UNIVERSAL LOCATIONS, INC. 24791 Valley St, Santa Clarita, CA 91321
LOCATION RENTAL AGREEMENT 2014
This agreement made on __4 MARCH 2014__, by and between __LINANE-DREW ARCHITECTS, INC.__ hereinafter referred to as "Owner(s)" and __REMOTE BROADCASTING INC. SONY PICTURES TELEVISION 10200 W. WASHINGTON BLVD. CULVER CITY, CA 90232__ hereinafter referred to as "Producer".
1. For the period specified in paragraph 3 below, Owner hereby grants to Producer the right to enter upon Owner(s) property located at __3500 WEST BURBANK BLVD. BURBANK, CA 91505__ hereinafter referred to as "said premises” to erect thereon temporary motion picture structures and sets (collectively “sets”) and to use the sets and said Premises for the purpose of a television show entitled __”MARRY ME”__ hereinafter referred to as the “Production”.
2. Producer may make use of the Premises which consists of: INTERIOR THROUGHOUT THE BULL PIN, INCLUDING ADJACENT OFFICES AND BRAKE ROOM___for the dates specified as follows:
2A. INTELLECTUAL PROPERTY: Access does not include use of filming of any _____ signage, trademarks, or intellectual
- PREP: NONE SCHEDULED
- FILM: WEDNESDAY, MARCH 19, 2014
- STRIKE:NONE SCHEDULED
- HOLD: NONE SCHEDULED
Tech Scout Notes to be provided to Owner by Producer outlining, in detail, proposed use & activities and attached to this agreement as Rider A or
inserted below.
Tech scout notes to include but not limited to FULL DISCLOSURE as to
Producers intended use and must include items such as any special effects, use of smoke, water, or fire, if extras to be on set, number of extras, Unusual lighting set-ups, tarping of house or blacking windows for “day for night” effect, animals on set, stunts or fight scenes.
Any items not disclosed or listed in agreement are subject to Owners approval on rental day.
*SPECIAL CONDITIONS:
- If building has an interior Fire Sprinkler system, Owner must inform Production and Universal Locations, Inc of said sprinkler system.
- In the event any (interior) walls are damaged, entire wall or room must be re-painted at Producers expense by a contractor of the Owners choice. Such expense shall be reasonable.
- Producer will have the building professionally cleaned by a contractor or service of the owners choice (at a reasonable cost) upon completion of Producers use and shall be limited to those areas actually used by producer. Building owner may choose his own cleaning service if he so desires. Pre approved rate:____
- By initialing here, ______Producer is disclosing to Owner, Producer may have a video or photography crew, shooting behind the scenes footage, B Roll footage or promotional footage for a segment of a local news channel, entertainment channel, network, Producers website, in house use or other promotional use without paying additional fees.If video crew or Photography crew is separate company and not employees of Producer, Producer shall submit a certificate of insurance (as per clause 7), which must also name video crew and or photography crew as additionally insured. The only requirement is, on Producers certificate of insurance, it must name video or photography crew as additionally insured. In the event Producer fails to provide such insurance coverage, Producer agrees to be financially responsible for any damage, & or claims for liability caused by such crews. If content is for commercial use other than “in-house”, or use outlined above, such as a separate commercial advertisement, internet advertisement, webisode or still photography advertisement, the fee of $4,000.00 per 12 hour day will apply.
3.Commencing on or about, but not before, __7:00am on any rental day, unless otherwise permitted by permit/building owner, and ending no later than 10:00 pm on any rental day, unless otherwise Permitted by Permit or Building owner__,Rental time begins at call time given by Producer to Universal Locations or Owner day prior to rental or when 1st Production employee or sub-contractor arrives on the premises, whichever is 1st. Producer may use the Premises as necessary to perform Production. This commencement date may be changed due to weather conditions or changes in production schedule. ANY CANCELLATION WILL BE SUBJECT TO THE CANCELLATION POLICY as set forth herein, INCLUDING PAYMENT FOR SITE REPRESENTATIVE.
3A. Producer is aware said premise is a business with various functions and business operations. Producer must be courteous and respect to all functions, employees and customers of said premise. Producer also acknowledges & accepts there may be periodic delays in Productions relating from the operations of such businesses.
4.As compensation for the use of the Premises, Producer agrees to pay in advance of such initial use for the total rental for each prep, film, strike, hold, and pre-rig day or part thereof which Producer contracts for use of the Premises.
PAYMENT SCHEDULE:
ALL FEES DUE 2 DAYS PRIOR TO RENTAL.
- PREP: NONE SCHEDULED
- FILM: $16,000.00 PER 14-HOUR FILM DAY
- STRIKE: NONE SCHEDULED
- HOLD: NONE SCHEDULED
ADDITIONAL FEES DUE:
Site rep fee: Producer agrees to pay for a site representative from Universal Locations, Inc. at the following rates per day: UP TO 14 HRS $450.00, Overtime after 14 hrs will be billed at the rate of $60.00 per hour up to 15 hours; beyond midnight or after 15 hours overtime rate of $75.00 per hour. Site rep must be present on all prep, pre light/pre rig, film, & strike days. IN THE EVENT OF CANCELLATION OF RENTAL FOR ANY REASON BY PRODUCER WITHIN 48 HOURS OF RENTAL DATE, ALL LOCATION SITE REP FEES WILL BE DUE FOR CONTRACTED DATES. As specified in section H of this contract.
Additional Fees Due, If used:
- Building Power: If Buildings power is used, Producer will be charged the fee of $200.00 per day of use. As defined in section 13 of the contract.
- Buildings Air Conditioning or Heating: If buildings’ AC or Heat is used by Production, Producer will be charged the fee of $200.00 per day of use. Producer must ask Owner to use the AC or heat before use.
- Building’s Bathrooms: If building’s Bathroom is used by any member of Production, Producer will be charged the fee of $100.00 per day of use. As defined in section 14 of the contract.
- If a site rep from Universal Locations, Inc is present on the Production Tec scout the fee of $350.00 will be paid by Producer.
- In the event the Tec scout is longer than 2 hours on the premises, the rate of $150.00 per ½ hour will apply to Producer for additional time.
- Producer responsible for any messenger or delivery fees if payment not received 2 days prior to rental.
LOCATION FEE DUE:__$16,450.00__ (LOCATION RENTAL $16,000.00, SITE REPRESENTATIVE FEE $450.00)
SECURITY DEPOSIT:
PRODUCER WILL POST A SECURITY/DAMAGE DEPOSIT OF ___$10,000.00__WITH UNIVERSAL LOCATIONS, TO BE DEPOSITED BY UNIVERSAL LOCATIONS, INC. Producer authorizes Universal to use said Deposit TOWARDS ANY SUMS OWED OWNER OR UNIVERSAL LOCATIONS RESULTING FROM PRODUCERS USE OF SAID PREMISES. Nothing contained in this paragraph is intended to constitute a waiver or limitation of any right or remedy available to owner or Universal Locations to enforce any provision of this Agreement.
DEPOSIT DOES NOT LIMIT PRODUCERS FINANCIAL RESPONSIBILITY TO OWNER. ALL OR ANY UNUSED PORTIONS OF SAID DEPOSIT WILL BE RETURNED TO PRODUCER WITHIN 10 DAYS OF LAST RENTAL DAY OR ONCE PRODUCER HAS FULFILLED ALL FINANCIAL RESPONSIBILITIES.
A. If a prep day exceeds __DOES NOT APPLY__ hours, overtimewill be charged as time and a half rate of ___DOES NOT APPLY__ per ½ hour will be charged. A prep day is defined as when the art department and or layout board crew makes adjustments to the Premises.
B. If needed a pre-rig or pre-light will be at the rate of 75% of film day rate for 12 hours. Overtime will be pro-rated after 12 hours on an hourly basis. A pre-rig or pre-light day is defined as when grip, & or lighting crew is on the Premises, setting up. (Cabling will not be considered pre-rig or pre-light) In the event any camera tests or rehearsals are done on a prep, pre-rig or pre-light day, the film day rental rate will apply.
C. If filming exceeds __14__hours, overtime will be charged as time and a half at the rate of __$856.71__per ½ hour. A filming day is defined as when the prep, layout board and or shooting crew arrive or call time given by Production to Owner or Universal Locations on day prior to rental (whichever is 1st)and continues until the prep, layout board, and or shooting crew have completely left the Premises and surrounding areas.
D. If a strike day exceeds __DOES NOT APPLY__hours, overtime will be charged as time and a half at the rate of__DOES NOT APPLY__ per ½ hour. A strike day is defined as when the art department crew is readjusting the Premises to its original condition. Cleaning by cleaning crew or material restoration or repairs is not considered rental time, and there will be no charge for such.
E.Hold days will be at the rate of 25% of a film day rate unless stated differently. A hold day is defined as when set dressing and or layout board or production equipment is left on the Premises with no personnel present.In the event personnel/crew require access to the Premises at any time during a designated hold day, the hold day shall become a Prep day, Shoot day, Strike day or Pre-rig day as described above and shall be charged as stated above.
F.All overtime shall be measured in ½ hour minimum increments. Rental begins when 1st member of production enters Premises or call time given by Production to Universal Locations or Owner on day prior to rental (whichever is earlier) ends when last member of production exits Premises. In the event Producer gives less than 10 hours notice of a change in production call time (arrival time) and owner has made the Premises available at the original call time given by Producer, for overtime purposes rental day will begin at original call time given by Producer, not when 1st member of Production enters Premises, whichever time is earlier.
G. Compensation as set forth in Paragraph 4 shall be paid directly by the Producer to Universal Locations, Inc. prior to rental, who shall disburse same according to the fee agreement entered into between the property owner and Universal Locations, Inc.
H. A CANCELLATION FEE SHALL BE CHARGED TO THE PRODUCER if Producer cancels the production at anytime within 48 hours prior to the first scheduled dated of use of the Premises, regardless of the reason for cancellation. Producer understands and acknowledges that a cancellation within 48 hours will have caused Owner to sustain costs and expenses in making the Premises available for use by Producer pursuant to this Agreement. The parties deem the sum of 25% of the total Location Fee Due and any and all site rep fees for scheduled dates to be a fair and reasonable value for the time, effort, expense, inconvenience, etc. associated with a cancellation by the Producer within 48 hours of the scheduled commencement date. The parties deem the sum of 50% of total rental PLUS SITE REP FEES to be a fair and reasonable value as noted above, associated with a cancellation by the Producer within 24 hours of the scheduled commencement date. In the event Producer cancels or reduces the term of rental once Producer has commenced use of the Premises, the entire rental amount, SITE REP FEES and associated fees will be forfeited to Owner by Producer, with no refund of any fees for any unused portion of rental.
5. At any time within (24) months from the date Producer first makes use of the Premises, pursuant to this agreement, Producer may, following not less than seven (7) working days advance notice to Owner, and subject to availability of the Property, re-enter upon and use Premises for such period as may be reasonably necessary to photograph retakes or added scenes desired by Producer, and in any such event, the rates specified on Paragraph 4 shall apply, any payment for any such use shall be made by the Producer in the same manner. All arrangement for such use of the Premises, and confirmation of availability of the Premises, shall be made by Producer with Universal Locations, Inc.
6. Producer agrees to leave said premises and all property of any kind located thereon, in as good order and condition as they were immediately prior to any use of said premises pursuant to this agreement and to pay for any injury or damage that may occur through the use of the Premises by Producer. In the event a damaged item cannot be repaired or replaced, Producer will pay fair market value for item or estimated repair cost of item. NO NAILS, DOUBLE FACE TAPE, DULLING SPRAY OR WATER BASE SMOKE IS PERMITTED WITHOUT OWNERS CONSENT. NO OIL BASE SMOKE PERMITTED. There will be NO SMOKING, NO EATING AND NO DRINKING IN THE BUILDING BY ANY MEMBER OF THE PRODUCTION COMPANY;EXCEPT THAT EATING AND DRINKING MAY BE USED AS A PROP IN A SPECIFIC SCENE. If required in a scene, Producer will undertake all reasonable effort to protect the property from damage from smoking, eating or drinking utilized in any such scene. NO ALCOHOLIC BEVERAGES OR DRUGS ARE ALLOWED ON THE PREMISES. No alteration of the premises or any items located therein is permitted without prior written consent of owner.
6A. All heavily worn areas of lawns and damaged plants resulting from Producer's use of Premises will be replanted with sod or plants of like kind and size. All oil spots skid marks left on driveways and or walkways will be cleaned off to original condition; If the driveways or walkways need to be power washed, power washing will take place at Producers expense. Power washing will be limited to areas used by Production. All greens, cigarette butts, tape and miscellaneous trash will be picked up; all areas used will be cleaned to the condition prior to filming, at Producers expense.
7.INSURANCE REQUIREMENTS: Producer agrees to protect and indemnify Owner(s) and Universal Locations, Inc. and to keep and save Owner(s) and Universal Locations, Inc., harmless from any and all suits, includingreasonable outside attorney costs for defense, claims for loss or liabilities for, any personal injury to any person or any damage to other premises or property or items located thereon, including Producers property, equipment, any associated vehicles or crew vehicles, occasioned by or resulting directly or indirectly from Producers use of said Premises. In this regard, Producer represents that he has obtained Generaland Excess/Umbrella Liability and Third Party Property Damage Insurance coveragewith a combined limit of no less than $2,000,000.00 per occurrence, SPECIFIED IN WRITING on the certificate of insurance and or declarations page. Third Party Property Damage Coverage MUST BE WRITTEN ON THE DECLARIATIONS PAGE OF INSURANCE CERTIFICATE. IF PRODUCER REQUIRES CAST/CREW OR ANY OTHER PERSONAL VEHICLES ON PREMISES, PRODUCER MUST INCLUDE UNDER THE AUTO LIABILITIES PROVISION: ANY VEHICLE RENTAL AND ANY AUTO INSURANCE PROVISION AND COVERAGE FOR ANY SUCH VEHICLES ON PREMISES. The certificate of insurance or declarations page shall name Owner(s) and Universal Locations, Inc., as additional insured on Producers policy. Producer will provide Owner(s) and Universal with such certificate of insurance prior to the first rental day. Owner will hold Universal Locations free and harmless from any and all claims arising out of Producers use of said premises and look solely to Producer for reimbursement of any such claims, except if due to the negligence or willful misconduct of Owner(s) and or Universal Locations.
8. Owner hereby grants Producer, its successor, assignees and Licensees, the sole, exclusive irrevocable and perpetual right to use the photographs of the Premises taken by Producer in connection with the Production, and to such extent as Producer may desire for use throughout the universe, and in all media (whether not known or hereafter devised) in perpetuity, However, Producer represents that the use of said photographs will be used exclusively in connection with the Production, any trailer, clips and advertising of promotions of the Production on any other exploitation of the Production. The right herein granted include the right to photograph as described in Paragraph 2 above, the right of Producer to refer in the Premises by any fictitious name, and the right to attribute fictitious events as occurring on the Premises. The Producer is not given the right to use names, logos and verbiage contained on such signs on the Premises. No right or interests referred to herein is intended to permit Producer to utilize any photographs or films obtained pursuant to this Agreement, for use in any other production.
9. Neither Owner, nor any other party now or hereafter claiming an interest in the Premises shall have any right or claim against Producer arising from or based on any use of exploitation of such photography as provided by this Agreement, where such use is or is clamed to be defamatory, untrue or censurable in nature.
10. Producer shall not assign or sub-contract any portion of this agreement other than the rights under paragraph 8. Producer shall notify Universal Locations and Owner prior to any assignment of any right pursuant to Paragraph 8.
11. This agreement shall inure to the benefit of, and be binding upon the heirs, executors, administrators, successors and assignees of the Licensor. Producer’s obligations hereunder shall be binding upon its heirs, executors, administrators and successors.