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HomeMy WebLinkAboutResolution - 2006-R0413 - License Agreement For Filming At Silent Wings Museum - National WWII Gilder Pilo - 08_24_2006Resolution No. 2006-R0413 August 24, 2006 Item No. 6.12 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a License Agreement by and between the City of Lubbock and National World War II Glider Pilots Association, Inc. for filming at the Silent Wings Museum. Said License Agreement is attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 24th day of August , 2006. �►i�fi'/ .ter .• 1. ,. ATTEST: el R becca G a, City Secretary APPROVED AS TO CONTENT: Museum Director APPROVED AS TO FORM: ty Attorney gs/ccdocs/i-ic Agrmnt-Natl World War H.Res August 18, 2006 Resolution No. 2006-RO413 LICENSE AGREEMENT FOR FILMING AT SILENT WINGS MUSEUM This agreement is between the National World War II Glider Pilots Association, Inc. (hereinafter referred to as the "ASSOCIATION"), the Silent Wings Museum Foundation, Inc (hereinafter referred to as the "FOUNDATION"), and the Silent Wings Museum of the City of Lubbock (hereinafter referred to as the "MUSEUM"). WHEREAS, the ASSOCIATION and the FOUNDATION desire to film a "virtual visit" to the MUSEUM for members of the ASSOCIATION and the FOUNDATION and for sale to visitors and other interested persons; and WHEREAS, the ASSOCIATION and the FOUNDATION have contracted with Chedd-Angier-Lewis (CAL) of Watertown, MA for the production of this "virtual visit" on DVD and/or video cassette; and WHEREAS, the MUSEUM desires to grant the ASSOCIATION and the FOUNDATION a license to film this production in the Silent Wings Museum at the Lubbock Preston Smith International Airport; NOW THEREFORE, it is agreed by the parties: LICENSE. MUSEUM, on behalf of the City of Lubbock, hereby grants to ASSOCIATION and FOUNDATION a license to film a "virtual visit" production at the Silent Wings Museum located at Lubbock Preston Smith International Airport during the month of September, 2006. 2. FINANCIAL COMMITMENT. Neither the City of Lubbock nor the MUSEUM shall have any financial responsibility for the production. ASSOCIATION and the FOUNDATION shall share all costs. 3. RIGHTS TO PRODUCTION. ASSOCIATION shall have sole rights to the production; however, ASSOCIATION and FOUNDATION agree that the DVD or video cassette produced shall be made available to the MUSEUM shop at cost for sale to visitors as a souvenir. 4. RELEASE. ASSOCIATION and FOUNDATION agree that they will require CAL, and/or any other group who are filming on their behalf to sign the "RELEASE AND WAIVER OF LIABILITY" attached as Exhibit A and require any group filming on their behalf to provide proof of insurance with the City of Lubbock as an additional insured. 5. INDEMNITY. ASSOCIATION and FOUNDATION shall indemnify and save harmless the MUSEUM and the City of Lubbock and its officers, agents and employees from all suits, actions, losses, damages, claims, or liability of any character type, or description, including, without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of or occasioned by the acts of the ASSOCIATION or the FOUNDATION, their agents or employees, in the execution or performance, or omissions of performance, of or under the Agreement. 6. ACKNOWLEDGMENT. ASSOCIATION AND FOUNDATION agree to acknowledge the name and location of the MUSEUM in the production or any use of the production filmed under this agreement. DATED this 24th day of August, 2006. CITY OF LUBBOCK ATTEST: ebecca 66a, City Secretary APPROVED AS TO CONTENT: - Hayes, Museum it or APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section LC: cityatt/Linda/ Filming License —Silent Wings WORLD WAR II GLIDER OCIATION, INS J. SAMEK, THE SILENT WINGS MUSEUM F ATION, IN . CATHERINE A. G , Col. USAF CHAIRMAN oaroli2ooe .uo:3s ?AK 600 TT3 3983 LUBBK CITY SECRETARY 0002 RELEASE AND 'WANER OF LUBELITY Ta eonsideratim of the benefits to Chedd Angier -Lewis from Slming a viMW visit to the Silent Wings Museum, I, the undudgncd, fully understand and agtee that in Mining the Silent Wings Museum and.parricipsting in activities incident to d9w filming, there is the possibility of serious physical injury, death or property damage. I, on behalf of cheo Angier -Lewis agree that the Slag and participation in activities incident to the filining is ENTMELY AT CHEDD•ANG1MR LEWTS' OWN RISK and flW the Siieut Wings Museum and the City of Lubbock, Texas, assume NO -responsibility for any injury or darrrage to any principal, diredw, agent or employee of Chedd-Angier. Lewis or to Its property. I aclmowlcdge that I have carediilly read this "release and waiver" and fully understmd that this entirely releases tha Silent 'Wings Muse= and the City of Lubbock, franc liability for anything that may happen to any principal, diztctor, agent or omployee of Cherie-Angier--iewis that in any wry relates to the filming of the Silent 'Wings,Mnsaum arid participation in activities incident to tho filming, L for Chedd`AngaerLewis, its principals, directors, agents and employees do Hereby RELEASE, ACQUIT, and FOREVM DIrSC$ARGE the Silent Wings Museum and the City of Lubbock than successors, assigns,, directors, elected officials, agens and employees from any and all mau= or actions, causes of action, suits, claims, deniew3s, judgments, damages, liabr7i4as, and claims for damages oaf emery kind and character, known and uWmown, mast, presetxt and future, wising out of or attr1uted, directly or indi ctly, or in any way! 2elating to my Mining of the Silent Wings Museum cad participation in activities incident to the f haing, FMTHER;! Silent Bangs and the City of Lubbock shall not be held liable or responsible for, and shall be saved and held bacmless and indemnified by me $om and against any and all clata s and damages of every kind and character, including reasonable and necessary costs and attorneys fees, for injury to or death of any person and for any damage to or lose of property, which ariso out of, are rolated to, or attributed, directly or indirectly, or in any way relating to participation in the aformwtioned activity. I understand that there is a umd for cmtadn rules and procedures concerning my filming of the Silent Wings Muse= because it is located an the Lubbock Preston Smith international Airport property. I agree to abides by those rules and procedurM as explained by the Sileut'Wings Musdwu or City of Lubbock representative. The provisions of this release shall be interpreted when possible to sustain their legality and enforceability as a whole. In the event any provision of this release shall be held invalid, illegal, or unenforceable by a court of competent jurisdiedom in whole or in part, neither the validity of the rewainvng part of such provision, nor the validity of any other provisions of (his release, shall be in any way affected thereby. The u mmforceability of any provision of this release in a specific situation shall not affect the enforceability of Huai provision in any other situation. By signing this release, I state and dpcigre that I have resad It and that I understand all of tho terms of these documents, that I have authority to sign on bcl;atf of Chcdd-Angier-Lewis, and that I am vohautarily executing the release with Ul knowledge of its legal consequeucFes. IN WnT MSS *MMOF, I have hereunto signed ray name below this day of S.� e.m� �•r' - , 20 0� •M. J ME, , r i� ►� r u j /�LE Rug 11 2006 10:30RM HP LRSERJET FRX Resolution No. 2006-RO413 P.1 ACOM) - CERTIFICATE OF LIABILITY INSURANCE s 11 zoa6 8/11/20 Pa0°"� ARTS a 8�1makn otuT I eupiwicz 259 i3re Street Y Narblobead, N1l 01943 781 639-2723 THLS GER ONLY HIMMI . ALTER cAse: m ISSUED AS A MATTER OF 1110R) UAATION CONFERS NO ROM upon THE CERTIF"TE a CERTIFICATE DOES NOT MAEK EXTEND oft COVERASE AFFORDTAD I'V "K POUCHES BELOW. wsuRCSw COVERAW nwiq .O CEO AM= L1ZRZ8 IMMUMION CO. , INC. 70 COOLZD= HILL ROAD RATZRTONN, NA 02472 617 926-9300 ONAMO A, C BUBB INSURANCE 0!t{AIBR CCb@C&RCz INSURIU= CO. wourm e iNwwl a L. COVIRA 0 THE POLICIES OF INSURANCE LISTED sEW W NAVE GLEN IW-VD TO THE NbURIO NAMED ABOVE FOR THE P ANY RECiMAE ENT, TOW OR CONDITION OF ANY CONTRACT OR OTHER O=AiW WITH RESPECT TO ANY PERTAIN, THE 1NSURANCEAFFORCED 8Y1FE POLICIES OESCRISED HEREIN IB SUBJECT TO ALL THE T91 POLICIESLAGNMIATE LIMITS SHOWN MW HAVE BEEN REDUCED GY PArOCLANAS. XfCV PERIOD INDiCA71M. 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