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HomeMy WebLinkAboutRECEIPT - 08-00247 - BYUI Spirit Week Fireworks Showcc X Wull Operational /Fireworks Display ���REXBUR� e C I T Y OF Permit Application REXBURG 19 East Main City of Rexburg :;e .- .-- _..___.___.__ (, --- ..._...____. Phone: 208.359.3020 America's Family Community Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024 ermit #: i $50.00 F P /NO P RMIT APPROVED: YES /NO BY: 1 ATE: Application for permit to operate a display of outdoor fireworks in conformance with adopted codes and ordinances of the City of Rexburg shall be made in writing on forms provided by this city. All requested information must be provided, incomplete applications will be denied. This display permit allows the discharge of fireworks by qualified persons only. Completed applications must be received a minimum of 7 days prior to the event. Name of Applicant /Company: 6 Y V - --I- Contact Person: Contact Telephone Number: 49 tp- 2 i b9 Cell: 313 - y 3 13 Name of Organization Applicant Represents: Proposed Date and Time of Display: MAY 3 I-C : 3 P.--• Rain Date: Name of Person Conducting Display: KC iJ L - LN.►s (Please provide copy of State licenses) 11 Size fi reworks dischar L- �tN C o � Type, S c and amount •f fircw� s t� Lc disc a gcd• r Storage location of fireworks: 9% -74 LIST Exact location of display: (Please provide a map of the area) Owner of property where display is to be located: iSY u = �o Phone: 4910 - Z411 Liability insurance covering event: (attach copy of policy) Company: Cb a ---aft 5 zrwr .c."---,� Coverage Period: Name of Agent: Signature of Code Official Verifying Coverage Policy #: 11 a 8Z 4 337 /no 7 Policy Limits: Agent Phone #: Name of Insurance Co. Representative Providing Information 9 i SITE PLAN Please provide an accurate drawing of the following items: 1) Fireworks discharge area 2) Distance between discharge area and any structures on or to be placed on property 3) Distance between spectators and discharge area 4) Location of fire safety and first -aid equipment Consent of Property Owner I /We �R". '' >'._.A. , owners of the above described property, hereby expressly give my /our consent to the use of my /our property for the event applied for in this application. Signature of Property Owner Printed Name Address: rj25 S , er�L �3u2c•��o. - b3Ae n - w soo Telephone: [�� yq to - Zt k4 If the display is to take place on property belonging to The Church of Jesus Christ of Latter Day Saints, a letter of authorization from a representative of the church shall be provided with this application. OTHER REQUIREMENTS 1. A minim of two (2) 2A10BC fire extinguishers shall be present at the site during the fireworks display. 2. A minimum of two (2) qualified persons shall supervise the actual firing at all times during the display. 3. A copy of the approved permit must be on -site during the display. 4. If a burn ban or winds exceeding 20 miles per hour exist at the time of the display the show will be cancelled. My signature indicates that I understand and will comply with all requirements to ensure a safe and legal discharge of fireworks. Applicant Check List This form filled out in its entirety _ Certificate of Insurance Payment of permit fee 5IZ - h OZS Date Copy of State License ')c,- Detailed site plan _ Consent of property owner 3 • 0 50 %/50% Show # FIREWORKS DISPLAY CONTRACT AND PURCHASE ORDER THIS CONTRACT, entered into on Brigham Young University Idaho and between LANTIS PRODUCTIONS, INC. (a Utah corporation hereinafter referred to as LANTIS), and of (hereinafter referred to as CLIENT). WITNESSETH: LANTIS agrees to furnish the CLIENT, in accordance with the terms and conditions hereinafter set forth, a Fireworks Display Show as per our proposal made a part hereof, including the services of a licensed and trained Pyrotechnician to take charge of and fire the Display. CLIENT shall pay LANTIS the sum of five thousand dollars and No /100 ($5000.00) DOLLARS, in United States Currency, according to the following terms and conditions: 1. Due upon execution of contract $ 2500.00 '►� 2. Check due time of show $ 2500.00 All sums due herein shall be mailed directly to the corporate offices of Lantis Productions Inc., P.O. Box 491, Oraper, Utah 84020; unless otherwise directed in writing. Note: Balance due at time of show must be given to the authorized representative of LANTIS before said show will be commenced. The said display is hereby scheduled to be performed on May 31, 2008. The display may be cancelled by CLIENT up to ten (10) days before display's date. At this time only the cost of the set pieces (if applicable) and permit fees will be paid for by CLIENT. If for reasons other than adverse weather conditions the display shall be cancelled within the ten (10) days prior to the show date, the CLIENT agrees to pay an amount equal to one -half of the total contract amount as a cancellation fee. If the scheduled presentation of the show is delayed due to adverse weather conditions, or other circumstances beyond the reasonable control of either LANTIS or CLIENT, each shall bear an equal share (i.e., 50 %) of all "out -of- pocket" expenses incurred by LANTIS due to the delay. Such expenses shall include, but shall not be limited to, additional lodging, meals, Pyrotechnician fees, permits, vehicle rentals, and equipment rentals (if any) incurred by authorized representatives of LANTIS necessary to present the show. CLIENT hereby agrees that any show so delayed must be presented within 10 calendar days of the originally scheduled date without incurring additional expenses except as detailed in the paragraph above. If the presentation of the show is delayed beyond ten (10) calendar days from the originally scheduled date, this contract shall be subject to renegotiation between LANTIS and CLIENT. CLIENT agrees to provide and furnish a suitable place to display the said fireworks. LANTIS, on behalf of CLIENT, will secure all required state and /or local fireworks permits. Any required marine permits will be obtained by LANTIS on behalf of the CLIENT. CLIENT will obtain any required event permits, and will arrange for any security bonds as required by law, in CLIENT'S community when necessary. CLIENT agrees to furnish necessary and adequate police and /or private security, fire and other necessary protection for proper crowd control, auto parking control, and proper security around the designated safety area during the set -up, during firing, and for a minimum of thirty minutes following show completion. Any vehicles or personal property located within the designated safety area shall be removed at the CLIENT'S Expense. Any damage or destruction of vehicles or personal property left remaining in the designated safety area shall be the sole responsibility of the CLIENT. CLIENT hereby acknowledges and agrees that the LANTIS Pyrotechnician, the CLIENT, or Local Fire Authority, shall have the right to delay the start of, or terminate the firing of, the Fireworks Display Slow if, in any one of the individuals' reasonable judgment, unsafe conditions exist as detailed in the LANTIS Safety Procedures Manual, NFPA 1123 Guidelines, or other applicable local law or regulation. LANTIS shall provide insurance coverage for the following amounts and specified risks only: Bodily Injury and Property Damage, including Product Liability of $2,000,000.00. Under the provisions of our insurance coverage, this protection shall be extended to the CLIENT and additional insured only upon receipt by LANTIS of a properly executed original copy of this contract. It is agreed that this contract shall be governed by the laws of the State of Utah. Should any legal action be� brought to enforce or interpret the terms or provisions of this Contract, any court of competent jurisdiction shall be proper venue for such an action. Interest at 2% per month (AN ANNUAL PERCENTAGE RATE OF EIGHTEEN PERCENT PER ANNUM A.P.R. 24 %) will be charged on all accounts past due, and the Client agrees to pay the same. If any legal action is brought to enforce or interpret the terms or provision of this Contact, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief they may be entitled to. It is further agreed that nothing in this Contract shall be construed as forming a partnership, the parties hereto being severally responsible for their own separate debts and obligations, and neither party shall be held responsible for any agreement not stated 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. CLIENT further warrants that the signature affixed hereto on their behalf is properly authorized to execute such documents and incur such obligations on behalf of the CLIENT. CLIENT further agrees that none of the provisions of this contract may be changed or modified in any way without the express written permission of LANTIS. Additional Provisions: IN WITNESS WHEREOF, the parties hereto, by and through their duly authorized agents, have set their duly authorized signatures and seals the dates and places indicated below. LANTIS Executed on behalf of LANTIS PRODUCTIONS INC. on 5 -8 -08 at Fairfield, UT. Lantis Productions Inc. nneth L. Lan , resi en CLIENT Executed on behalf of this day of at, by: Title: PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Combined Specialties International, Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE 8362 Tamarack Village DOES NOT AMEND, EXTEND OR LATER THE COVERAGE AFFORDED BY THE Suite 119 POLICIES BELOW. Woodbury Minnesota 55125 INSURERS AFFORDING COVERAGE INSURER A: Underwriters, Lloyds of London INSURED INSURER B: Lantis Productions, Inc. INSURER C: P.O. Box 491 Draper Utah 84020 INSURER D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NAMED INSURED ABOVE FOR THE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES INCLUDING, BUT NOT LIMITED TO THOSE FOLLOWING: LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDITIONAL CONDITIONS AND EXCLUSIONS: 1) THE INSURANCE EVIDENCED BY THIS CERTIFICATE IS LIABILITY INSURANCE ONLY, IT IS NOT A BOND OR ANY FORM OF SURETY AGAINST WHICH SOMEONE OTHER AN "INSURED" MAY ASSERT A CLAIM OR BRING ANY ACTION. SUBJECT TO POLICY TERMS, CONDITIONS, DEFINITIONS AND EXCLUSIONS THE INSURANCE ONLY INDEMNIFIES AN INSURED AGAINST CERTAIN LEGAL LIABILITY. 2) THE INSURANCE DOES NOT COVER CLAIMS FOR BODILY INJURY OR PROPERTY DAMAGE OF THE NAMED INSUREDS SHOOTER(S) ASSISTANT(S) OR ANY OTHER PERSON(S) INCLUDING ANY VOLUTEER(S) PARTICIPATING IN ANY WAY IN ANY DISPLAY OR SPECIAL EFFECT PERFORMED OR EXECUTED BY THE NAMED INSURED. 3)COVERAGE DOES NOT APPLY TO CLAIMS FOR BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF THE INSUREDS FAILURE TO FOLLOW NFPA OR OTHER APPLICABLE REQUIREMENTS, LAWS OR RECOMMENDATIONS, INCLUDING THOSE RELATING TO POST DISPLAY OR SPECIAL EFFECT SEARCHES OR CLEAN UP. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM /DD/YY) A GENERAL LIABILITY 1148234337/007 July 29, 2007 July 29, 2008 EACH ACCIDENT $1,000,000 CLAIMS MADE MEDICAL EXP $5,000 (any one person) FIRE LEGAL LIABILITY $50,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP /OPS AGG $1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY $ ANY OWNED AUTO (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per person) EXCESS LIABILITY EACH ACCIDENT $ FOLLOWING FORM AGGREGATE $ WORKERS COMPENSATION WC STATU- OTHER AND TORY LIMITS $ EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYER $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Brigham Young University Idaho is Additional Insured as respects the May 31, 2008 Fireworks Display at �Ow.Q►E 1.e� CERTIFICATE HOLDER CANCELLATION Brigham Young University Idaho SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE 525 South Center Street THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE Rexburg, Idaho 83460 CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, IT'S AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE