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HomeMy WebLinkAbout82-114 ,~ ... , '. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 82-114 being a by-law to authorize the execution of an Agreement with AES Data Ltd. The Council of the Corporation of the Town of Newcastle HEREBY ENACT AS FOLLOWS: THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle and seal with the Corporation Seal, an Agreement between AES Data Ltd., and the Said Corporation, dated the day of 1982, which is attached hereto as Schedule "X". By-law read a first and second time this 7th day of September 1982. By-law read a third and final time this 7th day of September 1982. /~ /?'~~- /' Mayor Seal A Cler \ File NOnn/.9-.:?',J.nnn j t)MtCIty CAPITAll TD. ~4-w 'B ;}. - 114 LEASE NO,: HEAD OFFICE: FIRST CITY BUILDING 777 HORNBY STREET VANCOUVER, B,C, V6Z 1 S4 Offices in Vancouver, Edmonton, Calgary, Saskatoon, Winnipeg, London, Toronto, Hamilton, Ottawa, Montreal, Quebec City, Halifax and St. John's ISSUING OFFICE ADDRESS: LESSEE'S FULL NAME, ADDRESS /he. (J:;yzpO/l.A17f/Y1 OfC.-lME taWJJ OF j){JqCi- sit-€. Lid l1:Em P ~1VCtf:;.. ~,-: ~O'fJt'nANVllL.e'/ Ol\{~(j SUPPLIER'S FULL NAME, ADDRESS Il-IES DA--n:I- '-in. ,'iE-O E4 sr: K~/S c.p.. M :J>04JNS Ult:.4.J on ;R/LlO .I PERSON TO CONTACT '7< . ])u p l../ /S TEL26 3-ZZ 3/ SUPPLIER'S SALESMAN 1:::>. m I ~ c.ii) TEL~3P-741' QUANTITY DESCRIPTION OF EQUIPMENT RICE I AS S ~.lC- T G-D;r "k!.... S we, Leo. J/J/Z.l). S, 1U1 L€.lTl/>C/COJ j Q ume. 14/?lEtC.- . \ 4U;eu S j7C-4L- ~U~ lQ..ecQ cJt42-y 'p~/ZA/r} ,/~ "/",, / c\ , D,elueS - ~rt>/ / / StEP/; TOTAL PRICE '",- Federal Tax ", DELIVERY DATE _LACE OF DELIVERY JD- /~~ TOTAL COST MONTHS IN ADVANCE TERMINAL RENTALS NUMBER AMOUNT OF$ DUE ON COMMENCEMENT RENEWAL TERM YEARS AT $ PER YEAR PAYABLE ANNUALLY IN ADVANCE TERMS RENTALS DUE 43 e '"', FLOATING RATE AND RENTAL ADJUSTMENTS: R tals are based on First C~ Trust company's 90-day wholesale cost of funds (the base rate) which is per cent per annum as of the dayof', 19_, Rentals will be adjusted by for ea 1/4 of 1 per cent fluctuation, upwardS"or downwards, from the base rate: A) AT LEASE COMMENCEMENT DATE, and the entals resulting from any fluctuation will th'e{I remain constant throughout the term, and B) QUARTERLY THEREAFTER DURING THE ASE TERM, but accumulated adjustments arl'si.ng from fluctuations in the base rate will be payable to or by the Lessee annually on the annivers of the lease commencement. The base rate gove?njng such quarterly adjustments will be that in effect 15 days prior to rental due date. "" OPTION TO PURCHASE: Provided L see shall not be in default under the said lease agreement, a he expiry of the month of the lease term, the Lessee shall have the .wtion to purchase the Equipment for the price of $ payable in cash prior to the expiry of the said month, Trans;tr of title to the Equipment shall be without warranties or representations hatever, either express or implied as to the durability, suitability, quality oycondition of the Equipment, This option is not assignable, / / PLACE OF REDELIVERY TO L~~OR: LOCATION OF EQUIPMENT, IF DIFFERENT F ORIGINAL TERM C9fi,1MENCES AND FIRST RENT PAYMENT DUE SUBSEQUENT RENT PAYMENTS COMMENCE / L...- 19 19 MONTH DAY YEAR MONTH DAY YEAR LEASE AGREEMENT This Agreement made by and between First City Capital Ud" (herein referred to as the Lessor) and the Lessee named above (referred to as the Lessee). WITNESSETH: That in consideration of the covenants hereinafter contained including those on the reverse hereof, the Lessor and Lessee have mutuaily agreed as foilows: 1. Lease: Lessor hereby leases to Lessee, and the Lessee hereby hires and leases from Lessor the equipment described above, together with any parts and accessories relating thereto or affixed thereon (herein referred to as the Equipment). 2. Term: This lease is for an original term commencing on the date specified in the Leasing Partlcuiars above and unless sooner terminated as set forth herein, ends at the expiry of the number of months indicated under the heading "Term" in the Leasing Particulars above. 3. Rent: Lessee shall pay as rent to the Lessor for the Equipment during the original term in advance in lawful money of Canada the number of rentals in the amounts and at the times shown in the Leasing Particulars above, The rent shall be paid to the Lessor at First City Building, 777 Hornby Street, Vancouver, B.C. V6Z 1 S4. 4. Terminal Rentals: The number of terminal rentals to be prepaid, as set forth in the leasing Particulars above, if any, shail be paid to Lessor by Lessee on date of com- mencement of the original term. Such terminal rentals, when paid to Lessor, shail be deemed to have been received by Lessor not as a deposit nor asa security to com pen, sate Lessor for any damages it may suffer by reason of a breach by Lessee of any covenant or condition of this Lease, but as a condition preliminary for the execution thereof, and shail remain the absolute property of Lessor, shail not be refundable to Lessee under any circumstances but shall be applied by Lessor against the subsequent rentals in reverse order of their maturities if this Lease remains in force and in good standing. (SEE REVERSE SIDE FOR CONTINUA TlON OF TERMS & CONDITIONS OF THIS LEASE) Per: Date Executed by Lessee 'jIJe o/of1I7<111 tIf. ~e[!!.d or dvOtlJ ~JI per:/ FIRST CITY CAP IT AL LTD. Authorized Signature Title CIS 4F 3/82 per:/ Authorized Signature Title CONTINUATION OF TERMS AND SIDE HEREOF' , ... 5. Provinciai Sales Tax: Lessee shall pay to Lessor on and with each the amount at sales tax, any. thereon at the rale applicable from time to time, sales tax at the rate now applicable on the amount ot each rental as settorth above, 6, Inlereslon Overdue Paymenls: Lessee shall. without notice, the rate of 24 % per annum on any overdue instalment rent. notice from Lessor, at the same rate on all other amounts required to Lessee hereunder and which shali have been paid by Lessor, 1. Use: Lessee shall use the in a careful and prudent manner and not for any uniawful with and conform to all federal, mUnlolpat and other laws. regulations In any way relating to use or maintenance of 8. This Lease cannot be expressly provided herein, 9. Tille and Identification: The main the sole of the Lessor Lessee shall have no right. terest therein or except as expressly set forth herein, Lessee shall at Lessee's expense affix and maintain on the and In to Lessor, labels, plates or other Lessor Identify the as the of the Lessor, 10. Personal The at all times be and remain and shall any manner or attached to any lands or prior written consent of Lessor, 11. localion and Inspection: ed by the Lessee at the location consent of Lessor mobile location Lessee Lessor or Its free access. to Inspect the 12. Repairs: Lessee shaH replacements, and maintain the order and assumes all risk of, and pay for, Lessee shall not withouf prior written consent ot Equipment 13. Surrender: Lessee shall at Lessee's return the to the Lessor in piaoe for at the end of above or deliver or of the which event any Increased expense be lor Lessor's 14. Assignments and Subleasing: Lessee shall not sublet or part with posses- sion 01 the Equipment or permit its use by any person other than the Lessee or employees of the lessee qualified anti competent to the same, Neither this lease nor Lessee's hereunder shall be except with the Lessor's prior written consent. lease and all rights of Lessor hereunder may be assigned by Lessor without Lessee's consent. 15, Insurance: Lessee shall at Lessee's Insure the Equipment against loss or damage by fire, and such other risks as with ioss to Lessor; and maintain insurance for legal liability tor and death pro, perty damage in amounts to Lessor All shall name Lessor and Lessee as Insured and be carried In one or more insurance com- panies not by Lessor and all pOlicies of Insurance shall contain an en- dorsement that policy may not be cancelled without days' notice of In- tended cancellation being given to Lessor, Lessee shall with copies of such policies of Insurance and certificates of renewal upon request. 16. Net Lease: Lessee shall payor reimburse Lessor all expenses, fees, charges. claims and fines incurred or arising In connection with the registration, licensing, possession, use or operation of the Equipment and all taxes and duties (other than taxes on income levied on the Lessor under the Income Tax Act of Canada or any provincial Income Tax Act) on or relating to the Equipment and all other expenses and relallng to the Equipment for any matter or thing shall be borne by the Lessee the rent herein provided shall be absolutely net and carefree to the Lessor tree of all set-ofts, expenses or outgoings of kind or nature, In the event Lessee fails to repair and restore, to and In, surance as herein provided or to fees, expenses, or claims on or In connection with the Equipment or perform as herein Lessor may do so and be entitled to Immediate reimbursement from Lessee pretudice to any of Lessor's rights or remedies hereunder. 11. Stalements: Annually and within ninety (90) days ot the end of each financial year of the Lessee the Lessee shall deliver to Lessor a copy of the Lessee's audited or unaudited financial statements (as the case may be) as at the end of each financial year of Lessee, 18. No Warranties: Lessor does not make what. soever as to the durability, quality, condition or of the tor the Lessee's purposes or as to any other matter In respect ot the Lessee acknowledges that Lessee requested the Lessor to purchase the trom Supplier above named and to lease it to Lessee upon the terms conditions hereof, The Lessor will, at the request ot fhe Lessee, assign absolutely to the Lessee any and all warranties, guarantees, service contracts and representations which the Interest written paid by or terminated except cf the EqUipment shall make or give with be aSSignable at law and shall at the things ment and to sl1ali tions this HI, Delauil: Lessee that Lessor has purchased the Lqulpment at request for purpose ot this lease and that rent hereunder in the event et default are upon the cost of the Equip' the term ot the and the return by Lessor EqUipment at the end of the lease term. Lessee fails to or any other sum within ten same is due to pertorm, observe or any other its to be observed or complied event ot occur under any other lease or other Lessee under any instrument any long ot Lessee or If or to with obtaining Is Incorrect; or Any the Equip, to lien, charge, encumbrance. levy, attachment or process or Lessee sell. or pledge or to sell. mort, any of the or (e) makes any tor the becomes commits any act bankruptcy, ceases or to dc business a gOing concern, or or witl'; creditors; or (f) proceeding In bankruI:: Ii, or Insolvency be Lessee or Its property, then, upon ot any ot the aforesaid events of rent and all cther payments as or otherwise to the of the term or current renewal hereof shall due and on demand, The Lessee at Lessee's expense upon shall deliver the to the Lessor at the place of re'delivery to Lessor Indicated In the Leasing above and Lessor may withouf and without resort to legal P, r,ocess take Immediate posseSSion. the equipment for thiS purpose enter Into and the premises wherein t is without incurring liability to Lessee, and the rights of th hereunder and to the Equipment then cease and terminate absolutely, termination, Lessor shall recover as damages and Lessee shail pay to Lessor value (calculated on the basis of an Interest rate of 6% annum) of the ef all amounts due hereunder as rental or otherwise to the of the term or current renewal term hereot. Lessee agrees Ihat such amounts liqUidated damages and not a The Lessor's cost ot coliectlon or legal proceedings to recover any monies hereunder and/or for possession of me Equipment or for en, tor cement 01 any of Lessor's including without limitation costs on a solicitor-client baSIS, shall be the lessee to the Lessor, the event Of repossession by Lessor, Lessor may Equipment at public or private sale with or Without notice to Lessee and upon such terms and In such manner as Lessor may determine. It the amount of the actual net proceeds of any such sale (after deducting all costs and connected with such repossession and sale) exceeds eight cent (8%) the original cost 01 the Equipment. such excess shall be deducted Lessor's claim for liquidated damages hereunder. Lessor's remedies shall be cumulative and not alternative. Time Is of the essence of this Lease. 20. Law: This Lease shall be construed according to the laws of the Province of delivery set forth above. 21. If this Lease is in force and in good standing on the last day of the original term, the above Leasing Particulars provide for renewal, this Lease shall be aufomatically renewed for the renewal term and annual rental therein stated and otherwise all the terms and conditions hereof. 22. Lessee's Waiver: To the extent permitted by law or statute and to the extent a the same extends to and relates to this Agreement as amended or renewed or any,. collateral security thereto or note, Lessee hereby waives the benefit of all of conditional sales, regulatory credit and other statutes regulations thereunder in any and all provinces of Canada, which would In manner, affect. restrict, or limit the 01 Lessor hereunder without the of the of its rights, benetlts and given or to it 14, and 14B of the Conditional Sales Act of British Columbia as Section 19 of the Conditional Sales Act of Alberta as amend, ed, the Seizures Act of Alberta as amended, and the provisions of the limitation of Civil Act of Saskatchewan as amended, Lessee also waives ana assigns to Lessor of any statutory exemption trom execution or otherwise and further waives any to demand security for costs In the event at litigation. ACKNOWLEDGEMENT BY SIGNING OFFICER(S) OF LESSEE: The undersigned being Officer(s) of the Lessee and having signed a lease agreement dated the between First City Capital Ltd., as Lessor and the Lessee, do acknowledge that I/we have been informed waiver by the Lessee of its rights under Section 19 of the Conditional Act of the Province of Alberta, as amended, DATED at the City of this_, day of A,D,19 19_ a In the Province of THE PARTIES CONFIRM THE PRESENT AGREEMENT AND ACKNOWLEDGE HAVING REQUIRED THAT IT AND ALL DOCUMENTATION, NOTICES AND JUDICIAL PROCEEDINGS ENTERED INTO, GIVEN OR INSTITUTED PURSUANT HERETO OR RELATING DIRECTlY OR IN. DIRECTlY HERETO BE DRAWN UP IN ENGLISH. LES PARTIES CONFIRMENT LA PRESENTE CONVENTION ET RECONNAISSENT AVOIR EXIGE CA REDACTION EN ANGLAIS AINSI QUE LA REDACTION EN ANGLAIS DE TOUS DOCUMENTS, AVIS ET PROCEDURES JUDICIAIRE QUI POURRONT ETRE EXECUTES DONNES OU IN. TENTES A LA SUITE DES PRESENTES OU AVANT UN RAPPORT DIRECT OU INDIRECT AVEC LA PRESENTE CONVENTION.