HomeMy WebLinkAboutKIN 91 021 Agree -Theater Guild
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1991-21
A BY-LAW TO ENTER INTO AN AGREEMENT WITH THE KINCARDINE
THEATRE GUILD FOR PAYMENT OF RENTAL FEES FOR THE TOWN BALL
AUDITORIUM.
WHEREAS the Council for The Corporation of the Town of
Kincardine deems it expedient to enter into an agreement for
the payment of rental fees for the Town Hall Auditorium with
the Kincardine Theatre Guild.
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. The mayor and 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. This by-law shall come into full force and effect upon
its final passage.
3 . This by-law may be ci too as the "Kincardine Theatre
Guild Rental Payment 1991 By-law".
READ a FIRST and SECOND time this 21st day of February, 1991.
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Mayor
READ a THIRD time and FINALLY PASSED this 7th day of March,
1991.
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Mayor
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THIS AGREEMENT made in TRIPLICATE this 21st day of
February, 1991;
BET WEE N:
THE CORPORATION OF THE TOWN OF KINCARDINE
(hereinafter called "the Town")
of the first part;
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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.
3.
4.
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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 1991 shall be $1,000.00 (one thousand 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 and
Committee Room for the days of the performance,
outside of the municipal offices' normal business
hours.
2.
The fee for the years 1992 to 1995 inclusive, per
production, shall be as follows:
1992 $1,050.00 (one thousand and fifty
dollars)
1993 1,103.00 (one thousand, one hundred and
three dollars)
1994 1,158.00 (one thousand, one hundred and
fifty-eight dollars)
1995 1,216.00 (one thousand, two hundred and
sixteen dollars)
Any federal or provincial taxes payable on the rental
fee shall be in addition to those amounts specified
herein.
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
building regulations then
premises.
shall conform to
in force affecting
all
the
(ii) all alterations 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.
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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.
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5.
7.
The Guild will be responsible for
Hall facilities; such bookings to
first-come, first-served basis.
booking the Town
be allowed on a
If the Guild wishes to book the
Friday evening, it must make prior
the Kincardine scottish Pipe Band.
9. 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.
facilities for a
arrangements with
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10. 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.
11 . 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.).
12. 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.
13. 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.
14. The Guild agrees to abide by all fire and building
regulations, including ensuring the stairwells and
entrances are unencumbered for safety reasons.
15. 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.
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16. The Guild shall provide to the Town adequate proof
of insurance (for liability and personal property) to
the satisfaction of the Town.
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17 . The term of this agreement shall be from the date of
this agreement until December 31, 1995. 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.
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
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THE CORPORATION OF THE
TOWN! OF KINCARDI.~~.;:". .
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