LICENCE AGREEMENT FOR FILMING ON LIBRARY PREMISES. THE HAMILTON PUBLIC LIBRARY BOARD (the "Library") - and -

Transcription

1 LICENCE AGREEMENT FOR FILMING ON LIBRARY PREMISES Between: THE HAMILTON PUBLIC LIBRARY BOARD (the "Library") - and - Arcaders Productions Ltd. (the "Film Production Company") WHERAS the Library owns or lawfully controls the use of the premises known as the Central Library, more particularly described as The Hamilton Public Library - Central Branch, located at 55 York Blvd., Hamilton, Ontario; AND WHEREAS the Film Production Company wishes to use the Premises to film a production currently entitled "Pixels"; NOW THEREFORE, in consideration of the payments, covenants, terms, conditions, warranties and provisos contained in this Agreement, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: DEFINITION 1. In this Agreement "filming" means filming, videotaping, photographing, tape-recording or otherwise making a visual or sound recording or both and "to film" has a corresponding meaning. PERMISSION TO USE THE PREMISES 2. For the period of time specified in section 4, the Library agrees to permit the Film Production Company, including but not limited to access to and egress from the Premises for its personnel and equipment for the purposes of erecting and maintaining temporary sets, subject to the Library's right to enter the Premises at any time to maintain, repair or inspect the Premises or in an emergency situation as determined in the sole discretion of the Library. 3. The Film Production Company agrees that its use of the Premises shall be subject to the following conditions in addition to any other conditions in this Agreement: The Film Production Company shall credit the Hamilton Public Library within the production credits as a location of filming; The Film Production Company will be onsite the following dates: Thursday, June 26 th between 2 p.m. and 6 a.m. (27 th ), and Friday, June 27th between 6 p.m. and 6 a.m. (28 th ). The Film Production Company understands that the library will be open to the public on the following dates: Thursday, June 26 th until 9:00 p.m.

2 TERM The Film Production Company will not impede business of the library, and will at no time prevent customers or staff from having free access to the library or it's materials; It is estimated that there will be approximately 100 crew and 2 actors. AREAS OF FILMING IN THE LIBRARY 1. Interior None, Exterior - windows OTHER AREA 1. Roof Access to from the 2 nd floor for lighting of York Blvd. 2. Upper Roof to attach fall arrest safety equipment to roof anchors. (To be escorted by Security or Maintenance) SECURITY 1. The Library will provide additional in-house security for the following times: Thursday, June 26 th from 9 p.m. until 6 a.m., and June 27 th from 6 p.m. until 6 a.m. to allow access to the lighting crew in and out of the Library 2. The rate for in-house security will be at $25.00/hr. and will be billed post filming. 4. The permission granted in this Agreement shall be for the period of time commencing June 26, 2014 (the "Term"). Any additional period of time required after the expiration of the Term will be subject to the covenants, terms, conditions, warranties and provisos contained in this Agreement, the availability of the Premises and the prior written consent of the Library. There is no guarantee that any additional period of time will be available and the Library is under no obligation to ensure that an additional period of time is available. FILM PRODUCTION COMPANY'S RIGHTS 5. The Library agrees to permit the Film Production Company the right to construct duplications of the Premises and to use such duplicates and to film them for the purposes of the Production. 6. The Library agrees that all rights of every kind and nature whatsoever in and to all filming, including the use and filming of duplicates, resulting from the use of the Premises shall be and remain the sole and exclusive property of the Film Production Company and that the Film Production Company shall have the right to use the said filming as the Film Production Company shall elect, without limitation, and in no event shall the Library be entitled to enjoin or restrain the distribution or exploitation of the filming or Production, provided that the name of the Premises as set out in the first recital of this Agreement and "Hamilton Public Library" or like derivatives may only be used with the prior written consent of the Library.

3 CONDITION OF THE PREMISES 7. The Film Production Company agrees to accept the Premises in the condition the Premises are in when the Term begins and: a) not to call upon the Library to do or pay for any work or supply any equipment to make the Premises more suitable for the filming of the Production; and b) not make any alterations to the Premises without the prior written consent of the Library. c) will not unreasonably prevent or delay previously scheduled building maintenance. 8. The Film Production Company agrees to leave the Premises when the Term ends in substantially as good condition as when the Term began, including but not limited to removing any equipment, garbage or sets. FILMING OF LIBRARY EMPLOYEES AND/OR CUSTOMERS 9. The Film Production Company agrees that it will not permit the filming of any employee of the Library, or customer of the Library, except for incidental filming, without the prior written consent of such employee or customer. PAYMENT 10. The Film Production Company agrees to pay the Library a security deposit in the amount of $500. The Film Production Company must also obtain a film permit from the City of Hamilton in advance of the term, and provide a copy to the Library. A Use of Premises fee will also be payable in advance of the term. The fees, plus H.S.T., is as follows: Shoot: June 26 and June $500 (inclusive of security deposit) Payment must be in the form of a certified cheque or money order in Canadian Funds made payable to the "Hamilton Public Library". An additional security deposit or an additional fee or both may be required before permission is granted for an additional period of time under section 4. RELEASE, INDEMNITY AND INSURANCE Charges related to cleaning and maintenance requests will be billed at $25.00/hour. 11. The Film Production Company agrees that the Library shall not be responsible or liable to the Film Production company or any other party in conjunction with the death or personal injury of any person or any damage or loss of property caused by the use of the Premises

4 by the Film Production Company, with the exception of claims arising as a result of the negligence or wilful misconduct of the Library or its employees or agents. 12. The Film Production Company agrees to defend, indemnify and save harmless the Library from any and all claims, actions, damages, injuries, costs, expenses or losses whatsoever, which may arise or be brought against the City as a result of or in connection with the use of the Premises by the Film Production Company or its personnel (other than claims arising from the negligence or wilful misconduct of the Library or its employees or agents) and specifically, without limiting the foregoing, that the Library will not be responsible for any liability arising from the use with respect to advertising or any copyright or trademark infringement. 13.(1) The Film Production Company agrees to provide the City of Hamilton with: a) Commercial General Liability Insurance, written on IBC Form 2100 or its equivalent, including but not limited to bodily and personal injury liability, property damage, and non-owned automobile and having an inclusive limited of not less than $2,000,000 per occurrence and $4,000,000 in the aggregate and endorsed to include the City of Hamilton as additional insured; and b) Standard Form Automobile Liability Insurance that complies with all requirements of the current legislation of the Province of Ontario, having an inclusive limit of not less than $2,000,000 per occurrence for Third Party Liability, in respect to the use or operation of vehicles, owned, operated or leased by or on behalf of the Film Production Company for the production or for the provision of the production services. (2) Prior to the commencement of the Term, the Film Production Company shall deposit with the City a certificate of insurance. The certificate of insurance shall reference this Agreement and provide that at least 30 days prior written notice shall be given to the City by the Insurer before the Insurer of Film Production Company takes any steps to cancel, terminate, fail to renew, amend or otherwise change or modify the insurance or any part thereof. The Certificate Holder will be addressed as the City of Hamilton, City Hall, 71 Main Street West, Hamilton, Ontario L8P 4Y5 Attn: Economic Development & Real Estate Division, Film & Television Office. All certificates, cancellation, non-renewal or adverse change notices should be mailed to this address. (3) The City of Hamilton, and/or the Hamilton Public Library reserves the right to require the Film Production Company to provide such additional insurance coverage or higher limits of insurance as the City's Risk Management Section may reasonably require. CITY'S FILM PERMIT BY-LAW 14. The Film Production Company agrees to comply with the Hamilton Film Permit By-law # and any accompanying Film Policy, subject to amendment or replacement, including but not limited to not commencing filming until a film permit has been issued under the By-law and this Agreement shall be terminated upon the revocation of such film

5 permit. The Film Production said permit. Company agrees to provide the Library with a copy of 15. Where this Agreement is terminated under section 14, the Film Production Company agrees to immediately cease its use of the Premises and to make whatever arrangements are necessary to leave the Premises in substantially as good condition as when the Term began, including but not limited to removing any equipment or sets. 16. In the event that this Agreement is terminated under section 14, the Film Production Company agrees that the Library is not responsible for any damage, loss, injury or death, however caused, or for any compensation whatsoever to the Film Production Company or others resulting from such termination. GENERAL 17. This Agreement shall be binding on and ensure to the benefit of the Library, the Film Production Company and their respective successors and assigns, except that the Film Production Company shall not assign any of their rights or obligations with respect to this Agreement. 18. Any provision of this Agreement, which is or becomes prohibited or unenforceable in any jurisdiction, shall not invalidate or impair the remaining provisions of this Agreement, which shall be deemed severable from the prohibited or unenforceable provision and any prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable that provision in any other jurisdiction. 19. In the event of the expiration or termination of this Agreement for any reason whatsoever, the provisions of this Agreement that by their nature extend beyond the expiration or termination shall survive and remain in effect until all obligations are satisfied. 20. This Agreement shall be interpreted in accordance with the laws of the Province of Ontario and the law of Canada applicable therein. IN WITNESS WHEREOF the Library and the Film Production Company have executed this Agreement in the manner prescribed by law. HAMILTON PUBLIC LIBRARY BOARD Per: Julianna McCormick, Acting Director Finance & Facilities Date

6 Company Name Per: Name, Title Date