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HomeMy WebLinkAboutBlink Entertainment Limited - Filming at Yakima Airportblnk Name of production company: Name of owner of property: Address of owner of property: Programme: Date: 71111 Finor, 0401, stock OUNding qst qq Oe 0equvolr 003(0,11 London N.550 tel. 0'203150077/ 1,0*. 000, +50 0770 Ioto0011nkfllms.com wwW.6lmkflimsuk.com LOCATION AGREEMENT Blink Entertainment Limited trading as Blink Films ("we", "us", "our", "Blink Films") CITY OF YAKIMA ("you", "your", "City") 129 N. 2nd Street Yakima, Washington 98901 "We'll Meet Again" (working title) is a 6 x 60 minute factual documentary television series that Blink Films is initially producing for PBS (and for distribution to various international broadcasters). "We'll Meet Again" is a documentary series featuring people searching for long lost friends, family or strangers who were thrown together or separated under circumstances of great historical significance. Each programme will follow and assist contributors as they/we try to trace and reunite with someone from their past and through their personal stories, explore key historical events that shaped America. ("Programme"). TLu'L_ 3-&) Dear Sirs, Yakima Air Terminal -McAllister Field, City of Yakima, Washington ("Property") 2018 We write to confirm our agreement that, in consideration of our arranging to film and make recordings at the Property for the Programme, and of the payment of $1 by us to you (the receipt and sufficiency of which is hereby acknowledged), you agree as follows: - 1. You hereby grant to us and persons authorised by us (and warrant that you are entitled to grant to us) the nonexclusive right during the Filming Period to enter upon the Property and to film, photograph and record and/or include in a live relay all or any part of the interior, the exterior and the contents of the Property and for such purpose to bring onto and into the Property such persons and equipment as have been specifically approved by the City. We shall advise the City of the general filming plan and locations prior to initiation of said filming and no filming shall begin unless and until you have authorized the filming plan. Said authorization shall be provided in writing and shall be for the specified Filming Period only. Authorization for entry into any restricted access area(s) of the Property shall be specifically limited to areas for which entry authorization is fully compliant with TSA regulation and approval. / �� 2. "The Filming Period" shall mean (i). ) (A h ( r1 . I ?� and (ii) such other days or half days as we may mutually agree in writing. 3. All rights in the films, photographs and recordings made and/or taken by us at the Property and in the transmissions made by us from the Property shall vest in us and we shall be entitled to assign, license and/or Chink Llt,l Ulnrulit Ltd Lia tiler; It hihnv exploit the same by all means and in all media, in perpetuity, as we may at our absolute discretion elect. We shall be entitled to refer to the Property by its true name or by a fictitious name or not to refer to the Property by name and shall have no obligation to you to include any or all of such films, photographs, recordings or transmissions in any film or programme or to exploit the same or any film or programme in which the same are included. You acknowledge and agree that we may incorporate footage from the Programme in any subsequent update programmes and/or further series and you agree that no payment shall be due to you nor shall you make a claim for any payment against us or our licensees or assigns in respect of the exploitation of such rights. 4. We shall protect, defend, indemnify and hold harmless the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable costs and attorney fees) resulting from death or bodily injury to any person or damage or destruction to the Property or a third party or third parties to the extent caused by any negligent act and/or omission of Blink Films, its officers, employees, agents, volunteers, invitees and/or subcontractors, arising out of the performance of this Agreement. 5. You hereby warrant and agree that you are solely and exclusively entitled to grant all the permissions and rights to use the Property contained in this agreement without having to obtain consents from any person and that the Property is and shall be safe for the purposes clearly identified by us within this agreement. 6. In the event of any breach of this agreement by us, your sole remedy shall be an action at law. 7. You agree that you will not discuss or otherwise reveal any information relating to the Programme or this agreement without our prior written consent unless such disclosure is in response to a lawful request for public records. We understand that the City is required to comply with the legal requirements of RCW 42.56, The Public Records Act, as well as other state and federal regulations associated with government records. 8. At all times during performance of the agreement Blink Films shall secure and maintain in effect insurance to protect the City, its elected officials, officers, agents, employees, and volunteers from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this agreement. Blink Films shall provide and maintain in force insurance of the type and for limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Commercial General Liability Insurance. Before this agreement is fully executed by the parties, Blink Films shall provide the City with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence combined single limit bodily injury and property damage, and One Million Dollars ($1,000,000,00) general aggregate (per film project). The policy shall include employers liability (Washington Stop Gap). The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 9. This is the entire agreement between you and us in connection with our use of the Property. This agreement shall be freely assignable by us and shall be governed by and construed in accordance with the laws of the state of Washington. In the event of a dispute between the parties hereto the dispute shall be resolved in a court of competent jurisdiction in Yakima County, Washington. Kindly indicate your acceptance of the foregoing by signing and returning to us the enclosed duplicate of this letter. Yours faithfully 7 for d on behalf of BLINK ENTERTAINMENT LIMITED T/A BLINK FILMS Read and agreed by CITY OF YAKIMA, WA Cliff Moqr•, City Manager CITY CONTRACT NO: j‘.70/P 3 RESOLUTION NO: /% /4 G/