PERMIT MUST BE ON-SITE WITH PERMITTEE AT ALL TIMES
Woodridge Productions, Inc.
PERMIT FOR USE OF PROPERTY (Short Term Use Only) Permit No.:_
Name of Permittee:
Universal Network Television – The Blacklist
Address:
Pier 62, West 23rd Street New York, NY 10011
Contact/Name & Title: Email:
Tom Scutro
[email protected]
Cell Phone:
917-882-5975
hereinafter referred to as “Permittee” and, the Hudson River Park Trust, hereinafter referred to as “the Trust”. WHEREAS, the Hudson River Park Trust, pursuant to the Hudson River Park Act, Chapter 592 of the laws of 1998 of the State of New York, is responsible for development, operation and maintenance of the Hudson River Park and its improvements therein including the subject property; and WHEREAS, the Permittee wishes to use said property, specifically in the location of: North Side of Pier 62 WHEREAS, the Permittee acknowledges that they may not close any areas of Hudson River Park to public access without written consent by Hudson River Park Trust; and said property is to be used only FOR THE PURPOSE OF: Filming of Scene for “The Blacklist” NOW, THEREFORE, the Trust hereby grants this Permit to the Permittee, subject to the following covenants and conditions: 1. The property covered by this permit shall be used for no other purpose whatsoever than for: i. _x_ Film/Video _ Photography __ Special Event __ Other ii. Number of people: 60 iii. Number of vehicles: 1 (van generator) iv. Special Equipment: standard high-definition broadcast equipment (cameras, lights, lights, sound equipment, monitors, generator, etc.)
2. The Permittee shall use the property during: Friday August 9, 2013 from 4:00pm to 9:00pm
3. The fee to be charged shall be: $4,000 Payments may be made by company or certified check payable to “Hudson River Park Trust.” 4. Hudson River Park Trust may revoke Permits at any time for any reason. 5. Hudson River Park Trust reserves the right to close the Park/areas of the Park for emergencies and/or Pier 40 at W. Houston Street, 2nd Floor, New York, NY 10014
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safety purposes at any time.
Evidence of these coverages may be supplied by Permittee's payroll services company.
6. Permittee will not assign or sublet the premises, or the permit, to any other parties in part or in whole without the prior written consent of the Trust. The parties agree that this instrument is not a lease but is merely a permit to occupy and use, therefore a landlord-tenant relationship is not hereby created. combined and Excess/Umbrella 7. The Permittee, at their expense and for the term of the permit, shall furnish and show evidence of Commercial General Liability Insurance coverage in the amount not less than $ 2,000,000 (combined property damage and/or bodily injury including death) single limit per occurrence. Commercial General Liability insurance, maintained with an insurance carrier authorized to do business in New York, shall name the Hudson River Park Trust, the People of the State of New York, the New York State Executive Department, the New York State Office of Parks, Recreation and Historic Preservation, the New York City Region of State Parks, Recreation and Historic Preservation Commission, the Department of Environmental Conservation, the City of New York, the New York City Department of Parks and Recreation, and each of their commissioners, officers, agents, employees, successors and assigns as additional insureds thereunder. Comprehensive Business Automobile Liability Insurance with a limit of not less than $_1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non owned automobiles All drivers in the Park must be licensed and such licenses must be in good standing. Workers Compensation, Employers Liability, Disability Benefits as required by New York State. If employees will be working on, near or over navigable waters, US Long Shore and Harbor Workers Compensation Act endorsement must be included. If applicable, Jones Act Insurance with a limit not less than $1,000,000.00 (as required); proof of Workers Compensation coverage must be presented on the NYS WCB C-105.2 or equivalent form, proof of Disability Benefits coverage must be provided on a DB-120.1 form. a. The NY State Workers Compensation Board guideline regarding these requirements is available at: http://www.wcb.ny.gov/content/main/forms/AllForms.jsp b. If Exempt from New York Worker Compensation please refer to the following link and provide proof on the CE200 form issued by the NY State Workers Compensation Board: http://www.wcb.ny.gov/content/ebiz/wc_db_exemptions/requestExemptionOverview.jsp c. Proof of Employer Liability is required. Waiver of Subrogation. Sub-Permittee shall cause to be included in each of its policies insuring against loss, damage, or destruction by fire or other insured casualty a waiver of in the insurer's right of subrogation against the Permittee or any of the other additional insured identified, or if such waiver is unobtainable (i) an express agreement that such policy shall not be invalidated if Sub-Permittee waives or has waived before the casualty, the right of recovery against the Permittee or other such additional insured identified or (ii) any other form of permissions for the release of the Permittee or other such additional insured identified. Each insurance carrier must be rated at least "A-" Class "VII" in the most recently published Best's Insurance Report. If, during term of the policy, a carrier's rating falls below "A-" Class "VII", the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the Trust and rated at least "A-" Class "VII" in the most recently published Best's Insurance Report. Within 15 days of the date hereof, and in all cases, prior to the date the park property is scheduled to be used, Permittee shall provide the Trust with Evidence of Insurance reflecting compliance with all requirements contained in this Permit. Acceptance and/or approval by the Trust does not and shall not be construed to relieve Permittee of any obligations, responsibilities or liabilities under this Permit. Pier 40 at W. Houston Street, 2nd Floor, New York, NY 10014
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Permittee shall require its concessionaires, sub-permittees, licensees, contractors and subcontractors to carry insurance with the same limits and provisions as provided herein. 8. Indemnification: a. Permittee shall defend, indemnify and save harmless Hudson River Park Trust, the People of the State of New York, the New York State Executive Department, the New York State Office of Parks, Recreation and Historic Preservation, the New York City Region of State Parks, Recreation and Historic Preservation Commission, the Department of Environmental Conservation, the City of New York, the New York City Department of Parks and Recreation, and each of their commissioners, officers, agents, employees, successors and assigns (“Indemnities”) from and against any and all liabilities, claims, demands, penalties, fines, settlements, damages, costs, expenses and judgments which arise from injury to any person, or persons, including death, or any damage to property of any nature, occasioned wholly or in part by any act(s) or omission(s) of Permittee or of the directors, officers, employees, guests, invitees, contractors, subcontractors, representatives or agents of Permittee, that occur on or in proximity to the permitted location, including but not limited to the adjacent lands under water or dock or water areas, or arise out of or as a result of this Occupancy Permit, or relate to or arise from any and all liens and encumbrances which may be filed or recorded against the Premises or any public improvement lien filed against any funds of the Trust, the State or the City of New York, as a result of actions taken by or on behalf of Permittee, its directors, officers, contractors, subcontractors, agents, representatives, employees, guest or invitees. b. Further, Permittee agrees to defend, indemnify and hold harmless the Trust, the People of the State of New York, the New York State Executive Department, the New York State Office of Parks, Recreation and Historic Preservation, the New York City Region of State Parks, Recreation and Historic Preservation Commission, the Department of Environmental Conservation, the City of New York, the City of New York Department of Parks and Recreation, and each of their respective commissioners, officers, agents, employees, successors and assigns from and against any and all loss, damage or liability of whatever kind or nature, arising out of, or in any way related to the presence, storage, transportation, disposal, release or threatened release of any Hazardous Materials (as hereinafter defined) over, under, in, on or from the Premises caused wholly or in part by Permittee’s acts or omissions, during its occupancy of the premises. For purposes of this paragraph “Hazardous Material” means: i. any “hazardous waste” as defined under the Resource Conservation and Recovery Act, 42 U.S.C. Section 9601 et. seq., or ii. “hazardous substance” as defined under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., or iii. “hazardous materials” as defined under the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., or iv. “hazardous waste” as defined under New York Environmental Conservation Law Section 270901 et seq., or v. “hazardous substance” as defined under the Clean Water Act, 33 U.S.C. 1321 et seq. c. Anything in this Section (8) to the contrary notwithstanding, nothing in this Permit shall be construed to relieve the Trust from responsibility to Permittee for any loss or damage caused Permittee wholly or in part by the negligent acts or omissions of the Trust; except, however, that the Trust shall not be responsible for such portion of such loss or damage which is recovered or Pier 40 at W. Houston Street, 2nd Floor, New York, NY 10014
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recoverable by Permittee from any insurance covering such loss or damage or for such loss or damage against which the Permittee is indemnified or insured. d. The provisions of this Section (8) shall survive the termination or non-renewal of this permit.
, except if accordance with paragraph 8 above. 9. Premises “As-is”: a. Permittee has inspected the condition of the Premises and accepts the Premises “as-is” and will not at any time make any claim that the Premises or structures thereon are not in suitable repair or condition for the uses and purposes of this Permit, nor will Permittee at any time make any claim for or by way of reduction of charge, or otherwise, for damage arising from or consequent upon any repairs that the Trust or Permittee may do or cause to be done or in consequence of the occupation of the Premises by the Trust or its agents or contractors. b. The Trust has not made nor does it make any representation or warranty as to the condition of the Premises or its suitability for any particular use or as to any other matter affecting this Permit. c. The provision contained in this Section (9) that Permittee accepts the Premises “as-is” relates to the condition of the Premises as they were when Permittee first entered into possession thereof, or on the Commencement Date of this Permit, whichever is earlier. 10. Permittee is responsible for cleaning and restoring to its proper condition all areas of the Park affected by the Permittee’s use. Permittee shall, in advance, furnish a bond or security deposit (certified check made payable to Hudson River Park Trust) in the amount of $500. This sum will be retained as security to ensure faithful performance of the Permit and compliance with all terms by Permittee. Permittee’s failure to comply with Permit or Permittee’s damage to the Premises. If Permittee complies with the terms of this Permit, the security deposit shall be returned to Permittee within thirty (30) days of termination of this Permit. 11. Permittee shall not place or store, or allow others to place or store, any debris, garbage or any materials commonly referred to as “junk” within the permit area except fuel kept in the fuel tanks of legally parked vehicles allowed under the terms of this permit. 12. The Trust shall have no responsibility whatever for the loss or destruction of any improvements made by the Permittee or for the personal property stored or being used on the premises. 13. In addition to the methods of service allowed by the State Civil Practice Law & Rules (“CPLR”), Permittee hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Permittee’s actual receipt of process or upon the Trust’s receipt of the return thereof by the United States Postal Service as refused or undeliverable. Permittee must promptly notify the Trust, in writing, of each and every change of address to which service of process can be made. Service by the Trust to the last known address shall be sufficient. The Trust will have thirty (30) calendar days after service hereunder is complete in which to respond. 14. Nothing in this Permit shall be construed to give any person other than the Trust and Permittee any legal equitable right, remedy or claim. This Permit shall be held to be for the sole and exclusive benefit of the Trust and Permittee. 15. Permittee is responsible to comply with any and all applicable Federal, State, and local laws, ordinances, codes, rules and regulations affecting the use of the property for the purposes recited including, but not limited to, regulations affecting noise. Permittee shall not conduct or allow any use or activity on the premises inconsistent with law and shall not conduct or allow any use or activity which may require a permit or other approval by a government agency without having lawfully obtained such permit or Pier 40 at W. Houston Street, 2nd Floor, New York, NY 10014
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approval.
outside 16. This Permit shall be construed under, and be governed by, the laws of the State of New York, excluding conflict of law principles except where the federal Supremacy Clause requires otherwise. No legal proceeding shall be commenced by Permittee against the Trust in any court other than a court of competent jurisdiction of the State of New York in the County of New York. Permittee agrees to waive all rights to a trial by jury in any legal proceeding to which Permittee and the Trust are parties. 17. In the event that Permittee and HRPT are involved in a legal proceeding relating to any part of this Agreement, Permittee shall reimburse HRPT for all costs associated with said legal proceeding, including, but not limited to, court costs and reasonable attorneys’ fees incurred by HRPT where: (1) during said legal proceeding, a final determination by a neutral party finds Permittee to have materially breached the terms of this Agreement; or (2) Permittee initiates said legal proceeding against HRPT and/or its directors, officers, or employees and Permittee does not prevail in such action. 18. If any of the provisions of this permit are held invalid, such invalidity shall not affect or impair other provisions herein that can be given effect without the invalid provisions, and to this end the provisions of this permit are severable. 19. Permittee shall allow free and complete access to the site for official business purposes to employees of the New York Police Department, Parks Enforcement Patrol, Fire Department of New York and Hudson River Park Trust and their contractors, and any other representative of the City or State of New York in performance of their duties. 20. Permittee shall not restrict access to the site during the setup and cleanup periods, unless required for security or public safety purposes. 21. Permittee shall not block through access by the public on the bikeway/walkway in front of Pier 62 at any time, or stage any equipment or vehicles on the bikeway/walkway, without prior written consent from the Trust. 22. No vehicles other than emergency or service vehicles shall be permitted onto Pier 26 or on the bikeway/walkway without prior written consent from the Trust. No vessels of any type may tie up or dock at any pier along the bulkhead. Permittee shall make any and all reasonable efforts to ensure that its employees use the premises in a safe and legal manner. 23. Permittee shall be solely responsible for arranging security, sanitation and public health services to the satisfaction of the responsible agencies of the City and State of New York, including but not limited to the Police, Fire, Health, and Consumer Affairs Departments. Permittee shall obtain any necessary permits and licenses. 24. Permittee shall make all reasonable efforts to reduce the noise of its operations and its effect on the neighboring resident, see paragraph 15 supra. 25. The undersigned signatory for Permittee, by signing this Permit, personally warrants that he or she has the power and authority to enter into this Permit agreement on behalf of Permittee and to bind Permittee to the terms and conditions of this Permit. 26. This Permit may not be altered, modified or amended in any manner whatsoever except by a written instrument signed by the Trust and Permittee.
Pier 40 at W. Houston Street, 2nd Floor, New York, NY 10014
Ph. 212.627.2020
Fx. 212.627.9224
Original Notarized Permits, Insurance Papers, Bonds, and other documents should be brought or mailed to: Director of Permits Ph. 917-627-2020 Fx. 917-627-9224 nd Pier 40 – 353 West Street – 2 Floor, New York, NY 10014 Pier 40 at W. Houston Street, 2nd Floor, New York, NY 10014
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ACCEPTANCE: In consideration of the granting of the Permit, the undersigned accepts all of the above terms, conditions and provisions: Soc. Sec. No.
Signed:
Fed. I.D. No.
Title:
A Notarized Acknowledgement must accompany this Permit. Notary must check proof of Social Security Number or Fed. ID. Number.
STATE OF NEW YORK SS: COUNTY OF _________
On this __ day of __________, 20___, before me personally came __________________ to me known or proved to me on the basis of satisfactory evidence to the individual whose name is subscribed to the within instrument and who, being duly sworn, did depose and say that s/he is the ____________________ of ______________________, and the said person described in and who executed the foregoing instrument, and s/he acknowledged that s/he executed same in her/his official capacity and for the purpose mention therein.
______________________________________ (Notary Public)
APPROVED:
DATE: Hudson River Park Trust
Title
Pier 40 at W. Houston Street, 2nd Floor, New York, NY 10014
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