HomeMy WebLinkAbout89-134
. .
~ ~
~
.,.,.
0,.
1J"
'.
ATTACHMENT "8"
THE CORPORATION OF THE 'l'QolN OF NEH:ASTLE
BY-LAW NUMBER 89- 134
Being a By-Law to authorize the entering into a
Lease Agreement with Dana Conmercia1 Credit Canada Inc.
The Municipal Council of the Corporation of the Town of Newcastle
Hereby Enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute,
on behalf of the Corporation of the Town of Newcastle, and
seal with the Corporate Seal, a Lease Agreement between
Dana Conmercial Credit Canada Inc. and the Corporation
dated this day of July, 1989, which agreement
is attached hereto and marked Schedule "A".
2. That this By-Law not take effect until approved by the
Ontario Municipal Board, pursuant to Section 64 (1)
of the Ontario Municipal Board Act.
By-Law read a first and second time this24th day of July, 1989.
By-Law read a third time and finally passed this 24th day of July, 1989.
'~M~
Mayor
'"'ere.. ~ ~,-
.1 ~t J
')J"rNA COMMERCIAL ~EDIT.
~ CM\JADA INC
~JO Dorval Drive, Suite 406, Oaleville, Ontario L6K 3 V7
QTY. DESCRIPTION OF LEASED EQUIPMENT
-.1..:-\,,\ E. "'Cu\-~ 1'"1
,-
.--..-"......
. - ,
Lease Agreement
(416) 849-7744
(800) 263-1722
SERIAL NO.
"05~ I ~77
70 33i6 8'
7o~ 1'0 7'-{
AGENCY DISCLAIMER
Neither Supplier nor any sales-
person is an agent of Lessor
nor are they authorized to
waive or alter the terms of this
Lease. Their representations
shall in no way affect Lessee or
Lessor's rights and obligations
as herein set forth.
I
I
(,~n;,.,v t.(.
(,~
;l3~, ::1.d
,(AOF-
fJ NcJi7)CAD I eL
()() C4..i1'J 1bJf J=:nJ c..L
115 - Ie
.sc ..u-tL.
I't It t..,1'. ,..,1:.
~11~"'fe1
eQUIPMENT LOCATION: (if other than Billing Address of Lessee)
). CA- '-t1.el( sr bQWtcfA.~JI(. ~
NITIAL rA-"M thl LEASE PAYMENT
rERM L.::.J . on y
D Quarterly
,,, D Other ~/J.?f'
~ of MoI'IIh$ EXCLUSIVE of applicable tax
THIS LEASE CANNOT BE CANCELLED EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS
-'$E. $HALL BECOME EFFECTIVE ONLY UPON EXecUTION BY LESSOR.
! . TERMS AND CONDITIONS. In consideration of Lessor's purchase of the Equipment selected
Lessee. Lessor leases to Lessee. and Lessee leases from Lessor. the equipment identified above
d on any attached schedule ("Equ;pm8nt") pursuant to the terms and conditions set forth herein.
..... aulhonzes Lessor to insert in this Equipment Lease Agreement ("Lease") serial numbers
d OIher identification data when determined. This Lease constitutes the FULL AND ENTIRE
;R&!MENT betWeen the Lessor and Lessee in connection with the Equipment and MERGES ANY
'HER UNOERSTANDING. Neither party relies on any other statement. representation or assurance
oure. The Lease can be NEITHER CANCELLED NOR MODIFIED except by a wrillen agreement
ned by Lessee and by a corporate officer of LessOr.
2 LESSEE'S AND GUARAN1OR'S WARRANTIES 10 LESSOR. Lessee and any Guarantor
Jfessly represent and warrant to I.e$sor. and Lessor relies on. the fact that a) said parties have
Id land understood thIS Lease belQre it was SIgned; b) said parties haw selected and are fully
oshed WIth both the EqUIpment and lhe Supplier whO SOld the Equipment to lessor; c) said parties
I auttooro~e Lessor to pay for the Equipment only after Lessee has received and accepted the
ulpment as fully operable for Lessee's purposes: d) said parties have freely chosen to lease. not
~ from Lessor only after having considered other means of obtaining the use of the Equipment:
..-a'THER THE SUPPLIER OF THE EQUIPMENT NOR ANY OF ITS SALESPERSONS ARE, OR
\\IE IoCTED AS, LESSOR'S AGENTS OR EMPLOYEES: f) financial intormation and other
tementsP/'Ollided to Lessor are acc:urare alld correct. and will be updated upon Lessor's request
"Ing lIIe term of the Lease; 9/ said parties are currently meeting all debts as such come due: h)
. EquiPment IS leased exclusively for Lessee's established business purposes and not for starting
'fifW business or for personal. family or household purposes; i) Lessee has unrestricted power to
'er IntO thIS Lease. has duly authOrized the person executing it. and certifies that all signatures
, authentoe: and J) saId parties will pay all costs connected WIth the Equipment, including taxes.
"'aoce. replllrs. shipping. collection costs and other expenses normally paid in a net lease.
3. LEssee'S WIIIVER OF OAMAGES AND WARRANTIES. FROM LESSOR. a) Lessee leases
Equlpf1lllnt trom Lessor "A$' IS". THERE IS NO RIGHT, WARRANTY OR CONDITION (ORAL.
litTEN, EXPflESS. IMPlIeD, STATUTORY, LEGAL, CONVENTIONAL, COLLATERAL OR
HIA) RESPECTING THIS LEASE OR THE EQUIPMENT. INCWDING ANY WARRANTY OF
,RCMANTA81LITY OR FITNESS FOA A PARTICUlAR PURPOSE, EXCEPT AS MAY BE
.......V SET FORTH HEREIN; b) IF THl!EQUlPMENT IS NOf PROPERLY INSTALLED, DOES
l1' OPERATE AS REPRESENTED OR WARRANTED BY THE SUPPLIER, OR IS
ISATlSFACTORY FOR ANY REASON WHATSOEVER, LESSEE $HALL MAKE ANY CLAIM ON
COU"'T THEREOF SOLELY AGAINST THE SUPPLIER. AND LESSEE HEREBY WAIVES ANY
eM CLAIM AGAINST LESSOR, EVEN WHERE, BUT FOR THE RISKS ASSUMED BY LESSEE.
E CLAIM WOUlD BE IN RESPECT OF A FUNDAMENTAL BREACH OF THIS LEASE (Of HER
,AN LESSOR'S WRONGFUL FAIWAl! TO PAY THE SUPPlIER). All warranties from the Supplier.
..essor are hereby aSSigned to lessee for the term of the Lease for Lessee's exercise at Lessee's
>ense; c) LESSEE SHALL HOLD LESSOR HARMLESS AND SHALL BE RESPONSIBLE FOR
IY LOSS. DAMAGE OR INJURY TO PERSONS OR PROPERTY CAUSED BY THE EOUIPMENT:
'lO R~SENTATION OR WARRANTY BY THE SUPPliER OR SALESPERSON IS BINDING
I lESSOR NOR SHALL BREACH OF SUCH WIlRRANTY RELIEVE LESSEE OF LESSEE'S
'LIGATIONS TO LESSOR; and e) IN NO CASE SHALL LESSOR BE LIABLE TO LESSEE FOR
ECtAL. INDIRECT OR CONSEQUENTIAL DAMAGES.
4. fIl4YMENTS. Lessee agI'ftS to make lease payments in advanee and to pay such other Charges
~ herein. Prior to lIIe Commencement Date. Lessee shall pay interim rental at a rate of
10th of the monthly rent per day from and including the acceptance date to the Commencement
.e. Payments otlnterom rent are due and payable upon Lessee's receipt of invoice Irom Lessor.
lse payments shall be Increased by any cost or expense Lessor incurs to preserve the Equipment
'0 pay taxes. assessments. fees. penalloes. liens. pledges. hypothees or encumbrances. Unless
,sor gl_ .wrotlen notice of a nfifW address. all payments under thIS Lease shall be sent to Lessor
he Toronto address provided by Lessor. Each payment received will be apphed first to the oldest
"911 due under the Lease LESSEE AGJIlEES THAT TIME IS OF THE ESSENCE AND TO MAKE
(MENTS REGARDLESS OF ANY PROBLEMS LESSEE MIGHT HAVE WITH THE EQUIPMENT
:WDINQ ITS OPERATIONS. CAPABILITY. INSTALLAnON. OR REPAIR evEN WHERE THE
RE~NG. BUT FOR LESSEE'S ASSUMPTION OF THESE RISKS, MIGHT TECHNICALLY
'NSTITUTE A FUNDAMENTAL BREACH OF THIS LEASE AND REGARDlESS OF ANY CLAIM,
n:JIIF. COUNTER-CLAIM OR OEFEMSE LESSEE MIGHT HAVE AGAINST THE VENDOR OR
,NUMCTIJREA ("SUPPLIER"). SALESPERSON. OR Of HER THIRD PARTY. Without Lessor's
)f wrollen consent. any payment to Lessor of a smaller sum than due at any time under this Lease
III noI consbtute a release or an accord or satisfaction tor any greater SUm due. or to become
, regardless of any endorsement restroctlon An advance payment shall be held by Lessor as a
lJrlty deposit ~or the performance of the Lease. In case the Lease IS never finalized. the advance
men! WIn be retained by Lessor In houi.;atlon of documentation and processing expenses.
5 lil.XES. ASSESSMENTS ANl' Fi:.t::S Lessee agrees to pay all licenSing. fihng and regIstration
5 to keep the EqUIpment free of all hens. hypothecs and encumbrances; TO SHOW THE
U1PMENT AS "LEASED EQUIPMENT" ON TAX RETURNS: TO PAY LESSOR FOR ALL
"SO/!/AL PROPERTY TAXES ASSESSED AGAINST THE EOUIPMENT: to pay all other laxes.
17
CIty
OV "'-;;;OVince
Postal Code
o First
0Flrst & Last
o Other
Indicate Provo Sale Tax. No
if applicable
ADVANCE PAYMENT
Cheque for this amount must accompany
Lease Application
'7$ ? ~O
$
INCWSIVE 01 applicable tax
THIS LEASE IS NON-cANCELLABLE
ThiS lease is a binding contract eonaiating of all terms on the front and _rse hereof. Lessee
acknowledges the receipt of a complete copy of this Lease.
LESSEE (Complete Legal Name)
t. A.JLA /)IJN 0 F- me.
Billin9 Address
Yo 'r:V1/~A^,,()L
7(,)t.,./lV
oj::
A)~v.JcA ';u:...
~,...-
City
j)d"""'ttrA 4JJI '-.l:-
Area Phone
'-J3-3371
Province
0...) .,..
Date
Postal Code
'-.1 c... !Ii b
GUARANTEE
In consideration of the Lessor leaaing to the Lessee and other gOOd and valuable consideration, the
receipt of which Is hereby acknowledged by the undersigned, the undersigned personally and
unconditionally guaranteea payment alld performance of, and agrees to be subject to. all the terms
and conditiona of this Lease until all obligations under the Lease are fulfilled and in the _nt of default.
hereby pledgaa the sole and seperate estate of the underSigned and waiws notice of any modification,
amendment or extention 01 the l.ease.
(Signature)'An Individual (No Title) Age
V'
(Signature) An Individual (No Title) Age.
V'
EQUIPMENT ACCEPTANCE. AND PURCHASE AUTHORIZATION
On behalf of Lessee. I hereby certify that all 01 the Equipment referred to in the above Lease has been
deliwred to and has been received by the Lessee, that all installation or other work necessary prior
to the use thereof has been completed, that the Equipment has been examined by the Lessee and is
in gOOd operating order and condition and is In all respects satisfactory to the Lessee. and that the
Equipment is accepted by the. Lessee for all purposes under the Lease.
ACCORDINGLY I AUTHORIZE LESSOR 10 PURCHASE THE EQUIPMENT.
Authorized Signature of Lessee: Date:
II"
(For Lessor's Use Only) Verification of Acceptance Date:
and Authorization to Purchase:
Given by: To:
I THIS DOCUMENT IS REQUIRED FOR ALL TRANSACTIONS UNDER $3,000.00 I
REQUEST FOR DANA COMMERCIAL CREDIT. CANADA INC. PAYMENT PLAN
Dana Commerc,al Credll. Canada Inc IS hereby requested and authoflzed to dr... payment periodIcally under itS Dana Commercial Credit. Canada Inc. Payment Plan. SUCh payments
to be charged aga,nstthe account of the undersIgned as shOwn belOVi to cover the rental payment in accordance with the terms and conditions of the Lease Agreement(s) between Dana
CommerCIal CredIt. Canada Inc. and the undersIgned Lessee.
AUTHORITY FOR DANA COMMERCIAL CREDIT. CANADA INC. PRE-AUTHORIZED PAYMENT PLAN 10
Bank or Financial Institution
You are hereby authorozed and requested to pay and debit to the account of the undersigned mentioned belOVi whether it oontinues to be mairtained at the branch named belOVi or is
from tIme to I1me transferred to another branch of the bank. all payments purporting to be drawn on you on behalf of the undersigned payable 10 Dana CommerCial Credit. Canada Inc
and presented to you for payment and to pay and debit to the said account all amounts specllled on any magnetic or computer produced paper-tape that IS or purports to be a dorection
on behan of the unders'll"ed to CredIt an amount to the saod Payee and to debit such amount to the said account. This authorization may be revoked in ten days written noIice to the
branch of the bank at which the said aecour1 IS for the time being maintained.
In conSIderatIon of your actIng as aforesaid. it IS agreed that your treatment of each such payment and your rights with respect to it shall be the same as II were signed by the undersigned
personally and any amount specified on tape shall be the same as a written dorection by the undersigned to credit the Payee and debit the amount to the account of the undersigned
and that failure to pay any payment or to debIt the amount specIfied on tape shal give rise to no liability on your part regardless of the loss or damage.
Any delivery of thiS authOrozation to you wil constItute delivery by the undersigned. I PLEASE ATTACH AN UNSIGNED SAMPLE CHEQUE
FROM YOUR BANK OR FINANCIAL INSTITUTION
Bank Full Name
Date Of l..es$ee
Sraneh Authorized LecJal Name 01 FI,m
CheQue Signer 1 Tille
l~oI 1~1JIlt -
. "'\,,::J~ \ ........,....
---,.-......--....
t l~J
.~DANA 'COM,\,1ERClAL CREDIT
C-AJ\lADA INC-
..
Lease Application
vendOf (;E~ rcr;'\J rt;L ,Aic- COST
Equipment
ver'ldot Address f., eN ft(uN1 0"
5b (EEl( Cat H,L( ONI L. '-I ~ J Ii\ $ 3',(.
,
Conc8C1 Person I S8es Rep Telephone No
00...,,-> t\t 00 )J;.. ( 4.f1C.) /to &{ - 77't'
INITIAL C3'Monthly LEASE PAYMENT ADVANCE PAYMENT o First
Tl'RM (How applied)
o Quarterly lI.;9. " ~ & Last
~ o Other ________ 2/J.71 o Other
.---'-- $
01 Months EXCLUSIVE of apphcable tax INCLUSIVE of apphcable lax
llwe hereby aulhorlze vou 10 whom this applicatIOn IS made or your agenls 10
Investigate my/our finanCial responSibility and credit worthiness and Will provide
finanCial statements. lax returns. e1C as you deem necessary llwe agree thai the
Advance Payment1snol refundable unless apphcatlon IS reJeC1ed by Lessor
'10
IQUlPUENT 10 BE LEASED Attach separate list if necessary.
Manuf8C1urer
(,c.~ Tii r~4(. lIVe,.;
DescrlptJ()n
f:lcJQEc.. :?3,}~~" P 1-< cJJl)<:'<J fIt'- (J I'T7( At -10 ~ou-t:l. AN') ~ f)F - ( &1:JC."'.Ac.e....r,- ~ex..
, ,
EQUIPMENT lOCAnON Complete only if equipment will not be located at lessee's address
Address City PrOlllnce Postal Code
/ ..3~ e.t((..(J.(1( S..,- I>OwMi\~cJ,~ ().J~
LESSeI ImpOrtant to list legal name of entity
C_nv
<Joi 10M f)tJU OF Jill
TOUJrJ
OF Nf~.1'{i'1..e.
B~long Address
,Yo 7lAPra~AI~C
S'7""
City
/!>dw/'fA. tJ J I (, lJ!:.
Province
O.rr
Postal Code
L.IL 3~,
~NO
<'-lIb) , ~ 3
Contact Person
Title
'b~ / q
NaIufe of BuSIneSS
No. of 'IUIs in Business
f~ '- than 2 - fill out PelsonaIlrIormation)
Type of BUSiness
o Non-Profit 0 ProprielOlSh.p 0 Pertn_hip 0 Corporation
PeRSONAL INFORMAnON ON OFFICERS, PARTNERS, OR GUARANtORS
Name
Title
Social Insurance No.
HOme Address
City
Province
Postal Code
Home Phone No
Name
Title
Social Insurance No.
HOme Address
Cty
Province
Postal Code
Home Phone No
COMPANY BANK REFERENCES - TWO YEAR HIS'IORY (ImpOrtant to establish any loan history)
Name of Bank/Branch How Long? Chkg. Acct * Telephone No. Contact Officer
Loan Acct. * ( )
Name of Bank/Branch How Long? Chkg. Acct * Telephone No. Contact Officer
Loan Acct. w ( )
Name of Bank/Branch How Long? Chkg. Acct * Telephone No. Contact Officer
Loan Acct. * ( )
TRADE REFERENCES .. TWO YEAR HISIORY (Important to establish high credit and payment history)
N,...e of Suppller City/PrOlllnce Telephone No. Contact Person
( )
Name of Suppher Crty/PrOllince TelephOne No, Contact Person
( )
Name 01 Suppller City/Province Telephone No Contact Person
( )
ENGlISH LANGUAGE
CHECKLIST
. Have all documents been completed in the legal bUSiness name and accoohng to the apprOllal?
. Was the correct rate facto< used?
'Advance rental check made payable to Dana Commercial Credit, Canada Inc. was tax included where applicable?
.If a persona. guarantee was requested, did the same guarantor Sign?
. Does the Oflg:nal'MIIOlce Show model *, Serial W, and sold to Dana CommerCial Credit, Canada Inc.?
. ThiS IS a legal document - cross outs and erasures are not acceptable. complete a new' document
-Questions??? Please call Dana CommerCial Credit. Canada Inc. and ask for Oocumentahon!
t OS tile eopress WISh of the partoes that thiS tease and all contraclS. related documents and
;ommunoCatoons be in Enghsh, whether SI9"ed or sent previously, today or in the future.
..es partoes conhrment qu'~ est de leur lIOionle expresse el reciproque que ce ball el tous
;ontrats. documents rel.es el communicatIOns solent rediglls en anglais. SOlt qu'!ls aient
... sognes ou transmos anterleurement, en m&me temps ou posterieurement ~ la date de
_.
t tt ~
DANA COMMERCIAL CREDIT
CA1'\TADA INC
rLessee Name:
f
CUSlOMER NO.
11
LEASE NQ.
1
-,
DATE
L
.J
EQUIPMENT:
lESSEE:
'tOUR lEASE SHALL COMMENCE AFTER THE DELIVERY AND INSTALLATION OF THE
EQUIPMENT LISTED ABOVE. YOUR PAYMENT WILL COVER THE INITIAL PERIODS THEREAFTER.
10 COVER INITIAL 0 MONTHLY 0 QUARTERLY 0 OTHER PAYMENT.
I:lIIn\I IaU;::s:. TAV
J :"'1'
.'b
" . '"
..eJ ';7-13'1
loll
~.~
~
Ontario
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
E 890942
IN THE HATTER OF Section 64 of the
Ontario Municipal Board Act, (R.S.O.
19aO, c.347 as amended)
- and -
IN THE HATTER OF an application by
The Corporation of the Town of
Newcastle for an order approving the
entering into a proposed lease
agreement between the applicant and
Dana Commercial Credit Canada Inc.
with respect to the leasing of one
Gestetner model 2325ZD photocopier
complete with document feeder, sorter
and cabinet for a period of five
years, and the disbursement of sums
of money payable thereunder
B E FOR E :
D.H. McROBB
Vice-Chairman
"
)
)
)
)
)
)
)
Tuesday, the 5th day
of September, 1989
- and -
M.E. JOHNSON
Member
THE BOARD ORDERS that this application be granted and that the
applicant may enter into such proposed lease agreement in the form
filed with the Board on the 10th day of August, 1989, and identified
by the Secretary I s signature, provided that the Council of the
applicant corporation in exercising any power approved by this order
shall comply and conform with all statutory and other legal
requirements related thereto.
ENTEP:~O ~
O.B. fJo. ..~.f::..~....... J
/2...7 ~
Folio No. ............. .......... I
OCT 1 6 1989 'I
fl41~
SECRETARY, ONT. MUtllCIPAL BOAR::>