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HomeMy WebLinkAboutKIN 95 061 Amended by No98 05 e e e - THE CORPORA TION OF THE TOWN OF KINCARDINE I ?1P- ð5' ,,- ¡'I'll ", BYLAW NO DAlFft 'h""<~''I , 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. ~~ ~ Clerk . . - · · · 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 .. ./2 ~ -2- . 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. · 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, · 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. · .../3 ~ .~ · · · -3- 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:, ~~~s- ~~ i". r . '. _ _" _ 0> ~k -~.., ". -:..-:.,.:, >- ,.. ~ ~ - - '.... '-~ Clerk··.. '-, ~:~-,/ "-" -",-' THE KINCARDINE THEATRE GUILD: vA~ eo p.- Secretary