HomeMy WebLinkAboutReso 1985-12016 RESOLUTION NO. 12016
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND SAN DIEGO FIREWORKS FOR FOURTH OF JULY
FIREWORKS DISPLAY
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGRE~ENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that that certain agreement between THE CITY
OF CHULA VISTA, a municipal corporation, and SAN DIEGO FIREWORKS
for Fourth of July fireworks display
dated the 15th day of April , 1985, a copy of which is
attached hereto and incorporated herein, the same as though fully
set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by Approve~ to form by
Der~y FonCerrada, Acting Thomas J. Harron, City
irector of Parks and Attorney
Recreation
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this ?th day of May
19 85 ., by the following vote, fo-wit:
AYES: Counci 1 members Moore, Scott, Cox, McCandliss
NAYES: Councilmembers . None
ABSTAI N: C0unci l members None
ABSENT: C0unci l members Malcolm
Mayor of the~ity~t)f Chula Vista
~ City Clerk~ ~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. ?~/~, ,and that the some has not been amendedor repealed.
DATED.
(seal) City Clerk
CC-660
SAN DIEGO FIREWORKS, INC.
P.O. Box 28791
San Diego, California 92128
(619) 565-0595
FIREWORKS DISPLAY CONTRACT
THIS CONTRACT, entered into this 15th day of April ,19
85 , by and between SAN DIEGO FIREWORKS, INC. (hereinafter referred to as "SAN DIEGO
FIREWORKS") and The City of Chula Vista
(hereinafter referred to as "CLIENT").
WITNESSETH: SAN DIEGO FIREWORKS agrees to furnish the CLIENT, in accordance with the terms and
conditions hereinafter set forth one Fireworks Display(s) as per Program(s) submitted and accepted
and made a part hereof, including the services of a licensed operator to take charge of and fire the Display(s) with
sufficient helpers. CLIENT shall pay SAN DIEGO FIREWORKS the sum of
Ten thousand and no ................. Dollars,($10,000.00 .............. -)-,
according to the following terms and conditions 50% deoosit at time of sit, ned ,
contract, net 10 days followinq display for the performance-of said display(s).
The said display(s) is hereby scheduled to be performed on the day of Thursday
July 4, 1985 at J St. Marina
Should the weather prove unfavorable on the date(s) set for said display(s) 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 SAN DIEGO FIREWORKS not later than three o'clock P.M., on the day on
which the display should be held, and CLIENT agrees to pay SAN DIEGO FIREWORKS for any additional
expenses made necessary by such postponement. Should the display be cancelled and not postponed, CLIENT
agrees to pay SAN DIEGO FIREWORKS for their costs incurred, including, but not limited to, operator's fee,
custom set piece and logo design, permits, and insurance. In addition to the above-stated cancellation charges,
CLIENT agrees to pay SAN DIEGO FIREWORKS a 10% restocking fee based on the contract price of the display.
CLIENT agrees to assume the risk of weather or other causes beyond the control of SAN DIEGO
FIREWORKS, which may affect or damage such portion of the fireworks as must be placed in position and
exposed a necessary time before the scheduled commencement of the display.
CLIENT ag rees to furnish and provide at their 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.
CLIENT agrees to provide adequate police or security services to prevent the public from entering the
i m mediate area designated for the firing of the display and fallout area. Any vehicles or personal property located
within the designated firing area shall be removed at the CLIENT's expense. Any damage or destruction of
vehicles or personal property left remaining within the designated firing area shall be the sole responsibility and
liability of the CLIENT. CLIENT shall also be liable for any damage or theft of SAN DIEGO FIREWORKS'
equipment caused by the general public while any such equipment is located at the designated firing area.