1318 Melrose South PyrotechnicsHELROSE SOUTH PYROTECHNICS, IlVC,
AGREEMENT
This contract entered in this 13 rn day of FEBRUARY A.D. 2009 by and between NIELROSE SOUTH
PYROTECHNICS, INC. of Catawba, S.C. and CITY OF SANFORD (customer) of City SANFORD State
FLORIDA.
WITNESSETH: MELROSE SOUTH PYROTECHNICS, INC. for and in consideration of the terms hereinafter
mentioned, agrees to furnish to the CUSTOMER one (I)Fireworks Display(s) as per agreement made and accepted and
made a part hereof, including the services of our Operator to take charge of and fire display under the Super%. ion and
direction of the Customer, said display to be given on the evening of JULY" 4, 2009 Customer Initial , weather
permitting, it being understood that should inclement weather prevent the giving of this display on the date entioned
herein the parties shall agree to a mutually convenient alternate date, within six (6) months of the original display date.
Customer shall remit to the first party an additional 15% of the total contract price for additional expenses in presenting
the display on an alternate date. The determination to cancel the show because of inclement or unsafe weather conditions
shall rest within the sole discretion of MELROSE SOUTH PYROTECHNICS, INC. In the event the customer does not
choose to reschedule another date or cannot agree to a mutually convenient date, MELROSE SOUTH PYRO'T'ECHNICS,
INC. shal I be entitled to 40% of the contract price for costs, damages and expenses. If the fireworks exhibition is
cancelled by CUSTOMER prior to the display, CUSTOivIER shall be responsible for and shall pay MELROSE SOUTH
PYROTECHNICS, INC. on demand, all IIELROSE SOUTH PYROTECHNICS, INC.'s out of pocket expenses incurred
in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits,
licenses, and employee charges.
MELROSE SOUTH PYROTECHNICS, INC. agrees to furnish all necessary fireworks display materials and
personnel for fireworks display in accordance with the program approved by the parties. Quantities and varieties of
products in the program are approximate. After final design, enact specifications will be supplied upon request.
MELROSE SOUTH PYROTECHNICS, INC. enters this agreement contingent upon its ability to secure delivery of
product for the display.
It is further agreed and understood that the CUSTOMER is to pay MELROSE SOUTH PYROTECHNICS, INC.
the sum of $25,000.00 (50% DEPOSIT DUE APRIL 1 2009). A service fee of I ',. per month shall be added if
account is not paid in full within 30 days of the show date.
MELROSE SOUTH PYROTECHNICS, INC. will obtain Public Liability and Property Damage and Workers
Compensation insurance.
Customer will provide the following items:
(a) Sufficient area for the display, including a minimum spectator set back of 420 feet at
all points from the discharge area.
(b) Protection of the display area by roping -off or similar facility.
(c) Adequate police protection to prevent spectators from entering display area.
(d) Search of the fallout area at first light following a nighttime display.
It is further agreed and mutually understood that nothing in this contract shall be constructed or interpreted to
mean a partnership, both parties being hereto responsible for their separate and individual debts and obli;ations, and
neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay any and all
collection costs, including reasonable attorneys fees and court costs incurred by ;NIELROSE SOUTH PYROTECHNICS.
INC. in the collection or attempted collections of any amount due under this agreement and invoice.
The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these
articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns.
MELROSE SOUTH PYROTECHNICS, IVC
By
Date Signed: FEBRUARY 13, 2009
JASON NICFADDEN
P.O. Box 209
Catawba, SC 2970.1
800- 771 -7976
CUSTONIE
By:
It is lu:y authorived gent, •sho repro t he ;he 5+i CUV -il-m to .md the Customer
Date Signed: gay- 2A—- D9
Please r}pe o: •r,�tt
Name:
Address: pW_QfACe
City OfSnnford
Phone: 3110 N Pc tk Avenue gm 236
Email: a n PAv 1799
Sanford, FL 32772 -1788
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