from: allen, louise sent: thursday, june 12, 2014 2:32 pm ... · sent: thursday, june 12, 2014...

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1 Allen, Louise From: Allen, Louise Sent: Thursday, June 12, 2014 2:32 PM To: Marty Dejczak; Hunter, Dennis Cc: Risk Management Production; Megan Guy Subject: RE: FW: "Pixels" - Dream, 30 Adelaide E OK with Risk Mgmt as well. The agreement contains no insurance obligations so a cert should not be issued to the vendor. Thanks, Louise Allen Risk Management T: (519) 273-3678 From: Marty Dejczak [mailto:[email protected]] Sent: Thursday, June 12, 2014 12:57 PM To: Hunter, Dennis Cc: Risk Management Production; Megan Guy Subject: Re: FW: "Pixels" - Dream, 30 Adelaide E Thank you Dennis. Marty Dejczak Location Manager 'PIXELS' Arcaders Productions Ltd. 225 Commissioners Street, Suite 305 Toronto, Ontario M4M 0A1 Office 647-837-3309 Mobile 416.417-2155 Fax 647-837-3310 Email: [email protected] On Thu, Jun 12, 2014 at 12:23 PM, Hunter, Dennis <[email protected] > wrote: Please move forward with signatures – I compared it to the executed 150 York agreement aka the Dundee Release and it’s identical.

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Allen, Louise

From: Allen, LouiseSent: Thursday, June 12, 2014 2:32 PMTo: Marty Dejczak; Hunter, DennisCc: Risk Management Production; Megan GuySubject: RE: FW: "Pixels" - Dream, 30 Adelaide E

OK with Risk Mgmt as well.  The agreement contains no insurance obligations so a cert should not be issued to the vendor.  

Thanks, Louise Allen Risk Management T: (519) 273-3678  

From: Marty Dejczak [mailto:[email protected]] Sent: Thursday, June 12, 2014 12:57 PM To: Hunter, Dennis Cc: Risk Management Production; Megan Guy Subject: Re: FW: "Pixels" - Dream, 30 Adelaide E Thank you Dennis. Marty Dejczak Location Manager 'PIXELS' Arcaders Productions Ltd. 225 Commissioners Street, Suite 305 Toronto, Ontario M4M 0A1 Office 647-837-3309 Mobile 416.417-2155 Fax 647-837-3310 Email: [email protected]

On Thu, Jun 12, 2014 at 12:23 PM, Hunter, Dennis <[email protected]> wrote:

Please move forward with signatures – I compared it to the executed 150 York agreement aka the Dundee Release and it’s identical.

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Thanks, Dennis

 

From: Marty Dejczak [mailto:[email protected]] Sent: Thursday, June 12, 2014 8:42 AM To: Hunter, Dennis Cc: Allen, Louise; Barnes, Britianey; Luehrs, Dawn; Herrera, Terri; Zechowy, Linda Subject: "Pixels" - Dream, 30 Adelaide E

This is the agreement I forwarded from my phone last night. I'm sending it in the correct format for your records.

This should be the exact same agreement we did for Dream Office Mgmt Corp at 150 York and 181 University.

We are shooting in this area tonight. We are placing lights on the exterior plaza of their building.

Marty Dejczak

Location Manager

'PIXELS'

Arcaders Productions Ltd.

225 Commissioners Street, Suite 305

Toronto, Ontario

M4M 0A1

Office 647-837-3309

Mobile 416.417-2155

Fax 647-837-3310

Email: [email protected]

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Allen, Louise

From: Marty Dejczak [[email protected]]Sent: Friday, June 06, 2014 2:26 PMTo: Barnes, BritianeyCc: Hunter, Dennis; Risk Management ProductionSubject: Re: Pixels Filming exterior of 30 Adelaide St

This is the same agreement that was vetted for:

Dream Office Management Corp 150 York Street and 180 University Avenue

This is one that David McIlroy submitted and was completed on June3rd. Marty Dejczak Location Manager 'PIXELS' Arcaders Productions Ltd. 225 Commissioners Street, Suite 305 Toronto, Ontario M4M 0A1 Office 647-837-3309 Mobile 416.417-2155 Fax 647-837-3310 Email: [email protected]

On Fri, Jun 6, 2014 at 2:20 PM, Barnes, Britianey <[email protected]> wrote:

Is this a new agreement based on the Brookfield agreements?

Britianey Barnes

Sr. Analyst | P. 310.244.4241 | F. 310.244.6111

[email protected]

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From: Marty Dejczak [mailto:[email protected]] Sent: Friday, June 06, 2014 10:12 AM To: Lyn Crooks Cc: Scott A; Heather Leblanc; Eric Jensen; Hunter, Dennis; Barnes, Britianey Subject: Re: Pixels Filming exterior of 30 Adelaide St

Thank you for your quick response.

The contract you reference in your email was finalized on June 3rd with George Valentini your Executive Vice President and General Counsel. He is in possession of both the WSIB certificate and the insurance certificates. We will issue a separate certificate to cover 30 Adelaide East.

The contract in question was for two of your building located at 150 York Street and 181 University Avenue. The request for these two buildings was to leave all of the lights on overnight. The $10,000. per day paid was to recover the costs of the additional hydro to power both of these buildings.

I would like to confirm that the $10,000. location fee you suggest will be to cover leaving all the lights on in your building, placing our lights on your property as per the revised plan we provided and covering any security and operations staff.

Please find attached the location agreement for 30 Adelaide Street East. I've used the same agreement which was vetted by your counsel for 150 York Street and 181 University Avenue.

I look forward to hearing back from you.

Marty Dejczak

Location Manager

'PIXELS'

Arcaders Productions Ltd.

225 Commissioners Street, Suite 305

Toronto, Ontario

M4M 0A1

Office 647-837-3309

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Mobile 416.417-2155

Fax 647-837-3310

Email: [email protected]

On Fri, Jun 6, 2014 at 12:21 PM, Lyn Crooks <[email protected]> wrote:

 Hi Scott,  Thank for providing the additional information! We appreciate that you have reduced the lighting requirements. We also appreciate that you will be using battery operated lights which will eliminate the need for cabling and cable troughs.   Since we generally do not participate in filming activities, we do not have a standard Agreement for this type of activity. I understand that there is an Agreement under review for another Dream property, Adelaide Place. Once finalized we will use a similar version of that Agreement.   Just a reminder that we will require copies of your current Insurance and WSIB.   With respect to costs, we suggest $10,000 which will cover all of our costs for additional security, and operations staff if necessary.   We look forward to hearing from you.   Many thanks, Lyn

From: Scott A <[email protected]> Sent: Monday, June 02, 2014 9:26:22 AM To: Heather Leblanc; Lyn Crooks Cc: marty; Eric Jensen Subject: Pixels Filming exterior of 30 Adelaide St

Hello Heather,

Scott Alexander here from Pixels, I just wanted to follow up and make sure that you received the revised lighting plan that I sent last week based on the outcome of our discussion.

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Also I am hoping that it would be possible to get the cost for our planned activity on June 12 along with a copy of your agreement for review or we could prepare one of our agreements for you to review.

Thanks,

--

Scott Alexander

Assistant Location Manager

PIXELS

Arcaders Productions LTD

225 Commissioners St, Suite 305

Toronto, ON M4M 2M2

(647) 837-3309 office

(647) 997-8086 cell

Dated as of: June 6,, 2014

LIGHTS ON/ PLACEMENT AGREEMENT In connection with the motion picture "PIXELS " ("Picture"), PINEWOOD PRODUCTION SERVICES CANADA INC. ("Company") and the undersigned Dream Office Management Corp. ("Grantor"), with an office at 1600-30 Adelaide Street East, Toronto Ontario, Ontario, as owner/agent of the property located at: 30 Adelaide Street East Toronto Ontario ("Property"), having the full right and authority so to do, and in consideration of the payment of $10,000 Dollars (Ten Thousand Dollars)–plus applicable HST shall be payable upon Company's receipt of this agreement signed by Grantor), agree as follows: 1. Grantor acknowledges and agrees that Company will be filming scenes for the Picture and conducting related production activities in front of or near the Property, commencing on or about June 12, 2014 (subject to change and/or extension on account of weather conditions or changes in production schedule). Grantor acknowledges that Company shall be permitted to include the Property in recording certain scenes for the Picture, including without limitation photographing the Property and reproducing the Property for the purpose of photographing the same in conjunction with the Picture, (but excluding any names, signs and identifying features of the property, accurately or otherwise, by means of film, tape, videotape, digital formats or other medium. Grantor shall keep those lights at the Property required by Company turned on during the dates and times required by Company and allow company to place lights on the property, currently contemplated to be: June 12, 2014 subject to change on account of weather conditions or changes in production schedule). Company shall notify Grantor on or before 5:00pm on the day of filming of any rescheduling, failing which Company shall pay the daily fee to Grantor for such night. The Company agrees that the filming shall not begin earlier than 5:00pm and shall not block vehicular or pedestrian traffic without prior consent of Grantor. 2. All rights of every kind in and to all photographs and sound recordings made by Company hereunder in connection with the picture (including, but not limited to, the right to exhibit throughout the world in perpetuity any and all scenes photographed or recorded by Company at and of the Property or reproduction of the Property in conjunction with the Picture) shall be and remain vested in Company, its successors, assigns, and licensees. The rights and remedies of Grantor in the event of any breach by Company of this Agreement shall be limited to Grantor's right to recover damages, if any, in an action at law, and Grantor waives any right or remedy in equity to enjoin, restrain or otherwise impair the production, marketing, exhibition or exploitation of the Picture. Company shall have no obligation to use the Property or include the Property in the Picture. 3. The Company, on behalf of itself and each of its employees, agents and representatives participating in or involved with the Event (the “Staff”) and its heirs, executors, administrators, successors and assigns, hereby releases and forever discharges Dream Office Management Corp, Dream Office REIT, Dundee Properties (GP) Inc, Dundee Properties Limited Partnership, all of their affiliated entities, and all of their directors, shareholders, employees, servants, tenants, guests and agents and the heirs, executors, administrators, successors and assigns of each of them (collectively “Dream”) of and from all actions, causes of action, liabilities, damages, claims and demands, howsoever arising, resulting from or arising as a result of the use on or around the Property, or the acts, omissions or negligence of the Company or any member of the Staff while at the Property during the term of this Agreement, except to the extent due to the negligence or willful misconduct of Dream. 4. The Company agrees to indemnify and save harmless Dream of and from all actions, causes of action, liabilities, damages, claims and demands, howsoever arising, resulting from or arising as a result of the use of the properties listed above by the Company or the Staff, or the acts, omissions or negligence of the Company or any other member of its Staff while at the Property during the term of this Agreement, except to the extent due to the negligence or willful misconduct of Dream. 5. The Company hereby covenants and agrees that it shall be jointly and severally responsible for all property damages to the Property, directly or indirectly resulting from Company’s use of the Property by the Company or its Staff, except to the extent due to the negligence or willful misconduct of Dream.

6. The Company hereby covenants and agrees that it shall pay all verifiable costs and expenses incurred by Dream in the repair of property damages to the Property resulting from or arising as a result of the use of the Property by the Company or the Staff which are caused by Company or the Staff, or the acts or negligence of the Company or any member of the Staff while at the Property during the term of this Agreement, or directly caused by Company’s or the Staff’s acts or omissions, within three (3) days of invoice therefore.

7. This Agreement shall be governed by the laws of the Province of Ontario constitutes the entire agreement between Company and Grantor with respect to the subject matter hereof and may only be amended by a written instrument executed by Company and Grantor. This Agreement shall ensure to the benefit of Grantor and its successors and assigns and shall be binding upon Company and its successors and permitted assigns. This Agreement may not be assigned by Company without prior written consent of Grantor, which may be unreasonably withheld.

ACKNOWLEDGED, ACCEPTED AND AGREED TO:

DREAM OFFICE MANAGEMENT CORP.

GRANTOR SIGNATURE: __________________________________

PRINTED NAME: __________________________________ (if on behalf of a corporation, please include title)

PINEWOOD PRODUCTION SERVICES CANADA INC. Signature: Name: Megan Guy Title: Director