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HomeMy WebLinkAbout5829PARK USE AGREEMENT This Agreement is made and entered into as of the date fully executed below, by and between the CITY OF BREMERTON, a Washington municipal corporation ("City"), and LIONS SHORT FILM LLC, an Ohio domestic limited liability company ("Permittee"). WHEREAS, City is the owner of certain real property in the City of Bremerton, Kitsap County, Washington, commonly known as Harborside Fountain Park, located at 243 and 251 1St Street, Bremerton, Washington (hereinafter 'Property"); and WHEREAS, Permittee desires to utilize the Property for one day for the purpose of filming one scene for a movie and the City is willing to authorize such use in exchange for a fee; and WHEREAS, the Director of Parks and Recreation (hereinafter "Director"), at his discretion, may authorize the exclusive use of City parks on a limited basis for special events and activities in accordance with department policies. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the parties hereto, it is agreed: 1. INCORPORATION OF RECITALS: The foregoing recitals are incorporated herein by this reference and made a part hereof. 2. USE: City hereby authorizes Permittee the exclusive use of the Property for the purpose of filming a scene for a movie ("Use"). The following parameters must also be met, and are included in the definition of "Use": (a) Permittee's Use of the Property is limited to one weekday in July 2018, as follows: 'Z '! a1y . Another date may be agreed upon by the Director and Permittee in writing if requested by Permittee, and an additional fee may be required by the City. The City may change the date upon thirty (30) days written notice to Permittee. The City may change the date upon shorter notice in case of an emergency; this change must be reasonable and must only occur if the City needs to use the Property for an unforeseen repair or other similar circumstance. (b) The Use shall commence no earlier than 2:00 p.m. and end no later than 11:00 p.m., including all set-up and clean-up. (c) The Use will be exclusive, and Permittee agrees to only use as much space on the Property as is absolutely necessary for Permittee's filming activity. Permittee may close off the area(s) of the Property necessary for its Use. 1 — LIONS, LLC Harborside Fountain Park Use Agreement (d) The filming is for one scene wherein two people are meeting; no action scenes, stunt work, or other physical activity beyond normal park activity are allowed under this Agreement. (e) Permittee shall allow no more than fif aen `(15) people on the Property, including actors, staff, and any other individuals associated with Permittee's activities. (f) Permittee may not drive a vehicle onto the Property. However, a private City - owned driveway exists near the Property which is accessible to Parks and Recreation vehicles; this access may be made available to Permittee upon coordination with Parks and Recreation staff. 3. USE CONDITIONS: Permittee, for itself and its successors and assigns, covenants as follows: (a) This authorization is given only for the above stated Use. Any extension or modification of the scope of the Use must be approved in writing by the Director. (b) Permittee shall maintain the Property in good condition and shall be responsible for any damage resulting from its Use. (c) Permittee shall be responsible for the clean-up and removal of litter, debris, equipment and all other items resulting from its Use. (d) Permittee will inform the Director or his designee of any damage to the Property immediately. (e) No sale of any items shall take place on the Property. (f) No alcohol or non -prescribed drug shall be consumed on the Property, and no person under the influence of any such substance shall be allowed onto the Property by Permittee. 4. CONSIDERATION: In consideration for the Use stated herein, Permittee shall pay a fee in the amount of three hundred dollars and zero cents ($300.00). 5. TERMINATION: This Agreement shall terminate upon completion of the Use. In the event Permittee fails to observe or perform any of the covenants, conditions, or provisions of this Agreement, the Director or his designee may immediately terminate Permittee's Use. 6. INDEMNIFICATION: Permittee shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Permittee's Use of the Property pursuant to this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. 2 — LIONS, LLC Harborside Fountain Park Use Agreement IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES PERMITTEE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 7. INSURANCE: Permittee shall procure and maintain for the duration of its Use insurance against claims for injuries to persons or damage to property arising from or in connection with the Use by Permittee, its agents, representatives, employees or subcontractors. To the extent Permittee wishes to exclude actors from all required insurance coverage for subcontractors under this Agreement, Permittee must provide the City with waivers signed by the actors that explicitly cover the City within the waivers. Prior to the date of Use, Permittee shall provide to the City a Certificate of Insurance evidencing: (a) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and (b) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $1,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operationsibroad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. The above insurance limits do not affect Permittee's duty to indemnify the City in the event the limits are insufficient to cover any injury or damage that may occur in connection with the Use of the Property. Any payment of deductible or self-insured retention shall be the sole responsibility of Permittee. The City shall be named as an additional insured on the insurance policy, with respect to Permittee's Use of the Property, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. Permittee's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 3 — LIONS, LLC Harborside Fountain Park Use Agreement Permittee's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. 8. MISCELLANEOUS PROVISIONS: The following provisions apply to this Agreement: (a) Governing law and Venue. This Agreement shall be construed and interpreted pursuant to Washington law and any controversy or interpretation hereof shall be by the state courts of Washington with venue in Kitsap County, Washington. (b) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. (c) Entire Agreement. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof. All prior negotiations, agreements, representations, or warranties shall be of no further force or effect and are superseded by this Agreement. (d) Severability. In the event that one or more provisions of this Agreement are determined to be invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as of the day and year signed below. CITY F BREMERTON LIONS, LLC � :? BY: BY: i Mayor Its: rfi DATE: 3 l I Zo 1 $ DATE: Approved as to form: A1-7 City Attorney' — 4 — LIONS, LLC Harborside Fountain Park Use Agreement ACoR00 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 03/28/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lisa Caracciolo X COMMERCIAL GENERAL LIABILITY NAME: Taylor & Taylor Ltd. PHONE(212)490-8511 212 490-7236 ( ) o Ext): A/C, No): A/C No. 271 Madison Avenue E-MAIL Icaracciolo@taylorinsurance.com CLAIMS -MADE O UR ADDRESS: 5th Floor INSURER(S) AFFORDING COVERAGE NAIC # New York NY 10016-1001 INSURERA: Fireman's Fund Insurance Company 21873 INSURED INSURER B Hanford Creative LLC INSURER C: Iianfoi LLC INSURER D: 6651 Corrine Drive NW INSURER E: Canton OH 44718 INSURER F: COVERAGES CERTIFICATE NUMBER: 17-18 REVISION Nt1MRFR. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 / CLAIMS -MADE O UR PREMISE7(17,9c currence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 A XPK80980118 07/11/2017 09/Q8/2018 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ PECT ❑ LOC PRODUCTS - COMP/OP AGG $ 1,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY �, / N STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below PRODUCTION PACKAGE A MPT07203769 09/08/2017 09/08/2018 SEE ATTACHED DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is included as Additional _ "red on the General Liability Policy with respect to claims arising out of the negligence of the Named Insured. RE: Harborside Fountain Park. 1 C nvLUCtt SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street, Suite 100 AUTHORIZED REPRESENTATIVE Bremerton WA 98337 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS INSURED: Hanford Creative LLC, &/or Hanford Productions LLC PRODUCTION PACKAGE POLICY COMPANY: New York Marine & General Insurance Co. POLICY # MPT07203769 PERIOD: September 8, 2017 - 2018 COVERAGE LIMIT DEDUCTIBLE Props/Sets/Wardrobe $ 300,000 $1,500 Third Party Property Damage $1,000,000 $1,500 Miscellaneous Equipment $1,000,000 $2,500 COVF,rag(,: Sp�-,ri al Firm Valuation: Replacement Cost Territory: Worldwide (including transit) Hired Auto Physical Damage: Limit: Included in Miscellaneous Equipment Deductible: 100 of Loss Subject to $2,500 Min./$7,500 Max. Valuation: Actual Cash Value ' OFREMARK COPYRIGHT 2000, AMS SERVICES INC. ' Additional Insured - Designated Person or Organization - 600008E 10 90 Policy Amendment - Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Insured: HANFORD CREATIVE LLC Policy Number: E 92 XPK 80980118 Producer: TAYLOR & TAYLOR ASSOC. , INC. Effective Date: 07-11-17 Schedule Name of Person or Organization All personal service or loan out corporations while acting within the scope of their duties for you. City of Bremerton 345 6th Street, Suite 100 Bremerton WA 98337 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to All other terms and conditions remain unchanged. liability arising out of your operations or premises owned by or rented to you. This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy Secretary V President 600008E10 -90R Contains Copyrighted Material of Insurance ServicesOffice, Inc., 1984 - � �1' (3 (ri A�;® L/ CERTIFICATE OF LIABILITY INSURANCE DATE (MMI20118 Y) DD1YY CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 06/01/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lisa Caracciolo NAME: Taylor &Taylor Ltd. PHONE (212)490-8511 (212)490-7236 A/C No Ext): AIC, No 271 Madison Avenue E-MAIL Icaracciolo@taylorinsurance.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # 5th Floor INSURERA: Fireman's Fund Insurance Company 21873 New York NY 10016-1001 INSURED INSURER B: Hanford Creative LLC INSURERC: Hanford Productions LLC INSURERD: 6651 Corrine Drive NW INSURER E: r, Canton OH 44718 INSURER F: COVERAGES CERTIFICATE NUMBER: 17-18 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 \F_x1 PERSONAL BADV INJURY $ 1,000,000 A XPK80980118 07/11/2017 ` /. V 0908/2018 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑ JECT PRO F—] LOC GENERAL AGGREGATE $ 2,000,00,,:'` PRODUCTS - COMP/OP AGG $ 1,000, 00,' $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000;110 Ea accident BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS XPK80980118 05/14/2018 09/08/2018 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?(Mandatory ❑ NIA FE.L.ACH DISEASE- EA EMPLOYEE $ in NH) Ifyes, describe under DESCRIPTION OF OPERATIONS below DISEASE- POLICY LIMIT $ PRODUCTION PACKAGE A MPT07203769 09/08/2017 09/08/2018 SEE ATTACHED DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLE CORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is included as Additiontured on the General Liability Policy with respect to claims arising out of the negligence of the Named Insured. +�C�4 L�Se�r CERTIFICATE HOLDER CANCELLATION @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street, Suite 100 AUTHORIZED REPRESENTATIVE Bremerton WA 98337 i1Q @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS INSURED: Hanford Creative LLC, &/or Hanford Productions LLC PRODUCTION PACKAGE POLICY COMPANY: New York Marine & General Insurance Co. POLICY # MPT07203769 PERIOD: September 8, 2017 - 2018 COVERAGE LIMIT DEDUCTIBLE Props/Sets/Wardrobe $ 300,000 $1,500 Third Party Property Damage $1,000,000 $1,500 Miscellaneous Equipment $1,000,000 $2,500 Coverage: Special Form Valuation: Replacement Cost Territory: Worldwide (including transit) Hired Auto Physical Damage: Limit: Included in Miscellaneous Equipment Deductible: 100 of Loss Subject to $2,500 Min./$7,500 Max. Valuation: Actual Cash Value I OFREMARK COPYRIGHT 2000, AMS SERVICES INC. I