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I,i`01MIIMH OR FILL, N-2016-051
<br />ilbOdI{ MAY PROCEED
<br />Pyre Spectaculars, Inc. / — o City of Saints, Ana
<br />P.O. Box 2329.. - ---- Program #A
<br />Rialto, CA 923'77 QOF riOU1,101 July 4, 2D16
<br />Tel: 909-W-8120::�: Pax: 909-355M1. APR 2 9 2016 Cage I oro
<br />O. PRCS (/) PRODUCTION AGREEMENT
<br />Silvia Cuevas
<br />Ttds ngteomomi ("Agreemnnf') is mode this -"-9. LLL—day of Feb z,—,y,(j by and detween Pyre Spectaculars, Inc., A California
<br />corporation, hentomfeir referred to as ("PYRO"), and City of Santa Ana, hereinafter referred to as ("CLIENT"). PYRO And CLIENT are lannefimes referred to As
<br />"Pnrty" m eolloctiveiy As "Parties" hesin.
<br />I. ,�,>�yggtdj+„9y1,- CLtEAt'C hereby angnges PY124 to provide to Ct;FGiNT one i3tcworks produetSan ("Pttu3notion"}, mxi PYRQ accepts sack eubpgsrnont
<br />upon all of the promises, terms and conditions hooduafar set forth. The Production shall bcsuntirea ly, as outlined in Program IN',attached hereto and
<br />incorporated herein by this reference,
<br />1.1 PYRO Duties-PYRO shall provide all pyrotechnic equipment, trained pyroteclmicimhs, shipping, pyrotechnic products, application fix
<br />specific pyrotechnic permits (the cost of which, Including standby fees, shall be paid by CLIENT) rotating to the Production, insurance covering the
<br />Production and tits other things on Its part to be prrfmmed as more specifcAlly.set forth below in this Agreement and in the Scope of Work ("Scope of
<br />Work"), attached hereto, Ineorpora0ed harem by chis tellemace, and mado n part of this Agreement as (hood set forth fully hereto.
<br />1.2 MIEN"C Ilui'tes- CLIENT shall provide to PYRO a suitable site ("Site") for the Pemoction, security for the Site as set forth in Paragraph
<br />b hereof', access to the Site, ally permission naoassary, to utilize the Site for the Production, And die other things on Its part to be performed as motro
<br />specifically set forth below in this Agreement cad in the Scope of Work, All Site anwnguntoats ores subject to PYRO's reasounble approval As to
<br />pyrotechnic safety, suitability, ani security. All other conditions of the Site shall be the rosponslbility Of CLIENT, including, but not limited to, access,
<br />use, criminal, parking and general safety with respect to the public, CLIENT personnel and Other contruehms.
<br />2• TlEta and PF¢ea-The Production shall take Placa On'Sriy,•4•,� , at Approximately MI Ii at,Qu aaids), I„llail-,r Dried 'occou,t't Llggsii'
<br />roti •If Iwisr+ , a'*'],udiLAAtits. A,Sita
<br />3.1 Rhe CLIENT agrees to pay PYRO a fee of $2tN04f Op USD (;I`)N" „�„I(t1�[ , '�,I,a(>, ,,t } ("Fee") for the Promedimr, CLIENT
<br />shall pay to PYRO $ .tH4(1.dfl USD {'I`CaN'.fl101tSnk3ellY G)D i;1;AYY5') of the File plus estimated permit and swrxiby fees, specified production costs, and other
<br />regtdatory casts approximated at,'6 IMOR an armee l to be determined, for A total of ` 07 J}Q, its A dupoilt ("Deposit") upon the exeoutlun of this
<br />Agreement by both parties but no later The balance of the Fee shall repaid no later f nucrl,,,(ly„;•7, g, CLIENT maborlaes PYRQ to meelve
<br />ami verify orerlit and financial Information concerning C hAVINT goal any agency, person of entity including but not limited to creditreperilimg agencies, 'rho
<br />"li ICK FIRM" date, the date by which the executed Agresinenf mustbe delivered to Pyro, is set forth In paragraph 20.
<br />7.2 Interest In the events that the Fee is ompoid in it timely manner, CLIENT will be Ynsprrnsihle for the payment of I,Svo interest par manall
<br />or 18% Annually on (tic unpaid balance. Irfligation raison out of this Agreement, the prnvailing party shall be entitled to reasonable cents mounted to connection
<br />Will) (110 htigntion, including, but not limited to aacrnays' fees•
<br />12 QRs ,- PYRO shall pay all narnml expenses directly related to the Production including ti'eight, insurance as outlined, pyrucclmie
<br />products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge dm pyrorielemcs and those additional items as outlined as PYRO's
<br />ceapnnsibhity in the Scope of Work. CLIENT shall pay all costs refund to the Production not supplied by PYRQ inclndiny, but nut Interest to, those items
<br />outlined as CL1EArl"s responsibility in this Agreement and Scope of Werk.
<br />A UjgRro i*bl-PYRO represents anti warrants Boat it Owns alt copyrights, including perforlorri lights, to this Production, except that PYRO
<br />does not own CLUINT-owned mtneriai Air da3rdyrartji material unit has boon included in the Production, and as to such CLIANT•owned and third-p irty-
<br />owned shad rod, CLIENT assumes Poll responsibility mhemfere. CLtF.PdT alines that PYROsbaii n min o wnti a bli of, and ail copyrights and other rights to, the
<br />Production, except Lhal PYRQ shall not Aquila or retain any ownership or other rights in or to CLIENT nwneai material and flood-party-owned motel lot And shall
<br />not but rosponsibia in any way for such mafurim, If applirabin, UNNI currents to the use of CIAENT-owned material and represents thin it has or will obtain
<br />any permission from approp lisle gird parties aittTldio at m Authorize public exhibition or any such material in connection with this Production. PYRO henarvos the
<br />ownership rights bit its trade nacres that are used in or are a product or the Production, Any reproduedarl by sound, video or Other duplication or recording process
<br />without the express written permission of PYRO is prohibited,
<br />S, Sifter PYRQ and CLIENT shall each comply with applicable Federal, slate and loci] laws and ncgmadons And employ safety programa end n easmvs
<br />oonnistom with recognized applicable industry standards and practices. At All times before and during the Production. it shall bO within PYRO's sole discretion to
<br />determine whether or not the Production may, be snfoly discharged or continued. It shall nor cotratludA it breach of this Agmement by PYRO for tirowerks to fail
<br />Or malfunction, or for PYRO to determine that the Production cannot be discharged or Anointed ns a result of any conditions orcirconna ices affcclhng safaty
<br />beyond the reasonable croatrol of PYRO.
<br />6. S ori-CLIEN`I ilial] pxocide adequaa: ;enu:rity per..*,00neS, lranzeades, and Police Deprulms+tit xervices as racy be nv^cssarY to pmdvlia indlv;duals
<br />mini tlms those anrhnriaool by PYRO gain caroling an area hn ern dea4gna#ed by PYRO as iho wren for au ser-up and discharge of the Pite o dinic ine;uding o
<br />Falkwt lima satisfactory to PYRO where the pyetechniex may safety rise anti any debris may nobly fall. PYRQ shop have no responsibility for tnrovowing or
<br />coniroflum CL (ENT's othorcaanacmrs, providers err volunteers; the public; cocas to which oleo public or contracat" have access; orally ether public crswntractmr
<br />facilities Associatul With the Production.
<br />7. Clereas. - PYRO shall be responsible I'or oho tmnoval or all equipment provided by PYRo caul clean up of Any live pyrotechnic debris made mroesieny
<br />by PYRO. CLIENI shall be responsible far Aly Other clnnn up which may be required of the Production orsehup, di.schargc And Fallout areas including any
<br />covin milomal clean lip.
<br />PS V 1=2c
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