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HomeMy WebLinkAbout93-0721 Spectral Pictures Cel - o-4a‘ AGREEMENT This contract entered into this 21st day of July , 19___,3 by and between the CITY OF ELGIN, a municipal corporation organized and existing under the laws of the State of Illinois (hereinafter referred to as "City") and S p e c t r a 1 Pictures (hereinafter referred to as "Applicant"), WITNESSETH WHEREAS, Applicant desires to obtain a permit for a temporary street closure; and WHEREAS, Applicant has made an application to the City to obtain such a permit; and WHEREAS, the City's regulations governing temporary street closures require applicants for such permits to provide for barricades and for the collection and removal of all trash, garbage and litter caused by or arising out of such temporary street closure and to enter into a written agreement specifying the trash collection duties to be per formed; and WHEREAS, the City agrees to grant a permit for a temporary street closure to Applicant upon the approval of Applicant's completed application. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: I. Applicant agrees to provide, at his own expense, for the collection and removal of all trash, garbage and litter caused by or arising out of the temporary street closure at Water St . on 07/23/93 • 2. Applicant further agrees to provide sufficient labor and materials neces- sary for said collection and removal and to collect and removal all trash, garbage and litter by no later than 07/24/93 • 3. It is agreed and mutually understood that in the event Applicant fails to provide for said collection and removal as provided herein, the City may, without notice, collect and remove all trash, garbage and litter caused by or arising out of the subject temporary street closure and that Applicant agrees to reimburse to the City any and all costs incurred by the City for said collection and removal. 4. Applicant agrees to place all barricades provided by the City so as to block the access of vehicular traffic into the area of the temporary street closure and Applicant further agrees to reimburse to the City any and all costs incurred by the City for damaged or lost barricades. 5. The Applicant agrees to indemnify and hold the City harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the City by reason or on account of damage to the property of the City or the property of, injury to or death of any person, arising from Applicant's use of and activities at Water St . on July 23 1922) including acts of its agents, guests or other participants, except when caused by the City's negligence or by the joint negligence of the City and any person other than the Applicant or its agents, guests or other participants provided that the City shall give the Applicant prompt and timely notice of any claim made or suit instituted which in any way affects the Applicant or its insurer and the Applicant and its insured shall have the right to compromise and defend the same to the extent of their own interests. 6. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto respon- sible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 7. That parties hereto do mutually and severally guarantee terms, condi- tions and payments of this contract, these articles to be binding upon the parties, them- selves, their heirs, executors, administrators, successors and assigns. 8. In any action brought by the City for the enforcement of the obligations of the Applicant, the City shall be entitled to recover interest and reasonable attorney's fees. IN WITNESS WHEREOF the parties have caused this agreement to be executed by the City Manager and City Clerk of the City of Elgin and the Applicant. CITY OF ELGIN 111111111111111114 APPLICANT By laPielP..•4111Wii .11111111111111111111111.. -"`arteida& 4 "F7 inager Attest(;)4471/-n-et City Clerk • Revised 6/26/87 APPLICATION FOR PERMIT FOR TEMPORARY STREET CLOSURE I. Name, residence, business address and phone number of each person and organiza- tion sponsoring the temporary street closure. If an organization, include the names, residence, business addresses and phone numbers of the president or chair- man thereof, and all other persons having an interest or position of management or control, or who will be engaged in organizing, promoting, controlling, managing or soliciting participation in the temporary street closure: Spectral Pictures 37W222 Rt . 64 , Suite 108-St . Charles , I1 . 377-5614 2. Date, or dates, and beginning and ending hours of the temporary street closure: July 23 . 1993 between 6PM and 6 AM 3. Block or intersection in which the closure will occur: Water St . 4. The estimated number of persons who will participate: 45 5. The purpose of the temporary street closure: Filming a motion picture . 6. Is parking requested to be restricted or prohibited during such closure: Yes 7. Is any sound amplification equipment proposed to be used? No If yes, describe such sound amplification equipment: No sound amplification equipment shall be used in any way contrary to the applicable city ordinances on such equipment. 8. Will any charity, gratuity or offering be solicited or accepted? N 9. Will food, beverages or other merchandise be sold? No 10. Will the temporary street closure occupy all or only a portion of the street or intersection involved: All of the street & intersection at each end of the . II. Is the event intended to attracstreett persons who do not reside in the immediate area? No If yes, estimated number of persons and from what areas? 12. Address of property where barricades for street closure are to be delivered by the City's Public Works Department: Water St . & Brook St . Date: J 21 1993 Signed: •pp icant Notice: This application must be filed not less than twenty-eight (28) days prior to the scheduled date of the proposed temporary street closure. LOCATION AGREEMENT: Owner, The City of Elgin, a municipal corporation, (herein called "Owner") , hereby grants to Spectral Pictures (herein called "Compa- ny") and its employees, agents, independent producers, contractors and suppliers, permission to use the property located at 110 Water Street to 140 Water Street ("Property") for the purpose of photographing and record- ing certain scenes for a motion picture presently entitled "THE GLASS CHAIN" (Picture") commencing on or about July 23, 1993, to August 12, 1993, (subject to change on account of weather conditions or changes in the production schedule) . Company may place all reasonable facilities and equipment, in- cluding temporary sets on the Property, and agrees to remove the same after completion of work and leave the Property in as good condition as when it was received, reasonable wear and tear from uses permitted herein excepted. Signs on the Property may, but need not, be removed or changed, but, if removed or changed, must be replaced. Company shall use reasonable care to prevent damage to the Property, and shall hold harmless and indemnify Owner, and all other par- ties lawfully in possession of the Property from any claim and demands of any person or persons arising out of or based upon personal injuries, death, or property damage suffered by such person or persons resulting from any act on Company's part in connection with the work hereunder. Company shall have the right to photograph and record any signs located on Owner's property and any logos and verbiage contained on such signs in connection with or as part of the Picture and the right to refer to the Property any real or fictitious name and the right to contrib- ute any real or fictitious events as having occurred on the Property. Company shall have the right to reproduce, exhibit, advertise, and exploit and license others to reproduce, exhibit, advertise,and exploit all of the photographs and recordings made hereunder in connection with the Picture in any and all media whether now known or hereunder devised throughout the world in perpetuity, including, without limitation, the right to use or authorize the use of any portion(s) of the Picture containing the photo- graphs and recordings made hereunder in other motion pictures. Company shall be the sole owner of all right, title and interest in and to the picture and any photographs and recordings hereunder. Owner understands that no financial compensation will be given by the Company for this permission. Company is not obligated to actually use the premises or produce the Picture or include material shot hereunder in the Picture. Company may at any time elect not to use the premises by giving Owner written notice of such election, in which case neither party shall have any obligation hereunder, including, without limitation, the aforesaid fee from Company to Owner. Owner hereby warrants that Owner has the right and authority to make and enter into this agreement and to grant to Company the rights set forth herein. This agreement supersedes and replaces all previous agreements. ACCEPTED: COMPANY: OWNER: BY: ---- - , BY: ))4 LOCATION AGREEMENT: Owner, The City of Elgin, a municipal corporation, (herein called "Owner") , hereby grants to Spectral Pictures (herein called "Compa- ny") and its employees, agents, independent producers, contractors and suppliers, permission to use its property located at the Bluff City Ceme- tery ("Property") for the purpose of photographing and recording certain scenes for a motion picture presently entitled "THE GLASS CHAIN" (Pic- ture") commencing on or about July 27, 1993, to August 12, 1993, (subject to change on account of weather conditions or changes in the production schedule, but in no event shall such photographing end later than August 16, 1993) . Company may place all reasonable facilities and equipment, in- cluding temporary sets on the Property, and agrees to remove the same after completion of work and leave the Property in as good condition as when it was received, reasonable wear and tear from uses permitted herein excepted. Signs on the Property may, but need not, be removed or changed, but, if removed or changed, must be replaced. Company shall use reasonable care to prevent damage to the Property, and shall hold harmless and indemnify Owner, and all other par- ties lawfully in possession of the Property from any claim, demands, suits or attorney's fees of any person or persons arising out of or based upon personal injuries, death, or property damage suffered by such person or persons resulting from any act on Company's part in connection with the work hereunder. Company shall have the right to photograph and record any signs located on Owner's property and any logos and verbiage contained on such signs in connection with or as part of the Picture and the right to refer to the Property any real or fictitious name and the right to contrib- ute any real or fictitious events as having occurred on the Property. Company shall have the right to reproduce, exhibit, advertise, and exploit and license others to reproduce, exhibit, advertise,and exploit all of the photographs and recordings made hereunder in connection with the Picture in any and all media whether now known or hereunder devised throughout the world in perpetuity, including, without limitation, the right to use or authorize the use of any portion(s) of the Picture containing the photo- graphs and recordings made hereunder in other motion pictures. Company shall be the sole owner of all right, title and interest in and to the picture and any photographs and recordings hereunder. Company agrees that no identifiable names shall be legible on headstones, markers, or other memorials. Owner understands that no financial compensation will be given by the Company for this permission. Company is not obligated to actually use the premises or produce the Picture or include material shot hereunder in the Picture. Company may at any time elect not to use the premises by giving Owner written notice of such election, in which case neither party shall have any obligation hereunder. Owner hereby warrants that Owner has the right and authority to make and enter into this agreement and to grant to Company the rights set forth herein. This agreement shall constitute the entire agreement between the parties hereto. No oral agreements or modifications shall be binding be- tween the parties hereto unless agreed to in writing by the parties. ACCEPTED: COMPANY: OWNER: B ;"1110,1.-. --A..461111." BY: . 410 MEMORANDUM To: Delonna Mecum From: Sgt. J. Kline Subject: Film Agreement At the beginning of July, 1993, I became involved with the assistance of a filming project being done in Elgin by Spectral Pictures. John Blake the production manager of the project for Spectral Pictures brought a location agreement in for the city to approve. I contacted Michael Gehrman- the Assistant Corporation Counsel for the City of Elgin & presented the agreement & the request for a street closure for Water St. I requested that the items be reviewed & any changes, etc. necessary for the completion of the agreement be forwarded to me. On 07/20/93, I received a Memorandum from Michael Gehrman concerning necessary changes that would need to be made in the location agreement in order for it to be acceptable to the city & advising that the agreement would require city council approval per ordinance. I accordingly advised Mr. Blake of the information obtained from Gehrman. I subsequently was summoned to Mr. Larry Rice's office & was met by Mr. Rice, Michael Gehrman, & Deputy Chief Isom concerning the location agreement & street closure. Mr. Rice was briefed concerning the changes requested by corporation counsel & he made the determination to execute the agreement without city council approval . Mr. Rice signed both the location agreement for the use of Water St. & the permit for temporary street closure for Water St. Mr. Rice had advised of changing the ordinance concerning the current proceedure. In August, 1993, Mr. Blake advised that he would like to additionally film in the Bluff City Cemetary & a location agreement was drawn up & sub- mitted to Michael Gehrman for approval & any changes in wording, etc. that he thought was necessary. Mr. Gehrman returned the document with necessary recommendation for changes in it, & it was submitted to Mr. Rice after the changes were made, per the prior proceedure utilized by Mr. Rice. Mr. Rice again cited the need to change the current city ordinance & signed the location agreement without council approval . Attached are the original agreements & the memorandum from Michael Gehrman concerning the project. July 20, 1993 MEMORANDUM TO: Charles Gruber, Chief of Policet, Sgt. J. Kline FROM: Michael R. Gehrman, Assistant Corporation Counsel SUBJECT: Movie Filming in Elgin EMC Section 13 . 14 . 010 et seq. provides for the issuance of permits for street closures by the City Manager upon the filing of an application. Although such an application is supposed to be filed 28 days in advance, this requirement can be waived by the manager for good cause ( 13 . 14 . 090) . The code also requires council authority for any "interference" with any property belonging to the City (EMC 10 . 48 . 010) . "Interference" is generally defined as "to hamper; hinder; infringe; encroach; trespass; or disturb" . This would require passage of a resolution authorizing the particular interference requested. Regarding the "location agreement" , I suggest the following: 1) Clarify the provision at the third paragraph permitting photographer rights to any name "connected" with the property. The City obviously cannot authorize actions regarding non-city owned property. 2) At the first full paragraph on page 2, delete the waiver of any right of action against the company. 3) In the last paragraph, delete the possessive apostrophe from "agrees" . 4) Delete the requirement that the City will allow the company to re-enter at a later time. 5) Delete the second to last paragraph's last two sentences ( "owner hereby agrees to indemnify. . . " ) . Charles Gruber July 20, 1993 Page -2- Execution of the agreement will require council approval . MRG mg cc: William A. Cogley \\I Approved: Erwin W. Jentsch