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HomeMy WebLinkAboutMovies in the Moonlight, Inc RESOLUTION 2019-445 ADOPTED DOC ID: 15220 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-445 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 7, 2019: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Movies in the Moonlight, Inc. in connection with the equipment rental in an amount not to exceed $2,250.00 total and Swank Motion Pictures in connection with the licenses needed to show the movies in an amount not to exceed $1,222.50 total for the Town's Youth Bureau Family Movie Night to be held on July 5, 2019 at the 5"' Street Park, Greenport, August 1, 2019 at Mitchell Park, Greenport and August 9, 2019 at Tasker Park, Peconic Lane, Peconic, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio �c�uFFQtk ©r RECEIVED u °ter JUN 7 2019 Southold Town Clerk Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: June 6, 2019 Subject: Agreement between Town of Southold and Movies In the Moonlight 2019 With respect to the above-referenced matter, I am enclosing the original Agreement together with the Resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures cc: Accounting MOVIES IN THE MOONLIGHT-Indoor and Outdoor Cinema 200 S Oakwood Dr. • Laurel. NY 11948 www.moviesinthemoonlight.com • (631) 404-5269 moviescreens9yahoo.com Contact: Southold town Lynn N ilas Event Address and Movies: July 12 The Lego Movie 2 The 2nd Park-51h Street Park Greenport ,Aug 1,Incredibles 2- Mithcell Park Greenport Aug 9th Mary Poppins Returns-Tasker Park Peconic Phone Number: 631-765-8251 Cell 516-617-1054 Email: lynn@southoldtownny.gov Screen Size: 9 by 16 Event Date:July 12,Aug1,and Aug9,2019 Booking Date:April 22,2019 Start Time: Sun Set Amount: $ 2,250.00 Tax: $exempt Total: $2,250.00 Deposit: $ 1,125.00 Balance Due: $ 1,125.00 Notes:All three movies stand alone if we get bad weather on the first date the deposit does not roll over.You can pick another date or use the deposit for next year. Payment Information: Credit card number: Name on credit card: Expiration date: Street address used on card: Zip code: IMPORTANT INFORMATION: If your company is tax exempt we will need you exempt form returned with this contract or we will charge sales tax. • No movies will be started before sunset or until it is dark enough to see the picture on the screen • MITM will not be responsible for any damage to irrigation All our screens are staked down. It is the clients responsibility to mark out any irrigation and make MITM aware of any areas we must avoid THE CLIENT IS RESPONSIBLE FOR ANY LICENSING FOR MATERIAL PLAYED AT YOUR EVENT.WE WILL PROVIDE THE WEBSITES TO ASSIST THE CLIENT WITH THIS. • Please be advised that we may need to change the position of the screen in the event that there is wind. AGREEMENT This Agreement is between Movies in the Moonlight, Inc., a New York domestic business corporation (hereinafter referred to as Moonlight) with its principal place of business at 200 South Oakwood Drive, Laurel, New York 11948, and Client from above) Reservation. A reservation is only confirmed once a deposit is received. Terms. The initial nonrefundable deposit shall be 50% of the total amount due, payable to Movies in the Moonlight, Inc. The balance of the total fee must be received prior to the start of your event. Cancellation. The Client may cancel due to expected inclement weather before noon on the day of the scheduled event and retain their deposit. IF MOONLIGHT SHOWS UP TO AN EVENT LOCATION AND CLIENT CANCELS FOR WEATHER THE CLIENT FORFITS THEIR DEPOSIT. IF MOONLIGHT SETS UP ALL EQUPMENT BY CLIENT'S REQUEST AND INCLEMENT WEATHER STARTS THE CLIENT WILL HAVE TO PAY THE FULL AMOUNT FOR THEIR EVENT. Reschedule. Moonlight will work with the Client to reschedule a mutually convenient time to make up the event within 365 days of the cancelled event. Notice. Client may not cancel event due to weather earlier than 24 hours prior to the start time of the event. Cancellation by Client. Except as otherwise provided herein, cancellation of this Agreement by Client for any reason at all, not including inclement weather, and when such notice was given with sufficient notice, shall cause the forfeiture of the deposit. Extreme Weather Conditions. Moonlight reserves the right immediately to cancel the event in its sole discretion and without notice if there is any threat of lightning, rain, extreme wind, or extreme temperatures and if the movie has not been started the client shall receive a credit. Moonlight and the client will mutually decide on a new date. Security. Client must provide security if there is any reason to believe that Moonlight personnel or equipment could be harmed or damaged by event goers or outside persons. Moonlight has the right to immediately cancel the event if they feel in danger of personal injury or damage to their equipment. In that case the client will have to pay the full amount of the even. Leasing the Movie. If leasing the movie is required, it is the Client's responsibility to do so. The movie cannot be leased through Moonlight. However we provide links on our web site to companies that lease movies. Permits and Insurance. Moonlight will provide Additionally Insured when requested by client. Any and all necessary entertainment permits and insurance other than Additionally Insured is to be provided by Client. Client shall notify Moonlight of any such special requirements at the venue 30 days in advance of the event. All fees, costs and disbursements associated with the permits and insurance are to be borne by Client. Governing Law and Jurisdiction. Any legal action involving a dispute or matter arising under this Agreement may only be brought in Suffolk County, New York. Entire Agreement. This Agreement contains the entire Agreement between the parties and supersedes all prior written or oral agreements. This Agreement may not be modified except in writing signed by both parties. Overtime. Any One movie/presentation over two hours and fifteen minutes after the start time will be charged $75.00 per additional half hour. If the client decides to stop the movie for any reason once it's already started, the time the movie is stopped will add to the over all running time of the movie and could possible put client into overtime charges. The Client has 30 minutes from their start time as indicated in the Contract to begin their event. Anything over 30 minutes will be charged at $75.00 per half hour. Moonlight arrives at your event 30 minutes to 1 hour depending on the screen size prior to start time (before dark). If you wish to have us there early you will be charged $75.00 per half hour for early arrival. IN WITNESS WHEREOF, the parties hereto have executed this Agr ment as of the day and year first above written. 7-wn 04-- SOJ4 Cd [Name of client] By: Pws C o 4-f• OQu S S [Movies in the Moonlight, Inc.] By: FRANK ZAGARINO ii rit! fission or ovies in the Moo c arge the above credit card for all purchases liste ice/contract. Signature of Credit Holder Above: Date: Emai ax completed contract to Movies In The Moonli hif at - 60-8713.