HomeMy WebLinkAbout87-0510 Gemini Fireworks b G�
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AGREEMENT
This contract entered into this l0thday of May , 1987, by and
between Gemini Fireworks. & Explosives, Corporation party
of the first port, and the CITY OF ELGIN, ILLINOIS, a municipal corporation, party of
the second part, WITNESSETH:
(I) Party of the first part for and in consideration of One Dollar each to
the other in hand paid and receipt of which is hereby acknowledged, and of the terms
hereinafter mentioned, agrees to furnish to the party of the second part one fireworks
display, as per the selected program submitted and accepted and made a port
hereof, including the services of the party of the first part's expert operators to take
charge of and fire display . . . under the supervision and direction of the party of the
second port, said display . . . to be given on the evening of July Fourth, 198 .2
night, weather permitting, it being understood that should inclement weather prevent the
giving of this display on the date mentioned herein, the fireworks display will be given on
the next clear night of the party of the second part's choosing.
(2)Gemini Fireworks & Explosives, Corp. agrees to furnish all
necessary firework display materials and personnel for a fireworks display in accordance
with the program approved by the parties.
(3)Gemini Fireworks & Explosives, Corp. will provide odequate
public liability, property damage and Workmen's Compensation insurance and agrees to
indemnify the CITY OF ELGIN, ILLINOIS, against any claims which may arise by reason
of any act performed by, or omission of, Gemini Fireworks & Explosives, Corp.
or any of its personnel. A certificate of $1,000,000.00 (One Million Dollars) in insurance
liability coverage will be presented to the party of the second part by the party of the
first port prior to the giving of this fireworks display.
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(4) It is further agreed that the party of the second part is to pay the party
of the first art the sum of $ bolos fo9lows:
P 6,000.00 (Six Thousand..•.00/100)
to be paid anytime within thirty (30) days after the fireworks display has been satisfac-
torily presented by the party of the first part for the party of the second part.
(5) Additionally, it is agreed that the shells provided for this fireworks
display by the party of the first part shall be live and viable and that no more than 2%
(two percent) of the total number of shells in the display, not including the finale, will be
acceptable as duds . . . it being understood that the CITY OF ELGIN shall deduct $20.00
(Twenty Dollars) per shell from the contract price for each dud in excess of the 2% (two
percent) allowable. The parties agree that a dud shell shall be any shell that does not
explode in the air to produce the desired result, explodes prematurely in the tube, or does
not reach normal altitude for its size before exploding and that the CITY OF ELGIN,
party of the second part, shall be the sole judge of which shells are duds.
(6)Gemini Fireworks & Explosives, Corp. agrees it shall be
responsible for obtaining all necessary permits and licenses.
(7) It is further agreed and mutually understood that nothing in this
contract shall be construed or interpreted to mean a partnership, both parties being
hereto responsible for their separate and individual debts and obligations, and neither
party shall be responsible for any agreements not stipulated in this contract.
(8) The parties hereto do mutually and severally guarantee terms, condi-
tions, and payments of this contract, these article,to be binding upon the parties, them-
selves, their heirs, executors, administrators, successors and assigns.
SIGNED THIS 27th DAY OF May 1987. _
CITY LGIN - •
7-2 - ......1,
By: By: i s°�f • , President
Jer/ry�i; Gasper, president
Gertilni ework Explosives, Corp.
Pone: 312-543-1001
^ ^
ALL ECIALTY INSURANCE, INC.
P.G. BOX 40250 w ST^ PETERSBUKG, FLORIDA 33743
Toil. Free 1-800-237-3355 National.
3 -013-345-1217 Fiorida
Poiicv No ! 7LM20870 Certificate No , 8
CERTIFICATE OF INSURANCE
This is to certify that Poi ( cies in the name of :
Named Gemini Fireworks & Additional. Aty of Elojn
Insured Expiosives Corporation Insured &
And ^P O Box 70^ School District V�
Address Bionminqdaie^ IL 601{)8
are in force at the date hereof ' as foiiows:
^
--------�Tmm-L,-----
------------------- ---------------- --------------------------------
FIR[WORKS DlSPLAV | 7LM20870 I Eff : 04-24-87 $1 ,000,000 *CSL
LIABTLITY INSURANCE \ 1 Exn : 04-24-88 inciuded
COMPANY: |
T. H.E. Insurance i |
............-:..................-....-------- ---------------_ --------------- ------------------
EXCESS FIREWORKS / Eff � �
DISPLAY LIABiLIlY Exp '
310SURAXCE C5MPANvi
-------------------l-----------�----J--.................................---- ...................
|
COMPANY; | Eff . i
i \ Exp . �
) / \
.......................................................................... -................-....---------l--------------- ...................
*0SL - COMBINED SINGLE LIMIT
In the evp"{ of anv ma+priaL change in, or canceiiation of , said
po i ' c ies, rhp undersigned wi i i endeavor to q ive written notice to
the party { o whom this certificate is issued , but faiiure to give
such notice shaii impose xo obii9a! ioo or | iabiiity upon ihe companY.
CERTIFICATE 15SU[8 TO: DATE OF DISPLAY 7_4_n�
NAME City Of Plain
'
ON).; RAIN DATE
ADDRESs 150 Dexter Ccurt - -
flgin, Illiccjs 6Cl7� DISPLAY AMOUNT
LOCATION OF DISPLAY Elqjn 8juh School
This certificate neither affirmativeiy nor neqativeiy amends, extends
or aiters the coverage afforded by an; poiicy described herein.
NOTES In event rain or inciement weather prohibits this disniay'
coverage w { ii appiy on a subsequent date on which dispiav is heid ,
within the terms of this confract . Cieanup and poiic / nn of the
dispiav are the responsib { iity of the Sponsors.
The f » iiowing are additional. insuredi/ Any fair or expositio% '
association, sponsoring organization or committee, the owner or-
Lessee of any premises used by the named assured , or any pubiic
authority granting a permit to the named assured ' but oniy as
respects accidents arising out of the business operations of the
Primary assured . Aiso , as addi { ionai named insured any independeni
contractor who fires the dispiay on behaif of the assured ,
!his ceriifVote is not vaiid uniess an original. signature, appears
beiow (copies are not vaiid ) .
Date of Certificate�-i�������� Aut-- =�h�=+�+d �-------
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