HomeMy WebLinkAboutKIN 95 061 Amended by No98 05
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THE CORPORA TION OF THE TOWN OF KINCARDINE
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BYLAW NO
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BY-LAW
BY-LAW NO. 1995-61
A BY-LAW TO ENTER INTO AN AGREEMENT WITH THE KINCARDINE
THEATRE GUILD FOR PAYMENT OF RENTAL FEES FOR THE TOWN HALL
AUDITORIUM.
WHEREAS the Council for The Corporation of the Town
Kincardine deems it expedient to enter into an agreement
the payment of rental fees for the Town Hall Auditorium
the Kincardine Theatre Guild.
of
for
with
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
1. The mayor and the clerk are hereby authorized to execute,
on behalf of the Corporation of the Town of Kincardine,
the attached agreement with the Kincardine Theatre Guild
to provide for payment of rental fees for the Town Hall
Auditorium.
2. The by-law shall come into full force and effect upon its
final passage.
3.
This by-law may be cited as the "Kincardine Theatre Guild
Rental Agreement 1995 By-law".
READ a FIRST and SECOND time this 5th day of October, 1995.
READ a THIRD time and finally PASSED this 5th day of October,
1995.
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Clerk
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THIS AGREEMENT made in TRIPLICATE this 5th day of October,
1995;
BET WEE N:.
THE CORPORATION OF THE TOWN OF KINCARDINE
(hereinafter called "the Town")
of the first part;
AND
THE KINCARDINE THEATRE GUILD
(hereinafter called "the Guild")
of the second part.
WITNESSETH that in consideration of the 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 said 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 1996 shall be $1,277.00 (one thousand, two hundred
and seventy-seven 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
Council Chambers for the days of the performance,
outside of the municipal offices' normal business
hours.
2. The fee for the years 1997 to 2000 inclusive, per
production, shall be as follows:
1997
1998
1999
$1,341.00 (one thousand, three hundred and
forty-one dollars)
1,408.00 (one thousand, four hundred and
eight dollars)
1,478.00 (one thousand, four hundred and
seventy-eight dollars)
1,552.00 (one thousand, five hundred and
fifty-two dollars)
2000
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 from the Town, and are subject
to the following provisions:
(i) all alterations shall conform to all building
regulations then in force affecting the premises.
(H)
all alterations will not be
to in any manner weaken the
after the alterations are
value of the building.
of such kind
structure of
completed or
or extent as
the building
reduce the
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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.
6. It is understood by both parties that no bookings of
the auditorium will be permitted for the evenings on
which a regular councilor a committee-of-the-whole
meeting is scheduled in the Council Chambers. For
actual performances, this rule may be excepted by
mutual agreement of both parties.
7. The Guild will be responsible for booking the Town
Hall facilities; such bookings to be allowed on a
first-come, first-served basis.
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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
rental of the
purpose than its
meetings, etc.).
11. The Guild agrees that no goods, fixtures or chattels
belonging to the Town shall be removed from the
premises without the written consent of the Town.
to pay to the Town the going rate for
Town Hall facilities for any other
regular productions (e.g. workshops,
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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 Guild 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.
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16. The term of this agreement shall be from 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
terminated by either party
notice to the other.
16, this agreement may be
upon six (6) months written
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 DELIVERED
in the presence of
THE CORPORATION OF THg
TOWN OF KINCARDINE:,
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Clerk··.. '-, ~:~-,/
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THE KINCARDINE THEATRE
GUILD:
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Secretary