to view the Display
<br /> ("Spectator Area") anWor an area for vehicular parking ("Parking Area"), the PURCHASER shall: E) Ensure that the Spectator Area
<br /> does not infringe on the Display Area; F) Have sole responsibili~ for ensuring that the te~ain of the Spectator Area and any s~cmres
<br /> thereon, including, but not limited to grandstands and bleachers are safe for use by spectators; G) have sole responsibili~ for ensuring
<br /> that the Parking Area is safe for use; H) Have sole responsibili~ to police, monitor and appropriately conUol spectator access to the
<br /> Spectator Area and ~e Parkbg Area and police, monitor and appropriately consol ~e behavior ofpersons in these areas. It is
<br /> expressly agreed that PYRO, (including its operators and helpers) shall not inspect, police, monitor or o~e~ise supe~ise any area of
<br /> the site other than the Display Area, except to ensure: I) ~at any Spectator or Parking Areas are ouBide ~e Display Area; and J)
<br /> After completion of the Display, that the Display Area is cleared of any live f~ework debris originating from ~e program.
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<br /> 4) PURCHASER shall pay to PYRO the sum of NINE THOUSAND NINE HUND~D NINETY-NINE .... Dollars
<br /> ($ 9~999.00 ). A deposit of S 0.00 and fire department fees approximated at S 0.00 must be paid
<br /> by . Full final payment is due the first regular business day after the date set for the display. A finance charge at a
<br /> periodic rate of 1.5% per month, 18% annual percentage rate, or the maximum rate pe~iued by law, whichever is less, will be
<br /> charged on the unpaid balance after ten days from the date &the display. PURCHASER, by signing this agreement, authorizes PYRO
<br /> to receive and verify financial information concerning PURCHASER from any person or entity.
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<br />5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO's control, which may prevent the display from
<br />being safely discharged on the scheduled date, which may cause the cancellation &any event for which PURCHASER has purchased
<br />the display, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the
<br />display. It shall be within PYRO's sole discretion to determine whether or not the display may be safely discharged on the scheduled
<br />date and at the scheduled time. If, for any reason beyond PYRO's control, including, without limitation, inclement weather, PYRO is
<br />unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be
<br />cancelled, the parties shall attempt to negotiate a new display date, which shall be within 60 days of the original display date.
<br />PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to
<br />agree on a new display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the
<br />display on the date set for the display, as provided in the following paragraph.
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<br />6) PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display. IfPURCHASER exercises
<br />this option, PURCHASER agrees to pay to PYRO, as liquidated damages, the following percentages of the agreed contract price, t)
<br />25% if cancellation three (3) or more days prior to the scheduled day of the display, 2) 50% if cancellation occurs within two (2) days
<br />of the actual date set for the display, 3) 75% if cancellation occurs on the date set for the display but prior to the time physical set-up
<br />ofthedisplayactuallybegins, 4) 100%thereafier. Ifcancellation occurs prior to the date set for the display, PURCHASER agrees to
<br />pay PYRO in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its agents
<br />including but not limited to music/narration tape production and/or Sponsors logos.
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<br /> (continued on reverse)
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