HomeMy WebLinkAbout17 171 The Kincardine Theatre Guild Rental Agreement (2018) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2017 - 171
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH
THE KINCARDINE THEATRE GUILD 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 The Kincardine Theatre Guild
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 The Kincardine Theatre Guild, 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 The
Kincardine Theatre Guild, 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 "The Kincardine Theatre Guild 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.
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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, 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 The Kincardine Theatre Guild.
For the period of 01/01/2018 until 12/31/2022
This contract is for the rental space commonly known as the Upstairs Theatre
from Sept 16 —June 14, downstairs (old kitchen, storage room, offices that are
now used for props and dressing rooms), main floor box office and lower fire bay.
The base rental shall be $6,033 per year plus H.S.T.
This rent 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, with the first 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 not paid within 30 days of the payment due date, the standard
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
May A•ne
`.0„ I&T
AO —Sharon Chambers
Kincardine Theatre Guild
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Witness -' Shirley Bieman