lightbox-ny llc · -2- 4. shooting areas: studio a & studio b 5. price for license: the...

5
-1- LIGHTBOX-NY LLC 841 Barretto Street, Bronx, NY 10474 Phone: (718) 759-6419 Fax: (718) 732-2144 LOCATION AGREEMENT Between Lightbox-NY LLC (Licensor) and Woodridge Productions, Inc. (Licensee) Dated as of December 5, 2013 This license agreement (the "Agreement"), when signed by the parties, constitutes a limited license agreement granting certain permission to the Licensee to utilize the property described in clause 2 (hereinafter the “Premises”) subject however to the following terms and conditions which create and govern this Agreement: 1. LICENSEE (Client): The Licensee's lawful name, address and telephone number and the individual(s) authorized to act on behalf of the Licensee are as follows: Name (Company or Individual): Woodridge Productions, Inc. Address: Chelsea Piers, Pier 62, Suite 305, New York, NY 10011 Telephone Number: (646) 561-0490 Project: “The Blacklist” - TV Series Director: Vince Misiano Producer: Gerrit Van Der Meer Authorized Individual: Matthew Bernstein, Assistant Location Manager 2. LICENSOR (Homeowner “Premises”): Name : ____________ Lightbox-NY LLC___________________ Address: 841 Barretto Street, 3rd Floor__________ Bronx, NY 10474 Authorized Individuals: Laurel Greenman, David Appelson Telephone Numbers: Laurel Greenman (718) 759-6419 (Office) OR (323) 828-8815 (Cell) David Appelson (917) 841-4470 FOR EMERGENCIES ONLY l 3. RENTAL PERIOD: Prep: December 9, 2013, Shoot: December 10, 2013 CALL TIME: 7:00 AM (TBD) ___ HOURS: 12 Hours Per Day STUDIO RENTAL FEES: $13,000.00 (Prep Day: $4,000/Studio A, $2,000/Studio B; Shoot Day: $4,500/Studio A, $2,500/Studio B) ELECTRICAL FEES: $700.00 ($350.00 Per Day) OVERTIME: Prep Day: $750.00 Per Hour, Shoot Day: $875.00 Per Hour TOTAL FEES: $13,700.00

Upload: others

Post on 16-Jul-2020

5 views

Category:

Documents


1 download

TRANSCRIPT

Page 1: LIGHTBOX-NY LLC · -2- 4. SHOOTING AREAS: Studio A & Studio B 5. PRICE FOR LICENSE: The Licensee shall pay, for use of the premises, $13,700.00, payable by cash, credit card, or company

-1-

LIGHTBOX-NY LLC

841 Barretto Street, Bronx, NY 10474

Phone: (718) 759-6419

Fax: (718) 732-2144

LOCATION AGREEMENT

Between

Lightbox-NY LLC (“Licensor”)

and

Woodridge Productions, Inc. (“Licensee”)

Dated as of December 5, 2013

This license agreement (the "Agreement"), when signed by the parties, constitutes a limited license agreement granting certain

permission to the Licensee to utilize the property described in clause 2 (hereinafter the “Premises”) subject however to the following

terms and conditions which create and govern this Agreement:

1. LICENSEE (Client): The Licensee's lawful name, address and telephone number and the individual(s) authorized to act on

behalf of the Licensee are as follows:

Name (Company or Individual): Woodridge Productions, Inc.

Address: Chelsea Piers, Pier 62, Suite 305, New York, NY 10011

Telephone Number: (646) 561-0490

Project: “The Blacklist” - TV Series

Director: Vince Misiano

Producer: Gerrit Van Der Meer

Authorized Individual: Matthew Bernstein, Assistant Location Manager

2. LICENSOR (Homeowner “Premises”):

Name : ____________ Lightbox-NY LLC___________________

Address: 841 Barretto Street, 3rd Floor__________

Bronx, NY 10474

Authorized Individuals: Laurel Greenman, David Appelson

Telephone Numbers: Laurel Greenman (718) 759-6419 (Office) OR (323) 828-8815 (Cell)

David Appelson (917) 841-4470 FOR EMERGENCIES ONLY

l

3. RENTAL PERIOD: Prep: December 9, 2013, Shoot: December 10, 2013

CALL TIME: 7:00 AM (TBD) ___

HOURS: 12 Hours Per Day

STUDIO RENTAL FEES: $13,000.00 (Prep Day: $4,000/Studio A, $2,000/Studio B;

Shoot Day: $4,500/Studio A, $2,500/Studio B)

ELECTRICAL FEES: $700.00 ($350.00 Per Day)

OVERTIME: Prep Day: $750.00 Per Hour, Shoot Day: $875.00 Per Hour

TOTAL FEES: $13,700.00

Page 2: LIGHTBOX-NY LLC · -2- 4. SHOOTING AREAS: Studio A & Studio B 5. PRICE FOR LICENSE: The Licensee shall pay, for use of the premises, $13,700.00, payable by cash, credit card, or company

-2-

4. SHOOTING AREAS: Studio A & Studio B

5. PRICE FOR LICENSE: The Licensee shall pay, for use of the premises, $13,700.00, payable by cash, credit card, or company

check to LIGHTBOX-NY LLC at least ONE (1 ) business day prior to the commencement of the term of this agreement..

Payment must be delivered by the Licensee to: LIGHTBOX-NY LLC, 841 BARRETTO STREET, BOX #14, BRONX, NY

10474. If Licensee needs to extend filming beyond the 12-HOUR time period, and Licensor agrees, then the Licensee shall pay

an additional overtime rate of $750.00 per hour for the prep day and $875.00 per hour for the shoot day. Overtime will be

invoiced upon the termination of this Agreement and must be paid to Licensor by the end of next business day. Overtime is

charged in ONE (1) hour increments. THE CALL TIME AGREED UPON IS WHEN THE CLOCK BEGINS (EVEN IF NOT ON

PROPERTY YET) UNLESS NOTIFIED 24 HRS IN ADVANCE OF ANY CHANGES.

6. INSURANCE PROVIDED BY LICENSEE: Prior to the Licensee's utilization of the Premises and as a condition of the license

granted by this Agreement, the Licensee shall provide a prepaid general liability insurance policy naming the Licensor as insured

party so as to fully insure against all property damage, personal injury and general liability during the term of the Agreement and

the time that the Premises is utilized or occupied by anyone under this Agreement. A certificate of insurance, evidencing

insurance by a company duly licensed within the State of New York, shall be faxed to Licensor at least one (1) business day prior

to the commencement of the term of this Agreement and the original thereof shall be provided to the Licensor upon

commencement of the term of this Agreement. Failure to timely provide the aforesaid insurance shall preclude the use of the

Premises by the Licensee and all monies paid on account, including the security deposit, shall be forfeited as liquidate damages.

Certificate should read as follows:

CERTIFICATE HOLDER: LIGHTBOX-NY LLC, 841 BARRETTO STREET, BRONX, NY 10474

AND

ABN ASSOCIATES LLC; ABN MEZZ LLC, ABN OWNERS LLC;

TACONIC MANAGEMENT CO., LLC, TACONIC INVESTMENT PARTNERS LLC

111 EIGHTH AVENUE, SUITE 1500, NEW YORK, NY 10011

DESCRIPTION: ALL CERTIFICATE HOLDERS TO BE ADDITIONAL INSURED

Name Insured Includes Certificate Holder and all Mortgages & Lien Holders of

Certificate Holder are included as Additional Insured as per written contract or

agreement for General Liability & Excess (Umbrella) Liability, as respects use,

occupancy, work at tenancy of the property at: 1201-39 Lafayette Avenue, B/A 890

Garrison Avenue; B/A 801-41 Barretto Street, Bronx, NY 10474.

7. The Licensee is solely and exclusively responsible for any property it brings to the site and to insure the same. The Licensor shall

not be responsible for any loss or damage to Licensee's property regardless of the cause of such loss except if it is caused by the

gross negligence of the Licensor. The Licensor and the Licensee will thoroughly check the Premises for existing damage upon

arrival at location on the first shoot day and again at the end of shoot.

8. DESCRIPTION OF USE OF PREMISES PURSUANT TO LICENSE: The Licensee acknowledges that it intends to utilize the

Premises only for its visual and aesthetic characteristics for purposes of said event. The Licensor hereby grants to the

Licensee and any person authorized by the Licensee (and the Licensor warrants that it is entitled to grant to the Licensee) the

right during the rental period (as specified in clause 3 above) to film, photograph and record all or any part of the interior, the

exterior and the contents of the Premises and to bring onto the Premises such persons and equipment as the Licensee may

deem reasonably appropriate for the purpose of filming, photographing and recording. All rights in the films, photographs and

recordings made and/or taken by the Licensee at the Premises shall vest in the Licensee and the Licensee shall be entitled to

assign, license and/or exploit the same by all means and in all media as the Licensee may at its absolute discretion elect

except as provided below. The Licensee shall be entitled to refer to the Premises by a fictitious name or not to refer to the

Premises by name at all (but in no event shall the Licensee be entitled to use the true name or address of the Premises or the

name of the Licensor or any of its affiliates without the Licensor’s prior written consent). The Licensee shall have no obligation

to the Licensor to include any or all such films, photographs or recordings in any films or programs or to exploit the same in

any film or program in which the same are included.

9. INDEMNIFICATION & HOLD HARMLESS: The Licensee shall protect, indemnify, defend, pay on behalf of, save and hold

harmless the Licensor, all officers, directors, shareholders, any and all partners thereof, any and all related companies, and all

agents, employees, representatives, licensors and contractors (herein after called the “Indemnitees”) from and against all

liabilities, claims, demands, liens, fines, penalties, damages, losses, costs, expenses, and governmental charges or fines, or

other costs of every kind and nature, together with attorney’s fees, and whether based upon personal injury, death or property

damage. With respect to the foregoing, the Licensee shall not indemnify, protect, and hold the Indemnitees harmless from and

mshao
Callout
exclusively
mshao
Callout
worldwide in perpetuity
mshao
Callout
regarding name use.
mshao
Callout
reasonable
mshao
Line
mshao
Line
mshao
Callout
reasonable outside
mshao
Callout
arising from Licensee's activities hereunder.
therrera
Line
therrera
Line
therrera
Callout
additional
therrera
Line
therrera
Line
therrera
Line
therrera
Line
therrera
Line
therrera
Text Box
Licensee
Page 3: LIGHTBOX-NY LLC · -2- 4. SHOOTING AREAS: Studio A & Studio B 5. PRICE FOR LICENSE: The Licensee shall pay, for use of the premises, $13,700.00, payable by cash, credit card, or company

-3-

against any claim, demand, action, loss, cost, damage, or expense whatsoever (including, without limitation, reasonable

attorneys’ fees) arising out of or resulting from the gross negligence or wilful misconduct of the Indemnitees. This indemnity shall

survive the performance by the parties of their respective obligations hereunder. The Indemnitees shall not be liable to any party

for any loss, claim or damage occasioned by or through the acts or omissions of the Licensee or any person attending or

independently servicing the function.

10. INDIVIDUALS WHO WILL UTILIZE PREMISES: The number of persons who will utilize the premises subject to this Agreement

will not be greater than CREW: 80 (CLIENTS INCLUDED), TALENT: 40.

11. CANCELLATION POLICY: Once the Premises has been confirmed and “booked” there are no cancellations permitted. Once

payment has been received there are no refunds. (The Premises is considered “booked” upon verbal confirmation that the

Licensee will be shooting at the Premises on a designated date and the issuance of an invoice by Licensor.)

12. RULES AND REGULATIONS: This Agreement is subject to, the terms and conditions of, and Licensee agrees to abide and be

bound by, the Rules and Regulations of Use below.

a. Please document any damage to the location PRIOR to the shoot, which must be immediately reported to Licensor

by the Licensee. Any damages not reported prior to the shoot will be considered the responsibility of the Licensee.

Premises must be returned to the condition that it was in prior to the commencement of this Agreement.

b At the end of each day, food and drinks must be cleaned up, discarded, trash collected and removed, and

the Premises swept. If these items above are not taken care of in a reasonable manner, Licensor has the

right to charge an additional cleaning fee of $200.00.

c. There is to be NO SMOKING on or in the Premises at any time unless authorized by Licensor.

d. Licensor will not disturb or materially interfere with any filming or still shooting in a manner which causes discomfort

or embarrassment between the Licensee and their clients. Licensor may advise Licensee of any failure to comply

with these Rules and Regulations of Use and is obligated to contact Licensee accordingly.

e. Wireless internet is available.

. f. Cellular phones are required on location.

g. ELECTRICAL POWER: Electrical specifications will be provided. Licensee shall be responsible for fees of

$350.00 per day.

h. BATHROOMS: Bathrooms on premises

i. SCOUTING: Licensor will not be responsible in the event Licensee elects not to scout, and the Premises are not to

their expectation. There will be no refunds as a result of Licensees failure to scout. We highly recommend scouting

at all times.

j. EQUIPMENT TO BE UTILIZED AT THE PREMISES: Standard camera package and lighting package k. All questions, details, complaints and other issues must be communicated to Licensor, which will discuss the same

with Licensee as appropriate.

l. CATERING: 8 tables and 36 chairs are available in the space.

m. SECURITY: If overnight security is needed (after 6:00 pm and before 8:00 am), fees are $200.00 per night.

n. No additional video or film shoots allowed unless approved in advance.

13. COMPLIANCE WITH ALL APPLICABLE LAWS: The Licensee represents that it will comply with all applicable laws and obtain

all necessary permits required to carry out its use of the Premises.

14. REPRESENTATION AS TO USE: The Licensee represents that it is capable of performing this Agreement and is authorized to

execute the same, has the experience and ability to carry out its obligations hereunder, and is familiar with the intended use of the

Premises and that such use can be carried out safely, subject to the terms of this Agreement.

15. APPLICABLE LAW: This Agreement shall be governed by the laws of the State of New York.

mshao
Callout
liabilities, liens, charges, fines, penalties,
mshao
Line
mshao
Callout
, unless arising or resulting from the negligence or willful misconduct of any of the Indemnitees.
mshao
Callout
, reasonable wear and tear excepted.
mshao
Callout
Licensee's
mshao
Callout
and grant Licensee a reasonable opportunity to cure any alleged violation.
Page 4: LIGHTBOX-NY LLC · -2- 4. SHOOTING AREAS: Studio A & Studio B 5. PRICE FOR LICENSE: The Licensee shall pay, for use of the premises, $13,700.00, payable by cash, credit card, or company

-4-

16. RESTRICTIONS: Please distribute a list of all restrictions to the crew so they can respect the property as well.

17. COUNTERPARTS: This Agreement may be executed and delivered in originals, by facsimile or by email of a scanned copy of

the signature page in PDF format, and in one or more counterparts, all of which taken together shall constitute one and the same

instrument.

[signature page follows]

mshao
Callout
18. The rights and remedies of Licensor in the event of any breach by Licensee of this Agreement shall be limited to Licensor's right to recover damages, if any, in an action at law. In no event shall Licensor be entitled to terminate or rescind this Agreement or any right granted to Licensee hereunder, or to enjoin or restrain or otherwise impair in any manner the production, distribution, or exploitation of the Project, or any parts or elements thereof, or the use, publication or dissemination of any advertising, publicity or promotion in connection therewith.
mshao
Callout
19. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration to be held in the City of New York, State of New York, before a single arbitrator, in accordance with the applicable rules and procedures of JAMS. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The parties will share equally in payment of the arbitrator's fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys' fees and other expenses to the same extent as if the matter were being heard in court). Nothing in this paragraph shall affect either party's ability to seek from a court injunctive or equitable relief at any time to the extent the same is not precluded by another provision of this Agreement.
Page 5: LIGHTBOX-NY LLC · -2- 4. SHOOTING AREAS: Studio A & Studio B 5. PRICE FOR LICENSE: The Licensee shall pay, for use of the premises, $13,700.00, payable by cash, credit card, or company

-5-

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

LICENSOR: LICENSEE:

LIGHTBOX-NY LLC WOODRIDGE PRODUCTIONS, INC.

By: By:

Name: David Appelson Name:

Title: President / Owner Title:

Signature Page to Location Agreement

Between

Lightbox-NY LLC and Woodridge Productions, Inc.

Dated as of December 5, 2013