HomeMy WebLinkAbout02 050 agree kin arts centre
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THE CORPORATION OF THE MUNICIPALITY OF KINC INE
BY-LAW
NO. 2002 - 50
A BY·LAW TO AUTHORIZE THE SIGNINq OF
AN AGREEMENT WITH THE TENANTS OF THE ~INCARDINE
CENTRE FOR THE ARTS ,
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WHEREAS the Council for The Municipality of Kincardine dee s it advisable to
enter into an Agreement with Bluewater Summer Playhouse, T e Kincardine
Theatre Guild, The Kincardine Scottish Festival and Highland G mes, Kincardine
Artists, Inc. and Heritage Kincardine;
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AND WHEREAS this Agreement provides that the Kincardine rentre for the Arts
Committee shall act in the capacity of landlord on behalf of the unicipality of
Kincardine;
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AND WHEREAS the Kincardine Centre for the Arts Committee proposes to enter
into leases with the tenants of the building in order to fulfill its r~le as landlord;
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NOW THEREFORE the Council for The Corporation of t~e Municipality of
Kincardine ENACTS as follows: ,
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1. That the Corporation of the Municipality of Kincardi e enter into an
Agreement with Bluewater Summer Playhouse. the Kinca ine Theatre Guild,
The Kincardine Scottish Festival and Highland Games, Kin ardine Artists. Inc.
and Heritage Kincardine.
2. That the Mayor and CAO be authorized to sign, on behalf f The Corporation
of the Municipality of Kincardine, the Agreement with luewater Summer
Playhouse. the Kincardine Theatre Guild, the Kincardine Sottish Festival and
Highland Games, Kincardine Artists, Inc. and Heritage Kin ardine attached to
this by-law and to affix the corporate seal as and when req ired.
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3. That the Treasurer of The Corporation of the MuniciPal~1 of Kincardine be
authorized to sign the Agreement attached to this by-Ia on behalf of the
Kincardine Scottish Festival and Highland Games and He age Kincardine.
3. This By-law shall come into full force and effect upon its fi~al passage.
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4. This By-law may be cited as the "Kincardine Centre fo~ the Arts Tenants'
Agreement, By-law". I
READ a FIRST, SECOND and THIRD TIME and DEEMED ~O BE PASSED this
24111 day of April 2002. i
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KINCARDINE CENTRE FOR THE ARTS AGREEMENT
This AGREEMENT made this d~ay of ~JL-l.l , 2002.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
of the First Part,
-and-
THE BLUEWATER SUMMER PLAYHOUSE
THE KINCARDINE THEATRE GUILD
THE KINCARDINE SCOTTISH FESTIVAL & HIGHLAND GAMES
KINCARDINE ARTISTS, INC.
HERITAGE KINCARDINE
Hereinafter called the "Tenants'
Of the Second Part.
WHEREAS the Municipality and the tenants wish to enter into an agreement whereby
the Kincardine Centre for the Arts Committee shall act in the capacity of the landlord on
behalf of the Municipality of Kincardine for the property known as the old Kincardine
Townhall, known municipally as 707 Queen Street, Kincardine;
AND WHEREAS the Kincardine Centre for the Arts Committee proposes to do this by
entering into leases with tenants for the use of the building (by use of this document)
from which all revenues shall be used to cover all operating and utility costs of the old
Townhall (now Kincardine Centre for the Arts);
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the
mutual covenants and agreements hereinafter contained, and subject to the terms and
conditions hereinafter set out, the parties agree as follows:
1.
The Kincardine Centre for the Arts Committee shall be responsible for the utility
and day-to-day maintenance costs of the old Townhall (Kincardine Centre for the
Arts).
2.
The Kincardine Centre for the Arts Committee may rent out space to tenants
(see Schedule "A" for details) in the old Townhall (Kincardine Centre for the Arts)
as a means of raising funds to meet the utility and day-to-day maintenance costs
of the building.
3. The Kincardine Centre for the Arts Committee agrees to follow the policies of the
Municipality of Kincardine.
4. The Kincardine Centre for the Arts Committee agrees to rent space to the
following original founding groups of the Kincardine Centre for the Arts.
(Bluewater Summer Playhouse, The Kincardine Theatre Guild, The Scottish
Festival and Highland Games, Kincardine Artists, Inc.).
5. The term of this agreement shall be five (5) years commencing May 1, 2002 and
expiring on April 30, 2007. Please note that rental rates shall be reviewed on an
annual basis.
6.
Either party may terminate this agreement by giving ninety (90) days written
notice to the other. The rental agreements, which the Kincardine Centre for the
Arts Committee may enter into with tenants, must include a ninety- (90) day
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Kincardine Centre for the Arts Agreement
termination clause. Note: Both the Bluewater Summer Playhouse and
Kincardine Theatre Guild are exempt from this provision.
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7.
Names and nature of business of prospective tenants must by approved by the
Municipality's CAO in advance of the Kincardine Centre for the Arts agreeing to a
lease with new tenants (I.e. non-original founding tenants).
8. The Kincardine Centre for the Arts Committee shall be responsible for all-utility
costs, minor maintenance, and cleaning and snow removal. Minor maintenance
includes such items as light bulbs, washroom supplies, soap, etc. (Minor
maintenance is financially defined as repairs and maintenance less than
$5,000.00). Please note the Municipality is represented by the Public Works
Manager on building maintenance Issues.
Major property repairs required, would be covered by the Municipality and/or its tiO
insurance policy. (Major maintenance is financially defined as repairs and ~ 6(
maintenance over $5,000.). Please note that the Municipality is represented by t;J-
the Public Works, Manager on building "ji~nangr issues\(l "'--~ ~~' c ~
VV'-CA....~~ t.\-~~ ~ .æ... v...ì:\ Io~ ~\J"'-' ~,
10. Any alterations required for tehanfSšiïall requlreS~ wÌ'ñten ~~al 'bf th
Municipality's C.A.O. in advance of any work being carried out. All such
Arts Committee (or the tenant as the case may be).
Repairs, which are a result of damage caused by the tenants, shall be either ,. f'\
fixed by the tenant or by financial restitution. 'U-'
::: = ,i:dlily v:uuld eever 1'61'8il'S, ·;.*IÍBR SI'Q iii l'Q&wlt 9f rlqpr..,.¡",tinn w~ ~;-
aRg tear, 6t(.. r p'
Any realty or business taxation resulting from the use of the building by the .~
Kincardine Centre for the Arts Committee and/or tenants shall be the
responsibility of the Committee.
9.
11.
The Tenants shall add the Municipality as an additional-named insured to its
liability insurance policy.
12.
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15. Any exterior signage advertising tenants, the Kincardine Centre for the Arts
Committee etc. is to be approved, in writing, by the Municipality's CBO. Such
advertising shall be in accordance with the Municipality's sign by-law and in
· concert with its heritage designation.
16. The Kincardine Centre for the Arts Committee and tenants understand that the
building is a designated building under the Ontario Heritage Act, and absolutely
no alterations or changes are to be made to the exterior of the building without
Council approval, within the conditions of that designation.
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17. The Municipality reserves the right to amend the terms and conditions of this
agreement upon mutual notice between the parties.
18. The Municipality may, at any time, enter and inspect the premises. The
Municipality shall give 24-hours notice, if required, to enter and inspect (except in
the instance of building inspection services resulting from the issuance of a
building permit).
19. This Agreement cannot be transferred or assigned to another party without the
consent, in writing, of the Municipality, and the Municipality may require the
payment of a fee as a condition of granting such consent.
20. If the Kincardine Centre for the Arts Committee requires work to be carried out
by the Municipality on the building, such request shall be submitted to the
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Kincardine Centre for the Arts Agreement
Municipality, together with cost estimates, no later than September 30111 of each
year in order that the Municipality may determine if such expenditure should be
included in the following year's budget. The inclusion of such work in the
Municipality's budget is at the complete discretion of the Municipality.
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21. The Kincardine Centre for the Arts Committee shall supply to the Municipality by
January 31st of each year, a financial statement showing the revenue and
expenditure received and made by the Kincardine Centre for the Arts Committee
with respect to the building. Each year, a percentage of the net rental revenue
shall be credited to the Kincardine Centre for the Arts Reserve Funds (Elevator W
reserve, Building maintenance, & new Kincardine Centre for the Arts fund). Note
the Municipality may utilize funds from the building maintenance reserve fund to ~
fund repairs over $ 5,000 as "'tlttlall) agreed tI~eFl BY þgUl ~6, I;~" (as /J Þ
administered by the Municipality). These reserve funds shall be used by the ~/)I(
municipality to fund future capital repairs and or mutually agreed maintenance
projects that relate to the building at 707 Queen Street, Kincardine.
22. Both the Bluewater Summer Playhouse and Kincardine Theatre Guild may
extend this agreement a further five years if a mutual agreement is reached.
IN WITNESS WHEREOF the MuniciPal~eto~~ts corporate seal attested
by the hands of its Mayor and CP.Q tl1is . ay 0 ,2002. The Tenants have
. hereunto set their hand thisð4-~ay ,200 .
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SIGNED, SEALED AND DELIVERED )
in the presence of )
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Witness
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THE CORPORATION OF THE
MUNI ALITY OF KI ARDINE
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CAO ::-,'
Bluewater Summer Playhouse
PreBiEleFlt I ave authority to bind lI1e Corporation)
\ÇE'(i<....u,{"e,
The Kincardine Theatre Guild
per: tM~ d~
President
The ncardine Scottish Festiva~
Highland Games
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Treasurer, Municipality of Kincardine
(I have authority to bind the Corporation)
Heritage Kincardine
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Treasurer, Municipality of Kincardine
(I have aull10rity to bind lI1e Corporation
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SCHEDULE "A"
KINCARDINE CENTRE FOR THE ARTS TENANT SPECIFICS
April 10, 2002
1.
Following are the current tenants of the Kincardine Centre for the Arts:
i) Bluewater Summer Playhouse
ii) Kincardine Theatre Guild
iii) Kincardine Scottish Festival and Highland Games
iv) Kincardine Artists, Inc.
v) Heritage Kincardine *.
2. Following are the specific details of rental set-ups at the Kincardine Centre
for the Arts:
i) Bluewater Summer Playhouse ***:
a)
rents space for $200.00/month plus GST (tenant since July
2001 );
rents storage space for $50.00/month plus GST (since
October 2001);
rents auditorium for $1,500.00 plus GST for three months
each year (June 16 - September 15).
b)
c)
ii) Kincardine Theatre Guild ***:
a) rents auditorium for $3,600.00 plus GST for nine months
(September 16 to June 15).
Iii) Kincardine Scottish Festival & Highland Games ***:
a) rents office space for $200.00/month plus GST (since
September 2001).
iv) Kincardine Artists, Inc. ***:
a)
operates a gallery on a year round basis and pays 50% of its
net profit plus GST after expenses (tenant since August
2001 ).
v) Heritage Kincardine ***:
a) use the main floor vault and meeting space at no charge.
3. Rent is due the first day of each month.
4. Tenants must obtain committee approval before any changes may be
made to their offices or to the auditorium (I.e. paint, carpet, etc.)
5. Absolutely no changes may be made to the exterior of the building.
6. Tenants are responsible for the removal of their own garbage.
7. Tenants are responsible for their own office expenses such as fumiture,
photocopier, fax, phone, etc.
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9.
Rent includes hydro and water charges.
Each group is assigned two keys per office and each key must be signed
out. Replacement keys are only available from the Recreation Supervisor.
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SCHEDULE "A"
KlNCARDINE CENTRE FOR THE ARTS TENANTS SPECIFICS
April 1 0, 2002
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10. Bluewater Summer Playhouse has access to the auditorium from June 16
to September 15 and the Theatre Guild has access to the auditorium from
September 16 to June 15. If a group wishes to rent the auditorium, it is up
to the current tenant (either Bluewater Summer Playhouse or Kincardine
Theatre Guild) to decide on the rental and is allowed to keep the rental
money from that particular function.
... Please note that Heritage Kincardine has been added as a tenant
of the Arts Centre.
... Please note that GST is added to all the monthly rates charged to
Kincardine Centre for the Arts tenants.