1 Allen, Louise From: Allen, Louise Sent: Friday, March 28, 2014 4:09 PM To: 'Stevie Nelson' Cc: Herrera, Terri; Luehrs, Dawn; Zechowy, Linda; Carretta, Annemarie; Barnes, Britianey; Medina, Esther Subject: RE: Battle Creek - copies for your files=Part 1 Thank you for the updates Stevie! Louise Allen Risk Management T: (519) 273‐3678 From: Stevie Nelson [mailto:[email protected]] Sent: Friday, March 28, 2014 2:47 PM To: Allen, Louise Cc: Herrera, Terri; Luehrs, Dawn; Zechowy, Linda; Carretta, Annemarie; Barnes, Britianey; Medina, Esther Subject: Re: Battle Creek - copies for your files=Part 1 Dear Louise - The Desmond & Florence ended up being cancelled locations . We also never used CVS- their corporate legal never responded to our requested changes & we just an out of time to get it done- it was a drag not getting the lot but we managed although Transpo had a very tough day.. Cranium & Jack Lietzke Studios are not location dept contracts. Lietzke should be a Transpo dept thing, Cranium is a complete mystery to me. Stevie Nelson,LMGA Battle Creek Location Dept. Woodridge Productions,Inc/Sony Pictures Television 1600 Rosecrans Ave. 2nd Floor South Manhattan Beach, CA 90266 818.538.9396 cell 310-727-2900 office Stevie Nelson, LMGA Teamsters 399 www.LocationManagers.org "Promoting Excellence On Location Worldwide" On Fri, Mar 28, 2014 at 9:30 AM, Allen, Louise <[email protected]> wrote: Stevie … I am missing the following executed copies for your show …
Medina, EstherSubject: RE: Battle Creek - copies for your files=Part 1
Thank you for the updates Stevie! Louise Allen Risk Management T: (519) 273‐3678
From: Stevie Nelson [mailto:[email protected]] Sent: Friday, March 28, 2014 2:47 PM To: Allen, Louise Cc: Herrera, Terri; Luehrs, Dawn; Zechowy, Linda; Carretta, Annemarie; Barnes, Britianey; Medina, Esther Subject: Re: Battle Creek - copies for your files=Part 1 Dear Louise - The Desmond & Florence ended up being cancelled locations . We also never used CVS- their corporate legal never responded to our requested changes & we just an out of time to get it done- it was a drag not getting the lot but we managed although Transpo had a very tough day..
Cranium & Jack Lietzke Studios are not location dept contracts. Lietzke should be a Transpo dept thing, Cranium is a complete mystery to me. Stevie Nelson,LMGA Battle Creek Location Dept. Woodridge Productions,Inc/Sony Pictures Television 1600 Rosecrans Ave. 2nd Floor South Manhattan Beach, CA 90266 818.538.9396 cell 310-727-2900 office Stevie Nelson, LMGA Teamsters 399 www.LocationManagers.org "Promoting Excellence On Location Worldwide"
On Fri, Mar 28, 2014 at 9:30 AM, Allen, Louise <[email protected]> wrote:
Stevie … I am missing the following executed copies for your show …
We are waiting to hear back from their corporate - obviously we didn't make it today. At this point I'd be happy w/ just Wed. Stevie Nelson,LMGA Battle Creek Location Dept. Woodridge Productions,Inc/Sony Pictures Television 1600 Rosecrans Ave. 2nd Floor South Manhattan Beach, CA 90266 818.538.9396 cell 310-727-2900 office Stevie Nelson, LMGA Teamsters 399 www.LocationManagers.org "Promoting Excellence On Location Worldwide"
On Mon, Mar 17, 2014 at 2:28 PM, Allen, Louise <[email protected]> wrote:
Thanks Aaron!
Stevie, were the changes accepted? We require a signed copy of the agreement for our files when it is finalized.
Thanks,
Louise Allen
Risk Management
T: (519) 273‐3678
2
From: Au, Aaron Sent: Friday, March 14, 2014 6:08 PM To: Allen, Louise; Stevie Nelson Cc: Carretta, Annemarie; Herrera, Terri; Luehrs, Dawn; Zechowy, Linda; Medina, Esther; [email protected]; Barnes, Britianey
From: Allen, Louise Sent: Friday, March 14, 2014 1:13 PM To: Stevie Nelson; Au, Aaron Cc: Carretta, Annemarie; Herrera, Terri; Luehrs, Dawn; Zechowy, Linda; Medina, Esther; [email protected] Subject: RE: BATTLE CREEK - CVS Parking Agreement- RUSH [issue cert]
Stevie/Aaron … please use this revised mark‐up as I inserted the entities the vendor wants to include as additional insureds into the contract in paragraph 7.
Thanks,
Louise Allen
Risk Management
T: (519) 273‐3678
From: Allen, Louise Sent: Friday, March 14, 2014 4:07 PM To: 'Stevie Nelson'; Au, Aaron Cc: Carretta, Annemarie; Herrera, Terri; Luehrs, Dawn; Zechowy, Linda; Medina, Esther; '[email protected]' Subject: RE: BATTLE CREEK - CVS Parking Agreement- RUSH [issue cert]
Aaron … please prepare this cert for Stevie. We are using the property on Monday morning at 6 a.m.
GARFIELD BEACH CVS, L.L.C., ITS SUCCESSORS AND/OR ASSIGNS AND CVS CAREMARK CORPORATION, ITS SUCCESSORSAND/OR ASSIGNS ARE ADDED AS AN ADDITIONAL INSURED AND/OR LOSS PAYEE, AS APPLICABLE, BUT ONLY AS RESPECTSPREMISES/VEHICLES AND EQUIPMENT LEASED/RENTED BY THE NAMED INSURED IN CONNECTION WITH THE FILMINGACTIVITIES OF THE PRODUCTION ENTITLED “BATTLE CREEK”.
11/1/2014
A- LOCKTON COMPANIES, INC.1185 AVENUE OF THE STARS, SUITE 2010, NY. NY. 10036B- AON/ALBERT G. RUBEN & CO., INC.15303 VENTURA BL., SUITE 1200, SHERMAN OAKS, CA
MPT 07109977 8/1/2013 8/1/2014 $1,000,000 LIMITB
CU 6404747-03 11/1/2013 11/1/2014
WOODRIDGE PRODUCTIONS INC.MBS MEDIA CAMPUS1600 ROSECRANS AVE.BUILDING 2A, 2ND FLOOR, SOUTH WINGMANHATTAN BEACH, CA 90266
CLL 6404745-03 11/1/2013 11/1/2014
1,000,000
1,000,000
1,000,000
2,000,0001,000,000
10,0001,000,0001,000,000
XX
X
X
X
X
GARFIELD BEACH CVS, L.L.C.
ONE CVS DRIVEWOONSOCKET, RHODE ISLAND 02895
A
A
A
FIREMAN’S FUND INSURANCE COMPANY
TOKIO MARINE AMERICA INS. CO.
102621
X
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER
INSURED
CONTACTNAMEPHONE(A/C, No, Ext):
FAX(A/C, No):
E-MAILADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURER F:
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGESTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRLTR TYPE OF INSURANCE
ADDLINSR POLICY NUMBER
SUBRWVD (MM/DD/YYYY)
POLICY EFF(MM/DD/YYYY)POLICY EXP LIMITS
EACH OCCURRENCEDAMAGE TO RENTEDPREMISES (Ea occurrence)
AND EMPLOYERS’ LIABILITYANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?(Mandatory in NH)If yes, describe underDESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
LOCATION AGREEMENT Name of Production (the “Picture”): “Battle Creek” Address of Property (the “Premises”): CVS Pharmacy 10889 Wellworth Avenue Los Angeles, CA 90024 Notice Address for Licensor: Garfield Beach CVS, L.L.C. One CVS Drive Woonsocket, Rhode Island 02895 Attn: Property Administration (#9576) This Location Agreement is dated as of March 14, 2014 and is entered into by [Woodridge Productions, Inc., with an address of 1600 Rosecrans Avenue, Building 2A, Second Floor, South Wing, Manhattan Beach, California 90266] ( “Licensee”) and Garfield Beach CVS, L.L.C. (“Licensor”). The terms and conditions follow: 1. Licensor, as tenant of the Premises described herein, hereby grants to Licensee, during the Term (as defined below), the non-exclusive right to enter and to use that portion of the Premises constituting a portion of parking lot outlined in red on Exhibit A attached hereto and incorporated by reference herein, for the sole purpose of parking equipment trucks while filing at 10880 Wilshire Boulevard, Los Angeles, California (the “Filming Site”) and for no other purpose or use. No filming of any portion of the interior or exterior of the Premises is to take place. Licensee shall not photograph, reproduce, replicate or use the real and/or personal property of Licensor, including, without limitation, the name, trademark, signs, and identifying features thereof for any purpose. Upon the expiration of the Term (as defined below), any such equipment brought onto the Premises shall be removed by Licensee, at Licensee’s sole cost and expense.
2. Licensee may have such non-exclusive use of the Premises commencing at 6:00 a.m. on March 17, 2014 and may continue to use the Premises until the completion of Licensee’s proposed scenes and work at the Filming Site, estimated to require about ____ hours of use, ending, however, no later than about 6:00 a.m. on March 20, 2014 (the “Term”). Licensee agrees to take all appropriate measures necessary so as not to disrupt the ordinary operations in said Premises. Notwithstanding the foregoing, if Licensee is unable to work on the Premises during any day during the Term because of an event of force majeure, including but not limited to illness of actors, producers, directors, or other essential artists and crew, or weather conditions or any other occurrence beyond Licensee’s control, Licensee shall have the right to use the Premises (without additional charge) for as many days as were missed commencing on the first day following the end of such event.
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3. In full consideration for all of Licensor’s obligations under this Agreement and all rights being granted to Licensee, Licensee agrees to pay to Licensor the sum of $4,500.00 (“Basic Payment”) for the Term. The Basic Payment shall be paid to Licensor contemporaneously with execution of this Location Agreement. 4. Except if due to the negligence or willful misconduct of the Indemnities, Licensee agrees to indemnify, defend and hold Licensor, it agents, employees, contractors and the owner of the property on which the Premises is located (the “Indemnities”) harmless from any third party claims for damage or injury arising during Licensee’s occupancy of the Premises and/or caused by Licensee or Licensee’s agents, employees or contractors. Licensor agrees to hold Licensee free from any third party claims for damage or injury arising during Licensee’s occupancy of the Premises and caused by Licensor’s negligence or the negligence of Licensor’s agents, employees and contractors or the Indemnities. Licensee agrees to leave the Premises in as good order and condition as when received by Licensee, reasonable wear and tear excepted, and Licensee, at Licensee’s cost and expense, shall remove all of its vehicles, sets, structures, and other material and equipment from said Premises. 5. Licensee and Licensor agree to jointly inspect the Premises prior to and following Licensee’s use, specifying in writing all existing damage, if any. 6. Licensee shall not use or sell photography, recordings, depictions, or other references to the Premises for any purpose. 7. Licensee shall maintain Commercial General and Excess/Umbrella Liability insurance, with combined policy limits of at least $2,000,000.00 per occurrence for bodily injury and for property damage with respect to the Premises. Such insurance shall name Garfield Beach CVS, L.L.C., its successors and/or assigns and CVS Caremark Corporation, its successors and/or assignsLicensor as the loss payee and the owner of the Premises as the additional insured as their interests may appear. Licensee shall make available to Licensor a certificate of insurance as evidence of all insurance required to be carried by Licensee under the provisions of this Location Agreement. All insurance coverage required to be carried hereunder: shall be carried with insurance companies licensed to do business in the state in which the Premises is located; shall be rated in the then-most current Best's Insurance Guide (or any successor thereto) as having a general policyholder rating of A- or better and a financial rating of "VIII" or better; and shall require the insured’s insurance carrier to notify the Licensor hereto at least 30 days prior to any cancellation or material modification of such insurance. Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. On or before the effective date of any cancellation or termination, Licensee shall replace the applicable policy of insurance with another policy of insurance (and shall deliver to Licensor certificates of such insurance) in compliance with this paragraph.
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8. Licensor hereby warrants that it has the full right and authority to make and enter into this Agreement and to grant the rights set forth herein, and that the consent of no other party is necessary in order to effectuate the full and complete permission granted herein. 98. This Agreement shall be construed and enforced in accordance with the laws of the State of California applicable to agreements of this nature and Licensor and Licensee hereby consent to the jurisdiction of said State. 109. This Agreement is entered into as of the date indicated below, represents the entire agreement between the parties, and may be amended only in writing signed by the parties. ACCEPTED AND AGREED: Garfield Beach CVS, L.L.C. (“Licensor”) By:_____________________________ Name:
'[email protected]'Subject: RE: BATTLE CREEK - CVS Parking Agreement- RUSH [issue cert]Attachments: CVS Pharmacy - Battle Creek (L&RM).doc
Aaron … please prepare this cert for Stevie. We are using the property on Monday morning at 6 a.m.
Thanks, Louise Allen Risk Management T: (519) 273‐3678
From: Allen, Louise Sent: Friday, March 14, 2014 4:06 PM To: 'Stevie Nelson' Cc: Carretta, Annemarie; Herrera, Terri; Luehrs, Dawn; Zechowy, Linda; Medina, Esther; [email protected] Subject: RE: BATTLE CREEK - CVS Parking Agreement- RUSH See combined comments from Risk Mgmt & Legal attached. Risk Mgmt will have to issue the cert. We will have a copy of the cert later today but not before 6 p.m. ET.
Thanks, Louise Allen Risk Management T: (519) 273‐3678
From: Stevie Nelson [mailto:[email protected]] Sent: Friday, March 14, 2014 4:00 PM To: Allen, Louise Cc: Carretta, Annemarie; Herrera, Terri; Luehrs, Dawn; Zechowy, Linda; Medina, Esther; [email protected] Subject: Re: BATTLE CREEK - CVS Parking Agreement- RUSH thank you Stevie Nelson,LMGA Battle Creek Location Dept. Woodridge Productions,Inc/Sony Pictures Television 1600 Rosecrans Ave. 2nd Floor South Manhattan Beach, CA 90266 818.538.9396 cell
On Fri, Mar 14, 2014 at 12:58 PM, Allen, Louise <[email protected]> wrote:
Stevie … I’m reviewing now and will send the combined legal/risk mgmt comments shortly. I can see Annemarie’s changes.
Thanks,
Louise Allen
Risk Management
T: (519) 273‐3678
From: Stevie Nelson [mailto:[email protected]] Sent: Friday, March 14, 2014 3:57 PM To: Carretta, Annemarie Cc: Herrera, Terri; Luehrs, Dawn; Allen, Louise; Zechowy, Linda; Medina, Esther; [email protected] Subject: Re: BATTLE CREEK - CVS Parking Agreement- RUSH
The only thing that I see is the agreement sent to you. Can you please re-sendwith your comments?
Stevie Nelson,LMGA Battle Creek Location Dept. Woodridge Productions,Inc/Sony Pictures Television 1600 Rosecrans Ave. 2nd Floor South Manhattan Beach, CA 90266 818.538.9396 cell 310-727-2900 office
1 CVS Store 9576
LOCATION AGREEMENT Name of Production (the “Picture”): “Battle Creek” Address of Property (the “Premises”): CVS Pharmacy 10889 Wellworth Avenue Los Angeles, CA 90024 Notice Address for Licensor: Garfield Beach CVS, L.L.C. One CVS Drive Woonsocket, Rhode Island 02895 Attn: Property Administration (#9576) This Location Agreement is dated as of March 14, 2014 and is entered into by [Woodridge Productions, Inc., with an address of 1600 Rosecrans Avenue, Building 2A, Second Floor, South Wing, Manhattan Beach, California 90266] ( “Licensee”) and Garfield Beach CVS, L.L.C. (“Licensor”). The terms and conditions follow: 1. Licensor, as tenant of the Premises described herein, hereby grants to Licensee, during the Term (as defined below), the non-exclusive right to enter and to use that portion of the Premises constituting a portion of parking lot outlined in red on Exhibit A attached hereto and incorporated by reference herein, for the sole purpose of parking equipment trucks while filing at 10880 Wilshire Boulevard, Los Angeles, California (the “Filming Site”) and for no other purpose or use. No filming of any portion of the interior or exterior of the Premises is to take place. Licensee shall not photograph, reproduce, replicate or use the real and/or personal property of Licensor, including, without limitation, the name, trademark, signs, and identifying features thereof for any purpose. Upon the expiration of the Term (as defined below), any such equipment brought onto the Premises shall be removed by Licensee, at Licensee’s sole cost and expense.
2. Licensee may have such non-exclusive use of the Premises commencing at 6:00 a.m. on March 17, 2014 and may continue to use the Premises until the completion of Licensee’s proposed scenes and work at the Filming Site, estimated to require about ____ hours of use, ending, however, no later than about 6:00 a.m. on March 20, 2014 (the “Term”). Licensee agrees to take all appropriate measures necessary so as not to disrupt the ordinary operations in said Premises. Notwithstanding the foregoing, if Licensee is unable to work on the Premises during any day during the Term because of an event of force majeure, including but not limited to illness of actors, producers, directors, or other essential artists and crew, or weather conditions or any other occurrence beyond Licensee’s control, Licensee shall have the right to use the Premises (without additional charge) for as many days as were missed commencing on the first day following the end of such event.
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3. In full consideration for all of Licensor’s obligations under this Agreement and all rights being granted to Licensee, Licensee agrees to pay to Licensor the sum of $4,500.00 (“Basic Payment”) for the Term. The Basic Payment shall be paid to Licensor contemporaneously with execution of this Location Agreement. 4. Except if due to the negligence or willful misconduct of the Indemnities, Licensee agrees to indemnify, defend and hold Licensor, it agents, employees, contractors and the owner of the property on which the Premises is located (the “Indemnities”) harmless from any third party claims for damage or injury arising during Licensee’s occupancy of the Premises and/or caused by Licensee or Licensee’s agents, employees or contractors. Licensor agrees to hold Licensee free from any third party claims for damage or injury arising during Licensee’s occupancy of the Premises and caused by Licensor’s negligence or the negligence of Licensor’s agents, employees and contractors or the Indemnities. Licensee agrees to leave the Premises in as good order and condition as when received by Licensee, reasonable wear and tear excepted, and Licensee, at Licensee’s cost and expense, shall remove all of its vehicles, sets, structures, and other material and equipment from said Premises. 5. Licensee and Licensor agree to jointly inspect the Premises prior to and following Licensee’s use, specifying in writing all existing damage, if any. 6. Licensee shall not use or sell photography, recordings, depictions, or other references to the Premises for any purpose. 7. Licensee shall maintain Commercial General and Excess/Umbrella Liability insurance, with combined policy limits of at least $2,000,000.00 per occurrence for bodily injury and for property damage with respect to the Premises. Such insurance shall name Licensor as the loss payee and the owner of the Premises as the additional insured. Licensee shall make available to Licensor a certificate of insurance as evidence of all insurance required to be carried by Licensee under the provisions of this Location Agreement. All insurance coverage required to be carried hereunder: shall be carried with insurance companies licensed to do business in the state in which the Premises is located; shall be rated in the then-most current Best's Insurance Guide (or any successor thereto) as having a general policyholder rating of A- or better and a financial rating of "VIII" or better; and shall require the insured’s insurance carrier to notify the Licensor hereto at least 30 days prior to any cancellation or material modification of such insurance. Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. On or before the effective date of any cancellation or termination, Licensee shall replace the applicable policy of insurance with another policy of insurance (and shall deliver to Licensor certificates of such insurance) in compliance with this paragraph.
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8. Licensor hereby warrants that it has the full right and authority to make and enter into this Agreement and to grant the rights set forth herein, and that the consent of no other party is necessary in order to effectuate the full and complete permission granted herein. 98. This Agreement shall be construed and enforced in accordance with the laws of the State of California applicable to agreements of this nature and Licensor and Licensee hereby consent to the jurisdiction of said State. 109. This Agreement is entered into as of the date indicated below, represents the entire agreement between the parties, and may be amended only in writing signed by the parties. ACCEPTED AND AGREED: Garfield Beach CVS, L.L.C. (“Licensor”) By:_____________________________ Name:
Date: March 14, 2014 Tax I.D. #/SS#___________________ Telephone No.___________________
1
Allen, Louise
From: Allen, LouiseSent: Friday, March 14, 2014 3:59 PMTo: Carretta, AnnemarieSubject: RE: BATTLE CREEK - CVS Parking Agreement- RUSH
Done! I read it backwards the first time too!
Thanks, Louise Allen Risk Management T: (519) 273‐3678
From: Carretta, Annemarie Sent: Friday, March 14, 2014 3:58 PM To: Allen, Louise Subject: RE: BATTLE CREEK - CVS Parking Agreement- RUSH You are absolutely right—read it backwards!! Do you mind fixing? Best, Annemarie _____________________________________________________________ ANNEMARIE CARRETTA |Vice President, Legal Affairs | Sony Pictures Television Inc. 10202 West Washington Blvd., Harry Cohn 109, Culver City, CA 90232 310.244.8231 | 310.244.1477| [email protected] This email (and any attachments) is intended solely for the individual(s) to whom addressed. It may contain confidential and/or legally privileged information. Any statements or opinions therein are not necessarily those of Sony Pictures Entertainment and its subsidiaries unless specifically stated. Any unauthorized use, disclosure or copying is prohibited. If you have received this email in error, please notify the sender and delete it from your system immediately. Security and reliability of the e‐mail and attachments are not guaranteed. Recipient takes full responsibility for virus checking.
From: Allen, Louise Sent: Friday, March 14, 2014 12:56 PM To: Carretta, Annemarie Subject: RE: BATTLE CREEK - CVS Parking Agreement- RUSH I’m just reviewing now but I think we want to keep the original wording in the 2nd sentence of p. 4 since that is their oblig to indemnify us? Wanted to run it past you before I removed your change to that sentence.
Thanks, Louise Allen Risk Management T: (519) 273‐3678
Please see my comments in the attached, and hold for Risk Management. Thank you, Annemarie _____________________________________________________________ ANNEMARIE CARRETTA |Vice President, Legal Affairs | Sony Pictures Television Inc. 10202 West Washington Blvd., Harry Cohn 109, Culver City, CA 90232 310.244.8231 | 310.244.1477| [email protected] This email (and any attachments) is intended solely for the individual(s) to whom addressed. It may contain confidential and/or legally privileged information. Any statements or opinions therein are not necessarily those of Sony Pictures Entertainment and its subsidiaries unless specifically stated. Any unauthorized use, disclosure or copying is prohibited. If you have received this email in error, please notify the sender and delete it from your system immediately. Security and reliability of the e‐mail and attachments are not guaranteed. Recipient takes full responsibility for virus checking.
From: Stevie Nelson [mailto:[email protected]] Sent: Friday, March 14, 2014 12:22 PM To: Carretta, Annemarie; Herrera, Terri; Luehrs, Dawn; Allen, Louise; Zechowy, Linda; Medina, Esther Cc: [email protected] Subject: BATTLE CREEK - CVS Parking Agreement- RUSH
Dear Ladies, Here is an agreement for CVS parking w/ an insurance info. We are planning on parking there for our filming at an office building we are shooting on Wed march 19th. We will be PREPPING MARCH 17th. They want to park in this lot on Monday.
Cheryl Green is on the east coast- can we get this approved & back to her by 1:30pm our time? She won't be there later than that...sigh....whatever you can do would be greatly appreciated!
Carlyn, Per our discussion, attached is a draft of CVS’ form of location agreement. I am also attaching the Exhibit A which you provided to Mary. Please review and let me know if you have any questions or comments. I am still in the process of determining if we have received all necessary approvals. The name on the certificate of insurance should be Garfield Beach CVS, L.L.C., its successors and/or assigns and CVS Caremark Corporation, its successors and/or assigns.
In addition, please note, that this agreement is still subject to review by and approval of CVS. The delivery of this draft shall in no event be deemed to be an offer to use the Premises but shall be merely a part of the negotiations between the parties. Neither party hereto shall have any obligation or liability to the other whatsoever at law or in equity (including any claims for detrimental reliance or promissory estoppel) unless and until such time as both parties shall have executed and delivered this Location Agreement.
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Thank you. Cheryl Green
Cheryl A. Green | CVS Caremark | Legal Counsel - Real Estate | Phone: 401-770-7076 | Fax: 401-257-6683 | One CVS Drive, Mail Code 1160, Woonsocket, RI 02895 | E-MAIL: [email protected] Stevie Nelson,LMGA Battle Creek Location Dept. Woodridge Productions,Inc/Sony Pictures Television 1600 Rosecrans Ave. 2nd Floor South Manhattan Beach, CA 90266 818.538.9396 cell 310-727-2900 office Stevie Nelson, LMGA Teamsters 399 www.LocationManagers.org "Promoting Excellence On Location Worldwide"
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LOCATION AGREEMENT Name of Production (the “Picture”): “Battle Creek” Address of Property (the “Premises”): CVS Pharmacy 10889 Wellworth Avenue Los Angeles, CA 90024 Notice Address for Licensor: Garfield Beach CVS, L.L.C. One CVS Drive Woonsocket, Rhode Island 02895 Attn: Property Administration (#9576) This Location Agreement is dated as of March 14, 2014 and is entered into by [Woodridge Productions, Inc., with an address of 1600 Rosecrans Avenue, Building 2A, Second Floor, South Wing, Manhattan Beach, California 90266] ( “Licensee”) and Garfield Beach CVS, L.L.C. (“Licensor”). The terms and conditions follow: 1. Licensor, as tenant of the Premises described herein, hereby grants to Licensee, during the Term (as defined below), the non-exclusive right to enter and to use that portion of the Premises constituting a portion of parking lot outlined in red on Exhibit A attached hereto and incorporated by reference herein, for the sole purpose of parking equipment trucks while filing at 10880 Wilshire Boulevard, Los Angeles, California (the “Filming Site”) and for no other purpose or use. No filming of any portion of the interior or exterior of the Premises is to take place. Licensee shall not photograph, reproduce, replicate or use the real and/or personal property of Licensor, including, without limitation, the name, trademark, signs, and identifying features thereof for any purpose. Upon the expiration of the Term (as defined below), any such equipment brought onto the Premises shall be removed by Licensee, at Licensee’s sole cost and expense.
2. Licensee may have such non-exclusive use of the Premises commencing at 6:00 a.m. on March 17, 2014 and may continue to use the Premises until the completion of Licensee’s proposed scenes and work at the Filming Site, estimated to require about ____ hours of use, ending, however, no later than about 6:00 a.m. on March 20, 2014 (the “Term”). Licensee agrees to take all appropriate measures necessary so as not to disrupt the ordinary operations in said Premises. Notwithstanding the foregoing, if Licensee is unable to work on the Premises during any day during the Term because of an event of force majeure, including but not limited to illness of actors, producers, directors, or other essential artists and crew, or weather conditions or any other occurrence beyond Licensee’s control, Licensee shall have the right to use the Premises (without additional charge) for as many days as were missed commencing on the first day following the end of such event.
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3. In full consideration for all of Licensor’s obligations under this Agreement and all rights being granted to Licensee, Licensee agrees to pay to Licensor the sum of $4,500.00 (“Basic Payment”) for the Term. The Basic Payment shall be paid to Licensor contemporaneously with execution of this Location Agreement. 4. Licensee agrees to indemnify, defend and hold Licensor, it agents, employees, contractors and the owner of the property on which the Premises is located harmless from any third party claims for damage or injury arising during Licensee’s occupancy of the Premises and/or caused by Licensee or Licensee’s agents, employees or contractors. Licensor agrees to hold Licensee free from any third party claims for damage or injury arising during Licensee’s occupancy of the Premises and except as caused by Licensor’s negligence or the negligence of Licensor’s agents, employees and contractors. Licensee agrees to leave the Premises in as good order and condition as when received by Licensee, reasonable wear and tear excepted, and Licensee, at Licensee’s cost and expense, shall remove all of its vehicles, sets, structures, and other material and equipment from said Premises. 5. Licensee and Licensor agree to jointly inspect the Premises prior to and following Licensee’s use, specifying in writing all existing damage, if any. 6. Licensee shall not use or sell photography, recordings, depictions, or other references to the Premises for any purpose. 7. Licensee shall maintain General Liability insurance, with combined policy limits of at least $2,000,000.00 per occurrence for bodily injury and for property damage with respect to the Premises. Such insurance shall name Licensor as the loss payee and the owner of the Premises as the additional insured. Licensee shall make available to Licensor evidence of all insurance required to be carried by Licensee under the provisions of this Location Agreement. All insurance coverage required to be carried hereunder: shall be carried with insurance companies licensed to do business in the state in which the Premises is located; shall be rated in the then-most current Best's Insurance Guide (or any successor thereto) as having a general policyholder rating of A- or better and a financial rating of "VIII" or better; and shall require the insured’s insurance carrier to notify the Licensor hereto at least 30 days prior to any cancellation or material modification of such insurance. 8. Licensor hereby warrants that it has the full right and authority to make and enter into this Agreement and to grant the rights set forth herein, and that the consent of no other party is necessary in order to effectuate the full and complete permission granted herein. 98. This Agreement shall be construed and enforced in accordance with the laws of the State of California applicable to agreements of this nature and Licensor and Licensee hereby consent to the jurisdiction of said State.
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109. This Agreement is entered into as of the date indicated below, represents the entire agreement between the parties, and may be amended only in writing signed by the parties. ACCEPTED AND AGREED: Garfield Beach CVS, L.L.C. (“Licensor”) By:_____________________________ Name:
