HomeMy WebLinkAbout11 085 amendment to kincardine centre for the arts 2007 - 2012 rental agreements by-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2011 - 085
BEING A BY -LAW TO AMEND BY -LAW 2007 -356 "KINCARDINE
CENTRE FOR THE ARTS 2007 — 2012 RENTAL AGREEMENTS BY-
LAW"
• 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 Bluewater Summer Playhouse agreement attached to By -law
No. 2007 -356 be hereby amended to read as follows:
For the period 01/01/2008 to 12/31 /2010
The base rental shall be $5,000 per year plus H.S.T.
Total rental due shall be $5,000 per year plus H.S.T.
For the period 01/01/2011 to 12/31/2012
The base rental shall be $2,676.12 per year plus H.S.T.
• Total rental due shall be $2,676.12 per year plus H.S.T.
2. That the Mayor and CAO be authorized to execute, on behalf of The
Corporation of the Municipality of Kincardine, the rental agreement,
attached hereto as Schedule "A" and forming part of the By -law.
Page 2
Amendment to the Kincardine Centre for the Arts 2007 — 2012 Rental
Agreements By -law
By -law No. 2011 - 085
• 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 "Amendment to Kincardine Centre for the
Arts 2007 — 2012 Rental Agreements By -law ".
READ a FIRST and SECOND TIME this 15 day of June, 2011
Mayor
Clerk
READ a THIRD TIME and FINALLY PASSED this 15 day of June, 2011
•13�yor Clerk
•
•
•
This AGREEMENT made the 15 day of June, , 2011
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality" of the first part
- and -
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.
For the period 01/01/2008 to 12/31/2010
The base rental shall be $5,000 per year plus H.S.T.
Total rental due shall be $5,000 per year plus H.S.T.
For the period 01/01/2011 to 12/31 /2012
The base rental shall be $2,676.12 per year plus H.S.T.
Total rental due shall be $2,676.12 per year plus H.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, judgments, 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 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,
0) 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 may be 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
i ICIPALITY OF KINCARDINE
_ Zr Larry- Kraemer
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Bluewater Summer Playhouse
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Witne Jennifer Webb