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HomeMy WebLinkAbout91-61 .~ ~ v.... CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91- 61 being a by-law to authorize the execution of an agreement with Preston Transport Ltd. for the purpose of leasing advertising space on a transport trailer THE 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 wi th the Corporation Seal, an Agreement between Preston Transport Ltd. and the said Corporation, dated the 23rd day of April 1991, in the form attached hereto as Schedule "A". 2. THAT Schedule "A" attached hereto forms part of this by-law. By-law read a first and second time this 13th day of May 1991. By-law read a third time and finally passed this 13th day of ./\ May 1991. ( ': ." .' AGREEMENT MADE this 23rd day of April, 1991 BETWEEN: PRESTON TRANSPORT LIMITED. 420 Baseline Road West. Bowmanvllle OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF NEWCASTLE, OF THE SECOND PART WITNESSES that in consideration of the sum of Three Thousand Dollars ($3,000.00) paid by the Part of the Second Part to the Party of the First Part and of the agreements, covenants and obligations hereinafter set out the Parties hereto do agree the one with the other and do mutually covenant as follows: 1 . THIS AGREEMENT shall be for a period of three (3) years commencing the 23rd day of April, 1991. 2. THE PARTY of the Second Part shall have the right to use both sides of the Fruehauf aluminum-painted Van Trailer, Model FB9F2W481 02, being the ' property of the Party of the First Part, for the purpose of having and placing thereupon, advertising signs, insignia and designs, as have been agreed upon by the parties hereto. PROVIDED that the Party of the Second Part is aware that private industry will be advertising on the back door of the van, on the bottom of each side of each panel, front of the van. 3. THE PARTY of the Second Part shall, at its expense, place and install the said signs, insignia and designs according to the specifications as have been agreed upOn, and to maintain the same and re-paint where necessary. 4. UPON the termination of the existing contract of carriage between the said parties, the Party of the Second Part shall at its own expense, remove and obliterate all such designs, insignia and designs from the aforementioned trailer and cause the surface thereof to be sanded and repainted at a cost of Six Hundred and Seventy-five Dollars ($675.00). 5. THE PARTY of the First Part agrees that its trucks and tractors attached to the said trailer! shall be kept clean and of good appearance as good normal carrier practices shall dictate in the normal operation of such vehicles. and the parties being aware that lack of cleanliness is detrimental to the advertising principal Which the Party of the Second Part desires to maintain, the Party of the First Part agrees to ~eep the trailer washed, when necessary, In accordance with its nC'rmal carrier practices. 6. IN the event of damage to the said trailer and consequent damage to the signs, insiSllnia and designs, Preston Transport Umited shall be responsible at its own expense for the repair of the body of the trailer and the Corporation of the Town Qf Newcastle shall be responsible at its expense for the replacing of the advertising material, signs, insignia or designs. However, it is understood that the foregoing provisions of this paragraph shall be subject to the application of any vehicle or third party insurance for the purpose of effecting such repairs. But it Is further understood that the said Party of the First Part shall not be obligated to carry any insurance for the protection of such advertising material, signs, insignia or designs. . .- .. - 2 w 7. UPON the termination, April 23, 1994, of the existing contract of carriage between said parties, the parties may terminate or extend this agreement on such terms and conditions as may be deemed appropriate at the time. IN WITNESSES WHEREOF the Parties hereto have caused to be affixed each its Corporation Seal attested each by its Officer or Officers in that behalf authorized and empowered. wDP