Committee of the Whole

Village of Brookfield Agenda Committee of the Whole Meeting Monday, November 11, 2024 @ 7:00 PM or Immediately Following Village Board Meeting Edward Barcal Hall 8820 Brookfield Avenue Brookfield, IL 60513 I. ROLL CALL II. REGULAR BUSINESS 1. Discussion Related to Adopting a Village Ordinance Concerning Commercial Filming within Village Boundaries Discussion on Adopting a Village Ordinance for Commercial Filming III. PUBLIC COMMENT IV. EXECUTIVE SESSION 1. Pursuant to Section 2(c)(5) of the Open Meetings Act to discuss purchase or lease of real property for the village’s use. V. ADJOURNMENT Page 1 of 25  Committee Item Memo Meeting Date: November 11, 2024 Staff Contact: Stevie Ferrari, Assistant Village Manager Department: Village Manager's Office Subject: Discussion Related to Adopting a Village Ordinance Concerning Commercial Filming within Village Boundaries Background Information: The Village does not provide direction or governance of Commercial Filming through our Code of Ordinances. Staff has received three inquiries within the past six months regarding commercial filming on public as well as private property. When instances like these have come up, staff works with the Village Attorney to produce a license agreement between the filming agency to adhere to protections against the Village as well as assurances in collaborating with the Village for the protection and safety of the public. Crafting an Ordinance that provides direction and oversight of commercial filming within Village boundaries will allow interested parties access to information on requirements as well as establish guidance to staff on the process. Staff is awaiting additional municipal examples in processes for commercial filming. Once received, we will identify any recommendations to the Board if further direction is needed and/or requested beyond this discussion. Our boundary neighbors at the Village of Riverside have provided their commercial filming policies, details provided in the attached with overview summary below: Community Code of Ordinances Separate Policy Additional Notes Ordinance amended Riverside YES NO in 2024 Staff has identified core elements to the commercial filming process for discussion purposes in the potential drafting of an Ordinance: Cost Recovery Staff recommends assessing fees at a rate that is at least equivalent to Village expenditures i.e. safety and security staffing, equipment, administrative fees. This can be structured in different ways, however, staff recommendation includes:  pre-determining hourly rates for personnel and equipment Page 2 of 25   pre-determining hourly rates for use of public property related to the impact of use i.e. road closures, park closures, and facility use. Example rates adopted by the Village of Riverside are provided in the attachments below. The structure of fees in this example aligns with the recommended structure proposed above, but is not necessarily equivalent in the assessed hourly fees. Permit Requirements In order to effectively track and reduce reactive Departmental impact, a process that includes obtaining a permit is recommended. The permit is recommended to include:  permit fee: this fee can be assessed to include staff administrative time or administrative time can be assessed separately but will include the information on assessment.  Acknowledgement in resumed responsibility for notification to residents, business owners or other affected individuals within a determined radius of filming site: the radius distance is up for discussion, Riverside's example identifies a (200) yard radius as a reference.  Acknowledgment and agreement to insurance requirements: these requirements are dictated by IRMA recommendations as well as Village attorney and would not be flexible or differentiated between applications.  Site Plan: identifying, through visual support documents, the locations in which actual filming will take place and include adherence to Village recommendation in traffic and vehicular safety precautions outside of the filming site. Additional information will be requested as part of a permit process including but not limited to contact information, business/agency information, provision of number of individuals to be onsite for filming etc. As an alternative option to adopting an Ordinance for commercial filming allowance, staff can continue to work with the Village Attorney to provide independent license agreements, as requests come in, if the Board desires. An example of this type of license agreement for a recent request (which did not come to fruition) is included in the attachments. Once staff receives direction from the Board in how fees are assessed and the process in which approval is conducted, we will present a draft Ordinance for approval to include any additional measures warranted by the Board. Financial Impact: If an ordinance is adopted to include assessed fees, this will create a new positive revenue catalyst to the Village. Estimated amount will vary year to year and is dependent on fee structure and requests. Page 3 of 25 Recommendation(s): Staff recommends implementation of a regular process for commercial filming allowance to include either independent contracts with assessed fee table or through establishment of an Ordinance requiring a permit process with assessed fee table. Attachments: Riverside Commercial Filming Ordinance Riverside Ordinance Amendment 2024 License Agreement between VOB and MJZ_2024 Page 4 of 25  ORDINANCE NO. __________ AN ORDINANCE AMENDING THE VILLAGE CODE OF THE VILLAGE OF RIVERSIDE, ILLINOIS RELATIVE TO COMMERCIAL FILIMING, PHOTOGRAPHY AND TAPING ACTIVITIES WITHIN THE VILLAGE WHEREAS, The Village of Riverside (the “Village”) is a non-home rule municipality, having all of the powers and authority granted to such municipalities pursuant to Article VII, Section 7 of the Illinois Constitution of 1970; WHEREAS, in 1999, the Village Board of Trustees enacted Code provisions regulating commercial filming, photography and taping activities within the Village; and WHEREAS, the existing Code provisions have not been updated since 2013; and WHEREAS, the Village Board of Trustee now desires to bring the existing Code provisions in line with modern standards and to make other changes to the regulation of such activities, and finds the proposed Code amendments set forth below to be in the best interests of the Village, its residents and businesses. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Riverside, Cook County, Illinois, as follows: SECTION 1: Each whereas paragraph set forth above is incorporated by reference into this Section 1. SECTION 2: That Title 8 (Public Ways and Property), Chapter 2 (Street and Sidewalk Regulations), Section 24 (Commercial Filming and Taping Activities) of the Village Code of the Village of Riverside is amended to read in its entirety as follows: 8-2-24: COMMERCIAL FILMING, PHOTOGRAPHY AND TAPING ACTIVITIES: (A) Permit Required: Page 5 of 25  1. Application: The village manager may authorize the use of any street, right of way, or public building, equipment or personnel for commercial uses in the filming, photography or taping of movies, television programs, commercials, or training films and related activities. In conjunction with these uses, the village manager requires that any or all of the conditions and/or remunerations as specified on the application be met as a prerequisite to that use. The application must be filed with the village manager within the following time lines: Feature films - fourteen (14) days prior to filming. Episodic television - seven (7) days prior to filming. Commercials - three (3) days prior to filming. The applicant shall agree, as part of the application, that the village shall have full control over the use of public streets and buildings of the village while being used, as well as control over the hours of production and the general location of the production. The village reserves the full and absolute right to prohibit all filming or to order cessation of filming if determined to be detrimental to the public health, safety, and welfare. The applicant shall agree to allow the respective village departments (i.e., police, fire, building) to inspect all structures and/or devices and equipment to be used in connection with the filming, photography and taping if required by the village manager. 2. Investigation: The village manager shall refer the application to the police department and to the fire and building departments, as deemed necessary, for investigation. 3. Time Limits On Activity: The village manager may restrict or limit the time for filming, taping or photographing activities during rush hour traffic or during periods when schools or churches are in session within the affected area, or whenever, in his or her judgment, circumstances warrant such limitation. The village manager and a representative of the filming company shall agree to a 2 Page 6 of 25 time daily past which no filming shall occur. The filming company shall be fined at a rate established by the village manager for any filming that occurs past the agreed upon time. Only one filming, photography or taping production shall be authorized in the village on any given day. The village restricts the commercial filming of the exterior or interior of any single private residence to less than ten (10) days per calendar year unless the express written permission of the village manager is given. 4. Report Of Vehicles And Equipment: The applicant shall provide a report listing the number of vehicles and types of equipment to be used during the filming, photography or taping, including the proposed hours of use and the proposed parking locations. All such parking locations shall be reviewed and approved by the village manager prior to their use. Every applicant shall pay the full daily rate for every metered or permit parking space occupied by any vehicles and equipment. Equipment nonessential to actual filming should be kept at a project base camp which will be determined in conjunction with the village manager's office. 5. Village Control Over Public Streets, Buildings And Filming Activities: The village shall have full and complete control over the use of public streets and buildings of the village while being used for filming, taping or photographing activities, as well as control over the hours of production and the general location of the production. The village reserves the full and absolute right to prohibit all filming, photography or taping or to order cessation of filming, photography or taping if determined to be detrimental to the public health, safety and welfare, and the applicant shall acknowledge its understanding and agreement of these municipal powers as part of the application. 6. Termination Of Permit: Any permit issued herein may be terminated by the village manager in the event of a violation of any of the conditions and requirements established by the village manager pursuant to this section, or of any traffic law or other village regulation, or of a deviation in the production schedule, number of vehicles, equipment location or any other information furnished by the applicant with respect to the permit application. 3 Page 7 of 25  (B) General And Automobile Liability Insurance Required: The applicant shall furnish the village manager with a certificate of liability insurance naming the village, its corporate authorities, officers, officials, boards, commissions, employees, attorneys, agents and representatives as additional insureds with respect to any and all claims which arise out of, or are in any way related to, the operations of the applicant within the village in connection with the particular commercial filming, photography or taping activity for which a permit is sought, in the general liability amount of evidencing coverage with limits no less than two one million dollars ($1 $2,000,000.00) for general liability per occurrence, including bodily injury and property damage, or death to any person or for damage to any property from any occurrence arising out of or in any way related to the applicant within the village, and automobile liability, if applicable, in the amount of one two million dollars ($1 $2,000,000.00), including bodily injury and property damage. If the filming involves hazardous activities, such as explosions, car crashes, fires, etc., a minimum of $5,000,000 general liability coverage per occurrence is required. The Village reserves the right to reconsider the limits of coverage depending on the activities involved in filming. The applicant shall also submit to the village manager attach proof of the appropriate workers' compensation and employer's liability insurance in force with respect to employees of the applicant have been provided for the employees of the filming company. (C) Hold Harmless And Indemnification Agreement: In addition to the insurance requirement, the applicant shall enter into a hold harmless and indemnification agreement, on the form as provided by the village manager, to hold the village and its corporate authorities, officers, officials, boards, commissions, employees, attorneys, agents and representatives harmless, and to defend and indemnify the village with respect to any loss, judgment, damages, costs and expenses, settlement and compromises, claims and causes of action of every kind or nature, arising out of or in any way related to the operations of the applicant within the village in connection with the commercial filming, photography or taping activities within the village for which a permit is issued. (D) Fees And Remuneration For Use Of Public Property/Personnel/Equipment: The applicant shall pay the following permit fees and costs for use of public 4 Page 8 of 25 buildings and areas, and village personnel, vehicles and equipment. The fee for processing the permit provided in this section shall be five hundred dollars ($500.00) seven hundred and fifty dollars ($750.00) and shall be nonrefundable. In addition, the cost of use of police, public safety, public works or other village personnel assigned to the permit activity (whether requested by the applicant or not) shall be: Department Hourly Rate Village Administration & Finance Department Village Manager $350 Executive Assistant Village $290 Clerk/Management Analyst Village Attorney $350 Department Head $290 Supervisory Personnel $190 Clerical/Support Staff $190 Police Department Command Staff (Deputy Chief, $240 Lieutenants, Commander) Sergeants $190 Patrol Officers $160 Support Staff $140 Vehicles $50 Fire Department Command Staff (Deputy Chief, $240 Battalion Chief) Lieutenants $190 Fire Medics Paramedics $160 Firefighters $160 Support Staff $140 Light Vehicles $60 5 Page 9 of 25  Ambulance $110 Fire Truck/Engine $460 Public Works Department Supervisors Superintendent $190 Maintenance Workers $140 Light Trucks Medium Trucks $90 Heavy Trucks, Street Sweeper $130 Vehicles Police Vehicles $50 Ambulance $230 Fire Engine $460 Miscellaneous Fire Vehicles $60 Public Works Vehicles $130 Miscellaneous Vehicles (boat, vactor $460 truck, etc.) *All posted rates are subject to modification as determined by the village manager. The rate for use of public property shall be determined by the village manager according to the extent of such use as follows: For total or disruptive use of a public $825.00 per day plus $70.00 per hour for building during regular operating each hour or part thereof beyond regular hours operating hours For partial, nondisruptive use of such $510.00 per day plus $35.00 per hour for public building each hour or part thereof beyond regular operating hours For total closure of a public street, $80.00 per hour park area or right of way 6 Page 10 of 25 For partial closure or obstruction of $40.00 per hour such public street, park area or right of way For use of the river, additional fees may apply Applicant will be responsible for obtaining permission from BNSF if filming, photography or taping on rail tracks is requested and for providing any required flagmen and/or road signage. Applicant will assume full responsibility for notifying residents, business owners, or other affected individuals within the two hundred (200) yard area of the proposed filming activity. The notification shall include a resident acknowledgement document. Residents will sign off on this document stating that they either approve or disapprove of the proposed activity and the hours involved. Seventy five percent (75%) of residents within the two hundred (200) yard area must give their approval before a project can commence. The village manager may waive part or all of the fees for a nonprofit organization at his or her discretion. (E) Notification; Preproduction Meeting: The applicant shall be required to contact any or all property owner(s) and residents in the affected neighborhood as defined by boundaries set by the village manager. The applicant shall write a short description of the proposed project along with the filming schedule to distribute to the property owners or residents. The applicant shall provide a report attesting to such distribution and noting any owner or resident's reaction along with the addresses and phone numbers of all reacting property owners. This completed report must be delivered to the office of the village manager prior to approval for filming. The applicant is also required to meet with village staff at least forty eight (48) hours in advance of the desired production date. (F) Surety Bond Required: In addition to the foregoing requirements, the applicant shall, as a part of any application for commercial filming, photography or taping, deposit with the village treasurer cash or a surety bond in the amount of fifteen thousand dollars ($15,000.00) as security for the payment of any damage which may result to such public way, public park or public building by reason of the applicant's use of the same pursuant to a permit to be issued 7 Page 11 of 25 herein. Any part of said deposit not needed or used to repair, replace or restore damage so occasioned to public property by the applicant at the end of the permit period shall be returned to the applicant within ten (10) days after the expiration date. The cash deposit or surety bond is required before a permit can be issued. (G) Village Recognition: The village shall be duly recognized in the publication of any film, tape or periodical, which includes therein public buildings or public areas of the village. (Ord. 2844, 12-19-2013) 8 Page 12 of 25 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CLERK'S CERTIFICATE I, Ethan Sowl, Clerk of the Village of Riverside, in the County of Cook and State of Illinois, do hereby certify that the attached and foregoing is a true and correct copy of that certain Ordinance now on file in my Office, entitled: ORDINANCE NO. __________ AN ORDINANCE AMENDING THE VILLAGE CODE OF THE VILLAGE OF RIVERSIDE, ILLINOIS RELATIVE TO COMMERCIAL FILIMING, PHOTOGRAPHY AND TAPING ACTIVITIES WITHIN THE VILLAGE which Ordinance was passed by the Board of Trustees of the Village of Riverside at a Regular Village Board Meeting on the ___ day of ________________, 2023, at which meeting a quorum was present, and approved by the President of the Village of Riverside on the ___ day of ____________________, 2023. I further certify that the vote on the question of the passage of said Ordinance by the Board of Trustees of the Village of Riverside was taken by Ayes and Nays and recorded in the minutes of the Board of Trustees of the Village of Riverside, and that the result of said vote was as follows, to-wit: AYES: _________________________________________________________ NAYS: _________________________________________________________ ABSENT: _______________________________________________________ I do further certify that the original Ordinance, of which the foregoing is a true copy, is entrusted to my care for safekeeping, and that I am the lawful keeper of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Riverside, this ___ day of ________________, 2023. ________________________________ Village Clerk [SEAL] Page 13 of 25 AGENDA ITEM SUMMARY Agenda Item AN ORDINANCE AMENDING TITLE 8, CHAPTER 2 OF THE VILLAGE CODE RELATING TO COMMERCIAL FILMING, PHOTOGRAPHY AND TAPING ACTIVITIES Meeting Date: March 7, 2024 ☒ Ordinance ☐ Resolution Submitted By: Anne Cyran, Village Planner ☐ Bid Authorization/Award Department: Community Development ☐ Information ☐ Other The Village Code provides standards for commercial filming, photography, and taping activities. The code requires that an application to be submitted and approved prior to the start of these activities. In response to recent non-permitted commercial filming in the Village, staff proposes to amend the standards to: 1. Clarify that the owner of property where commercial filming, photography and taping activities occur is responsible if the required permit is not submitted and approved within the specified timeframe prior to the start of the activities. 2. State that any person convicted of violating the standards shall be subject to the standard penalty provisions in the Village Code. The Village will periodically notify property owners who register their properties on site scouting websites of the Village’s requirements relating to commercial filming, photography and taping activities. ACTION PROPOSED Action Requested: ☒ Approval ☐ Discussion ☐ Information Motion to approve an Ordinance amending Title 8, Chapter 2 of the Village Code relating to commercial filming, photography and taping activities. ATTACHMENTS A. Ordinance Page 14 of 25  VILLAGE OF RIVERSIDE ORDINANCE NO. 2024-O-__ AN ORDINANCE AMENDING TITLE 8, CHAPTER 2 OF THE VILLAGE CODE RELATING TO COMMERCIAL FILMING, PHOTOGRAPHY AND TAPING ACTIVITIES Adopted by the President and Board of Trustees of the Village of Riverside this ____ day of March, 2024 Published in pamphlet form by direction and authority of the Village of Riverside, Cook County, Illinois this ____ day of March, 2024 Page 15 of 25  VILLAGE OF RIVERSIDE ORDINANCE NO. 2024-O-__ AN ORDINANCE AMENDING TITLE 8, CHAPTER 2 OF THE VILLAGE CODE RELATING TO COMMERCIAL FILMING, PHOTOGRAPHY AND TAPING ACTIVITIES WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations governing traffic, the use of sidewalks, streets, and public rights-of-way, and protecting the public health, safety, and welfare of its citizens; and WHEREAS, in connection with this authority, the Village has established certain regulations in Title 8, Chapter 2, Section 24 of the Village Code governing the use of any street, right of way, or public building, equipment or personnel for commercial uses in the filming, photography or taping of movies, television programs, commercials, or training films and related activities (“Commercial Filming Regulations”); and WHEREAS, the Village desires to amend the Commercial Filming Regulations as set forth in this Ordinance (the “Proposed Amendments”); and WHEREAS, the President and Board of Trustees have considered the Proposed Amendments and determined that they are necessary, desirable, and appropriate, and in the best interests of the Village and its residents; NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Riverside, Cook County, Illinois, as follows: SECTION ONE: Recitals. The foregoing recitals are hereby incorporated into and made a part of this Ordinance as if fully set forth. SECTION TWO: Amendment to Section 8-2-24. Section 8-2-24, titled “Commercial Filming, Photography and Taping Activities,” of Chapter 2, titled “Street and Sidewalk Regulations,” of Title 8, entitled “Public Ways and Property,” of the Village Code is hereby amended as follows: 8-2-24: COMMERCIAL FILMING, PHOTOGRAPHY AND TAPING ACTIVITIES: Page 16 of 25 (A) Permit Required: 1. Application: The Village Manager may authorize the A permit issued by the Village Manager shall be required for any person or entity to use of any street, right of way, or public building, equipment, or personnel for commercial uses in the filming, photography or taping of movies, television programs, commercials, or training films and related activities (“Commercial Filming”). Any property owner that consents to the use of their property in connection with Commercial Filming shall ensure that the person or entity performing the Commercial Filming has received a permit before such Commercial Filming takes place, and the failure to do so shall be a violation of this chapter. In conjunction with any Commercial Filming these uses, the Village Manager requires that any or all of the conditions and/or remunerations as specified on the application in this code be met as a prerequisite to that use. The permit application must be filed with the Village Manager within the following time lines: Feature films - fourteen (14) days prior to filming. Episodic television - seven (7) days prior to filming. Commercials - three (3) days prior to filming. * * * (H) Enforcement: Any person convicted of violating any provision of this chapter shall be subject to the penalty as provided for by section 1-4-1 of this code for each offense, and each day upon which such violation continues shall be regarded as constituting a distinct and separate offense. In connection with such violations, the police officer or other designated officer may employ the compromise and settlement procedures as provided in section 1-4-6 of this code. Page 17 of 25  SECTION THREE: If any provision of this Ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid provision or application of this Ordinance is severable. SECTION FOUR: This Ordinance shall be in full force and effect following its adoption, approval, and publication in pamphlet form as provided by law. ADOPTED this ______ day of _____________________, 2024, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED by me this _______ day of _________________, 2024, and attested to by the Village Clerk this same day. ____________________________________ VILLAGE PRESIDENT ATTEST: _____________________________________ VILLAGE CLERK Page 18 of 25 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CLERK'S CERTIFICATE I, Ethan Sowl, Clerk of the Village of Riverside, in the County of Cook and State of Illinois, do hereby certify that the attached and foregoing is a true and correct copy of that certain Ordinance now on file in my Office, entitled: ORDINANCE NO. __________ AN ORDINANCE AMENDING TITLE 8, CHAPTER 2 OF THE VILLAGE CODE RELATING TO COMMERCIAL FILMING, PHOTOGRAPHY AND TAPING ACTIVITIES which Ordinance was passed by the Board of Trustees of the Village of Riverside at a Regular Village Board Meeting on the ___ day of ________________, 2024, at which meeting a quorum was present, and approved by the President of the Village of Riverside on the ___ day of ____________________, 2024. I further certify that the vote on the question of the passage of said Ordinance by the Board of Trustees of the Village of Riverside was taken by Ayes and Nays and recorded in the minutes of the Board of Trustees of the Village of Riverside, and that the result of said vote was as follows, to-wit: AYES: NAYS: ABSENT: I do further certify that the original Ordinance, of which the foregoing is a true copy, is entrusted to my care for safekeeping, and that I am the lawful keeper of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Riverside, this ___ day of ________________, 2024. ________________________________ Village Clerk [SEAL] Page 19 of 25  License Agreement This License Agreement ("License") is made and entered into this ZQL‘day of , 2024, by and between the Village of Brook?eld, an Illinois municipal corporation (herein referred to as "Licensor"), and Morton Jankel Zander, Inc., a California corporation (herein referred to as "Licensee"). Licensee desires to enter onto the property commonly known as that part of Broadway Avenue, from the intersection of Monroe Avenue and Broadway Avenue, to the intersection of Maple Avenue and Broadway Avenue, as illustrated in Exhibit “A” attached hereto and made a part hereof (the “Property”), for the purpose of utilizing the Property for its commercial ?lming event (the “Event”), and the Licensor is willing to grant Licensee a license to do so, on the terms and conditions set forth below. Licensor hereby grants Licensee and its contractors, subcontractors, invitees, employees and agents (the “Users”), a temporary to enter on the Property for the purposes of utilizing the Property for the Event, subject to the following terms and conditions: (1) TERM. The term of this License shall be for two days, for September 29, 2024, beginning at 5:00 am. and ending at 8:00 pm, through October I, 2024, beginning at 5:00 am. and ending at 8:00 pm. (the “License Term”). (2) RESTRICTION ON USE. Licensee shall only use the Property for the purposes of the Event. The Licensee shall not alter the Property in any fashion without the written consent of the Licensor. Licensee shall, upon termination of this License, immediately cease use of and quit and deliver up the Property to the Licensor peaceably, quietly, and in as good order and condition as the same are now. Licensee shall not carry on, upon the Property or any part thereof, or knowingly permit to be carried on, any trade, business or use of an unsafe or unhealthful nature, or which shall constitute a nuisance. Licensee shall comply with all applicable federal, state, county and local laws, regulations and ordinances, as may be applicable to the Event. Licensee shall comply with the applicable and known requirements of the Village of Brook?eld Police and Fire Departments in producing the Event and shall confer with said departments to ensure safety and compliance with all Village of Brookfreld Ordinances. (3) CONDITION; MAINTENANCE; REPAIR; UTILITIES. Licensee accepts the Property in its current condition, and Licensor makes no representations concerning the condition of the Property. Licensor has no duty or obligation to maintain or repair the Property during the License Term. Any Page 20 of 25 maintenance, repairs or alterations made to the Property by the Licensee shall be made at the sole Licensee shall have no right to recover any such amounts ?‘om the  Licensee shall pay for all labor done or materials furnished in the repair, replacement, development or improvement of the Propelty by Licensee, and shall keep the Property free and clear of any lien or encumbrance of any kind whatsoever created by Licensee’s act or omission. (4) ASSUMPTION OF RISK. Licensee shall use the Property at its own risk; and Licensor shall not be liable for any damage to person or property resulting, directly or indirectly, from Licensee’s use of the Property. (5) INDEMNIFICATION AND INSURANCE. Licensee shall indemnify and save harmless Licensor and its of?cials, of?cers, employees, staff, contractors, agents, representatives, consultants, successors and assigns (collectively, the "Indemnitees"), from and against any and all losses, veri?able and substantiated damages, third—partyclaims, actions, liabilities, reasonable actual out—of- pocket costs and expenses including, without limitation, reasonable outside attorneys' fees and expenses that the Indemnitees may suffer, incur or sustain arising out of or relating to the activities of Licensee, or any invitees thereof, under this License, or any acts or omissions of Licensee or its contractors, subcontractors, agents, employees, tenants, invitees or representatives hereunder, or with respect to or arising out of any use of the Property or the rights herein granted, or the performance or non—performanceof Licensee's obligations hereunder. The Licensee, in carrying out its obligations hereunder, shall use legal counsel reasonably acceptable to the Licensor. The indemnity required herein shall not be limited by reason of the speci?cation of any particular insurance coverage. The provisions of this Section 5 shall suivive the termination of this License. Licensee shall, at its sole cost, acquire and maintain throughout the License the insurance coverage as set forth in Exhibit “B” attached hereto and made a pa1t hereof. Acceptance by the Licensor of insurance submitted by the Licensee does not relieve or decrease in any manner the liability of the Licensee for performance of the obligations required under this License. The Licensee is responsible for any losses, claims, and costs of any kind that Licensee’s insurance does not cover. The Licensee shall cause its contractors to furnish, to the Licensor, a certi?cate of insurance evidencing coverages and limits otherwise reasonably satisfactory to the Licensor pursuant to Licensor’s requirements. The insurance policy shall be expressly endorsed to include the Licensor as additional insured. Such insurance shall be maintained during the License Term. (6) TRAFFIC CONTROL. Licensor shall provide adequate police and/0r public works personnel for the purpose of directing traf?c in the vicinity of the Property throughout the License Term, and Licensee agrees to reimburse Licensor for such cost. (7) HAZARDOUS WASTE, SUBSTANCES, MATERIALS, EXPLOSIVES. Licensee shall Page 21 of 25 not store, house, possess or permit any hazardous waste, hazardous substances, hazardous materials, or explosives, upon the Propelty, or any part thereof.  (10) AUTHORITY. Each party warrants to the others that it is authorized to execute, deliver and perform this License. Each party warrants to the others that execution, delivery and performance of this License do not constitute a breach or violation of any agreement, undertaking, law or ordinance by which that party is bound. Each individual signing this License on behalf of a party warrants to the others that such individual is authorized to execute this License in the name of the party on whose behalf he or she executes it. (11) Licensor acknowledges and agrees that Licensee is the sole and exclusive owner of all right, title, and interest of every kind or nature in and to all footage, recordings, and all other materials in connection with the Event (collectively, the “Recordings”) worldwide in perpetuity in all media, whether now known or hereafter devised or recognized, without conditions or limitations, all to the fullest extent permitted under applicable law, and under no circumstances may Licensor share or otherwise use any Recordings. Licensor hereby further agrees that neither it nor anyone lawfully in possession,of ,theProperty are or will be entitled to enjoin, restrain, or otherwise interfere with, or seek ‘3to enjoin, restrain, or otherwise interfere with, the creation, production, development, exhibjition, other exploitation of all or any part of the Event and/or any distribution, sale, use, and/or Recordings, and in no event will be entitled to terminate this agreement or any of the rights Licensor and permissions granted hereunder". LICENSOR Village of Brook?eld, an Illinois municipal corporation 1% Timothy C. Wibe , Village Manager LICENSEE Morton Jankel Zander, Inc., a California corporation By: Page 22 of 25 Its:  STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) Before me, the undersigned, a Notary Public in and for said county and state, on this day of September, 2024, personally appearedTimothy C Wiberg, to me known to be the Village Manager of the Village of Brook?eld, an Illinois municipal corporation, who executed the foregoing License Agreement and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act of the Village of Brookfreld, for the uses and purposes therein set forth. SEAL ; K DOUGOFECIAL A EDWARD COOPE Notary Public,State of tilino'i: My Commission Expires: OI(a—9‘7 CommissionNo. 754965 My CommissionExpires September 06, 2027 STATE OF ) )ss COUNTY OF ) On this day of September, 2024, before me, a Notary Public in and for said State, personally appeared, , to me personally known as the of Morton Jankel Zander, Inc., who being by me duly sworn did say that he/she executed the said instrument as his/her voluntary act and deed for the purposes set forth herein. Notary Public My Commission Expires: Page 23 of 25  EXHIBIT A PROPERTY ‘LICENSE 1 '3???” i5?“ nuswananal Bank-Wk?d I7 ‘ Location Mammér ‘ Ben Miner WWW-52554 Page 24 of 25  EXHIBIT B A A COR D DAYEIIWDDNWV] CERTIFICATE OF LIABILITYINSURANCE CERTIFICATE DOES NOT AFFIRMATIVELYDR NEGATIVELY AMEND, EXTENDOR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCEDOES NOT CONSTITUTEA CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVEOR PRODUCER. AND THE CERTIFICATE HOLDER. WANT: If the cenlllcale holder Is an ADDITIONAL INSURED,(he pulleyIIes) mus! have ADD ONALINEUREUprov 5 ans or Be enaorsea. SUBROGATION IS WAIVED, subject to ihe tenns and CondlIIOnS of (ha pOlICy, cenaIn pnlicles I may requtm an endorsement. A statement on tnIs Cer??cale does not confer rights to the cenmcnIe holder In lieu of such endorsemenl(s). FROnuCER: “~me G4Rube" Insurance Swims, "m . NAME. Knsmphul Mmhyl sun Sallmadz 707 wIIsII‘Ie Dlvd., SUIIE2600 1:22;;ch rAx Los Ange:es, CA 900 I7 IAIC N0 EXI): DIE-102.0029 we No): EMAILADDRESS: opheunumymnn Cami Suulsada EiIlmedi?acn.cDm Inst-mm ARanIIng Coy-rag. NAIC a INSURERA : GREATDIVIDE INSURANCECOMPANY 25220 INSURED _ Mom" dank“ Land“ In INSURER B . INSURANCECOMPANYOF THE STATE OF PENNSYLVANIA 19,29 220150th CanIIEIIna Avenue INSURER ENERALSTAR NAnoNAL INS C0 ”907 Los Angeles, CA 90064 INSURER u: INSURER INSURERr : COVERAGES CERTIFICATENUMBE - THIS IS To CERTIFY THAT THE POLICIES OF INSURANCE USTED DELDw REVISION NUMBER: HAVE SEEN ISSUED To THE INSURED NAI.IED 110ch FOR THE POLICY PERIOD INDICATED. ANY REDUIREMENT. TERM OR coNOInON OF ANYCONTRACT OR OTHER DOCUMENTWIVH RESPECT To WHICH THIS NOTwITHSTANDING AETORDED av THE POLICIESDESCRIBED HEREINIs SUBJECT To ALL THE CERTIFICATE mtv BE ISSUED on my PERTAIN, THE INSURANCE TERMS. EXCLUSIONSANDCONDITIONSOF SUCN POLICIES. LIIIITS SHOWN MAY HAVE CLAIMS, BEEN REDUCED av PAID LIMITS SHOWN ARE AS REQUESTED. wsn AnnL suaR poucv EFF PDLIcv EXP LTR “FEE OF INSURANCE INsD wvu mucv NUMBER 1mm:0mm (“1000/va uMITS ? X COMMERCIALGENERALLIAEIUTV CNA752599M° WIS/2°24 05“)”2025 EACH OCCURRENCE 51.000000 B x CLAIIISIIADE OCCUR DAV/ICE TD RENTED PREMISES [Ea acumen/2) II 000 000 ' W511021025 - O?lSIde aI Uta Us, II-ED EXP IAn an: person) EXCLUDED x IIs [Elmorios and possessions. Ema“ 0. Die ”shimmy “ml PERSONALLADVINIURV 31.000000 GEN‘L AGGREGATE LIMITAPPLIES PER: wveragn. Pm. GENERAL AGGREGATE 02.000000 POLICV X JECT LoC PRODUCTS . COMP/OP AGG 31.000000 OTHER: A Amman“ ”ABILITY CNA7525990~10 07/15/2024 05/01/2025 LIMIT 0 (CEDEEEQEEIFNGLE “000.000 Am AUTO . w511021025 _ 0mm 01 me Us. EDDILV INJURY (Per pus/m) mm: SCHEDUIED IIs |ETriIDrIE5 and possasSI'Dns. mos om x _ AUTOS Excess A DIC oI SlalulO/y local 800’” 'NNRV (FA/mam) HIRED I.0~O.It.sn coverage. momma/t AGE x AUTOS mm x AUTOS ONLv {Per acddem) ’7 x UMBRELLA IJAB x OCCUR 07/‘5’2‘72" 05/01/2025 Clxggsggggu EACH DCCURRENCE “0.000.000 ‘3 x ExcEss LIAD CLAIMSMADE AGGREGATE 310000.000 DED RETENnG $9,000,000 xs OF WD ER m $10 000 000 m: OM EMPLOVERS' LIABILII'V SWUIE ER vI N ANYPROPRIETDR/PARI'NER/EXECUTNE OFFICER/MEMBER EXCLUDEDI E.L. EACHACCIDENT [Manamty In NH] Mes, descme undEr E.L. DISEASE-EAEI.IPLOVEE DESCRIPTIONOF OPERATIONS befvw A EL. DISEASE ~POLICV LINIT mm» as PRnDuc mm mm “Tmyanme‘VDEAt-AEEGE CNA7525990 .10 07/15/2024 05/01/2025 Mscauxmu: EQUIPMEAY um mmm, New mm mops snxlvwxnnoa: Itumcmlbconlur w VEHICLEPHI/501nm: Manama-u. um I: IImmImmm DESCRIPTIONOF OPERAnoNsILocAI-IDHSIVENIGLES(ACDRD101 my wItI. "91min clalms mm mmm. nsgllamn oI tn. Numd Insurld Ind is nqnlnd 011:0de .tRwImm-nt Cox! Mun u uhd 0y unmet), Plopl. sm 1. Wardmhl.m1 HIud/Nawwnod Amby Tm. rItIs cmmut- dou "DI mum.“land or uh» I». Can/lat mama by an pallcltl ntmn. CANCELLATION Village of Brook?eld Page 25 of 25 ‘ 8820 Brook?eId Ave. SHOULD ANY OF THE MOVE DESCRIBED POLICIES BE CANCELLEDBEFORE THE EXPIRATIONDATE THEREOF.NOTICE WILL BE DELIVERED IN ACCORDANCEWITHTHE POLICYPROVISIONS,