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HomeMy WebLinkAbout07 356 Agreements for Rental Space at Kincardine Centre for the Arts e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2007 - 356 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AGREEMENTS FOR RENTAL SPACE AT THE KINCARDINE CENTRE FOR THE ARTS WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O, 2001, c, 25, as amended, provides that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Municipality of the Kincardine owns the Kincardine Centre for the Arts located at 707 Queen Street in Kincardine; AND WHEREAS the Council of the Municipality of Kincardine deems it advisable to enter into rental agreements with various arts groups for the use of the Kincardine Centre for the Arts in consideration of the rents, covenants and obligations stipulated therein; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into a rental agreement with each of the following arts groups: The Grey- Bruce Woodturners; The Kincardine Scottish Festival & Highland Games The Kincardine Theatre Guild The Bluewater Summer Playhouse Kincardine Artists Inc, for the rental of space at the Kincardine Centre for the Arts located at 707 Queen Street in Kincardine, 2. That the Mayor and CAD be authorized to execute, on behalf of The Corporation of the Municipality of Kincardine, the rental agreements with the aforementioned arts groups, attached hereto as Schedule "A" and forming part of the By-law. 3, That this by-law shall come into full force and effect upon its final passage, 4, This By-law may be cited as the "Kincardine Centre for the Arts 2007 - 2012 Rental Agreements By-law", e e e e Page 2 Kincardine Centre for the Arts 2007 - 2012 Rental Agreements By-law By-law No, 2007 - 356 READ a FIRST and SECOND TIME this 21st day of November, 2007 d~C-- ~ i'lltu.~c;.OJ. eler READ a THIRD TIME and FINALLY PASSED this 21st day of November, 2007 d~~ ~ 11\...,SJ~tJLQ. Clerk This is Schedule "." to By-LaW CV No. z passed the s+ day • of i at 20 - This AGREEMENT made the 7 day of N" , 2007 Clerk ai BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality" of the first part - and — THE GREY -BRUCE WOODTURNERS Hereinafter called the "Tenant" WHEREAS the Municipality owns the Kincardine Centre for the Arts, located at 707 Queen Street, Kincardine, Ontario. AND WHEREAS the tenant requires a location from which to operate AND WHEREAS this is intended to be an agreement for a period of five years (January 1, 2008 to December 31, 2012) KINCARDINE CENTRE FOR THE ARTS AGREEMENT: Mission Statement: The Kincardine Centre for the Arts shall be seen as a hub for, and is to be used for various arts groups. The main goal is to promote the inclusion and expansion of the arts and culture within the Municipality of Kincardine. Overview: It is understood that the Kincardine Arts Centre may never be fully revenue neutral, but that through the Kincardine Arts Facility Committee, it must be seen to be accountable to the citizens of the Municipality of Kincardine with regards to income from the facility, while balancing the abilities of the various arts groups included to sustain themselves and grow towards maturity. • Specific: This rental agreement is between the Municipality of Kincardine and the group known as Grey -Bruce Woodturners Guild, and represented by For the period of 01/01/2008 until 12/31/2012 This contract is for the rental space /s commonly known as the lower firebay. The base rental shall be $600 per year plus G.S.T. Total rental due shall be $600 per year plus G.S.T. This rental shall be paid in the following manner: January 1 and July 1 It is agreed that the rent shall be raised annually by 1 1/2 % after the first date of the rental agreement coming into place. IP The Municipality's single point of contact will be the Recreation Director of the Municipality of Kincardine. Terms: a) This rental agreement includes general usage heat, air conditioning, hydro, water and garbage pick -up. Specific high end usage devices or special needs will be covered under the addendum specific to the user. b) Rent includes general cleaning and janitorial service for public and common areas. Common areas are the Scougall Gallery (green room), elevator, public washrooms and entranceway. The Kincardine Arts Facility Committee shall be responsible for the utility and day -to -day maintenance costs of the Kincardine Centre for the Arts. Tenants are responsible for their own areas. c) The Kincardine Recreation Director may rent out common space in the Kincardine Centre for the Arts as a means of raising funds to meet or offset the utility and day -to -day maintenance costs of the building. d) Groups renting out space at the Arts Centre will have free access to the Green Room for meetings as available and to a maximum of two (2) days per month. This usage is booked through the Recreation Director or her designate. It is expected that during the theatre season, access to the green room will be part of the agreement, but must still be shown on the schedule. Extra rentals above the two days per month, will be subject to • the current fee by -law. e) The Kincardine Arts Facility Committee as a committee of Council is obligated to and will follow the policies and procedures of the Municipality of Kincardine. f) The tenants shall add the Corporation of the Municipality of Kincardine as an additional -named insured to its liability insurance policy. The policy must be in place when the agreement is signed. Written proof of this will be supplied to the Municipality contact with in five (5) business days of the policy inception. g) The tenant agrees to indemnify and hold harmless the Municipality of Kincardine from and against all suits, judgements, claims, demands, expenses actions, causes of action and losses and for any and liability for damages to property and injury to persons (including death) which the Municipality may incur, otherwise than by reason of their own negligence or willful misconduct, as a result of or arising out of or in relation to any • breach of the terms of this Agreement, or the Municipality's own negligence or willful misconduct. h) Insurance — The tenant shall put in effect and maintain its name, at its expense, all the necessary insurance that would be considered appropriate for a prudent tenant undertaking this type of operation for the period during which the Agreement is in effect with insurers acceptable to the Municipality, including: 1. Commercial General Liability Insurance, for third party injury, personal injury and property damage to an inclusive limit of not less than than Two Million Dollars ($2,000,000) per occurrence. The policy shall include: a)The Corporation of the Municipality of Kincardine as an additional insured; b)Cross Liability c)Contractual Liability; d)Tenants Legal Liability e)Contents coverage on a replacement cost basis for all property owned by the tenant and located at the Arts Centre; f)Non -owned automobile coverage with blanket contractual and physical damage coverage for hired automobiles; and g)A thirty (30) day written notice of cancellation 2. The Tenant shall provide the Municipality with a valid Certificate of Insurance as evidence of the above coverage's upon signing the • agreement. The tenant shall provide the Municipality with any renewal replacement certificates as may be necessary during the term of the Agreement. 3. The tenant shall be responsible to obtain Certificates of Insurance for the above coverage's from each tenant and shall make these available to the Municipality for its review if requested. i) Major property maintenance required, would be covered by the Municipality of Kincardine. (Major maintenance is financially defined as repairs and maintenance over $5,000) j) The Municipality of Kincardine will cover maintenance to the common public areas, which are a result of depreciation, wear and tear, etc. Such maintenance to the rental areas will be at the discretion of the Kincardine Arts Facility Committee. k) Any major alterations shall require the prior written approval of the • Kincardine Arts Facility Committee. Such alterations are the responsibility of the tenant and are at the expense of the tenant. I) The terms of this agreement shall be for up to a maximum of five (5) years, from 01/01/2008 to 12/31/2012 m) Either party may terminate this agreement by giving one hundred and eighty (180) days written notice to the other. n) Any exterior signage required by tenants shall require the prior written approval of, and be in accordance with the Municipality's sign by- law(s) and heritage designation. o) The Municipality of Kincardine reserves the right to amend the terms and conditions of this agreement upon mutual agreement between the parties. p) This agreement cannot be subleased, transferred or assigned to another party or unspecified usage without the prior written consent of the • Kincardine Arts Facility Committee. There maybe a requirement of payment of a fee as a condition of granting such consent. Groups or persons subleased under consent, must follow the terms of the master rental agreement and do not have the right to vote or sit on the Kincardine Arts Facility Committee. q) If the rental monies are not paid within thirty (30) days of the agreed date, then an emergency meeting of the Kincardine Arts Facility Committee shall be convened and the delinquent account shall be discussed in closed session, with the renter, with a view to arriving at a solution. If no solution can be agreed upon by both parties, the rental agreement shall be terminated within thirty (30) days of the meeting with monies owed due. 41 SIGNED, SEALED AND DELIVERED In the presence of THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 4111 Mayor — L r Kr. emer /i AO — John deRosenroll Grey -Bruce Woodturners L 4 4 12: Witness - on Stewart S S fp n This is Schedule ".L" to By Law �J�/ No 3�6 passed the. day S � of ■ � . at 0.4 200; This AGREEMENT made the l day of /Vo) , 2007 y' Clerk BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality" of the first part - and — THE KINCARDINE SCOTTISH FESTIVAL & HIGHLAND GAMES Hereinafter called the "Tenant" WHEREAS the Municipality owns the Kincardine Centre for the Arts, located at 707 Queen Street, Kincardine, Ontario. AND WHEREAS the tenant requires a location from which to operate AND WHEREAS this is intended to be an agreement for a period of five years (January 1, 2008 to December 31, 2012) KINCARDINE CENTRE FOR THE ARTS AGREEMENT: Mission Statement: The Kincardine Centre for the Arts shall be seen as a hub for, and is to be used for various arts groups. The main goal is to promote the inclusion and expansion of the arts and culture within the Municipality of Kincardine. Overview: It is understood that the Kincardine Arts Centre may never be fully revenue neutral, but that through the Kincardine Arts Facility Committee, it must be seen to be accountable to the citizens of the Municipality of Kincardine with regards to income from the facility, while balancing the abilities of the various arts groups included to sustain themselves and grow towards maturity. Specific: This rental agreement is between the Municipality of Kincardine and the group known as Kincardine Scottish Festival and Highland Games, and represented by Gordon Rodgers. For the period of 01/01/2008 until 12/31/2012 This contract is for the rental space /s commonly known as the Kincardine Scottish Festival and Highland Games office. Total rental due shall be $3,000 per year plus G.S.T. This rental shall be paid in the following manner: monthly It is agreed that the rent shall be raised annually by 1 1 /2 % after the first date of the rental agreement coming into place (ie. Starting in 2009) • The Municipality's single point of contact will be the Recreation Director of the Municipality of Kincardine. • Terms: a) This rental agreement includes general usage heat, air conditioning, • hydro, water and garbage pick -up. Specific high end usage devices or special needs will be covered under the addendum specific to the user. b) Rent includes general cleaning and janitorial service for public and common areas. Common areas are the Scougall Gallery (green room), elevator, public washrooms and entranceway. The Kincardine Arts Facility Committee shall be responsible for the utility and day -to -day maintenance costs of the Kincardine Centre for the Arts. Tenants are responsible for their own areas. c) The Kincardine Recreation Director may rent out common space in the Kincardine Centre for the Arts as a means of raising funds to meet or offset the utility and day -to -day maintenance costs of the building. d) Groups renting out space at the Arts Centre will have free access to the Green Room for meetings as available and to a maximum of two (2) days per month. This usage is booked through the Recreation Director or her designate. It is expected that during the theatre season, access to the green room will be part of the agreement, but must still be shown on the schedule. Extra rentals above the two days per month, will be subject to the current fee by -law. e) The Kincardine Arts Facility Committee as a committee of Council is obligated to and will follow the policies and procedures of the Municipality of Kincardine. f) The tenants shall add the Corporation of the Municipality of Kincardine as an additional -named insured to its liability insurance policy. The policy must be in place when the agreement is signed. Written proof of this will be supplied to the Municipality contact with in five (5) business days of the policy inception. g) The tenant agrees to indemnify and hold harmless the Municipality of Kincardine from and against all suits, judgements, claims, demands, expenses actions, causes of action and losses and for any and liability for damages to property and injury to persons (including death) which the Municipality may incur, otherwise than by reason of their own negligence or willful misconduct, as a result of or arising out of or in relation to any breach of the terms of this Agreement, or the Municipality's own negligence or willful misconduct. h) Insurance — The tenant shall put in effect and maintain its name, at its expense, all the necessary insurance that would be considered appropriate for a prudent tenant undertaking this type of operation for the period during which the Agreement is in effect with insurers acceptable to the Municipality, including: 1. Commercial General Liability Insurance, for third party injury, personal injury and property damage to an inclusive limit of not less than than Two Million Dollars ($2,000,000) per occurrence. The policy shall include: a)The Corporation of the Municipality of Kincardine as an additional insured; b)Cross Liability • c)Contractual Liability; d)Tenants Legal Liability e)Contents coverage on a replacement cost basis for all property owned by the tenant and located at the Arts Centre; f)Non -owned automobile coverage with blanket contractual and physical damage coverage for hired automobiles; and g)A thirty (30) day written notice of cancellation 2. The Tenant shall provide the Municipality with a valid Certificate of Insurance as evidence of the above coverage's upon signing the agreement. The tenant shall provide the Municipality with any renewal replacement certificates as may be necessary during the term of the Agreement. 3. The tenant shall be responsible to obtain Certificates of Insurance for the above coverage's from each tenant and shall make these available to the Municipality for its review if requested. i) Major property maintenance required, would be covered by the Municipality of Kincardine. (Major maintenance is financially defined as repairs and maintenance over $5,000) j) The Municipality of Kincardine will cover maintenance to the common public areas, which are a result of depreciation, wear and tear, etc. Such maintenance to the rental areas will be at the discretion of the Kincardine • Arts Facility Committee. k) Any major alterations shall require the prior written approval of the Kincardine Arts Facility Committee. Such alterations are the responsibility of the tenant and are at the expense of the tenant. I) The terms of this agreement shall be for up to a maximum of five (5) years, from 01/01/2008 to 12/31/2012 m) Either party may terminate this agreement by giving one hundred and eighty (180) days written notice to the other. n) Any exterior signage required by tenants shall require the prior written approval of, and be in accordance with the Municipality's sign by- law(s) and heritage designation. o) The Municipality of Kincardine reserves the right to amend the terms and conditions of this agreement upon mutual agreement between the parties. • p) This agreement cannot be subleased, transferred or assigned to another party or unspecified usage without the prior written consent of the Kincardine Arts Facility Committee. There maybe a requirement of payment of a fee as a condition of granting such consent. Groups or persons subleased under consent, must follow the terms of the master rental agreement and do not have the right to vote or sit on the Kincardine Arts Facility Committee. q) If the rental monies are not paid within thirty (30) days of the agreed date, then an emergency meeting of the Kincardine Arts Facility Committee shall be convened and the delinquent account shall be discussed in closed session, with the renter, with a view to arriving at a solution. If no solution can be agreed upon by both parties, the rental agreement shall be terminated within thirty (30) days of the meeting with monies owed due. * *Additional Clause — The Kincardine Scottish Festival and Highland Games committee is granted use of the Green Room over the duration of the Scottish • Festival and Highland Games. Locks to the doors are normally changed on the Wednesday prior to the Festival and then returned back to normal by the Tuesday following the Festival weekend. (Payment for the changing of the locks is the responsibility of the Scottish Festival Committee.) SIGNED, SEALED AND DELIVERED In the presence of THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE May — arry Kraemer ■..A&J i 0 John deRosenroll Kincardine Scottish Festival & Hi d Games a rte- Witness • r4on Rodgers • • This is Schedule " 1 .,2±..." to By - Law 6, No. ° passed the s2,12day * of \s r_ 200 1 s This AGREEMENT made the Imo` day of / /G`LJ„ 2007 aY' Clerk BETWEEN: • THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality" of the first part - and — THE KINCARDINE THEATRE GUILD Hereinafter called the "Tenant" WHEREAS the Municipality owns the Kincardine Centre for the Arts, located at 707 Queen Street, Kincardine, Ontario. AND WHEREAS the tenant requires a location from which to operate AND WHEREAS this is intended to be an agreement for a period of five years (January 1, 2008 to December 31, 2012) • KINCARDINE CENTRE FOR THE ARTS AGREEMENT: Mission Statement: The Kincardine Centre for the Arts shall be seen as a hub for, and is to be used for various arts groups. The main goal is to promote the inclusion and expansion of the arts and culture within the Municipality of Kincardine. Overview: It is understood that the Kincardine Arts Centre may never be fully revenue neutral, but that through the Kincardine Arts Facility Committee, it must be seen to be accountable to the citizens of the Municipality of Kincardine with regards to income from the facility, while balancing the abilities of the various arts groups included to sustain themselves and grow towards maturity. • Specific: This rental agreement is between the Municipality of Kincardine and the group known as Kincardine Theatre Guild, and represented by Shirley Bieman. For the period of 01/01/2008 until 12/31/2012 This contract is for the rental space /s commonly known as the Upstairs Theatre Sept 16 -June 14, Downstairs (old kitchen, storage room, offices (now used for props, dressing rooms, etc), and use of the upper firebay. The base rental shall be $5,600 per year plus G.S.T. Total rental due shall be $5,600 per year plus G.S.T. This rental shall be paid in the following manner: quarterly It is agreed that the rent shall be raised annually by 1 1 /2 % after the first date of the rental agreement coming into place. • The Municipality's single point of contact will be the Recreation Director of the Municipality of Kincardine. Terms: a) This rental agreement includes general usage heat, air conditioning, • hydro, water and garbage pick -up. Specific high end usage devices or special needs will be covered under the addendum specific to the user. b) Rent includes general cleaning and janitorial service for public and common areas. Common areas are the Scougall Gallery (green room), elevator, public washrooms and entranceway. The Kincardine Arts Facility Committee shall be responsible for the utility and day -to -day maintenance costs of the Kincardine Centre for the Arts. Tenants are responsible for their own areas. c) The Kincardine Recreation Director may rent out common space in the Kincardine Centre for the Arts as a means of raising funds to meet or offset the utility and day -to -day maintenance costs of the building. d) Groups renting out space at the Arts Centre will have free access to the Green Room for meetings as available and to a maximum of two (2) days per month. This usage is booked through the Recreation Director or her designate. It is expected that during the theatre season, access to the • green room will be part of the agreement, but must still be shown on the schedule. Extra rentals above the two days per month, will be subject to the current fee by -law. e) The Kincardine Arts Facility Committee as a committee of Council is obligated to and will follow the policies and procedures of the Municipality of Kincardine. f) The tenants shall add the Corporation of the Municipality of Kincardine as an additional -named insured to its liability insurance policy. The policy must be in place when the agreement is signed. Written proof of this will be supplied to the Municipality contact with in five (5) business days of the policy inception. g) The tenant agrees to indemnify and hold harmless the Municipality of Kincardine from and against all suits, judgements, claims, demands, expenses actions, causes of action and losses and for any and liability for damages to property and injury to persons (including death) which the • Municipality may incur, otherwise than by reason of their own negligence or willful misconduct, as a result of or arising out of or in relation to any breach of the terms of this Agreement, or the Municipality's own negligence or willful misconduct. h) Insurance — The tenant shall put in effect and maintain its name, at its expense, all the necessary insurance that would be considered appropriate for a prudent tenant undertaking this type of operation for the period during which the Agreement is in effect with insurers acceptable to the Municipality, including: 1. Commercial General Liability Insurance, for third party injury, personal injury and property damage to an inclusive limit of not less than than Two Million Dollars ($2,000,000) per occurrence. The policy shall include: a)The Corporation of the Municipality of Kincardine as an additional insured; b)Cross Liability c)Contractual Liability; • d)Tenants Legal Liability e)Contents coverage on a replacement cost basis for all property owned by the tenant and located at the Arts Centre; f)Non -owned automobile coverage with blanket contractual and physical damage coverage for hired automobiles; and g)A thirty (30) day written notice of cancellation • 2. The Tenant shall provide the Municipality with a valid Certificate of Insurance as evidence of the above coverage's upon signing the agreement. The tenant shall provide the Municipality with any renewal replacement certificates as may be necessary during the term of the Agreement. 3. The tenant shall be responsible to obtain Certificates of Insurance for the above coverage's from each tenant and shall make these available to the Municipality for its review if requested. i) Major property maintenance required, would be covered by the Municipality of Kincardine. (Major maintenance is financially defined as repairs and maintenance over $5,000) j) The Municipality of Kincardine will cover maintenance to the common public areas, which are a result of depreciation, wear and tear, etc. Such maintenance to the rental areas will be at the discretion of the Kincardine • Arts Facility Committee. k) Any major alterations shall require the prior written approval of the Kincardine Arts Facility Committee. Such alterations are the responsibility of the tenant and are at the expense of the tenant. I) The terms of this agreement shall be for up to a maximum of five (5) years, from 01/01/2008 to 12/31/2012 m) Either party may terminate this agreement by giving one hundred and eighty (180) days written notice to the other. n) Any exterior signage required by tenants shall require the prior written approval of, and be in accordance with the Municipality's sign by- law(s) and heritage designation. o) The Municipality of Kincardine reserves the right to amend the terms and conditions of this agreement upon mutual agreement between the parties. p) This agreement cannot be subleased, transferred or assigned to another party or unspecified usage without the prior written consent of the Kincardine Arts Facility Committee. There maybe a requirement of payment of a fee as a condition of granting such consent. Groups or persons subleased under consent, must follow the terms of the master rental agreement and do not have the right to vote or sit on the Kincardine Arts Facility Committee. q) If the rental monies are not paid within thirty (30) days of the agreed date, then an emergency meeting of the Kincardine Arts Facility Committee shall be convened and the delinquent account shall be discussed in closed session, with the renter, with a view to arriving at a solution. If no solution can be agreed upon by both parties, the rental agreement shall be terminated within thirty (30) days of the meeting with monies owed due. • w SIGNED, SEALED AND DELIVERED In the presence of THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE • Mayor — Ory Kraemer . CAO — John deRosenroll Kincardine Theatre Guild Witness Sfiirle an Y • • • This is Schedule "..." to By -Law 1.) No. 7 passed the 4:2,1.2 day of se - 200R ..0.._._ (on ;; • This AGREEMENT made the day of 0 Y , 200 Clerk BETWEEN: • THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality" of the first part sand — THE BLUEWATER SUMMER PLAYHOUSE Hereinafter called the "Tenant" WHEREAS the Municipality owns the Kincardine Centre for the Arts, located at 707 Queen Street, Kincardine, Ontario. AND WHEREAS the tenant requires a location from which to operate AND WHEREAS this is intended to be an agreement for a period of five years (January 1, 2008 to December 31, 2012) • KINCARDINE CENTRE FOR THE ARTS AGREEMENT: Mission Statement: The Kincardine Centre for the Arts shall be seen as a hub for, and is to be used for various arts groups. The main goal is to promote the inclusion and expansion of the arts and culture within the Municipality of Kincardine. Overview: It is understood that the Kincardine Arts Centre may never be fully revenue neutral, but that through the Kincardine Arts Facility Committee, it must be seen to be accountable to the citizens of the Municipality of Kincardine with regards to income from the facility, while balancing the abilities of the various arts groups included to sustain themselves and grow towards maturity. • Specific: This rental agreement is between the Municipality of Kincardine and the group known as Bluewater Summer Playhouse, and represented by Jennifer Webb and Tracey Primeau. For the period of 01/01/2008 until 12/31/2012 This contract is for the rental space /s commonly known as the Upstairs Theatre June 15 - Sept 15, office space, small storage space and the use of the 2 office in return for the operation of a downtown municipal information centre, and use of the upper firebay. The base rental shall be $5,000 per year plus G.S.T. Total rental due shall be $5,000 per year plus G.S.T. This rental shall be paid in the following manner: monthly It is agreed that the rent shall be raised annually by 1 1 /2 % after the first date of the rental agreement coming into place. The Municipality's single point of contact will be the Recreation Director of the Municipality of Kincardine. • Terms: a) This rental agreement includes general usage heat, air conditioning, hydro, water and garbage pick -up. Specific high end usage devices or special needs will be covered under the addendum specific to the user. b) Rent includes general cleaning and janitorial service for public and common areas. Common areas are the Scougall Gallery (green room), elevator, public washrooms and entranceway. The Kincardine Arts Facility Committee shall be responsible for the utility and day -to -day maintenance costs of the Kincardine Centre for the Arts. Tenants are responsible for their own areas. c) The Kincardine Recreation Director may rent out common space in the Kincardine Centre for the Arts as a means of raising funds to meet or offset the utility and day -to -day maintenance costs of the building. d) Groups renting out space at the Arts Centre will have free access to the Green Room for meetings as available and to a maximum of two (2) days per month. This usage is booked through the Recreation Director or her designate. It is expected that during the theatre season, access to the green room will be part of the agreement, but must still be shown on the schedule. Extra rentals above the two days per month, will be subject to the current fee by -law. e) The Kincardine Arts Facility Committee as a committee of Council is obligated to and will follow the policies and procedures of the Municipality of Kincardine. f) The tenants shall add the Corporation of the Municipality of Kincardine as an additional -named insured to its liability insurance policy. The policy must be in place when the agreement is signed. Written proof of this will be supplied to the Municipality contact with in five (5) business days of the policy inception. g) The tenant agrees to indemnify and hold harmless the Municipality of • Kincardine from and against all suits, judgements, claims, demands, expenses actions, causes of action and losses and for any and liability for damages to property and injury to persons (including death) which the Municipality may incur, otherwise than by reason of their own negligence or willful misconduct, as a result of or arising out of or in relation to any breach of the terms of this Agreement, or the Municipality's own negligence or willful misconduct. h) Insurance — The tenant shall put in effect and maintain its name, at its expense, all the necessary insurance that would be considered appropriate for a prudent tenant undertaking this type of operation for the period during which the Agreement is in effect with insurers acceptable to the Municipality, including: 1. Commercial General Liability Insurance, for third party injury, personal injury and property damage to an inclusive limit of not less than than Two Million Dollars ($2,000,000) per occurrence. The policy shall include: a)The Corporation of the Municipality of Kincardine as an additional insured; b)Cross Liability c)Contractual Liability; d)Tenants Legal Liability v I e)Contents coverage on a replacement cost basis for all property owned by the tenant and located at the Arts Centre; f)Non -owned automobile coverage with blanket contractual and • physical damage coverage for hired automobiles; and g)A thirty (30) day written notice of cancellation 2. The Tenant shall provide the Municipality with a valid Certificate of Insurance as evidence of the above coverage's upon signing the agreement. The tenant shall provide the Municipality with any renewal replacement certificates as may be necessary during the term of the Agreement. 3. The tenant shall be responsible to obtain Certificates of Insurance for the above coverage's from each tenant and shall make these available to the Municipality for its review if requested. i) Major property maintenance required, would be covered by the Municipality of Kincardine. (Major maintenance is financially defined as repairs and maintenance over $5,000) j) The Municipality of Kincardine will cover maintenance to the common • public areas, which are a result of depreciation, wear and tear, etc. Such maintenance to the rental areas will be at the discretion of the Kincardine Arts Facility Committee. k) Any major alterations shall require the prior written approval of the Kincardine Arts Facility Committee. Such alterations are the responsibility of the tenant and are at the expense of the tenant. I) The terms of this agreement shall be for up to a maximum of five (5) years, from 01/01/2008 to 12/31/2012 m) Either party may terminate this agreement by giving one hundred and eighty (180) days written notice to the other. n) Any exterior signage required by tenants shall require the prior written approval of, and be in accordance with the Municipality's sign by- laws) and heritage designation. • o) The Municipality of Kincardine reserves the right to amend the terms and conditions of this agreement upon mutual agreement between the parties. p) This agreement cannot be subleased, transferred or assigned to another party or unspecified usage without the prior written consent of the Kincardine Arts Facility Committee. There maybe a requirement of payment of a fee as a condition of granting such consent. Groups or persons subleased under consent, must follow the terms of the master rental agreement and do not have the right to vote or sit on the Kincardine Arts Facility Committee. q) If the rental monies are not paid within thirty (30) days of the agreed date, then an emergency meeting of the Kincardine Arts Facility Committee shall be convened and the delinquent account shall be discussed in closed session, with the renter, with a view to arriving at a solution. If no solution can be agreed upon by both parties, the rental agreement shall be terminated within thirty (30) days of the meeting with monies owed due. • SIGNED, SEALED AND DELIVERED • In the presence of THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Mayot*ry Kraemer 0 — John eko ror' Bluewater Summer Playhouse Witness JenDiferNab c Witness Tracey Primeau , ,S ° - \ ) r> - c II • This is Schedule "..8._" to By -Lair No. ab � c o passed the s �day o fNOYer 'x200 This AGREEMENT made the 1 5fi day of 1.1(')\ , 2007 MayoS Clerk BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality" of the first part - and KINCARDINE ARTISTS INC. Hereinafter called the "Tenant" WHEREAS the Municipality owns the Kincardine Centre for the Arts, located at 707 Queen Street, Kincardine, Ontario. AND WHEREAS the tenant requires a location from which to operate AND WHEREAS this is intended to be an agreement for a period of five years (January 1, 2008 to December 31, 2012) • KINCARDINE CENTRE FOR THE ARTS AGREEMENT: Mission Statement: The Kincardine Centre for the Arts shall be seen as a hub for, and is to be used for various arts groups. The main goal is to promote the inclusion and expansion of the arts and culture within the Municipality of Kincardine. Overview: It is understood that the Kincardine Arts Centre may never be fully revenue neutral, but that through the Kincardine Arts Facility Committee, it must be seen to be accountable to the citizens of the Municipality of Kincardine with regards to income from the facility, while balancing the abilities of the various arts groups included to sustain themselves and grow towards maturity. • Specific: This rental agreement is between the Municipality of Kincardine and the group known as Kincardine Artists Inc. and represented by the President of Kincardine Artists Inc. For the period of 01/01/2008 until 12/31/2012 This contract is for the rental space commonly known as Victoria Park Gallery Total rental due shall be $3,000 per year plus G.S.T. This rental shall be paid in the following manner: In full by December 31 of the current year. It is agreed that the rent shall be raised annually by 1 1 /2 % after the first date of the rental agreement coming into place, starting in 2009. The Municipality's single point of contact will be the Recreation Director of the 40 Municipality of Kincardine. Terms: a) This rental agreement includes general usage heat, air conditioning, hydro, water and garbage pick -up. Specific high end usage devices or special needs will be covered under the addendum specific to the user. b) Rent includes general cleaning and janitorial service for public and common areas. Common areas are the Scougall Gallery (green room), elevator, public washrooms and entranceway. The Kincardine Arts Facility Committee shall be responsible for the utility and day -to -day maintenance costs of the Kincardine Centre for the Arts. Tenants are responsible for their own areas. c) The Kincardine Recreation Director may rent out common space in the Kincardine Centre for the Arts as a means of raising funds to meet or offset the utility and day -to -day maintenance costs of the building. d) Groups renting out space at the Arts Centre will have free access to the Green Room for meetings as available and to a maximum of two (2) days per month. This usage is booked through the Recreation Director or her designate. It is expected that during the theatre season, access to the • green room will be part of the agreement, but must still be shown on the schedule. Extra rentals above the two days per month, will be subject to the current fee by -law. e) The Kincardine Arts Facility Committee as a committee of Council is obligated to and will follow the policies and procedures of the Municipality of Kincardine. f) The tenants shall add the Corporation of the Municipality of Kincardine as an additional -named insured to its liability insurance policy. The policy must be in place when the agreement is signed. Written proof of this will be supplied to the Municipality contact with in five (5) business days of the policy inception. g) The tenant agrees to indemnify and hold harmless the Municipality of Kincardine from and against all suits, judgements, claims, demands, expenses actions, causes of action and losses and for any and liability for damages to property and injury to persons (including death) which the • Municipality may incur, otherwise than by reason of their own negligence or willful misconduct, as a result of or arising out of or in relation to any breach of the terms of this Agreement, or the Municipality's own negligence or willful misconduct. h) Insurance — The tenant shall put in effect and maintain in its name, at its expense, all the necessary insurance that would be considered appropriate for a prudent tenant undertaking this type of operation for the period during which the Agreement is in effect with insurers acceptable to the Municipality, including: 1. Commercial General Liability Insurance, for third party injury, personal injury and property damage to an inclusive limit of not less than Two Million Dollars ($2,000,000) per occurrence. The policy shall include: a)The Corporation of the Municipality of Kincardine as an additional insured; b)Cross Liability c)Contractual Liability; d)Tenants Legal Liability e)Contents coverage on a replacement cost basis for all property owned by the tenant and located at the Arts Centre; f)Non -owned automobile coverage with blanket contractual and physical damage coverage for hired automobiles; and g)A thirty (30) day written notice of cancellation 2. The Tenant shall provide the Municipality with a valid Certificate of Insurance as evidence of the above coverage's upon signing the agreement. The tenant shall provide the Municipality with any renewal replacement certificates as may be necessary during the term of the Agreement. 3. The tenant shall be responsible to obtain Certificates of Insurance for the above coverage's from each tenant and shall make these available to the Municipality for its review if requested. i) Major property maintenance required, would be covered by the Municipality of Kincardine. (Major maintenance is financially defined as repairs and maintenance over $5,000) j) The Municipality of Kincardine will cover maintenance to the common public areas, which are a result of depreciation, wear and tear, etc. Such maintenance to the rental areas will be at the discretion of the Kincardine • Arts Facility Committee. k) Any major alterations shall require the prior written approval of the Kincardine Arts Facility Committee. Such alterations are the responsibility of the tenant and are at the expense of the tenant. I) The terms of this agreement shall be for up to a maximum of five (5) years, from 01/01/2008 to 12/31/2012 m) Either party may terminate this agreement by giving one hundred and eighty (180) days written notice to the other. n) Any exterior signage required by tenants shall require the prior written approval of, and be in accordance with the Municipality's sign by- law(s) and heritage designation. o) The Municipality of Kincardine reserves the right to amend the terms and conditions of this agreement upon mutual agreement between the parties. • p) This agreement cannot be subleased, transferred or assigned to another party or unspecified usage without the prior written consent of the Kincardine Arts Facility Committee. There maybe a requirement of payment of a fee as a condition of granting such consent. Groups or persons subleased under consent, must follow the terms of the master rental agreement and do not have the right to vote or sit on the Kincardine Arts Facility Committee. q) If the rental monies are not paid within thirty (30) days of the agreed date, then an emergency meeting of the Kincardine Arts Facility Committee shall be convened and the delinquent account shall be discussed in closed session, with the renter, with a view to arriving at a solution. If no solution can be agreed upon by both parties, the rental agreement shall be terminated within thirty (30) days of the meeting with monies owed due. 11 SIGNED, SEALED AND DELIVERED In the presence of THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 1 Mayor r Kraemer AO — hn de olI ^WV? Kincardine Artiste Inc — Sharon Pike ( Witness ID •