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Home My WebLink About02 159 agree trackless e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT BY-LAW NO. 2002 -159 A BY-LAW TO AUTHORIZE THE SIGNING OF A RENTAL, WITH OPTION TO PURCHASE, AGREEMENT FOR A TRACKLESS MT5110 HP TRACTOR AND 60 INCH SNOW BLOWER (Work Equipment Ltd.) WHEREAS the Council for The Municipality of Kincardine deems it advisable to enter into a Rental. with an Option to Purchase, Agreement with Work Equipment Ltd. for a Trackless MT5 110 HP Tractor and a 60 inch Snow Blower; AND WHEREAS this Rental Agreement provides for rental payments of $2,750.00 plus taxes per month for five months with full rental compensation towards the purchase price of $84,615.00 plus taxes, more particularly outlined in the Agreement attached to this by- law as Schedule "A"; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Corporation of the Municipality of Kincardine enter into a Rental Agreement with an Option to Purchase with Work Equipment Ltd. for a Trackless MT5 110 HP Tractor and 60 inch Snow Blower at a rental rate of $2.750.00 monthly, plus taxes, for five months, with an option to purchase with full rental compensation at the end of that term applied to the purchase price of $84.615.00 plus taxes as outlined in the agreement. 2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the Rental, Option to Purchase Agreement with Work Equipment Limited attached to this by-law as Schedule "A" and to affix the corporate seal as and when required. 3. This By-law shall come into full force and effect upon its final passage. 4. This By-law may be cited as the "Trackless/Snow Blower Rental. Option to Purchase Agreement. By-law". READ a FIRST, SECOND and THIRD TIME and DEEMED TO BE PASSED this 6lhday of November, 2002. ~! - , Work Equipment Ltd. I I T.I.: (519)688·0370 F~:(S19)e88.a844 MUNICIPAL EaUIPMENT SALES AND SERVICE P.O. BOX244 55 THUNDERBIRD DRIVE COURTLAND, ON CANADA NOJ1EO - Municipality of Kincardine has agreed to rent, for five months, with full rental compensation at the end of the term, the following equipment from Work Equipment Ltd. and agrees to follow the terms and conditions as set forth in this contract. I - MT5 Tractors 1- 60" Snowblower Serial No. MT5TD-2159 Serial No. B360-1790 Terms: Billing period: . Rental period: Monthly Start Date: December 1, 2002 Finish Date: April 30, 2003 Rental fee: $2,750.00 Per: Month plus applicable taxes. Principal Purchase price of unit at th~.o~the tenn is $84,615.00 + taxes ~ ß'lÍn. ''''{ :5).^ 0 D WORK EQUIPMENT LTD. GENERAL RENTAL CONDITIONS . 1. THE RENTAL PERIOD: The rental period shall commence on and include the day of actual delivery of the equipment to the Lessee or the Lessee's agent, including any public carrier taking same for transit to the Lessee. The rental period shall end on and include the day of actual delivery of the equipment to the Lessor, including any public carrier taking same for transit to the Lessor. The Lessee is responsible for the equipment until it has been returned to the Lessor's yard. , · 3. .; "'"t.~ ¡2. PAYMENT: The Rentals due under this Lease shall be paid monthly, weekly or , ¡ daily (as the case may be) in advance to the office of the Lessor. The rental for the rental period is payable before delivery of the equipment to the Lessee. INSPECTION: Before the equipment is delivered to the Lessee, the Lessee may inspect the equipment for good running condition. If the Lessee does not inspect the equipment before it is delivered, then the Lessee is conclusively deemed to have accepted that the equipment is in good condition and running order, without broken or worn out parts, and in clean and unmarred condition. 4. MAINTENANCE, OPERATIONS AND REPAIRS: The Lessee shall not remove, alter, disfigure or cover up any lettering or insignia displayed upon the equipment. The Lessee shall also ensure that the equipment is not subjected to careless or needlessly rough usage, and shall, at the Lessee's own expense, maintain and ultimately return to the Lessor the Equipment in good repair and running order. Without limiting the generality of the foregoing, the Lessee shall, at the Lessee's own expense and during the term of this lease, pay the cost of: (a) all fuel, labour, and lubricants required to operate the equipment; (b) all repairs required to be made to the equipment in order to keep it in good repair and running order; and (c) replacing broken or worn out parts. In addition, the maintenance of tires and tubes on all equipment so equipped is the responsibility of the Lessee. Repairs to and or replacement of tires and tubes will be charged to the Lessee. Noallowance will be made for any downtime or inconvenience caused to the Lessee by failure of any tires, tubes, wheels and/or associated equipment. . 5. DAMAGE TO EQUIPMENT: The Lessee shall indemnify and hold harmless the Lessor against all loss and damage to the equipment during the rental period and the appraisal for any such loss or damage shall be based on the replacement cost of equipment without deduction for depreciation. The Lessee will provide the Lessor with a certificate of insurance covering the replacement cost of the equipment without deduction for depreciation that shall be kept in effect from the time the equipment is shipped by the Lessor until it is returned to the Lessor. The Lessee ... will be liable for all resulting loss or damage to the equipment and expense of the Lessor, to the extent it: (i) results from the gross negligence of the Lessee which includes, but is not limited to, the use or operation of the equipment in a reckless or abusive manner, or intentional damage to the equipment by the Lessee or by Lessee's permission, or (ii) occurs under any of the following circumstances: . . .f . #Ji. ,~ A. All loss or damage associated with vandalism, malicious mischief, theft or conversion of the equipment, not documented by Lessee's prompt filing with the applicable public authorities (with an immediate written copy to the Lessor). B. All loss or damage associated with equipment being overloaded, operated above rated capacity, roll over or if operating instructions are not followed. C. Use of the Equipment by an unqualified operator. D. Failure of the Lessee to perform necessary equipment maintenance as outlined in paragraph 4. E. Lessee's failure to properly secure the equipment by, among other things, leaving keys readily available to any unauthorized operator or not reasonable restricting access to the equipment. . 6. LIABILITY OF LESSEE: The Lessee shall indemnify and hold harmless the Lessor against all loss, expenses, penalties, damages, condemnations and legal costs which the Lessor may suffer or may be required or condemned to pay for personal injuries (including death) and/or property damages, agents or carriers. The Lessee shall remain responsible for the equipment until it has been returned to the Lessor. The Lessee shall maintain at the Lessee's own expense, public liability and all risk property insurance in adequate amounts to fully cover this indemnity. The Lessee hereby renounces all claims which he (it) may have against the Lessor for any loss or damage which he (it) may suffer, either directly or indirectly, by reason of the condition of the equipment or its suitability for the work it may be require to perform. ·7. TITLE: Title to the equipment shall at all times be and remain vested in the Lessor and nothing contained in this Lease shall be deemed to have the effect or conferring upon the Lessee any right or title whatsoever in or to the equipemnt, other than that of lessee. The Lessee shall give the Lessor immediate notice in case any of the equipment is levied upon or from any cause becomes liable to seizure. . 8. TERMINATION OF LEASE: Should the Lessee fail to make any payment for more than thirty (30) days after it becomes due, become bankrupt, or fail to maintain and operate or to return the equipment as provided in this Lease, or violate any other provision hereof: the Lessor may terminate this lease, re-take possession of the equipment without becoming liable for trespass, and recover all rentals due, full damages for any injury to and all expenses incurred in obtaining the return of the equipment. ",,",.~. :t ~ -~ ;0 9. SUBLETTING: None of the equipment shall be sublet by the Lessee, nor shall he (it) assign or transfer any interest in this Lease without the previous written consent of the Lessor. . 10. SUBROGATION: In the event of any loss or damage to the equipment, Lessor will have the right of subrogation with respect to any right of the Lessee to recover against any person, firm or corporation. Lessee will execute and deliver whatever instruments and papers are required and do whatever else is necessary to secùre such rights. Lessee will co operate fully with Lessor and or its insurer(s) in the prosecution of those rights and will neither take or permit nor suffer any action to prejudice Lessor's rights with respect thereto. 11. WARRANTIES: Lessor makes no warranties, either express or implied, as to any matter whatsoever, including, without limitation, the condition of the equipment, it's merchantability or fitness for a particular purpose, or that it is suited for the Lessee's intended use. . COMPANY NAME Municipality of Kincardine ADDRESS: 1475 Concession, R.R.5 Kincardine, Ontario N2Z 2X6 TELEPHONE: 519-396-3468 FAX: 519-396-1430 DATE: November 1, 2002 NAME: John deRosenroll Please Print Chief Administrative Officer AUTHORIZED SIGNATURE: *v;:emer . .à "^ ·~A cer . turchase Order Number if applica .. ~ .. - / --::.. . ~. -:.... .::~ _~T , . , , , ~ , , , . - - , --- ......, - - _. ,- . . , ~! , . WORK EQUIPMENT L TD GENERAL RENTAL CONDITIONS Trackless/Snow Blower Rental, Option to Purchase Agreement (By-Law No. 2002-159) That the Corporation of the Municipality of Kincardine enter into a Rental Agreement with an Option to Purchase with Work Equipment Ltd. for a Trackless MT5 110 HP Tractor and 60 inch Snow Blower at a rental rate of $2,750.00 monthly, plus taxes, for five months, with an option to purchase with full rental compensation at the end of that term applied to the purchase price of $84,615.00 plus taxes as outlined in the agreement. . Signed by: Signed by: '- .,::, Signed by: .. ~fç. ",i.CE1VED <::>~ '::1 1'\\\)'1. D'é-C - ~ ' 2; 4< ~ "*;, ~<; c/PALIH ~,'\: