HomeMy WebLinkAbout2012-306 AMS - Leah Long for Use of Eno River Parking Deck for Photography and Videography for motion picture $N/A RIGHT OF ENTRY AND USE AGREEMENT
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This Right of Entry and Use Agreement ("Agreement") is made as of the day of 14 ar,U5
2012, between Orange County, a political subdivision of the State of North Carolina, ("Property Owner")
and Leah Long, an independent filmmaker of 214 Pleasant Green Road, Hillsborough, NC 27278
("Entrant"), concerning the property owned by Property Owner having PIN 9874-05-2667 ("Property").
WHEREAS, Entrant desires to enter the Property for the purpose of photographing and recording scenes
for motion pictures (the "Permitted Activities"); and
WHEREAS, as an accommodation to Entrant, Property Owner is willing to grant permission to Entrant,
its contractors, agents, employees, subcontractors and assigns to enter upon the Property solely to
conduct such Permitted Activities under the terms and conditions stated herein.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Property Owner grants to Entrant, its contractors, agents, employees, subcontractors, and assigns a
Right of Entry and license to enter upon the Property solely for the purpose of photographing and
recording scenes (interior and/or exterior) for motion pictures with the right to exhibit, as well as license
others to exhibit.all or any part of said scenes in motion pictures throughout the world; said permission
shall include the right to bring personnel and equipment (including props and temporary sets) onto said
property, and to remove the same after completion of work. Entrant's entry rights are specifically limited
to the Permitted Activities on the Property and shall not include any other activities on the Property or
any other property or areas surrounding the Property. Entrant shall be responsible for any and all costs
related to entry and the Permitted Activities under this Agreement, including, without limitation, any
temporary operation, maintenance, and removal of equipment on the Property. Any entry or activity on
the Property by Entrant shall be coordinated in advance with Property Owner and shall be subject to
Property Owner's approval and supervision; however, Property Owner shall not be required to be present
during, or to make on-site inspections of, or to check the quality or progress of the Permitted Activities.
Property Owner shall not be responsible for the means, methods, techniques, sequences or procedures,
or for any safety precautions and programs in connection with the Permitted Activities, and the foregoing
approval and supervision shall not re-allocate or confer upon Property Owner any risk, responsibility, or
liability associated with the Permitted Activities, which risk, responsibility and liability remain solely with
the Entrant.
2. Entrant agrees to comply with all local, state, and federal laws, rules and ordinances applicable to the
Permitted Activities. Entrant further agrees to exercise due care in the entry and the performance of all
Permitted Activities on the Property, and not to interfere with or interrupt Property Owner or any other
party's activities or operations on the Property or surrounding areas. Upon notice from Property Owner,
Entrant shall immediately stop and remediate any operational interference caused by its activities.
Entrant shall bear all cost and liability associated with and arising from any such interference or
interruption and Entrant shall promptly repair, at its cost, any damage to the Property or any other
property caused by the acts or omissions of Entrant, its agents, employees, contractors, assigns or
subcontractors. Property Owner may terminate this Agreement at any time for any reason or no reason.
3. Entrant shall release, indemnify, hold harmless, and upon Property Owner's request, defend Property
Owner, its employees, agents, assigns or contractors, from any and all claims, actions, damages, liability
and expense whatsoever, including without limitation Attorneys' fees and costs, in connection with
personal injury, including death, or property damage arising out of the acts or omissions of Entrant, its
employees, agents or contractors, including without limitation the Permitted Activities, upon any portion
of the Property or any area near or surrounding the Property. The provisions of this Paragraph 3 shall
survive the expiration or termination of this Agreement.
4. Entrant shall maintain, and shall have its agents, employees, assigns, contractors and subcontractors
maintain, adequate insurance coverage, as determined by Property Owner. Prior to entering the
Property, Entrant shall provide Property Owner certificates of insurance evidencing such insurance
coverage of Entrant, its contractors, or subcontractors and naming Orange County an additional insured.
An additional insured endorsement, satisfactory to the Orange County Risk Manager, must accompany
the certificate.
5. Upon the earlier of Property Owner's request or the expiration or termination of this Agreement Entrant
will immediately remove any and all of its equipment from the Property and restore the Property to its
condition existing immediately prior to such entry, reasonable wear and tear excepted.
6. Entrant acknowledges and agrees the right of entry and use granted by this Agreement is limited to a
time and date certain beginning September 8, 2012 at 7:30 p.m. and ending September 9, 2012 at 2:00
a.m.
9. This Agreement constitutes the entire understanding between the parties with respect to the activities
contemplated by this Agreement. All prior agreements or understandings, whether oral or written, are
superseded. This Agreement may be amended only by a written document duly executed by the parties.
This Agreement is governed by the laws of the State of North Carolina.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals as of the date first
above written.
Property Owner
Orange County
By:
Frank ifton
Title: County M ger
Entrant
Leah Long