HomeMy WebLinkAbout95-95 i
i
THE. CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 95-95
Being a By-law to authorize the execution of a
Lease Agreement with Municipal Leasing Inc . ,
Markham, Ontario.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1 . THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Municipality of Clarington,
and seal with the Corporation Seal, a Lease Agreement
between Municipal Leasing and said Corporation, which is
attached hereto and marked Schedule "B" .
By-law read a first and second time this 26thday of June 1995 .
By-law read a third time and finally passed this 26th day of
June 1995 .
ACTING MAYOR
LESSOR: MUNICIPAL LEASING LEASE CONTRACT
Munn p.;Financial OR The Municipal OR The Municipal Savings& CLIENT NO.0-i-f S: 3 Fsa
Leasing Corporation Trust Company Loan Corporation LEASE N0. LS!"
whichever executes this Lease Contract,below,as Lessor
7100 Woodbi-e Avenue,Suite 400,Markham,Ontario 1313 5J2 Telephone:(905)946-2155 PLEASE REFER TO THESE NUMBERS
QUANTITY EQUIPMENT DESCRIPTION(include Make.Model and Serial No.)
I
i
i As per the attached -Schedule A
I
EQUIPMENT LOCATION:Lessee address below or[specify]
SUPPLEMENTAL PROVISIONS OF THIS LEASE CONTRACT(if any): i
i.SUPPUER
TERM(No.of 36 NO.OF PERIODIC RE PMTS PMTS WILL MADE IN ADVANCE PERIODIC RENTAL I GST' I PERIODIC RENTAL ) O
Complete Months) PMTS DURING SAID TERM MONTHLY QUARTERLY ❑ AMOUNT Exclusive of Tax 105 5.5 ST�-8 4 PAYMENT' 1213.83
13.03
Based on current taxes and tax rates.[Sales Tax Exemption Certificate required if sales tax exemption is claimed.)
TERMS AND CONDITIONS OF LEASE CONTRACT-ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF FORM PART OF THIS LEASE CONTRACT.
1. TERM. THIS LEASE CONTRACT("LEASE")IS NOT BINDING ON LESSOR UNTIL SIGNED PERFORM AS INTENDED BY LESSEE AND/OR TOTALLY FAILS TO FUNCTION OR PERFORM
BY LESSOR- Lessee agrees to lease the property described above and all accessories supplied OR IS OR BECOMES UNSATISFACTORY OR UNACCEPTABLE TO LESSEE FOR ANY
therewith(the-Equipment)on the terms set forth in this Lease. The tens of this Lease("Term") REASON WHATSOEVER LESSEE (a)will look to Lessor only for co-operation in the
begins on the date the equipment is shipped to Lessee.Unless sooner terminated by Lessor,the enforcement of any warranty obligations of manufacturer or supplier,and(b)AGREES THAT
Term will end after the number of months specified above from the date the Tenn commences; SUCH EVENT OR EVENTS DO NOT CONSTITUTE A BREACH OF THIS LEASE BY LESSOR.
provided,however,that'it the Term commences on OTHER THAN the 1st day of a month,the Term LESSEE'S SOLE REMEDY(IF ANY)SHALL BE AGAINST MANUFACTURER OR SUPPLIER
shall be extended to the last day of the month in which the Term would otherwise expire. DIRECTLY AND NOT AGAINST LESSOR.This Lease may be amended only in writing,signed by
'Termination Date"means the date on which the Tenn ends,according to this Section. Lessor and Lessee. LESSEE ACKNOWLEDGES THAT NEITHER THE SUPPLIER NOR ANY
2. PAYMENTS. Lessee agrees to pay rent as follows:(a)if the Tenn commences on other than the SALESPERSON,NOR ANY BROKER OR OTHER INTERMEDIARY,IS AN AGENT OF LESSOR
1st day of a month,Lessee will pay pro rata rent from the date of shipment to the end of the month in AND THAT NONE OF THESE HAS ANY AUTHORITY TO ALTER OR WAIVE ANY PROVISION
which shipment took place and(b)the Periodic Rental Payment("Rental")for the first complete OF THIS LEASE OR TO BIND LESSOR IN ANY WAY and Lessee represents and warrants that no
calendar period of the Term when Lessee executes this Lease:and(c)subsequent Rentals in such person purported to act as Lessor's agent.
advance on the 1st day of each calendar period of the Tern.Lessee shall make all payments at 5. LOCATION AND USE. The Equipment shall be located at the place designated above and
Lessor's office shown above,or as Lessor specifies in writing.Lessors invoice is NOT a condition of not elsewhere without the prior written consent of Lessor,which consent may be arbitrarily withheld.
Lessee's obligation to pay Rentals and/or interest charges when due. Lessee's obligations under Lessee agrees to use and operate the Equipment in a careful and prudent manner and in compliance
this Lease shall be absolute and unconditional under all circumstances whatsoever and, with all supplier's and/or manufacturer's recommendations,and not for any unlawful purpose.Lessee
without limitation,ALL AMOUNTS PAYABLE HEREUNDER ARE AND WILL CONTINUE TO BE shall cause or permit the Equipment to be maintained and operated,at Lessee's expense,by
PAYABLE IN FULL,WITHOUT ABATEMENT,DEFERMENT OR SET-OFF WHATSOEVER, competent and qualified personnel only.Lessee represents-that the Equipment will be used for
REGARDLESS OF ANY CLAIM OR DEFENCE WHATSOEVER WHICH LESSEE MAY AT ANY business purposes only.
TIME HAVE AGAINST LESSOR,SUPPLIER,MANUFACTURER OR ANY OTHER PERSON. Any 6. COMPLIANCE WITH LAWS;ENCUMBRANCES; TAXES. Lessee,at its expense,shat (a)
amount not paid when due shall bear interest from its due date until paid at an annual rate of comply with all laws,present and future,relating to this Lease and/or the Equipment,its ownersnip,
interest equal to 24 percent per annum,calculated daily,and payable monthly on the first day shipment,delivery,installation,inspection,possession,operation,maintenance,condition,and/or
of each month,before and after any termination of this Lease and both before and after Default storage;and(b)keep the Equipment free and dear of all Liens;and(c)pay all license,registration
and/or judgment and other fees and all sales,use,property,goods and services and other taxes,levies.duties,
3. NON-CANCELLABLE LEASE. EXCEPT AS EXPRESSLY PROVIDED HEREIN,THIS LEASE assessments and charges,including any increases therein and/or those hereafter imposed,("Taxes'
CANNOT BE RESCINDED OR TERMINATED. payable directly or indirectly in respect of(i)this Lease,(ii)any payments under this Lease,or e)the
4. ENTIRE AGREEMENT, NO REPRESENTATIONS OR WARRANTIES. THIS LEASE Equipment,its purchase,sale,ownership,repair,servicing,use,operation,or otherwise related
CONSTITUTES THE ENTIRE AGREEMENT BETWEEN LESSOR AND LESSEE. LESSEE thereto,and whether Taxes are levied against Lessee.Lessor or the Equipment and regardless of
ACKNOWLEDGES THAT THERE ARE NO INDUCEMENTS, REPRESENTATIONS, how any Tax is designated.
AGREEMENTS,WARRANTIES,CONDITIONS,OPTIONS OR TERMS,ORAL OR WRITTEN, 7. TITLE. Title to the Equipment shall at all times remain in Lessor and Lessor shall retain all the
EXPRESS OR IMPLIED,STATUTORY,COLLATERAL,CUSTOMARY OR OTHERWISE OF ANY benefits of ownership.Lessee shall have no right,title or interest(legal or equitable)in or to the
KIND WHATSOEVER,MADE OR GIVEN BY OR ON BEHALF OF LESSOR OR OPERATING IN Equipment other than,conditional upon Lessee's compliance with this Lease,the right to
FAVOUR OF LESSEE WITH RESPECT TO THE EQUIPMENT(Including,without[imitation,its possess and use the Equipment Lessee shall not,and shall not purport to(I sell,transfer,sublet,
condition,capabilities,use,operation,fitness for any particular purpose,conformity to or create any Lien upon the Equipment;(ii)permit any third party to possess the Equipment or permit it
sample or specifications,durability,quality,merchantability,design,freedom from Liens,or to be placed in jecpardy of confiscation or seizure or in any manner deal with it or permit it to be dealt
compliance with the requirements of any law,purchase order or contract)or any other matter with so as to possibly defeat,prejudice or impair Lessor's rights or interest therein. Lessor may
whatsoever,other than as may be expressly stated in this Lease. Lessee acknowledges(a) substitute similar equipment,in comparable condition,for the Equipment.
that It alone has selected the Equipment and the supplier,and(b)that Lessor Is not an agent 8. ACCESSORIES AND ADDITIONS. Any additional equipment or accessories installed in or upon
of manufacturer or supplier.THE SOLE OBLIGATION OF LESSOR UNDER THIS LEASE IS TO the Equipment will immediately forth part of the Equipment and belong to Lessor.
PERMIT QUIET POSSESSION OF THE EQUIPMENT ON AN"AS IS"BASIS AS LONG AS NO 9. RISK;MAINTENANCE AND REPAIR. LESSEE ASSUMES ALL RISK OF LOSS,LOSS OF USE,
DEFAULT HAS OCCURRED. Lessor will give its reasonable co-operation to lessee to assert,at THEFT OR DESTRUCTION OF OR DAMAGE TO THE EQUIPMENT without regard to culpability or
Lessee's expense,Lessor's rights under any manufacturer's or supplier's warranties and will assign Cause. Lessee agrees,at its expense,to maintain the Equipment in good repair,condituaci and
to Lessee such warranties(to the extent assignable).IF THE EQUIPMENT IS NOT PROPERLY appearance(reasonable wear and tear only excepted)and so as to maintain in effect any
INSTALLED AND/OR IS NOT,OR DOES NOT FUNCTION OR PERFORM,AS REPRESENTED warranties,and to furnish all parts,components,mechanisms,("Parts")supplies,servicing and
OR WARRANTED BY MANUFACTURER OR SUPPLIER AND/OR DOES NOT FUNCTION OR repairs required.Lessee expressly assumes the risk of obsolescence and the risk that Parts and/or
THE UNDERSIGNED ACKNOWLEDGES HAVING READ THE ENTIRE LEASE AND ACCEPTS THE TERMS AND CONDITIONS THEREOF.
FULL LEGAL NAME(S)OF LESSEE(S) The Corporation of the Municipality of art ngton
ADDRESS(INC.CITY1TOWN) 40 Temperance Street Bowmanville Ont. ' POSTAL CODE L1C 386
PERSON TO CONTACT TITLE TEL.NO
Shirley Stewart I (INC AREACODE) 905-623-3379
Executed
MUNI - ` - The undersigned affirm(s)that he/she is (they are)duly authorized to
MUNICIPAL FINANCIAL LEASING CORPORATION �;GS T Reg!R10360394b
ex ute this E SE CONT T.
Ar,n,onzed Signature OR .: ,ti f _' ' MAYOR
THE MU RUST C� G.S.T.Reg.!R132265125 lure
BY:
pnaaus _ OR"
THE MUNICIPAL SAVINGS&LOAN CORPORATION :G.S.T.Reg.#R129318059 PLEAS OTE: Co-lessees(if any)are jointly and severally
BY �` `' mks '.' ''+ '� ; � liable. Neither supplier nor Lessor is agent of the other. Lessee cannot
Authorized l: cancel this Lease. Please read this Lease before you sign it.
[Shaded areas are for Lessor use only]
LC 0900 01/95 REV.
repair/maintenance services may become unavailable. such monies with its own and may apply the Deposit against any amount payaoie by Lessee.
1 o. INSURANCC. Lessee shall maintain property damage and liability insurance and insurance 16. RETURN OF EQUIPMENT,OVERHOLDING. On the Termination Date or on any oty.er termination
against lass of or damage to the Equipment arising from such risks and perils as are customarily of this Lease,Lessee shall,at Lessee's risk and expense,return the Equipment to Lessor at LesWs
covered by insurance on the type of equipment leased hereunder and by prudent operators of place of business. On return or it repossessed,the Equipment shall.except for-easonable wear alid tear,
enterprises similar to that engaged in by Lessee,in amounts and with insurers satisfactory to Lessor.At be in the same condition,repair and apcearance as when de:ivered to Lessee.If Lessee does not return
Lessor's request from time to time,Lessee shall furnish Lessor with a true copy of the insurance policy, the Equipment to Lessor on the Termination Date then this Lease shall continue on a month-to-
a certificate of insurance,certificate of renewal or other evidence satisfactory to Lessor that such month basis until Lessee returns the Equipment to Lessor or Lessor terminates this Lease on 10
insurance coverage is in effect.In the event of any accident or incident which may become the basis of days'notice or as otherwise entitled under the terns hereof.
any claim against Lessee or Lessor or if the Equipment is damaged,Lessee shall immediately notify the 17 TRUE LEASE. This Lease is intended to be and shall be treated as a true lease for ALL PURPOSES
insurer and Lessor. WHATSOEVER and is not intended to secure payment or performance of an obligation.However,Lessor
11. INDEMNIFICATION OF LESSOR BY LESSEE. Lessee shall indemnify Lessor and Lessor may register financing statements("Flings',at Lessee's expense.Lessor shall be under no obligation to
Personnel against,and hold Lessor and Lessor Personnel harmless from,any and all claims,actions, effect any Fling or to ensure that any Filing is valid.
suits,proceedings,costs,expenses,damages and liabilities including lawyers fees,arising out of, as
connected with,or resulting from the Equipment,including without limitation,the manufacture,selection, o SOFTWARE Any other provision p this Lease notwithstanding,'rf software o described w listed s ee
delivery,installation,possession,use,operation or return of the Equipment or otherwise on account of to constitute a appear s t constitute part of the Equipment or is supplied for use therewith,Lessee
any personal injury or death or damage to property occasioned by the Equipment or on account of any of such and agrees that(a)Lessor may not have,and does not purport to have,title to or ownership
infringement or alleged infringement of patent occasioned by the operation of the Equipment. of me; software ui the right to lease,license,sublicense,or grant possession D of,or grant the right to use,
12. ASSIGNMENT. NEITHER THIS LEASE NOR LESSEE'S RIGHTS HEREUNDER SHALL BE paw'(d)the Equipment which a the subject of this Lease consists of HARDWARE ONLY;(c)rent s
ASSIGNABLE BY LESSEE WITHOUT THE WRITTEN CONSENT OF LESSOR which consent may be put of HARDWARE ONLY;and(d)Lessor does trot,by virtue of this Lease w otherwise,
purport to lease,sublease,license,sub-gcense or authorize Lessee to possess or use any software.
arbitrarily withheld.Lessor may assign(whether absolutely or by way of security)all or any part of its 19 NO PARTNERSHIP OR AGENCY.Lessee acknowledges that Municipal financial Leasing
right,title and interest in the Equipment and/or in or under this Lease to any person without notice to
Lessee Corporation and The Municipal Trust Company and The Municipal Savings&Loan Corporation are NOT
13. DEFAULT. In this Lease"Default means the occurrence of any of the following: (a)Lessee fails partners or joint venturers or agents of each other,and that only the one of them that executes this Lease
as Lessor has any obligation to Lessee.
to pay any amount when due or fails to perform or observe,or breaches,any other provision hereof.or 20. JOINT AND SEVERAL LIABILITY. IF MORE THAN ONE PERSON SIGNS THIS LEASE AS
(b) Lessee becomes insolvent or bankrupt or commits an act of bankruptcy or seeks or agrees to any LESSEE EACH SUCH PERSON(herein sometimes referred to as a"Co4essee")IS JOINTLY AND
arrangement with its creditors,or a trustee,receiver,receiver and manager,liquidator,secured party's SEVERALLY LIABLE UNDER THIS LEASE FOR ALL OBLIGATIONS OF LESSEE,AND EACH SUCH
agent,or similar person,is appointed for Lessee or its property;or(c)a landlord distrains lessee's PERSON CONFIRMS THAT IT UNDERSTANDS THAT IT IS OBLIGATED AS PRINCIPAL AND NOT
goods or locks Lessee out of premises,or any of Lessee's assets are seized under any process of law, AS GUARANTOR.The actions and omissions of each Co-lessee shall be deemed to be the actions
or any judgment against Lessee remains unsatisfied for more than 15 days;or(d)Lessee is in default and omissions of all Co-lessees and shall be binding on all Co-lessees jointly and severally.
under any other agreement it may have with Lessor,or(e)constating documents or charter of Lessee, Without limitation,delivery of Equipment to any Co4essee shall be conclusively deemed to
if a body corporate,are cancelled or revoked;or(f)Lessee fails or refuses to accept delivery of
Equipment:or(g)the Equipment is destroyed,substantially damaged,lost,stolen,abandoned, constitute delivery to and acceptance by all not that and the liability of any Cver had,
concealed,seized or confiscated or its continued use becomes restricted or prohibited by law or court hereunder shall not depend upon whether or not that Calessee then has,or has ever had,
order,or(h)any information given by Lessee proves to be incorrect or misleading;or(i)the Equipment possession or use of Equipment
is returned to Lessor,unsolicited,during the Tenn. 21. WAIVERS. No Default or right or remedy under this Lease,nor application of any provision hereof,
14. LESSOR'S RIGHTS;DAMAGES. If Default occurs,Lessor MAY,in any order and at any time(s),do shall be deemed to have been waived by Lessor unless waived in writing by Lessor.
one or more of the following: a require Lessee to inwrhediat an amounts then ow and/or 22 NOTICE Any notice or other communication required or permitted under this Lease shall be in writing
any ne ( ) Le ciY Pat Y n9 and may be given by prepaid registered mail or delivering the same addressed to the other party at the
immediately return the Equipment to Lessor,(b)take immediate possession of the Equipment,without
notice;(c)dispose of the Equipment,either publicly or privately,for such consideration and upon such address set out in this lease,or at such other address in Canada as such parzy may notify the other of in
terms and at such time and place as Lessor may consider reasonable,without notice;(d)terminate this accordance with this Section.Any notice or other communication so mailed sha&conclusively be deemed to
Lease,immediately or on notice;and(e)on not less than 5 days notice require Lessee to pay to Lessor on have been given when received or on the fifth business day following mailing,whichever is earlier.
the date specified in such notice,as a genuine pre-estimate of liquidated damages and not as a penalty, 23. GOVERNING LAW;SEVERABILITY. This Lease shall be governed by and enforced in accordance
fine present value of the aggregate of all unpaid Periodic Rental Amount payments yet to become due with the laws of Ontario and the laws of Canada applicable therein.Any provision hereof which is
hereunder calculated by discounting such amounts at 6 percent per annum AND the present value of determined to be illegal.void or unenforceable by a court shall be ineffective to the extent of such illegality,
Lessors residual interest in the Equipment,calculated by discounting the value of such residual interest at voidness or unenforceab'Tity without invalidating or impairing the enforceability of the remaining provisions
6 percent per annum from the Termination Date,("Present Value Anauntsl AND Lessee agrees to pay hereof.
the Present Value Amounts to Lessor on or before the date specified in such notice whether or not the 24. TIME OF ESSENCE Time shall be of the essence of this Lease and each and all of its provisions.
Equipment has been or is returned to or repossessed andtor disposed of by Lessor. Lessee irrevocably 25. PERSONS SIGNING IN A REPRESENTATIVE CAPACITY. A person signing this Lease on
authorizes Lessor and Lessor Personnel at any time during the day or night to enter any lands or premises behaff of Lessee shall be conclusively deemed to have PERSONALLY represented and warranted
where the Equipment may be located to take possession of and remove same and/or render same (a)that such person had authority to sign on behalf of Lessee and(b),if signing for what is
unusable,whether affixed to realty or not using such force as appears to be required:all without legal indicated to be a corporate entity,that the"entity"named was,when the person signed,an
process and withal liability for or by reason of such actions,whether in respect of any personal property existing legal entity and named by its correct legal name.
contained in or attached to Equipment or for damage to property,personal injury or otherwise. Lessee 26. MISCELLANEOUS. If serial numbers,make or model and/or other particulars of any kind
agrees to facilitate all of the foregoing actions by Lessor.Lessor may at its option remedy or attempt to whatsoever are not present or correct when Lessee signs this Lease,Lessee hereby empowers Lessor to
remedy any Default and may make any payments required or apparently required to do so.Lessee hereby insert or cored such particulars in Cne Lease after the information becomes known to Lessor,and the
appoints Lessor as lessee's lawful attorney with full power,in Lessee's name or otherwise,to execute any
documents Lessor considers reasonable or necessary to the exercise of Lessors rights. Lessor shall be Pa will ld
particulars wi be taken as trough they were on this Lease when signed by Lessee.Lessee advrowedocuments
under no obligation to take steps to recover possession of Equipment from Lessee or any third that the all be performed of this Lease are commercially reasonable. a of Lessee's obligations under this
perry. Termination of this Lease terminates all rights of Lessee in or to the Equipment BUT termination of I Paco shall t performed er observed at Lessee's expense.This lease shall enure o the behest of and ed
this Lease and/or taking of possession or acceptance of return and/or disposition of Equipment by Lessor dndng�the parties hereto and their respective heirs;executors,then p administrators,here successors.permitted
shall be without prejudice to Lessor's tights to recover damages and lessors other rights or remedies, assigns.and legal representatives. be retin any other provision hereof, f this Lease is never
and such actions by Lessor and/or the taking of any judgment shall not operate as a merger of any finalized,sums(pre)paid by Lessee may be retained by Lessor in liquidation of documentation and
provision hereof or of any obligation or liability of Lessee hereunder or release or discharge Lessee from proceswig expenses-
its obligations or liabilities hereunder. Lessors costs and expenses of @ collection,Cu)legal proceedings 27. FEES AND CHARGES Lessee acknowledges rot Lessor shall be fully compensated for services
to recover monies owing hereunder and/or possession of Equipment(ur)retaking,transporting,holding, beyond those required of Lessor by Lease and that the Periodic Rental Amount is based on the
repairing,reconditioning,preparing for disposition and disposing of Equipment and(iv)otherwise understanding and expectation n that Lessee will fulfil its obligations under this Lease in a timely fashion,
exercising or enforcing its rights or remedies,including without fanitation,legal fees on a solicitor-and-client without the need for prompting or intervention on the par of Lessor,(ii)that this Lease will ti.be!.....
basis,(all such costs and expenses collecWety referred to as'Costsj,shall be paid by Lessee to Lessor Default at any fine,and ps that payment shall be made via pre-authorized payment arrangement Should
on demand.Amounts in any notice by Lessor shall be conclusive and binding on Lessee,absent manifest Lessor provide any additional services or incur any costs or expenses or be put to any extra efforts
error. The value of Lessors residual merest in the E because of any change in Lessee's circumstances or Default,Lessor shall be entitled to recover from
quipmert(before discounting)shall be deemed to be Lessee an of Lessors roses and disbursements as well as its related standard fee(plus applicable Taxes),
Lessors estimate of what the fair market value of the Equipment would have been on the Termination which shall be payable by Lessee to Lessor forthwith.(Lessors Standard Fees Schedule available on
Date d at such time Lessee had complied with all its obligations under this Lease.If the Equipment or any request.)The following are examples wnich may be subject to fees:any amount owing under this Lease is
part of lt is disposed of by Lessor,then the amount received on the disposition will be applied,in the order not paid within 10 days of its due date;Lessee requests Lessor to provide account statements.
Lessor ejects,against(1)the Present Value Amounts and(11)Lessors costs and expenses of(as remnctiations or audit confirmations:Lessor is obliged to manually process payments because Lessee
applicable)retaking,transporting,holding,repairing,reconditioning,preparing for disposition and fails to arrange and maintain viable pre-authorized payment facility;failure to comply with the insurance
disposing of such Equipment(such subcategory of Costs hereinafter referred to as"Disposal Coss j.and requirements:Lessee's payment is returned for any reason unpaid.
the balance.a airy,('Balancel shall belong to Lessor;and it the amount received by Lessor on the 28. INTERPRETATION. In this Lease(a)the neuter gender shall be read and construed as it the neuter,
dsporsibon of Equipment is less than the total of Disposal Costs and the Present Value Amounts,Lessee masculine or feminine gerde r were expressed,as the ge nder of the
person referred to requires;(b)words
agrees VIM N will be liable for the shortfall('Shortfall).AND whether a Balance to be retained by Lessor, such as hereunder",?hereto','thereof and herein'refer to the whole of this Lease;(c)"person"and'third
or a Shordatl for which Lessee remains liable,results from disposition of Equipment,Lessee agrees that 9 party'each includes a natural person,body corporate,partnership,association,trust,government or
will continue to be liable for(A)amounts which were past due prior to Lease ternunation and(8)interest government body;(d)laws"includes statutes,by-laws and regulations,as well as ordinances,rules,
accrued to and accruing from the date of Lease termination and(C)any other amounts paid by Lessor to regulations and orders of any pudic authority;(e)'dispose"means sell,lease or otherwise dispose and
remedy any Default and(0)any Costs which are other titan Disposal Cass.If this Lease is terminated by "disposed and"disposition"shall be construed corespondngty:(I)`Lien"means any lien,encumbrance,
Lessor due to a Default involving loss or destruction of the Equipment,any net insurance proceeds security interest or other claim or right:(g)lessor Personner means directors,officers,employees and
received by Lessor shall be deemed to consiiute proceeds of disposition and shall be applied according to agents of Lessor,(h)unless the context otherwise requires,the singular number includes the plural and
this Secion. Lessor may declin:.to release Equipment to any person not meeting Lessors usual criteria vice versa;and(i)where the context permits,each reference to"Lessee"includes reference to each and
for acceptance of a lease application.Lessee agrees that in unadvertised private disposition to a wry Pew who�this lease as Lessee,severalty. The division of this Lease into Sections.and all
headings,are for convenience of reference only and shall not affect the construction or interpretation of
wholesale purchaser at a wholesale price,on an'As is,Where Is"basis without repair or this Lease THE USE OF BOLD FACE PRINT OR UPPERCASE LETTERS OR ANY COMBINATION
reconditioning,Is comrnerclalty reasonable and Permitted. THEREOF IN THIS LEASE IS PROVIDED AS A CONVENIENCE TO THE READER ONLY AND
15. SECURITY DEPOSIT. Upon execution of this Lease,Lessee will pay Lessor a ton-interest bearing DOES NOT SUGGEST THAT ANY PORTION OF THIS LEASE HAS ANY GREATER OR LESSER
Security Deposit equal to one Rental Payment. Lessor need rot keep the Deposit separate but may mix IMPORTANCE THAN ANY OTHER PORTION OF THIS LEASE.
LC 0900/1000 01/95 REV.
7100%W �bine Avenue, 56ta.4:O
ia;Or icya: f;nj j,G�5-?15�
Markncm. Onforio i3R SJ2 ' Fax No.:iWfl
MUNICIPAL LEASING
o it c 1983
Schedule "A"
This is Sch edufe ";,n to a Lease Contr3.t entered into UAt'=veer MUNICI='AL FINANCIAL
LEASING CORPORATION or THE MUNICIPAL TRUST COMPANY or TIE MUNICIPAL
SAVINGS 9Y LOAN CORPORATION, whichever executes the Lease Cont/tact, (as Lessor)
and t
The Corporati on o,5a the Muni ci pal i ty of C i ari ngton
_(as Lessee).
Quantty Ecrjipment Dascripton Ssrial Nunbar ModeA Number
1. "Security" MAC 31 System and Con, i gurati on, Comes with i
1 Heavy Duty Mailing System 51ng14-11b3 SM-94 —
cI_Qet6rtic Scale 0 a091 14 8870
f
Electronic Interfacin 8854
1 Special Riser Support for Scale
r & Printer 9�r S r34 8888
1 Converyor Stacker 9y(b1 bpi 9412
1 New Heavy Duty IN2B_.Production
Inserter S'oBAsy( o
I
i
i
NAME (S) OF LESSEE (S) The Corpora n t;f t t'luni c pal i ty i
of Claripg
i ! l erk
+
BY _ or
(Authorized Sig at re(s) , ,
Each copy must.be sig+ad as an ori5:cai'
Good Peapk,.Sbiving fvr E.tu!Imu...Tog ther