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Volume 2083
Danton Burroughs Family Scrapbook Series
presents
ERB BUSINESS LETTERS
From the 1920s
 
Telephone Chickering 7959
REPUTABLE PICTURES CORPORATION
220 West Forty-Second Street
New York City
Dec. 28th 1923
Mr. Edgar Rice Burroughs,
Tarzana Ranch,
Van Nuys, California

My dear Mr. Burroughs :-
Confirming our respective wires of December 24th, 25th, and 28th, I am giving you herewith, in detail, the proposition outlined in my night letter under date of December 24th.

The idea of the story, upon which we are now negotiating, is to be a new and original theme and the title of the story is to be known as "THE DAUGHTER OF TARZAN". The theme for the story is to be furnished either by yourself or me. Should you considerit more advisable that you write the theme, then, in that event, all that I would desire would be a synopsis from which to prepare the continupity for the picture. On the other hand, should you consier it to the best interest of the proposition that I write the synopsis and the main idea of the story, I am prepared to commence work immediately upon the consummation of negotiations.

The story "THE DAUGHTER OF TARZAN" shall be presumed as an original script under the authorship of Edgar Rice Burroughs.

Edgar Rice Burroughs is to receive the sum of $5000 advance, to be paid upon the execution of agreements mutually equitable and satisfacdtory to both parties.

The production cost is not to exceed $75000, and Edgar Rice Burroughs shall be entitled to receive as his share, 10% of the net profits above the actual production cost of $75000.

The $5000 advance to Edgar Rice Burroughs shall be considered as the advance against the 10% royalty on the net profits of the production "THE DAUGHTER OF TARZAN".

It shall be understood that Edgar Rice Burroughs is to retain all publication rights in word form, and he shall make no accounting to the producer of the picture for any receipts accruing from the sale of the said rights.

I would like to be assured that you will be in a position to co-operate with me in the selection of the director of the production, and the players who are to play therein, and also in the preparation of the continuity which I contemplate writing at the Coast.

In the making out of the contracts covering this proposition, I would suggest that you be guided by your former agreements along these lines, bearing in mind that the contracts are to be made out personally to me, with the right therein to assign them to a corporation to be specifically formed for the sole purpose of producing the aforesaid story.

Immediately upon receipt of this letter, and after due consideration of the same, I would thank you to advise me, by wire, as to the following points:
        1: Final acceptance of the proposition pending your forwarding of the contracts.
        2: Who shall write the story?
        3: When will the contracts be forwarded?

I ask the foregoing information by wire for the reason that

I would like to come to California immediately upon the receipt of your acceptance of the propopsition and the contracts, so as to start photographing the production no later than February 15th, 1924.

At this time permit me to extend to your family and yourself, my best wishes for THE NEW YEAR.

Sincerely,
Geo. M. Merrick (sig)

GMM:SN

 
.
WESTERN UNION TELEGRAM
10:30 a.m.
To: George M. Merrick
January 26, 1924
Street and No: #220 West 42d St.
Place: New York City

Ready to start story when you arrive. Suggest deferring action on director until then as I would like to have you consider a man I can get who is especially fitted to direct Tarzan picture. I will write Tarzan into the story. Regret that past experience necessitates insistence on paragraph eight.
(Night letter. Paid.)

E. R. Burroughs
.

TARZANA RANCH FILM LOCATION CONTRACT
Over the years numerous Hollywood film companies shot full-length feature films on Tarzana Ranch.
This is one of the license and permit forms that Ed Burroughs had drawn up to protect his property during such projects.
LICENSE AND PERMIT    No. 24
Edgar Rice Burroughs, this..................... day of ............................. 192...., in consideration of $................, the payment of which is due immediately, hereby licenses .........................................................................to enter upon that portion of the premises known as TARZANA RANCH which lies south of the creek bottom, for a period of ................... days, beginning on the .................day of .........................192...., upon the following terms and conditions, which the licensee hereby accepts:
1. This license or permit shall not be assigned or transferred, and is revocable at any time by the licensor, whereupon the consideration, less for the time used on a prorated basis, shall on demand, be returned.
2. The said premises shall be used only for location work in t eh production of motion pictures. A description of the character and kind of work to be done thereon shall be furnished to the licensor before entry upon said premises and this license shall not take effect until the said list shall have been furnished and shall have been approved.
3. Rental shall include the total period from the arrival upon the ranch of any material, properties or members of working company, whichever may be the first to arrive, until the removal of all thereof and shall be payable in advance at the rate of  $............... per ........................
4. Sets may be erected upon sites designated by the licensor and if not removed at the termination of the rental period shall become the property of the said licensor at his option, or may be removed by licensor; in which latter even the licensee agrees to pay the actual cost of such removal, plus 10 per cent.
5. No fire of any kind shall be set out upon said premises or upon said ranch, nor shall any smoking be allowed within any building thereon.
6. The trees, flowers, shrubs and improvements on said ranch shall not be damaged or destroyed upon the termination of said period or other termination of this license, the licensee shall clean up and restore the said premises to their former condition and state, natural damage and wear only excepted, and in the event of failure of licensee to clean up and restore said premises as above, said licensee authorizes licensor to perform such work and agrees to pay the actual cost thereof, plus 10 per cent.
7. The licensee shall be liable and agrees to indemnify the licensor for any and all damage to the land, to the improvements thereon, or to any trees, flowers or shrubs, done or suffered to be done by the licensee, and or by the employes, agents and representatives of the licensee, as follows:
The licensee agrees to pay for the destruction of trees, flowers and shrubs, other than native trees, the actual market replacement value of such based upon variety and age, and he further signifies his full understanding that licensor places a value of not less than $1000.00 each upon all native trees and that in addition to the cash indemnity retired in the event of the destruction of one of these by licensee it is further understood that this permit may be immediately revoked and that tlicensee shall not again be permitted the use of Tarzana Ranch. The licensee shall not permit any person upon said premises or said improvements  by any of said persons, it shall be conclusively presumed that the persons so causing the same are the employees of the licensee, and were at the time, acting with in the scope of their employment and under the direction of the licensee.
8. The licensee further agrees to observe and obey each and all of the rules and regulations made by the licensor for the occupation and use of said premises, and that the directions, warnings and statements of all signs put upon said premises by the licensor shall be strictly observed and carried out.
9. The licensee shall be liable to the licensor and to all other persons for all damages to persons or property occasioned by the licensee's operations under this permit, and the licensee agrees to hold the licensor and the licensor's property harmless therefrom.
10. Name of director working under this permit: ...............................................................
Name and title of licensee's chief representative on this location, if other than above director:
 

Name............................................... Title ....................................................
Working title of picture.......................................................... Star or stars.............................................
LIcensee: Edgar Rice Burroughs.       Licensor........................................................
By. ..........................................................      By ...........................................................
On reverse note description of the character and kind of work to be done under above permit.

.
Coldwater, July 16  1924.

Dear Ed:

As per telegram sold the cottage to George Parker for $500 cash. Check is probably on same mail. This was the best I could do and deal has been held up pending decision. Tom Ball wanted the cottage and offered $750 mostly time payment, but though a family row was impending so decided hurriedly to take cash payment. Roy thought it was positively all it was worth and you would have to wait sometime for your money from Tom.

The cottage is in much worse condition than I at first thought and all those who have looked at it recently declared $500 was a good price for it. I though possibly I could get a rise out of George but he positively would not offer another dollar.

           Leila
LeilaHope it meets with your approval. Send bill of sale to George H. Parker, Coldwater.

Hawley is here and will raise rent to $40 per year with transfer of lease. Also put restrictions on sale of property.

Decided you would wish to avoid any unpleasantness and so closed the sale quickly. I am willing to bear all criticism, was doing the best I could for your interests.

We are all well here. Weather has decided to give us a touchy of summer and it is quite hot today.

Am glad to hear such good news from the family and my daughters. Hope Marjorie and Joan will have another chance soon if the rushes were good.

Best love to you all,

Leila (sig)
 

July 22, 1924
Mrs. William Westendarp
Coldwater,
Michigan
Dear Leila:

I received your letter of the 16th in the same mail with a check from George, and am sending him a bill of sale today. I note that you used airplane postage on your letters, which, like the former letter which you sent by airplane, evidently came by train, as each of them took five days. I thought I would tell you so you could save twenty-two cents on the next one you wished to get through in a hurry.

I am perfectly satisfied with the sale of the cottage, and am very much obliged to you for handling it for me. I think that the buyers there have laid too much stress on the condition of the cottage which is really worth nothing or less. It is the site that is valuable and I hope that George will be able to get Hawley to give him a new lease over a period of years.

I do not understand what you mean by saying that Hawley will raise the rent to $40 per year with a transfer of lease. The people that I have dealt with previously in similar matters were in the habit of living up to their agreements, and for this reason I cannot understand the position that Hawley takes. Am wondering what sort of a person he is.

The lease which I took over from Mr. Branch expires, I believe, in 1927, and stipulated a $20 a year consideration. No matter how many times it is transferred, I do not see how Hawley can raise the rent. There was further a gentlemans agreement that I was to have an option on another ten years at the same rate. Of course I realized then as I do now that in a gentlemans agreement both parties must be gentlemen. However, I guess George will have to fight it out with Hawley.

Yours,

.

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