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Home My WebLink AboutReso 1984-11582 RESOLUTION NO. 11582 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO FIREWORKS FOR A FOURTH OF JULY FIREWORKS DISPLAY, APPROPRIATING FUNDS THEREFOR AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 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 a Fourth of July fireworks display dated the 23rd day of March , 1984, 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 sum of $10,000 be, and the same is hereby appropriated from the unappropriated balance of the General Fund and placed in account 100-0730-5298. BE IT FURTHER Chula Vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereby authorized and directed to for and on behalf of the City of Chula Presented by Approved as to form by -m~~J:-ff;-~ Mark J. Pfi er, Director of Parks and Recreation / I :' / -1- ~' -- ~'" \ / '}... , /, /lrft'! / "",2/',-/,,) ~ omas J. Harron, City 'Attorney -iULA VISTA, CALIFORNIA, this 84 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF lOth day of Apri 1 , by the following vote, to_it: Scott, Malcolm, Cox, Moore, McCandliss r'ES: Councilmen ~YES: Councilmen BSTAIN: COU"Icilmen 3SENT: Councilmen None None None rTE~~/H//' ~J ~~~ , City Clerk R~ fATE OF CALIFORNIA ) )UNTY OF SAN DIEGO ) s s. TY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, ) HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11582 ,and that the same has not been amended or repealed. t\TED (seal) City Clerk C-660 SAN DIEGJ FIREWORKS DISPIAY a:MPANY P.O. !3OK 28791 San Diego, california 92128 (619) 565-0595 FlREOORFS DISPlAY a:Nl'R1\Cl' THIS CXNl'RI\CI', entered into this 23rd day of March 19~, by and between SAN DmcD FIREWORKS DISPlAY a:MPANY (h:reinafter refe=ed to as "SAN DIE<D F~RFS") and The City of Chula vista (rereinafter refe=ed to as "CLlENl"'). WI'INESSEl'H: SAN DmG:) F~ agrees to furnish tha CLlENl', in accordance with tha te:ans and conditions h:reinafter set forth one Fireworks Display (s) as per Program(s) suhnitted and accepted and made a part rereof, inc1trling the services of a licensed operator to take 'charge of and fire tha Display(s) with sufficient relpers. CLIENl' shall pay SAN DIEG:) FIREWORKS tha S\X!l of T~n thousand and no ---------------------------~-- Dollars, ($10 000 00-----------1, according to tha follCMing te:ans and conditions ')0% depoRitbv June 1. 1984 Net 10 days., for the perfoJ:I1\aIlCe of said display (s). The said display (s) is hereby scheduled to be perfor:med on the day of : :Wed Julv 4. 1984 at time and location to be advised Sh:>uld the weather prove un.favorable on the date (s) set for said display (s) postponerent way be a=anged for display to be fired on the next follCMing clear night by agreerent of both parties, but such postpcnement shall be decided on and notice given SAN DIEG:) FIRE."M:)RKS not later than three o'clock P.M., on the day on which the display sh:>uld be held, and CLIENl' agrees to pay SAN DIE<D FIREWORFS for any additional expenses wade necessary by su:::h postponerrent. Sh:>uld the display be cancelled and not postponed, CLIENT agrees to pay SAN DIEm F~RKS for their costs incurred, inc1\rling, but not limited to, operator's fee, custan set piece and logo design, permits, and insurance. In addition to the above-stated cancellation charges, CLIENT agrees to pay SAN DreG:) FIREWORKS a 10% restocking fee based on the contract price of the display. CLIENl' agrees to assure the risk of weather or other causes beyond the control of SAN DIEm FIRE.WORKS, which way affect or damage such portion of the fireworks as must be placed in position and ~sed a necessary time before the scheduled ccmrencement of the display. CLIENl' agrees to furnish and provide at their = ~se, a suitable site and location, if on land, or suitable floats or SCCMS, incltrling provisions for tCMing and handling sarre, if en water. K-/ISY:l/ CLmn' agrees to provide ade;{W.te police or security services to prevent the public fran entering the :imrediate area designated for the firing of the display and fallout area. Any vehicles or personal property located within the designated firing area shall be remJVed at the CLIENT's expense. Any damage or destr1.x::tion of vehicles or personal prcperty 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 DIEGJ FIREWJRKS I equiprent caused by the general public while any su::h equiprent is located at the designated firfug area. CLIENT agrees to provide, at their sole expense, any fire protecticn or fire personnel, if so required by any local or state governmental autrority.. SAN DIEGJ FI:REW:)RKS agrees to furnish fusurance coverage, fu ccnnecticn wi th the display of fireworks only, for the follcMfug curounts: Bcxiily Injury and Property Damage, fuclu:!ing prcducts Liability $JO~ 000.00----------- Five hundred thousand and no 0 lars------------ -- -- It is agreed that this contract shall be governed l:!i the laws of the State :>f California. Sh:Juld any legal action be brought to enforce or futerpret the terms or provisions of this contract, any court of c;arpetent jurieiliction located in the City of San Diego, California, shall be proper venoo for such an action. If any legal action is brought to enforce or futerpret the terms or provisions :>f this contract, the prevailing party shall be entitled to reasonable attorney's fees and ccsts fu addition to any other relief they may be entitled to. It is further agreed that nothing in this contract shall be ccnstrood as fm:ming a partnership, the parties hereto being severally responsible for their -:Mn separate debts and obligations, and neither party shall be held responsible for any agreanents not stated in this contract. The parties hereto do mutually and severa-lly guarantee the terms, conditions md payrrents of this contract and these articles shall be binding on the parties U\2rnselves and on their heirs, executors, administrators, sucCessors and assigns. IN WITNESS WHEREDF the parties hereto, l::rI and through their du+y authorized "gents, have set their hands and seals this lDth day of Apnl , L9~, at San Di e<]o , California. SAN DrEG) FlREWORFS DISPlAY CDMPANY By {~lJ<t'.L v ~ please sign and return one copy. Owner (Title) By Vista Mavor of the