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HomeMy WebLinkAbout2025 DENIS NONCARROW Town Hall,53695 Main Road P.O. TOWN CLERK Box 1179 �¢ Southold,New York 11971 Fax REGISTRAR OF VITAL (631)765-6145 Telephone(631) STATISTICS MARRIAGE OFFICER 765-1800 RECORDS MANAGEMENT ,, www.soutlioldtownny.gov OFFICER FREEDOM OF �a INFORMATION OFFICER � �►I1NTV; OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-618 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 19, 2625: RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by.the Town Clerk to Peconic Landing at Southold, Inc. for a fireworks display on Sunday,August 31 st,2025 at 8:00 PM(Rain Date: September,I st, 2025 at 8:00 PM), on the Peconic Landing's property at 1500 Brecknock Road, Greenport,.New York, subject to the applicant's compliance with the.requirements of the Town's policy 'regarding the issuance of fireworks permits. Roadway in Peconic Landing to be secured during the show. Compliance with any other state or federal agencies if so deemed. Greenport Fire Department to be updated by applicant. Denis Noncarrow Southold Town Clerk RESULT: Adopted MOVER: Councilman Doroski SECONDER: Councilman Mealy AYES:- Councilman Mealy, Councilwoman Smith;Councilwoman Doherty, Justice Evans, Councilman Doroski, Supervisor Krupski, Jr. NAYES: None DENIS NONCARROW ��� ��%.�, Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR.OF VITAL STATISTICS 5 O � � Fax(631)765-6140 RECORDMANAGEMENT OFFICERMARRIAGE OFFICER 631 765-180Q � n FREEDOM OF INFORMATION OFFICER r OFFICE OF THE TOWN CLERK j U L 0 2025 TOWN OF SOUTHOLD APPLICATION PERMIT TO DISPLAY FIREWORKSLSou�thold T Omin Clerk r APPLICATION IS HEREBY MADE, pursuant to the provisions of Section 405.00 of the Penal Law of the State of New York, for a permit to display fireworks as hereinafter specified: DISPLAY IS TO BE SPONSORED BY Peconic Landing PRINCIPAL OFFICE AT 1500 Brecknock Rd_Greenport NY, 11944 DATE & TIME OF DISPLAY August 31, 2025 EXACT LOCATION OF DISPLAY 1 Brecknock Rd Greenport NY 11944 SUFFOLK COUNTY`FAX MAP NUMBER FOR SITE 1000-35-1-25 RAIN DATE &TIME September 1, 2025 The following persons are to be in charge of the actual shooting of the fireworks: Name Age Experience Physical Condition Andrew Campbell 26 8 years great (Additional names and information may be submitted on an attached sheet — Number and type of fireworks is as follows: see attached FRS Manner and place of storage of fireworks prior to display; will arrive day of Q Attached hereto and made a part of hereof is a diagram of the grounds on which the display is to be held. Also attached is a certificate or policy of insurance coverage. NOTICE: Written permission,with signature of the Property Owner, must be submitted with the Application. Starfire Corporation FEE: $100.'0'a Name of Organization By_ jeffs Ca PAtiti-.-,r Signature of Applicant 7/29/25 Date of Application DENIS NONCAR.ROW E�� '.� 'Ibwn Hall,53095 Main Road TOWN CLERK o :� P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS �°�a Fax(631)765-6145 MARRIAGE OFFICER Teleplione(631)765-1800 RECORDS.MANAGEMENI`OFFICER ��.� �� www.southo�dtownnygov FREEDOM OI'INFORMATION OFFICER OFFICE OF THE TOWN CLERK ; TOWN OF SOUTHOLD INSTRUCTIONS FOR DISPLAY OF FIREWORKS' 1. Name of body sponsoring fireworks display, 2. , The date and time of day at which the fireworks display is to be held. Display must be concluded by 10:00 p.m. if held Sunday through Thursday, 11:00 p.m. if held Friday or Saturday, and there shall be no time restriction if held on July 4. 3. The exact location planned for the fireworks display, including TAX MAP NUMBER. >4. The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks and a copy of a valid certificate of competency as a pyroteclinician for the individual supervising the firing of the display 5. The number and kind of fireworks to be discharged. G. The manner and place of storage of such fireworks prior to the display. 7. Detailed diagram showing location of fireworks discharge and minimum separation distances in accordance with the applicable requirements of Penal Law Section 40.5 (2). 8. Copy of the contract with fireworks display company. 8. Such other information as the Southold Town Clerk may deem necessary to protect persons and property. Written permission of the property owner is required. 9. Certificate of.fnsurance naming the Town of Southold as additional insured with coverage limits of $2,000,000,00 for public liability and $2,000,000.00 for property damage. 10. The Town Clerk of the Town of Southold must have the insurance policy in her possession before the fireworks permit is issued. "Pile named insured must read: TOWN OF SOUTHOLD. 11. Application for a fireworks,hermit must be made at least 30 days in advance of the date of the fireworks display. 12. All applications for a fireworks permit shall be subject to an application fee in an aniount of SiO0.0o, together with a processing fee in an amount to be determined bv the Town Board to cover the Town's costs for monitoring and enforcing compliance with the Penal Law. (The above instructions are in accordance with the Penal Law,Article 405-Licensing and other provisions relating to fireworks.) RESOLUTION 2010-474 °¢ y ADOPTED DOC Ill: 6016 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2010-474 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON ,TUNE 29,2010: RESOLVED that the Town Board of the Town of Southold hereby Adopts the fonowint POLICY regarding the issuance of fireworks permits: 1. The Town may grant a permit for the display of fireworks by municipalities, fair associations, amusement parks,persons or organizations of individuals. Penal Law Section 405.00(2). 2. An "organization of individuals" is a religious,civic,or comparable organization. Op. Atty. Gen No. 2007-3. 3. Fireworks permits shall indicate that the display must be concluded by 10:00 p.m. if held Sunday-Thursday, 11:00 p.m. if held Friday or Saturday, and there shall be no time restriction if held on July 4. 4. No person shall engage in or allow the manufacture, assembly,storage or display of any fireworks or pyrotechnics display without first obtaining a permit issued by the Town Clerk. A completed application for display of fireworks must be received by the Town Clerk a minimum of 30 days prior to the date of display. The pemiit application for any fireworks or pyrotechnics display shall be accompanied by the following: K (a) a copy of a valid certificate of competency as a pyrotechnician for the individual supervising the firing of the display; (b) Certificate of Insurance naming the Town of Southold as additional insured with coverage limits of$2,000,000 for public liability and$2,000,000 for property damage; (c) Detailed diagram showing location of fireworks discharge and minunum separation distances in accordance with the applicable requirements of Penal Law Section 405(2); (d) A copy of the contract with fireworks display company; and (e) All applications shall require the approval of the Fire Chief of the District in which the display will take place and the Fire Marshal before being presented for approval by the Town Board. Resolution 2010-474 Board Meeting of rune 29,2010 S. All applications for a fireworks permit shall be subject to an application fee in an amount of$100.00,together with a processing fee in an amount to be determined by the Town Board to cover the Town's costs for monitoring and enforcing compliance with the Penal Law. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER:Vincent Orlando,Councilman AWES: Ruland,Orlando,Talbot,Krupski Jr.,Russell ABSENT; Louisa P. Evans l 1 Updated: 6/30/2010 10:43 AM by Lynda Rudder Page 2 �F c rLANDI�NG ., 3041, 164, BRE;C1S -0CK'R s GRE��PGR-T, Nf \\. 0� )YA. CLQ� Q: ;- 'E \` ��`� D� SP +►Gl( CORPORATION L A l Facility Shell and Rack Breakdown for Peconic Landing 2025 Event State: NY Event Date: Aug 31,2025 08:15 PM Rain Date: Sep 1,2025 08:15 PM Program Length: 8 Shell Total: 390 Rack Total: 40 Fire Type: Electric Opening and Closing Shell and Rack Detail: helt Type of Shel(s OpennglGlosin Breakou Racks 2 Inch 2.5 Inch 150 20/130 15 3 Inch 0 4 Inch 0 5 Inch 0 6 Inch 0 2 inch Starblaster 2.5 Inch S-Cake 3 Inch S-Cake Body Detail: 7nch 0 96 10 144 15 4Inch 0 5 Inch 0 6 Inch 0 8 Inch 0 10 Inch 12 Inch 2.5 Inch S-Cake 3 Inch S-Cake 3 Inch S T C Body 4 Inch S T C Body Cakes 4 Squibs 250 1.4g Pyro Devices 1.4g Cakes � f .-i.YSTARFIRE -, CORPORATION 566 Theatre Rd,PO pox 170,sl,penedlet,PA 16773/814-344-92001600-8064486/ww%v.starfirecorporationl.com S f FIREWORKS DISPLAY CONTRACT Customer Peconic Landing j Display Date/Time: August 31,2026 RD 9/1/25 8:16PM Display Site: 1 Brecknock Rd ,✓ Company Contract No.:, 2026.60 i OFC C POINTS ONTA T ! COMPANY CONTACTS CONTRACT: Jessica Painter i . i Phone: 814.344.9200 ; Email: jessicap@starflrecorporation.com FINANCIAL/ACCOUNTING: Katy Peters Phone: 814.344.9200 ; Email: katy@starfirecorporation.com DESIGNATED,AGENT(Seca Sectirnt 3 bolow): Phone: ; Email: CUSTOMER CONTACTS f CONTRACT: b"tf;i w, K Gtc_4 i' k1A l i Phone:01- tf 1-7-':3�`00 : Email: clrt7-di'm0 (ld. t.e}ter 4wr. of, BILLING/INVOICE: 3 Phone: ; Email: i DESIGNATED AGENT(Sea Sectinn 4(13)hPlow): zsok ew Phone: ; Email: i This Contract made by and between,Startire Corporation,whose address is 566 Theatre Rd.,St, l Benedict, PA(hereinafter"Company");and Peconic Landing whose address Is 1600 Brecknock Rd Greenport NY, 11944 (hereinafter"Customer")(collectively the"parties"and individually each a"Party")is made effective as of March 5 ,2025, ("Effective Date") Pimc initial rach page A Page i nr8 WHEREAS Company designs, produces,and conducts fireworks displays;and WHEREAS Customer wishes to engage Company for the design, production, and performance of a fireworks display on the terms and conditions,set forth herein. NOW,THEREFORE,in consideration of the terms,conditions, and covenants set forth herein,the Parties hereby mutually agree as follows,each intending to be legally bound: 1. Fireworks Display: A. On the Display Date at the Display Site, Company shall provide fireworks and related equipment referred to as the"Display:" B. Start and Stop Times:The start times are best estimates depending upon location and other seasonable variables. Start and stop time may also be determined by-the governmental authorities having Jurisdiction over the Display.The Company Pyrotechnician in Charge has the authority to delay or may at any time temporarily discontinue the discharge of fireworks for any reason. C. Company shall designate a pyrotechniclan to be its"Pyrotechnician in Charge"who is trained to present the Display. r i i_e -D. Alternate Display Date/Time:The Parties may mutually agree to an alternate date and time for the Display to be performed.Said alternate date and time shall be confirmed In writing upon mutual agreement(if agreed).The Alternate Display Date/Time shall not be "Late t's more than six(6)months after the original Display Date/Time. E. Contingency: Notwithstanding anything herein to the contrary,performance of this Contract by Company is contingent upon the receipt of all applicable permits required in ` ,/_ • .tt ?�, order for Company to perform the Display at the Display Site on the Display Date. In the event any permits are not received despite the commercially reasonable efforts of Company and/or Customer,as applicable,Company shall return any payments made by Customer to Company less any costs/fees incurred in seeking said permits,such as a filing fee or permit fee submitted as part of a permit application. 2. Costs and Payments: Display Price $ t4C A. Payment Due upon Invoice after Contract Signing("Downpayment") $ B. Payment Due at 30 Days Prior to Display Date $- ss�t4C "Notwithstanding the above, Company reserves the right to require payment in full at time of contract execution, 3. PostponementlRescheduling: Any request made by Customer for rescheduling/canceling shall be directed to the Company Designated Agent(as set forth above)by emailing " ibtaif r i; t 1 AND by calling 000-fi06.440G, A. if the Display is postponed/rescheduled by the Company(i)by reason of inclement weather, (2)determination by the governmental authority having Jurisdiction, (3)as the result of any unsafe condition in the sole discretion of Company,or(4)for any other reason beyond the control of Company, the Display shall be re-scheduled to the Alternate Display Date/Time,If mutually agreed as set forth In Section 1(D)above, if no Alternate Display DatefT'Ime is agreed upon by the parties in good faith or said Alternate Display Date/Time Is also cancelled,Company shall refund to.Customer all amounts previously paid by Customer to Company less any costs/fees Incurred by Company to perform ilia Display on the original Display Date and any postponementirescheduling fee otherwise earned(as set forth In Section 3(B)below). B. Postponement/Rescheduling Fee:In the event a postponement/rescheduling Is deemed necessary by Company or Customer,a postponement/rescheduling fee will be calculated Please initial in, pgo. age 2 of 8 based on the table below.Postponement/rescheduling fees shall be Invoiced separately and shall be due and payable whether or not an Alternate Display Date/Time has been agreed upon or an Alternate Display has been or will be performed. %Of Description Fireworks Additional Costs Display Price If notified about postponement/ 10% F rescheduling:Before 12:01 AM(EST) on Display Date If notified about postponement/ 16% Any 3r4 Party expenses incurred rescheduling:After 12:01 AM(EST)on shall be added to the Display Date postponement/rescheduling fee f If notified about postponement/ 20% rescheduling:Once Company arrives on site to perform Display C. Except as explicitly set forth in this Contract,the parties understand and agree that Company shall have no obligation to reschedule a Display, 4. Customer Responsibilities: A. Customer is responsible for the payment of all governmental fees and taxes, Including,but not limited to,sales,use,excise,license,permit,entertainment,or other fees, taxes or surcharges Imposed or otherwise applied to the Display.Customer Is responsible for any additional marine costs and corresponding costs and fees;city escort fees;County/StateIPDIFD/FM fees;local, town,or municipal fees,and any related costs or fees. Customer shall also be responsible for all costs associated with its Security and Safety obligations set forth In Article 6. E B, Customer's Designated Agent:Customer shall designate a Customer's Agent ("Agent")to whom all questions and inquiries shall be relayed. The name and contact information for Customer's Agent shall be set forth on page 1 of this Contract. Agent shall be the only individual authorized to make decisions on behalf of Customer or to request rescheduling of the Display. Agent, shall,be the point of contact on the day of the Display as needed by-Company.Company shall have the right to rely upon and act In accordance with the directions and decisions made by Agent. i i Furthermore,Customer shall Indemnify,defend,and hold Company harmless for any reasonable actions or inactions taken at the direction of Agent. C. Permits:Select ONE option below by initialing: 1. Customer shalt contact any State,City, County,Town, Borough,or Village Fire Marshal or other appropriate authority to file for and obtain all necessary Display permits. Upon receipt of any permit,Customer must send the permit to Company no later than 30 days prior to the Display Date,which failure to do so is grounds for default. (Initials) ii. Company and Customer shall cooperate and work together to obtain all necessary Display permits from any State, City, County,Town,Borough,or Village Fire Marshall or other appropriate authority.Company will prepare the paperwork for the permit applications) on Customer's behalf. (Initials) \! f D. Security and Safety Obligations as set forth more fully in Article 6.Customer shall adhere to all Fire Marshal's requirements for security of firework display trucks upon arrival, and the 1 . f ('�CdSC IOIIIA)CBfI)�,1gs Peg¢3 ora i security of thy Fire Safety Zone(as defined below)before,during,and after the Display.Any fees associated with Security(as defined below)are the sole responsibility of the Customer. E. Additional Costs:Company reserves the right to invoice Customer after the Display Date for an equitable transportation surcharge in the event of any material increase In transportation costs(including the cost of fuel and third-party shipping costs)and additional fees charged to or advance&by Company. F. fester Display:Following the Display. Customer shall be responsible for cleaning and policing of the Display Site and surrounding area. Customer shall provide trash removal of cardboard boxes,broken lumber,etc. Company is responsible for cleanup of Its immediate work area only. 5. Company Responsibilities: A. Company will use commercially reasonable efforts to meet local and state requirements for a fireworks license for transportation and/or presentation of the Display. B. Company agrees to notify the Federal Aviation Administration("FAA")of the Display Date, according to the Instructions In the FAA letter of Approval,which will be forwarded to Customer prior to the Display Date finless directed otherwise. C. Company will use commercially reasonable efforts to acquire any Coast Guard permits where necessary and required(i.e.,the Display is to occur on or near water). D. To the extent necessary for the performance of the Display, Company will arrange for the rental of barges and tugboats. E. USE WHEN COMPANY PAYS PERMITTING FEES: Notwithstanding anything herein to the contrary,Company shall be responsible,at its sole cost,for paying the cost of all permitting fees required for the presentation of the Display at the Display Site. 6. Security and Safety: A. Customer shall provide and maintain sufficient Security before,during and after the Display until the Pyrotechnician in Charge declares the area clear. "Security"shall Include, but not be limited to,all security lines, police protection, snow fencing,rope lines,barricades or any other item deemed necessary by the local government or by Company in its reasonable discretion. Security must be provided for the Display trucks,and to maintain a Fire Safety Zone(as defined below)at the staging area from the arrival of the trucks to the departure of the trucks,which may Include the day prior to or following the Display Date, B. Customer shall also provide and maintain an area clear of any temporary structures, cars and spectators with a minimum radius as'specified by the current edition of NFPA Code 1123,as a Fire Safety Zone("FSZ")during the entire period commencing from the time the fireworks are delivered to the Display Site until the area is declared clear by the Pyrotechnician in Charge. The Parties agree that Company will cease all fireworks discharge due to any security breach of the FSZ. Company shall not be responsible for personal injury,or property damage occurring within the FSZ because of the Customer's failure to maintain the FSZ in accordance with the standards of current edition of NFPA 1123,which are only minimum standards of distances. 1 Customer acknowledges and agrees that Company's responsibilities are limited to the Display and that Company is relying on Customer to maintain the FSZ and to comply with all Federal, State, municipal and local laws,orders,regulations,and ordinances pertaining to the implementation of any and all security measures at the Display Site. C. Site Inspections:Any site inspections by or on behalf of Customer shall be in accordance with the current edition of NFPA 1123 and under the direct supervision of the Pyrotechnician in Charge. Inspections shall not in any way interfere with the safety, setup,or schedule of the preparation for and disassembly after the Display.The Pyrotechnician in Charge may, Please initial anti page gc 4 of8 in his/her sole discretion,cancel any inspection that,in his/her opinion,may compromise the safety of the setup,the Display,or the setup schedule. The Pyrotechnician in Charge may at any time temporarily discontinue the discharge of fireworks for any reason.Any adverse changes to the site between the site Inspection(s)and the Display Date shall permit Company to terminate this Contract in Company's sole but reasonable discretion. 7. Force MaIgure: Company shall be excused for the period of delay In the performance of any of its obligations hereunder and shall not be liable for failure to perform or considered in default hereunder,when prevented from so performing due to causes beyond Its reasonable control including without limitation legal or regulatory restrictions, labor disputes of whatever nature, power loss; telecommunications failure,act of God,pandemics,or any other similar causes beyond its reasonable control. 8. Publicity: Customer shall give Company program credit as the sole fireworks supplier and producer in all press releases, marketing literature, online advertising, or any other program announcements, printed or otherwise.Customer hereby grants Company permission to utilize pictures,videos,and other media from the Display on Company's website and its marketing materials. S. Government Regulations: This Contract and Company's obligations hereunder are subject to all applicable Federal,State, Municipal and local laws,rules,ordinances,regulations,and codes, now or hereinafter in effect,and to the conditions and limitations contained in the permits required to be obtained by Customer prior to the Display. In the event any Federal,State,municipal or local law, rule, regulation or ordinance shall be enacted which in any way prohibits,limits or restricts the sale, performance or operation of the Display or in the event Customer's permit in any way limits or restricts the sale,performance or operation of the Display, Company shall limit,or restrict its performance or the Display so as to comply with such law, rule,regulation or ordinance or limitation or restriction of Customer permit.Customer acknowledges that any such limit or restriction placed on the performance or operation of the Display shall in no way result in or entitle Customer to a reduction of,or abatement in,the Display Price. 10. Late Fees: In the event'Customer shall fail to pay any sum when due under the terms of this Contract,Customer shall pay,in addition to such amount due,Interest'at the rate of 1.5%per month on the unpaid amount from the original due date. Customer shall also pay Company reasonable attorney fees and other costs in the event Company shall commence any proceeding or incur fees to i compel Customer to pay any sums due hereunder or otherwise because of Customer's default of any of the terms and provisions herein contained. 11. Liquidated Damages: In the event Customer cancels the Display and does not reschedule per the Contract or otherwise defaults hereunder,Company shall be entitled to receive the entire Display Price and same shall be considered"liquidated damages"If Company so elects based upon an understanding between the Parties hereto that Company shall have suffered damages due to Customer's default.The damages suffered by Company because of Customer's default will be substantial,but Incapable of determination with precision. It Is, therefore,agreed by the Parties that the amount due Company is not a penalty,but rather a mutually beneficial and reasonable estimate _ of the damages suffered by Company. 12.Substitutions: Company shall have the right,at its discretion,to make minor modifications or substitute any fireworks it deems necessary provided same does not materially detract from the E aesthetic value or overall quality of the Display.This includes,but Is not limited to,shell sizes, ! quantities,types,and brand names. Any substitutions shall In no way result in or entitle Customer to j a reduction or abatement of the full Display Price. 13. Governing Law and Dispute Resolution:This Contract shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania,excluding Its conflict of law rules. All disputes,differences,or any other type of controversy arising out,of or in relation to this Contract, Including as to the meaning or interpretation of any provision hereof,shall be resolved by arbitration In Cambria County,PA,pursuant to the current commercial rules of the American Arbitration Plaue initial mch page nge s of s I Association.Only one(1)arbitrator shall be required,and the arbitrator may award attorneys'fees. The award of the arbitrator shalt be final and binding,and judgment may be entered thereon in any court of competent jurisdiction.The arbitrator sitting in such controversy shall have no power to alter or modify any express provision of this Contract, nor to make any award which by its terms effects any:such alteration or modification. Either Party may seek from the court of competent jurisdiction any provisional remedy in aid of arbitration, including,but not limited to, Injunction,attachment,or replevin,pending the determination of any claim or controversy in arbitration. *A. Binding Effect: This Contract shall not be binding on Company until(1)executed by Company and(2)Company is in receipt of the Downpayment required hereunder. 15. Bankruptcy: if Customer becomes bankrupt or insolvent,or if a petition in bankruptcy is filed by or against Customer or if a receiver is appointed for Customer, Company may refuse to perform under this Contract and may terminate this Contract without prejudice to the rights of Customer. If Customer has a material change In financial status as reasonably determined by Company, then Company may require Customer to deposit the balance of the Display Price in escrow or provide sufficient proof of Its ability to pay the balance of the Display Price. '16. Signatures:This Contract may be executed by each of the Parties on separate counterparts, each of which,when so executed,shall be deemed an original, but all of which shall constitute but one and the same instrument. Execution and delivery of a counterpart of this Contract(1)by portable document format("PDF")copy bearing the PDF signature of a duly authorized officer of either Party hereto,whether delivered by facsimile,e-mail,or physical delivery service("PDF Signature"),or(11) by electronic signature of a duly authorized officer of any Party hereto,pursuant to electronic signature procedures Company may establish from time to time,including but not limited to, DocuSign or an equivalent service("Electronic Signature"),shall be equally as effective as delivery of a manually executed counterpart of this Contract and shall constitute a valid and binding execution and delivery of this Contract by such Party. The Parties agree that(a)each PDF Signature and/or Electronic Signature of such party will be enforceable to the same extent as a manual signature, whether in court or otherwise and(b)such party will not raise any defenses or regulatory or statutory claims attempting to invalidate the enforceability of its PDF Signature.or Electronic;Signature. 17. Limitation of Liability: IN NO EVENT SHALL COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS CONTRACT,WHETHER BASED IN CONTRACT, PORT(INCLUDING NEGLIGENCE)OR OTHERWISE, EXCEED THE DISPLAY PRICE PAID TO COMPANY BY CUSTOMER. IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF REVENUE OR PROFIT OR FOR ANY CONSEQUENTIAL, INDIRECT,INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT,TORT(INCLUDING NEGLIGENCE)OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY HAS BEEN ADViSED OF THE POSSIBILITY OF SUCH DAMAGES No action may be brought for any alleged breach of contract more than one(1)year after the Display Date, 18. Insurance and Indemnity: Company agrees to procure general liability insurance. Any additional Insurance that is required that incurs a cost,will be Customer's responsibility. Customer shall indemnify and hold Company harmless for all claims,actions,and suits made against Company for personal Injury or property damage arising from or relating to the failure of Customer,or its agents, employees,or contractors to adhere to or perform its obligations under this Contract. Customer shall list below the additional Insured,as they should appear on the insurance certificate. All individuals/entities listed on the certificate will be deemed an additional insured per this contract. lot.i)Aiz, agt toe k. ,t:y tic �`la.. �i a.t t: b i7i(+ Ji+r_� ► '.!r rx-) f1 l_s`d Yl�l �at'c.�°=ti� C-c�•rr � � ,�, rrviG .i ht� ltsr, to ca_t , t ..E��. . t'icaw initial Imrh ppgeY4-Lr,,f8 19. General Provisions: A. This Contract and addendums constitute the entire Contract between the Parties relating to the subject matter hereof,and may not be changed,modified,renewed,or extended except by a written Contract signed by both Parties. Customer acknowledges and agrees that Company has not made any representations or warranties except those specifically set forth in this Contract. Should any clause,section,or part of this Contract be held or declared to be void or illegal for any reason,all other clauses,sections,or parts of this Contract which can be affected without such illegal clause, section,or part shall nevertheless continue in full force and effect. All headings used herein are for reference and convenience only and shall not alter the Interpretation thereof. Company and Customer each represents and warrants to the other that the individual signing below on behalf of such entity has the right,power,and authority to execute this Contract. B. It is specifically understood that Company shall not be responsible in any way if any third- party service with which Company has contracted for service fails to perform and the Display cannot proceed as planned. C. This Contract,and the rights and obligations of the Parties hereunder,shall be binding and inure to the benefit of their respective successors,assigns,heirs,executors,administrators,and legal representatives. Company may assign any or all its rights and obligations under this Contract or subcontract or delegate any or all Its obligations hereunder. Customer may not assign any of its rights and obligations under this Contract without the prior written consent of Company. i [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) • 1 • i . i . i Pleue initial each page 7 orb The authorized representatives of Parties hereby agree to the terms and conditions of this Contract as of the Effective Date, CUSTOMER: ,, Printed Name: ko bo r•1 :f.. `~;: f-c 0 Authorized Representative Title: � r:(_o C' Signature: ' Date: COMPANY: STARFIRE CORPORATION Printed Name: Audrey Jean Terrizzi Authorized Representative Title: i President Signature: 6-1 4q Date: ' 20 i i ]lmo initial each lmgc 11ge8 orb J.S.Department of Justice Federal Explosives License/Permit 311reatt ofAlcohol,Tobacco,Firearms and Explosives (I8 U.S.C. Chapter 40) ilrinmamivnuniaenull►rsruuaar+tll n accordance with the provisions of Title XI,Organized Crime Control Act of 1970,and the regulations issued thereunder(27 CFR Part 555),you may engage in lie activity specified in this license or pennitwithiit•the liitlitatious of Chapter40,Title.X ,United States Code and the regulations issued thereunder,until the xpirn�,^it date shown, THIS LICENSE IS NOT TRANSFERABLE.IftER 27• See"yJARNINGS"and"NOTICES"an reverse. )ire( iF ATF-Chief,FELC !' `` ''� LjcenseJP'elrnit lorrespondence To 244Necd Road 1 Y ' I�iiii:lbe , A { Martinsburg,WV 25405-94�li "1' :hiefFederalExplosivesLieensnigCeirte (MLg)) Expirattort e ( l Date Mav 1, 2027 STARFIRE CORPORATION r Premises Address(Clianges?Notify UiaFELc at least 2U days before thainove.) : ' 566 THEATRE ROAD SAINT BENEDICT, PA 15773= ype of License orPennit 24-IMPORTER OF EXPLOSIVES;: Purchasing Certification b`tatemeni MailingAddrdss(Changes?Notify thcIELC of any changes,) lie licensee orpeoniftee named above sliallusr3 a co%py ofilvs license orpermittp assist a ansferor of explosives to verify the identity and the licensed stntiis of the licensez or. -nnittee as provided by 27 CFR Part 555. The si ahire on eadi co mtrstbe an oil ' al STARFIRE CORPORATION mature. Afaxed,scanned or e-mailed copy of the license orpemutivith a sigpature tended to be an original signature is acceptable. The,sigiat4irennist bethat ofthe Federal PO BOX I V9 - splosives Licensee(FEL)ora responsible person ofthe FEL. 1 cectify'Ifiatihis isatrue SAINT BENEDICT; PA 15773- Tyofalicenseorpermitissiiedtothelicemeeorpmnifteenaanedabove16'epgagai?the 0 rss or operation�specifse�veunder"Type of License orPeninit," ieensee/Per�nitfd'e Responsible Pe son Signature PdsitioulT$le J ,�Ir�� .� �,� r rz� 4012�2y i Printed W-m-ne �- Federal Explosives License/Permit S.Department of Justice ireau of Alcohol,Tobacco,Firearms and Explosives (I8 U.S.C. Chapter 40) aunuuimainuoanta�nanramliitararrl accordance with the provisions of Title M,Organized Crime Control Act of 1970,and tine regulations issued thereunder(27 CFR Part 555),you may engage in e activity specified in this license or permit within the limitations of Chapter 40,Title.l.8,United States Code and the regulations issued thereunder,until the piration date shown. THIS LICENSE IS NOT TRANSFERABLE VN&R 27 CFR 555.53. See"WARNINGS"and'NOTICES"on reverse. irectATF ATT-Chief,FELC ••' ,` ; License/Pennit )rrespondence To 244 Needy Road ' " Ntiiiiber'.::: ;:.:``` 8-PA-021-50-7E-02627 Marthisburg,W V 25405-943I r. : = hi Federal Explosives Liceinsing Cente (FELL} - _.. `:; `?,`,` ," '` Expiration' i Date May 1, 2027 STARFIRE CORPORATION :"F•: ;.. :" Premises Address(Changes? Not" tlie'FELC af![east lO da s before tiieuove. 566 THEATRE ROAD SAINT BENEDICT PA 15 .73r 7 ape of License or Permit 50-MANUFACTURER OF EXP,i OSi.C%E S �� i r. - Purchasing Certificati6riS_to e>nnent ,_s:, Mailing Address(Changes?;tNotify the FELL of any changes.) ie licensee er ennittee named above shall usb a copyof this licerise`ot';eeiitit to assist a ;'j..:`:`< ,msfern-of explosives to verify the identity and the licensed snafus oftlie licensee qcw. ?r�,'•;;:: r j.; ? unit }provided by 27 CFR Part 555. Tlie siaiature oit each'cooyinust ile air original STARFIRE CORPORATION am hii�.=r faxed,scaimed or e-mailed copy of the license'or penili(W, a sigiatura " tendedto.ba an original signature is acceptable. TlietsigiatiresU.etliet ofthe Federal' PO 130X 179 :.l:;' ,. r . tplosrves Licensee(FEL)or a responsible person of the FEL:-:: c04*11 ad-this is a flue S.AI.NT BENS D-CT, PA 15773- py of a license or permit issued to ilia licensee or pennittee nadied,above isiness or operations specified aboveunder"Type of License or Pemjt"- = ; ';' <4: S•`:"`.v"zs:_: 'v`''.;::' .+ - . nnnDnei�n..vii+nnRPCMRC1itIP NP.}CAII CinnAtltt¢ PnsitinnfTitle Noncarrow, Denis To: fireworks Permit Cc: Sabrina Born (sabrina.born@town.southold.ny.us); Mudd,Jennifer Subject: Firworks permit Attachments: PL fireworks_20250730135623.pdf Please see application for Fireworks at Peconic Landing. Denis Noncarrow Southold Town Clerk. Town of Southold, New York www.southoldtownny.gov denisn@southoldtownny.gov 631-765-1800 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. . 1 Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/30/25 Receipt#: 343573 Quantity Transactions Reference Subtotal 1 Fireworks 8.31.2025 $100.00 Total Paid: $100.00 Notes: Payment Type Amount Paid By CK#6306 $100.00 Peconic Landing at Southold Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Peconic Landing at Southold 1500 Brecknock Rd Greenport, NY 11944 Clerk ID: DENISN Internal ID:8.31.2025 Noncarrow, Denis From: Grattan, Steven Sent: Wednesday,July 30, 2025 3:59 PM To: Noncarrow, Denis Subject: RE: Firworks permit Ok thanks. No objections From: Noncarrow, Denis<denisn@southoldtownny.gov> Sent:Wednesday,July 30, 2025 2:00 PM To: Grattan,Steven <sgrattan@southoldtownny.gov> Subject: RE: Firworks permit 8:15pm. its buried in there . not easy to find Denis Noncarrow Southold Town Clerk. Town of Southold, New York www.southoldtownny.pov denisn@southoldtownny.gov 631-765-1800 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Grattan,Steven Sent:Wednesday,July 30, 2025 1:57 PM To: Noncarrow, Denis<denisn@southoldtownny.gov> Subject: RE: Firworks permit Hi Denis, I don't see a time of display listed on the application. From: Noncarrow, Denis<denisn@southoldtownny.gov> Sent:Wednesday,July 30, 2025 1:48 PM To: Corwin, Robert<robertc@southoldtownny.gov>; McCullough, Lillian <lillianm@southoldtownny.gov>; DeChance, Paul<pauld southoldtownnv.gov>; Grattan, Steven<sgrattan@southoldtownnv.gov>;Verity, Mike <Mike.Verity@town.southold.nv.us> Cc: Born, Sabrina <sabrina.born@town.southold.ny.us>; Mudd,Jennifer<lennifer.mudd@town.southold.nv.us> Subject: Firworks permit Please see application for Fireworks at Peconic Landing. Denis Noncarrow Southold Town Clerk. Town of Southold, New York www.southoldtownny.pov � 1 Noncarrow, Denis From: Corwin, Robert Sent: Monday,August 4, 2025 2:44 PM To: Noncarrow, Denis Subject: Re: HI Bob PL is good to go. I forgot about the meeting tomorrow. Don't want to hold it up Robert Corwin Southold Town Fire Marshal 631-765-1802 Cell: 934-231-0968 On Aug 4,2025 09:07, "Noncarrow; Denis" <denisn@southoldtownny.gov>wrote: Just checking in.on that one Peconic Landing Fireworks permit. Thank you Denis Noncarrow Southold Town Clerk. Town of Southold, New York www.southoldtownny.gov denisn@southoldtownny.gov 631-765-1800 CONFIDENTIALITY NOTICE: This communication with its contents may contain'confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review,use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. 1 - DENIS NONCARROW C� G.y� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 5 .� Fax(631)765-6145 MARRIAGE OFFICER y RECORDS MANAGEMENT OFFICER ��,( .�� Telephone oldt nny.go0 FREEDOM OF INFORMATION OFFICER www.southoldtownnygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD PERMIT for PUBLIC DISPLAY OF FIREWORKS I, Denis Noncarrow, Town Clerk of the Town of Southold, Suffolk County, New York, being an officer duly designated by the Town Board of the Town of Southold for this purpose, do hereby GRANT TO: PECONIC LANDING A PERMIT FOR THE PUBLIC DISPLAY OF FIREWORKS by said organization in accordance with the provisions of Section 405.00 of the Penal Law of the State of New York, on Sunday, August 31", 2025, with a rain date of Monday, September lch 2025at 8 :15pm. Exact Location is 1 Brecknock Road, Greenport New York as per application,time and place set forth in the application therefore, ON CONDITION THAT the bond (indemnity insurance) required shall continue in full force and effect in favor of the Town of Southold, and PROVIDED that the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest building, public highway or railroad, or other means of travel, and at least fifty feet from the nearest above ground telephone or telegraph line, trees or other overhead obstruction; that the audience at such a display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines; that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby as possible in a vertical direction, unless such fireworks are to be fired from the shore or a lake or other large body of water, then they may be directed in such a manner that the falling residue from the deflagration will fall into such lake, or body of water; that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining; that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour; that all persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda-acid or other approved type fire extinguishers of at least two and one-half gallons capacity each shall be kept at such defy se 6rated points as possible within the actual area of the display. Denis Noncarrow, Town Clerk Town of Southold Suffolk County,New York (TOWN SEAL) Date: August 20,2025 THIS PERMIT IS NOT TRANSFERABLE