HomeMy WebLinkAbout1976-04-20; City Council; Resolution 3885RESOLUTION NO. 3885
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
A CONTRACT BETWEEN THE CITY OF CARLSBAD
AND THE CALIFORNIA FIREWORKS DISPLAY
COMPANY TO PROVIDE A BICENTENNIAL CELE-
BRATION FIREWORKS DISPLAY ON THE FOURTH
OF JULY AND AUTHORIZING THE MAYOR TO
EXECUTE SAID CONTRACT.
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain contract between the City of
Carlsbad and the California Fireworks Display Company to provide
a Bicentennial Celebration Fireworks Display on the Fourth of
July, a copy of which is attached hereto marked Exhibit "A" and
made a part hereof, is hereby approved.
2. That the Council appropriate $3000 from the 7-109
fund.
3. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
20th day of April , 1976 by the following vote, to wit:
AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and
NOES : None Council woman Cas1 er
ABSENT : None 4 OB T C. FRAZEE, M or - ATTEST :
r 0 0 California Fireworks Display Company
si96 NORTH LOCUST AVENUE P.O. BOX 488 RIALTO. CALIFORNIA 92376
FIREWORKS DISPLAY CONTRACT
THE CONTRACT, entered into this 2 0 t h day of Apri 1 ,1976
by and between CALIFORNIA FIREWORKS DISPLAY CO., hereinafter called First Party, (Seller) and
CITY OF CARSBAD hereinafter called
Second Party (Buyer).
WITNESSETH: First Party agrees to furnish Second Party, in accordance with the terms and conditions hereinafter set forth 1
Fireworks Display - as per Program - subkitted and accepted and made a part hereof, including the services of 1 licensed
opextor -to take charge of and fire the Display -with sufficient helpers.
The said display -scheduled to be given on the evening of July 4, 1976
... Area .ioinina I a Costa Golf Course - at
Should the weather prove unfavorable on the date - set for said display - postponement may be arranged for display to be
fired on the next following clear night by agreement of both parties, but such postponement shall be decided on and notice given First
Party not later than three o’clock P.M., on the day on which the display should be held, and Second Party agrees to pay First Party
for any additional expenses made necessary by such postponement, over and above the stated price for the.display.
Second Party agrees to furnish and provide at his own expense, a suitable site and location, if on land, or suitable floats or scows,
including provisions for towing and handling same, if on water.
Second Party agrees to assume the risk of weather or other causes beyond the controi of First Party, which may affect or damage
such portion of the exhibits as must be placed in position and *;;posed a necessarj time before the scheduied commencement of
the display.
Second Party agrees to provide adequate police protection to protect First Party from the public’s getting into and about the space
wherein the mentioned fireworks may operate. rise or fall, and to furnish and place sufficient ropes or guards to prevent unauthorized
persons or the public from gaining admission to the necessary space provided for the exhibition-and hindering or delaying employees
of First Party or damaging display materials and equipment.
First Party agrees to furnish insurance coverage, in connection with the display of fireworks only, for the following amounts:
lmRd. -
Bodily Injury and Property Damage, including Products Liability To be provided b!’ second party
It is agreed Second Party will pay First Party the sum of THREE THOUSA ND--------------------------- Dollars
$ 3,000.00 according to the following terms and conditions Payable on or before July IO, 1976
It is further agreed that nothing in this contract shall be construed as forming a partnership, the parties hereto being severally re-
sponsible for their own separate debts and obligations, and neither party shall be held responsible for any agreements not stipulated
in this contract.
The parties hereto do mutually and severally guarantee the terms, conditions and payments of this contract and these articles shall
be binding on the parties themselves and on their heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF the parties hereto, by and through their duly authorized agents, have set their hands and seals
this 20th day of Apri 1 ,1976
t