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HomeMy WebLinkAboutPD-112-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN:PRESTON.GPA REPORT Meeting: General Purpose and Administration Committee F i I e# Date: May 6, 1991 Res. # By-La Report#: PD-112-91 File #: w# Subject: TRAILER ADVERTISING, PRESTON TRANSPORT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-112-91 be received; 2 . THAT a by-law be passed authorizing the Mayor and Clerk to enter into an agreement with Preston Transport Ltd. for the continuation of trailer advertising and further, the sum of $3,000 be drawn from Economic Development Account #7710-X- 299; 3 . THAT Mr. Wayde D. Preston of Preston Transport Ltd. be advised of Council 's decision. 1. BACKGROUND 1. 1 By agreement dated February 15, 1986, the Town contracted with Preston Transport to display advertising for the Town on one of its trailers . Said contract expires on March 17, 1991. 1.2 Preston Transport approached the Town for renewal of the agreement for a 3 year term under the similar terms and conditions save and except that the cost of advertising is to be adjusted to $3,000 for 3 years from $2,000 for 5 years in the previous agreement. REPORT NO. : PD-112-91 PAGE 2 2. COMMENTS 2 . 1 This matter was discussed and examined by the Economic Development Committee and staff were authorized to proceed. 2 .2 The purpose of this report is to advise Council of the foregoing and to have a by-law passed authorizing the execution of the Agreement. A copy of the agreement and the authorizing by-law is attached to this report. Respectfully submitted, Recommended for presentation to the Committee cc Franklin Wu, M.C. I .P. Lawrenc . Kotseff Director of Planning Chief A inistrative and Development Officer FW*df *Attach 29 April 1991 I I { - 77. t P I r. �1(Y 40 .a: 74W- SST r ,s { , CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91- 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 with 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 day of April 1991. By-law read a third time and finally passed this day of 1991. MAYOR CLERK 7 2 SCHEDULE 'A' AGREEMENT MADE this 23rd day of April, 1991 BETWEEN: PRESTON TRANSPORT LIMITED, 420 Baseline Road West, Bowmanville 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 F69F2W48102, being the property of the Parry 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 keep the trailer washed, when necessary, in accordance with its normal carrier practices. 6. IN the event of damage to the said trailer and consequent damage to the signs, insignia and designs, Preston Transport Limited shall be responsible at its own expense for the repair of the body of the trailer and the Corporation of the Town of 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 Parry of the First Part shall not be obligated to carry any insurance for the protection of such advertising material, signs, insignia or designs. . 2 _ 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. PRESTON TRANSPORT LIMITED TITLE: CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK