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Home My WebLink About17 170 Kincardine Scottish Festival & Highland Games Rental Agreement (2018) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT Virf 44' ikr7."--1:431° 7061LITY OF KO*: BY-LAW NO. 2017 - 170 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH KINCARDINE SCOTTISH FESTIVAL & HIGHLAND GAMES FOR THE RENTAL OF SPACE AT THE KINCARDINE CENTRE FOR THE ARTS WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provide 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 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 Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into an agreement with Kincardine Scottish Festival & Highland Games for the rental of space at the Kincardine Centre for the Arts; 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 an agreement with Kincardine Scottish Festival & Highland Games, for the rental of space at the Kincardine Centre for the Arts, 707 Queen Street, Municipality of Kincardine, in accordance with the terms and conditions outlined in the agreement attached hereto as Schedule 'A' and forming part of this by-law. • 2. That the Mayor and CAO be authorized to sign and execute, on behalf of The Corporation of the Municipality of Kincardine, the agreement with Kincardine Scottish Festival & Highland Games, attached to this by-law as Schedule "A", and to affix the corporate seal as required. 3. That this by-law shall come into full force and effect upon its final passage. 4. That this by-law may be cited as the "Kincardine Scottish Festival & Highland Games Rental Agreement (2018) By-law". READ a FIRST and SECOND TIME this 20th day of December, 2017. READ a THIRD TIME and FINALLY PASSED this 20th day of December, 2017. Mayor Clerk 110 This is Schedule "/i"to$y_Law NorD3. 70 passed the day of cerbr 2011- This AGREEMENT made the la \, day of Pe.,G , 2017 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality" of the first part - and — 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, 2018 to December 31, 2022) 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 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 & Highland Games. For the period of 01/01/2018 until 12/31/2022 This contract is for the rental space commonly known as the Scottish Festival Office and storage in the upper fire bay. The base rental shall be $3,232 per year plus H.S.T. This rent 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, with the increase being January 1, 2019. The Municipality's single point of contact will be the Parks & 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 Municipality shall be responsible for the utility and day-to-day maintenance costs of the Kincardine Centre for the Arts. Tenants are responsible for cleaning and maintaining their own areas. c) The Municipality 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 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. f) The tenant agrees to indemnify and hold harmless the Municipality of Kincardine and its officers and agents 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. g) 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) 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 same coverage described above in Section G from each subtenant and shall make these available to the Municipality for its review if requested. h) Capital facility maintenance will be covered by the Municipality of Kincardine as identified through the annual budget process approved by Council. i) The Municipality of Kincardine will cover maintenance to the common public areas, which are a result of depreciation, wear and tear, etc. j) Any major alterations to tenant space shall require the prior written approval of the Municipality. If approved, such alterations are the financial responsibility of the tenant. k) Either party may terminate this agreement by giving one hundred and eighty(180) days written notice to the other. I) 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. m) The Municipality of Kincardine reserves the right to amend the terms and conditions of this agreement upon mutual agreement between the parties. n) This agreement cannot be subleased, transferred or assigned to another party or unspecified usage without the prior written consent of the Municipality. 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. o) If the rent is notp aid within 30 days of the payment due date, the standard p Y process as per the Municipality's Accounts Receivable Policy GG.2.20 shall be followed. SIGNED, SEALED AND DELIVERED In the presence of THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Mayor ,'nne die WW1/ / A• — Sharon Chambers Kincardine Scottish Festival & Highland Games 41,Ysi ess ToV Doherty