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Independent Contractor Agreement

This Agreement is entered into as of the 1st day of December 2009, between
Seymour Village Management Incorporated (“the Company”) and Jeff’s Decks
Incorporated (“the Contractor”).

WITNESS THEREFORE that in consideration of the sum of Ten ($10.00) Dollars


now paid by each party to the other (the receipt and sufficiency whereof is by
each hereby acknowledged) and in consideration of the mutual promises
contained herein, the parties agree, one with the other, as follows:

1. Independent Contractor. Subject to the terms and conditions of this


Agreement, the Company hereby engages the Contractor as an independent
contractor to perform the services set forth herein, and the Contractor hereby
accepts such engagement.

2. Duties, Term and Compensation. The Contractor’s duties, term of


engagement, compensation and provisions for payment thereof shall be set
forth in the estimate previously provided to the Company by the Contractor
and which is attached as Schedule A and Schedule B.

3. Expenses. During the term of this Agreement, the Contractor shall bill and
the Company shall reimburse him for all reasonable and approved out-of-
pocket expenses which are incurred in connection with the performance of
the duties hereunder. Notwithstanding the foregoing, expenses for the time
spent by the Contractor in traveling to and from Company facilities shall not
be reimbursable.

4. Confidentiality. The Contractor acknowledges that during the engagement


he will have access to and become acquainted with processes, information,
records, and specifications owned by the Company and/or used by the
Company in connection with the operation of its business including, without
limitation, the Company’s business processes, methods, owner lists, accounts
and procedures. The Contractor agrees that he will not disclose any of the
aforesaid, directly or indirectly, or use any of them in any manner, either
during the term of this Agreement, or at any time thereafter, except as
required in the course of this engagement with the Company. All files, written
or electronic, records, documents, blueprints, specifications, information,
letters, notes, notebooks and similar items relating to the business of the
Company, whether prepared by the Contractor or otherwise coming into his
possession, shall remain the exclusive property of the Company. The
Contractor shall not retain any copies of the foregoing without the Company’s
prior written permission. Upon the expiration or earlier termination of this
Agreement, or whenever requested by the Company, the Contractor shall
immediately deliver to the Company all such files, written or electronic,
records, documents, blueprints, specifications, information, letters, notes and
notebooks and other items in his possession or under his control. The
Contractor further agrees that he will not disclose his retention as an
independent contractor or the terms of this Agreement to any person without
the prior written consent of the Company and shall at all times preserve the
confidential nature of his relationship to the Company and of the services
hereunder.

5. Conflicts of Interest; Non-hire Provision. The Contractor represents that


he is free to enter into this Agreement and that this engagement does not
violate the terms of any agreement between the Contractor and any third
party. During the term of this Agreement, the Contractor shall devote his
productive time, energy and abilities to the performance of his duties
hereunder as is necessary to perform the required duties in a timely and
productive manner. For a period of 6 months following termination, the
Contractor shall not directly or indirectly, hire, solicit or encourage to leave the
Company’s employment, any contractor of the Company for a period of up to
one year.

6. Right to Injunction. The parties hereto acknowledge that the services to be


rendered by the Contractor under this Agreement and the rights and
privileges granted to the Company under this Agreement are of a special,
unique, unusual, and extraordinary character which gives them a peculiar
value, the loss of which cannot be reasonably or adequately compensated by
damages in any action of law, and the breach by the Contractor of any of the
provisions of this Agreement will cause the Company irreparable injury and
damage. The Contractor expressly agrees that the Company shall be entitled
to injunctive and other equitable relief in the event of, or to prevent, a breach
of any provision of this Agreement by the Contractor. Resort to such
equitable relief, however, shall not be construed to be a waiver of any other
rights or remedies that the Company may have for damages or otherwise.
The various rights and remedies of the Company under this Agreement or
otherwise shall be construed to be cumulative, and no one of them shall be
exclusive of any other or of any right or remedy allowed by law.

7. Termination. The Company may terminate this Agreement at any time by 10


working days’ written notice to the Contractor. In addition, if the Contactor is
convicted of any crime or offense, fails or refuses to comply with Schedule A
and Schedule B or reasonable directive of the Company, is guilty of serious
misconduct in connection with performance hereunder, or materially breaches
provisions of this Agreement, the Company at any time may terminate the
engagement of the Contractor immediately and without prior written notice to
the Contractor.

8. Independent Contractor. This Agreement shall not render the Contractor an


employee, partner, agent of, or joint venturer with the Company for any
purpose. The Contractor is and will remain an independent contractor in his
relationship to the Company. The Company shall not be responsible for
withholding taxes with respect to the Contractor’s compensation hereunder.
The Contractor shall have no claim against the Company hereunder or
otherwise for vacation pay, sick leave, retirement benefits, worker’s
compensation, health or disability benefits, unemployment insurance benefits,
or employee benefits of any kind.

9. Insurance. The Contractor will carry liability insurance relative to any service
that he performs for the Company.

10. Successors and Assigns. All of the provisions of this Agreement shall be
binding upon and inure to the benefit of the parties hereto and their respective
heirs, if any, successors, and assigns.

11. Choice of Law. The laws of the province of British Columbia shall govern the
validity of this agreement, the construction of its terms and the interpretation
of the rights and duties of the parties hereto.

12. Headings. Section headings are not to be considered a part of this


Agreement and are not intended to be a full and accurate description of the
contents hereof.

13. Waiver. Waiver by one party hereto of breach of any provision of this
Agreement by the other shall not operate or be construed as a continuing
waiver.

14. Assignment. The Contractor shall not assign any of his rights under this
Agreement, or delegate the performance of any of his duties hereunder,
without the prior written consent of the Company.

15. Notices. Any and all notices, demands, or other communications required or
desired to be given hereunder by any party shall be in writing and shall be
validly given or made to another party if personally served, couriered, or if
deposited in Canadian mail, certified or registered, postage prepaid, return
receipt requested. If such notice or demand is served personally, notice shall
be deemed constructively made at the time of such personal service. If such
notice, demand or other communication is given by mail such notice shall be
conclusively deemed given five days after deposit thereof in Canadian mail
addressed to the party to whom such notice, demand or other communication
is to be given as follows:

If to the Contractor:
Jeff Lunn
c/o Jeff’s Decks Incorporated
1055 Brooksbank Avenue
North Vancouver, British Columbia V7L 4H8
If to the Company:
Leslie Keenan
c/o Seymour Village Management Incorporated
#32 – 944 Lytton Street
North Vancouver, British Columbia V7H 2A5

Any party hereto may change its address for purposes of this paragraph by
written notice given in the manner provided above.

16. Modification or Amendment. No amendment, change, or modification of


this Agreement shall be valid unless in writing signed by the parties hereto.

17. Entire Understanding. This document and any Schedules attached


constitute the entire understanding and agreement of the parties, and any and
all prior agreements, understandings, and representations are hereby
terminated and canceled in their entirety and are of no further force and
effect.

18. Unenforceability of Provisions. If any provision of this Agreement, or any


portion thereof, is held to be invalid and unenforceable, then the remainder of
this Agreement shall nevertheless remain in full force and effect.

IN WITNESS THEREOF the undersigned have executed this Agreement as of


the day and year first written above. The parties hereto agree that facsimile
signatures shall be as effective as if originals.

Seymour Village Management Incorporated

By: _____________________
Leslie Keenan

Its: Vice President

Jeff’s Decks Incorporated

By: _____________________
Jeff Lunn

Its: _____________________
Title or Position
SCHEDULE A

DUTIES, TERM AND COMPENSATION

DUTIES: The Contractor will provide services and duties as outlined in Schedule
B. He will report directly to Seymour Village Management Incorporated (“the
Company”) and to any other party designated by the Company in connection with
the performance of the duties under this Agreement and shall fulfill any other
duties reasonably requested by the Company and agreed to by the Contractor.

TERM: This engagement shall commence upon execution of this Agreement


and shall continue in full force through February 28, 2010. The Agreement may
only be extended thereafter by mutual written agreement, unless terminated
earlier by operation of and in accordance with his Agreement.

COMPENSATION: As full compensation for the services rendered pursuant to


this Agreement, the Company shall pay the Contractor at a rate equivalent to
$12, 000.00 for the three month period, based on a base rate of $10,800.00 and
a lump sum payment at the end of the contract equivalent to $1,200.00.
SCHEDULE B

DUTIES

Seymour Estates is 114 unit housing complex with above ground cover parking
and large grounds.

Job Title: Caretaker for Residential Complex - cleaning,


maintenance, administration and minor repairs
Location: North Vancouver
Start Date: December 1, 2009
Hours of Work: Monday to Friday
08.00 am – 4.30 pm
½ hour lunch and 2 x 15 minute tea breaks
Other Requirements: Own Transport
BC Class 5 driver’s license
Compensation for use of own vehicle for company
business refunded in accordance with CRA guidelines
(currently 0.52 cents per km). Completion of monthly
vehicle mileage sheet (attached) is required prior to
compensation.
Computer literacy (email, provide property status
updates)

General Cleaning
• Pick up and disposal of garbage on the property (as necessary) and clean
around waste and recycling bins (daily).
• Inspect locker storage areas and service rooms (weekly) and sweep, clean
and remove any debris (as necessary).
• Power-wash all walkways and entrances (annually).
• Replace light bulbs (as necessary).
• Clean mail room/s (daily).

Extensive Cleaning
• Blow carports (as necessary). Brush carport roofs as needed.
• Inspect boiler rooms (twice weekly).

Other Duties
• General daily walkthrough the complex to observe anything in need of
action/follow up.
• Respond to resident enquiries within 24 hours or on an immediate basis if
needed. Log calls/emails to/from residents with issue discussed and action
taken. (Can be done with telephone call book or email file system)
• Deal with enquiries from residents (as necessary).
• Main contact person for contractors (as necessary) with periodic observations
of their work progress. Provide access to outside contractors if needed.
Report to Property Manager with any concerns about quality of work.
• Remove snow from walkways and stairwells (as necessary).
• Salting of walkways, stairwells and driveway (as necessary). Leave supply of
salt beneath stairwells for resident use when needed.
• Check boiler safety and oil circulation pumps (bi-annually). Check chemicals
in heating boiler.
• Clean heat exchanges and burners when needed (approximately every
alternate year).
• Conduct and record results from monthly fire alarm tests.
• Maintain/repair all equipment (garden tools) seeking outside repair if needed.
• Touch up of paint (as necessary). Provide paint to residents if requested.
• Projects as directed by Council.
• General repairs and maintenance.
• Complete any repairs as instructed by Council.
• Check stairs and railings.
• Parking lot roadway painting.
• Report any problems observed to Dodwell, e.g., problems with general state
of complex.

Emergencies
• Respond to emergencies as required via the Dodwell emergency line.
• Provide assistance to fire inspectors during the annual fire inspections.

Administration
• Look to Property Manager for guidance (Council may be able to assist).
• Possibly attendance at Council Meeting.
• Weekly written report to Property Manager.
• Distribute notices to residents if needed.
• Respond to emails within 24 hours or more immediately if needed.
• Ensure general notice board in mail room/s is locked and that only current
notices are displayed.

Landscaping
• Weekly and/or as needed mowing of lawns from March to October.
• Weed-eating as required.
• Sweep and blow glass clippings off walkways and/or parking lot areas.
• Remove dead leaves from walkways, parking areas and lawns during the fall
season and as necessary during the growing season.
• Remove clippings and debris from the premises.
• Fertilize the lawns twice per year.
• Aerate and lime lawns as required.
• Pruning.

Swimming Pool
• Clean and open pool locking mechanism each morning (Monday to Friday).
• Test and log pool chemical levels and temperature once daily (Monday to
Friday).
• Clean filters every 3 – 6 months, backwash weekly and maintain/repair pool
equipment. Take for outside repair as needed.
• Vacuum the pool daily (Monday to Friday).

Snow Clearing
• Driveways

Extensive Cleaning
• Clean gutters and remove moss off building and garage roof tops (bi-
annually)
• Clean sumps (as necessary).

Currently contracted out:

Cleaning
• Clean all laundry rooms (sweep, mop and clean entire area).
• Vacuum all common areas in buildings and clean glass doors in building
#904.
• Wash windows (bi-monthly), including lower breezeway windows and larger
windows in 904 building. .
• Clean breezeways.
Vehicle Mileage Log

For the Month of: __________________

DATE ODOMETER READING TOTAL KM PURPOSE/DESCRIPTION LESS ANY TOTAL


Beginning Ending TRAVELLED PERSONAL KM
KM USE
DATE ODOMETER READING TOTAL KM PURPOSE/DESCRIPTION LESS ANY TOTAL
TRAVELLED PERSONAL KM
Beginning Ending
KM USE

Total Business KM: __________

*Submit form monthly for reimbursement

For office use only

Total Business KM ________ X 0.52 cents/km = _________

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