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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::>