CAPÍTULO III – ANALISIS DEL TEMA
5. Proyecto
5.12. Memoria descriptiva arquitectónica:
2. The value in 2006 of the Capital Transfer referred to in clause 1 is approximately $13.9 million.
NEGOTIATION LOAN REPAYMENT
3. Subject to clause 5, Tsawwassen First Nation will make negotiation loan repayments to Canada in accordance with the Negotiation Loan Repayment Plan in Schedule 2.
4. Canada may set off and deduct from a payment made under clause 1, the amount of a negotiation loan repayment to be made under clause 3 on the same date, except to the extent that the negotiation loan repayment amount has been prepaid in accordance with clause 5.
PREPAYMENTS
5. In addition to any negotiation loan repayment amount required under clause 3, Tsawwassen First Nation may make loan prepayments to Canada. All prepayments will be applied to the outstanding scheduled negotiation loan
repayment amounts in consecutive order from the Effective Date.
Tsawwassen First Nation will notify Canada in writing of a prepayment at least 30 days before the date of that prepayment.
6. The “n” anniversary for which a prepayment is to be applied will be the earliest anniversary for which a scheduled negotiation loan repayment amount, or a portion thereof, remains outstanding. Any loan prepayment applied to an outstanding negotiation loan repayment amount, or to a portion thereof, will be credited at its future value, as of the “n” anniversary, determined in accordance with the following formula:
Future Value = Prepayment * (1+C)K * (1+C*H/365) where,
“/” means divided by; “*” means multiplied by;
“K” is the number of complete years between the date of the prepayment and the “n” anniversary;
“H” is one plus the number of days remaining in the period between the date of the prepayment and the “n” anniversary, once the number of complete years referred to in “K” above has been deducted, and “C” is 4.545 per cent per year.
7. If the future value of the prepayment exceeds the outstanding amount of the negotiation loan repayment amount scheduled for the “n” anniversary, the excess will be deemed to be a prepayment made on the “n” anniversary so that the future value of the excess will be applied as of the next anniversary in a manner analogous to that described in this clause.
8. On receipt of a prepayment, Canada will issue a letter to Tsawwassen First Nation setting out the amount of the prepayment received and the manner in which it will be applied.
SCHEDULE 1 CAPITAL TRANSFER PAYMENT PLAN Part 1
PAYMENT DATE PROVISIONAL PAYMENT AMOUNT
Effective Date $3,404,489
First anniversary of Effective Date $1,000,000
Second anniversary of Effective Date $1,000,000
Third anniversary of Effective Date $1,000,000
Fourth anniversary of Effective Date $1,000,000
Fifth anniversary of Effective Date $1,000,000
Sixth anniversary of Effective Date $1,000,000
Seventh anniversary of Effective Date $1,000,000
Eighth anniversary of Effective Date $1,000,000
Ninth anniversary of Effective Date $1,000,000
Part 2
FUND PAYMENT DATE PROVISIONAL
PAYMENT AMOUNT Economic Development
Capital Fund
Effective Date $1,055,304
Forest Resources Fund Effective Date $105,530
Commercial Fish Fund Effective Date $1,155,304
Commercial Crab Fund Effective Date $450,000
Wildlife Fund Effective Date $50,000
Reconciliation Fund Effective Date $440,000
NOTES FOR FINALIZING SCHEDULE 1
These notes will not form part of this Agreement. The purpose of these notes is to enable the Parties to calculate on the Revision Date the amounts to be shown in the final version of this Schedule. The Provisional Payment Amounts are expressed in second quarter 2006 dollars.
These instructions will be deleted, and will no longer form part of this Agreement, when this Schedule is completed in accordance with these instructions and the Effective Date occurs.
1. In these notes:
“FDDIPI” means the Final Domestic Demand Implicit Price Index for Canada, series D100466, published regularly by Statistics Canada in Matrix 10512:
Implicit Price Indexes, Gross Domestic Product, or its replacement series as specified by Statistics Canada;
“Revision Date” means the date 30 days before the Effective Date, or another date if the Parties agree;
“Signing Date” means the date on which this Agreement is signed by the Parties;
“Transition Date” is the date that is 15 months after the Signing Date.
2. If the period between the Signing Date and the Effective Date is less than 15 months, on the Revision Date each provisional payment amount in the Capital Transfer Payment Plan will be adjusted as follows:
provisional payment amount * M/L where,
“/” means divided by; “*” means multiplied by;
“L” is the value of FDDIPI for the first quarter of 2006 published by Statistics Canada at the same time that the values used in M are published; and “M” is the first published value of FDDIPI for the latest calendar quarter for which Statistics Canada has published a FDDIPI before the Revision Date. 3. If the period between the Signing Date and the Effective Date is greater
than 15 months, on the Revision Date each provisional payment amount in the Capital Transfer Payment Plan will be adjusted as follows:
provisional payment amount * [(P/Q) * (1 + CR)Y * (1+CR*D/365)] where:
“Q” is the value of FDDIPI for the first quarter of 2006 published by
Statistics Canada at the same time that the values used in P are published; “P” is the first published value of FDDIPI for the latest calendar quarter for which Statistics Canada has published a FDDIPI before the Transition Date; “Y” means the number of complete years between the Transition Date and the Effective Date;
“D” is the number of days remaining in the period between the Transition Date and the Effective Date, after deducting the complete years in that
“CR” is 4.545 per cent.
The purpose of applying clause 3 is to limit the period for which the Capital Transfer is adjusted by FDDIPI to the period that ends on the date that is 15 months after the Signing Date, and to lengthen the period for which the Capital Transfer is adjusted by the calculation rate to the period between the date that is 15 months after the Signing Date and the Effective Date. 4. On the Revision Date, following the adjustment performed in accordance
with either clause 2 or 3 of these notes, the Capital Transfer Payment Plan will be amended to incorporate the adjusted figures and the headings in the Capital Transfer Payment Plan above will be replaced by the following headings:
Part 1
PAYMENT AMOUNT
PAYMENT DATE CANADA WILL PAY
Part 2
FUND PAYMENT DATE PAYMENT AMOUNT
SCHEDULE 2 NEGOTIATION LOAN REPAYMENT PLAN