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HomeMy WebLinkAboutKIN 98 005 Agree-KTG Rental Spa .- ~' · · · THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1998-05 A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE KINCARDINE THEATRE GUILD FOR THE RENTAL OF TOWN HALL FACILITIES WHEREAS The Corporation of the Town of Kincardine entered into an Agreement with the Kincardine Theatre Guild for the rental of Town Hall Facilities; WHEREAS the Council for The Corporation of the Town of Kincardine deemed it advisable to re-negotiate this Agreement with the Kincardine Theatre Guild for the rental of Town Hall Facilities and the ancillary services associated with these facilities; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That The Corporation of the Town of Kincardine rescind the Agreement with the Kincardine Theatre Guild dated the 5th day of October 1995 and replace with the renegotiated Agreement attached to this by-law. 2. That the Mayor and Clerk be authorized to sign. on behalf of The Corporation of the Town of Kincardine the Agreement with the Kincardine Theatre Guild, attached to this by-law and to affix the Town's corporate seal as and when required. 3. That this by-law shall come into full force and effect upon its final passage. 4. That this By-law may be cited as the "Kincardine Theatre Guild Renegotiated Rental Agreement By-law". READ a FIRST and SECOND time this 5th day of February, 1998. READ a THIRD time and FINALLY PASSED this 19th day of February, 1998. ~,(- ~. Mayor ;' ?G1U~OJM Clerk ,.~' ~. ,tf tit " " THIS AGREEMENT made in TRIPLICATE this \ 0. \lœy of -3\2..b ,1998. BETWEEN: THE CORPORATION OF THE TOWN OF KINCARDINE (hereinafter called "the Town") of the first part; AND THE KINCARDINE THEATRE GUILD (hereinafter called the "the Guild" of the second part. WITNESSETH that in consideration pfthe rents, covenants and agreements hereinafter reserved and contained on the part of the said Guild, to be paid, observed and performed, the said Town has demised and leased and by these presents doth demise and lease unto the same Guild; The Guild and Town hereby agree to the following: 1. The Guild shall pay a rental fee for the use of the Town Hall auditorium, 707 Queen Street, Kincardine, for its regular theatre productions. The rental fee for 1998 shall be $1,200.00 (one thousand, two hundred dollars) per production, which shall include the use of the auditorium for rehearsals, technical preparation, and the performance itself. This rental fee shall also include the use of the old firehall, the washroom on the west level of the firehall, and the first floor washroom located at the base of the east staircase in the main building. 2. The fee for the years 1999 to 2000 inclusive, per production, shall be as follows: 1999 2000 $1,200.00 $1,200.00 (olle,thousand, two hundred dollars) (one thousand, two hundred dollars) 3. Any federal or provincial taxes payable on the rental fee shall be in addition to those amounts specified herein. 4. The Guild is permitted to install. in the auditorium, at its own expense, technical facilities, sets, and other production requirements, provided that prior permission is obtained &om the Town, an!! are subject to the following provisions: (i) all alterations shall conform to all building regulations then in force affecting the premises. (ii) all alternations will not be of such kind or extent as to in any manner weaken the structure of the, building after the alterations are completed or reduce the value of the building. 5. The Guild agrees that at the conclusion of this agreement (or any subsequent agreement which may extend the term of this agreement) the auditorium must be restored to a condition satisfactory to the Town. .../2 j ~ - - - -2- o~ ~ 6. The Guild agrees to provide volunteer labour to perform maintenance work as agreed by both parties. 7. The Guild will be responsible for booking the Town Hall facilities; such bookings to be allowed on a first~ome, first-served basis. 8. The Town agrees to provide caretaking services for the auditorium on a regular basis, and to supply all paper products for the washroom facilities. The Guild shall be responsible for maintaining cleanliness following construction of sets, disposal of waste lumber, etc. 9. The Guild shall be responsible for ensuring that all doors are locked upon leaving the building after use. If the Guild fails to ensure the doors are secured, with a resulting loss to the Town, the Guild shall bear the responsibility for those costs. 10. The Guild agrees to pay to the Town the going rate for rental of the Town Hall facilities for any other purpose than its regular productions (e.g. workshops, meetings, etc.). 11. The Guild agrees that no goo!!s, fixtures or chattels belonging to the Town shall be removed &om the premises ,without the written consent of the Town. 12. The Town agrees to allow the ,Guild to erect a sign on the outside door of the auditorium; the size, colour and type to be approved by the Town prior to the erection of such sign(s). The Town acknowledges that the sign presently installed on the auditorium door is acceptable. 13. The Guild agrees to abide by all fire and building regulations, including ensuring the stairwells and entrances are unencumbered for safety reasons. .- 14. The Town shall not be responsible for any personal injury which shall be sustained by the Guild or any employee, customer or other person who may be upon the premises or in the building or the entrances or appurtenances thereto. All risks of any such injury being assumed by the Guild, who shall hold the Town harmless and indemnified therefrom. 15. The Guil!! shall provide to the Town adequate proof of insurance (for liability and personal property) to the satisfaction of the Town and shall name the Town as an additional named insured on their liability insurance policy. 16. The term of this agreement,shall be &om the date of this agreement until December 31, 2000. Renewal ,of this agreement will be at the discretion of the Town. Should the Guild no longer require the use of the facilities, this agreement will automatically terminate. 17. Not withstanding clause 16, this agreement may be terminated by either party upon six (6) months written notice to the other. .../3 ., ~ - ~ ~ ~ ",<".~. ,..,.,~.,. ''':'"','';'''''':'- -3- 18. In this agreement, words importing the singular shall include the plural and vice- versa, and words importing the masculine gender shall include the feminine gender, and words importing persons shall include firms and corporations, and vice versa. IN WITNESS WHEREOF the parties hereto have executed these presents. SIGNED, SEALED AND DELIVED in the presence of THE CORPORATION OF THE TOWN OF KINCARDINE }bA-(l. ~f:.-. May6r Qr-::;ml-n"... Clerk THE KINCARDINE THEATRE GUILD: 4 ¡tJ~ Witness f4' , ~A AÚ () President' 11 ¡J~iZ / ~ ~6~ Secretary Witness