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On October 25, 2000 , the Metropolitan District of Quito, by Resolution 114, established the Airport and Free Zone Corporation of Quito Metropolitan District (CO The August 21, 2002 the Ecuadorian company created "ADC AND MANAGEMENT HAS ECUADOR SA", by writing Notary Public of the Thirty-Second, with a capital of $ 200, of which Dr. Sandra Reed Serrano brings the sum of $ 199.75 and Mr. Bruno Mauricio Pineda Lamb remaining 25 cents (Exhibit No. 21) ;
& amp; nbsp;
On September 16, 2002 celebrates the "Concession Agreement" between the "Airport and Free Zone Corporation, the Metropolitan District of Quito" and the foreign corporation "Canadian Commercial Corporation, by Deed of the Thirty-Seventh Notary Quito Canton (Exhibit No. 6);
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On September 16, 2002
, celebrates the "Novation Agreement" between the "CORPAQ", the "CANADIAN COMMERCIAL CORPOR
MLXC CCC:
or
facilitates the acquisition of Canadian products and services of high quality;
or
During
purchases can act as procurement agent, in which case the agent says the Canadian government that contracts are respected. (See Annex N ° 10)
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- The "CANADIAN COMMERCIAL Corporatioled to the signing of the Concession Agreement with CCC and knew exactly the scope of the CCC, foresaw the immediate execution of a Novation Agreement with the Ecuadorian company "Corporación SA QUIPORT" under his control, as indeed happened;
Among the documents of the Concession Agreement signed on 16 September included the entry in the Commercial Register of the Canton of Quito of the "Resolution 02.Q.IJ THREE THOUSAND TWO HUNDRED EIGHTY-DOS; The Concession Agreement difference between the Subscription Date and Effective Date, defining the second in clause .- Two Definitions, as "the date on which all conditions contains the clause 4.2 have been satisfied or waived by both parties, as appropriate ";
Clause Four Point Two of the Concession Agreement, for its part, states: "The exercise of the rights and obligations of the Parties under this Concession Agreement shall be subject to the following", and then went on to detail from the Cuatro Four point one to point two point thirty-five, the conditions to be met before it is effected in the Concession Agreement. The sine qua non for the effectuation of the Concession Agreement could not be met in the short time that elapsed between the Concession and Novation, since the two contracts were signed on the same September 16, 2002, as CCC was unable to effectuate the Concession Agreement, and therefore, could not assume the rights and obligations which aims to transfer through Novation contract, contract clearly not appropriate. ;
& am; Nbsp;The Novation Agreement defines two dates: Date of Signature and Effective Date, the second of which states in paragraph 2 , page 3 of contract: "The rights and obligations of the Parties under this Agreement will be effective from the date on which each of the conditions contained below has been fulfilled to the satisfaction of the Party or Parties for whose benefit is required such a condition, or has been waived by such party or parties (the date hereinafter referred to as "Novation Date." Consequently, if these conditions are not met or waiver thereof, the rights and obligations of Parties are not effectiveviza. Among the conditions to be met for the Novation Contract is effected, on- Numeral Two point Two, section C, states: "The issuance of a legal opinion (from) advisor (s), legal (s) acceptable to QUIPORT CORPAQ and CCC in form and substance and to confirm, among other things "going to be detailed in subparagraph c of paragraph two paragraph two, the following instruments:" (c) the Novation Agreement, the Master Agreement of Assignment and Consent, the Deposit Agreement, the Security Agreement, the Independent Engineer Agreement, the AgreementOperation and Maintenance Agreement and the Directorate of Civil Aviation (DAC) have been duly authorized, executed and delivered to the company QUIPORT. "
A date has not been signed, for example, the DAC Agreement, so to and consistent with the provisions of the immediately preceding paragraphs, the Novation Agreement should not have been made effective. But this, as is publicly known, "QUIPORT SA Consortium" has assumed all duties that do not belong, violating the terms of the contract of Novation,
&; Nbsp; The documentation enabling the Novation Agreement, does not include any document which expressly contains the authorization, in accordance with paragraph 2 of the power granted by CCC to Dr. Sandra Reed Serrano, should give Mr. Douglas Patriquin in his capacity as President of "Canadian Commercial Corporation;
Four Point One point one point of the Novation Agreement states: "CORPAQ CCC releases its obligations, duties and responsibilities under the Concession Agreement to CORPAQ and CORPAQ accepts that he has no right coNTRA CCC under the concession contract "absolutely inexplicable and unacceptable situation when you include an effective date, as it determines that, while not made effective Novation Agreement, there is a lack of protection of the interests of CORPAQ of Metropolitan District of Quito and the country. ;'s illegalities process
Re spect to the "Concession" The power given to Dr. Sandra Reed Serrano (Annex N º 11) in its first paragraph states that gives "a general power in favor of Dr. Sandra S. Redd, of the firm, Perez Bustamante & Ponce, who lives in Quito, Ecuador is as General President, real and true, the Corporation the Republic of Ecuador, and
conferring the necessary powers to proceed with the registration of the branchin order to fulfill the obligations of the Corporation in accordance with contracts to be agreed with the Corincorporation Airport Free Zone and the Metropolitan District of Quito in relation to the Quito International Airport and perform the following acts on behalf of the Corporation in the Republic of Ecuador "(bold added), text that is inferred to be granted powers to the registration of the branch and acts specifically set forth below. Accordingly Dr. Reed Serrano only had the powers to register the branch, while for other events should adhere to the above in sections 1.2 and 3 hereafter. &; Nbsp;
The power given to Dr. Sandra Reed Serrano (Annex N º 11), explicitly provides in paragraph 2: "to Perform all Acts and Legal Affairs in Ecuador, as May Be Delegated to her from time to time by me and upon Such Terms and Conditions as May Be Determined by me, with Sufficient Powers, Specially the abbility to reply to all Demands and futfill Contracted legal obligations ", in the strict text translation reads:" To perform all legal acts and business in Ecuador, which could delegate periodically on the terms and conditions that I established with sufficient powers spicegiven to sign the Concession Agreement .. Consequently signing the contract, not being authorized by CCC, nulita the Contract; It notes the existence of false testimony about an alleged Special Branch probate granted by the CCC, on the basis of which the Superintendent Acting Company authorized the establishment of the branch in Ecuador of the foreign corporation "CANADIAN COMMERCIAL CORPORATION", since if the day September 13, 2002and logs requested the Special Branch, are not true the evidence they claimed on September 11, 2002 that Special Branch had already protocols (see Section 5.2). Consequently, as the approval of Acting Superintendent of Companies for an illegal product, all acts done on behalf of the CCC are illegal. It is untenable to any argument asserting that the decision of the Superintendent be even when it is clear that such a decision was made with false testimony. On the contrary, all that is left is the annulment of the resolution.
& nbsp; respect to the Company "Corporation QUIPORT SA
Both Mr. Michael Huang with Canadian passport No. P-CAN-BC 184367, and Mr. Stevn Neil Nacka, South African citizen with passport No. PPSAF, 419,022 entered the country on tourist visas, so and therefore could not develop any trade or labor Ecuadorian territory (Annex N º 12); ; According to the report of Dr. Jorge Leon Alban, National Director of Human Resources and Employment (E) of the Ministry of Labour and Human Resources, both Mr. Michael Huang with Canadian passport No. P-CAN-BC 184367, and Mr. Stevn Neil Nacka, South African citizen with passport No. PPSAF-419 022, were not registered to obtain work permit or Employment Identification (Annex N º 13), so that were legally ineligible to perform any work in the Ecuadorian territory;
CHTRent representation. Consequently, over the lack of a legally valid delegation could not sign a contract expired passport, so it also nullifies his performance and illegality. In this regard it is worth pointing that according to the Migration Act, Chapter IV PARAL STANDARDS EXCLUSION OF FOREIGN Article 9 provides that aliens are ineligible for visa, among others, those who, according to article II: "That lack of passport with minimum period is six months, issued by authority of the place of origin or residence, or other special travel certificate, recognized by international conventions for Ecuador, and the relevant and valid visa issued by a foreign service officer equatorialNovation Contract, thereby determining the invalidity, unlawfulness of the proceeding. Technical Notes
the Quito airport project
content Memorandum No. 048-AK- K2-0-003 of April 21, 2003 (Annex N º 16) indicates that this date (July 21, 2003), but there is a pre-feasibility study, so it is impossible to quantify the value total investment, but of which the Investment Agreement establishing an investment value of $ 500 million, much higher than that declared by Mr. Diego Pachenen even unrelated to the process. 5 .-
characters
PacheleDiego Sevilla - Citizen Ecuador bearer of identity card No. 170240880-6. - At December 21, 2000, when he was appointed Executive Director CORPAQ, conflicts of interest remained determined the initiation of criminal proceedings for fraud (Annex N º 17 and 18). Responsibility demonstrated irrefutably, for examI, Dr. Gregory Lee Hail (Prosecutor of Pichincha) requested, by letter No. 562-02-UDM-GL, 12 April 2002, the Fourth Criminal Court of Pichincha ordered preventive detention .. The process as stated in Annex No. 17, concluded in April 2002 when Mr. Pachele, and sworn in as Executive Director CORPAQ canceled the liabilities;
-The Board of the EAC Customs Corporation, through resolution No. 18-2000-R2, considering: "That through trade CAE-GG-2741 of 11 October 200, the General Manager requested to initiate removal proceedings against the Regional Assistant, Mr. Diego Pachele Sevilla to amStop the provisions of art. 112 literal a) of the Customs Law; That meeting of October 11, 2000, the Board of the Corporation knows this request and unanimously gives rise to the request made by General Manager Mr. initiating the removal process the Regional Deputy pursuant to the provisions of art. 173 and following of the General Regulations of the Customs Law published in Official Gazette 158 of 17 September 2000; That the terms and deceased having received the exculpatory evidence by the Regional Deputy thus fulfilling the procedure outlined in article . General Regulation 174 of the Customs Law, the process is in phase resolution; That has made exhaustive analysisthe specified mistakes before, he was appointed Executive Director CORPAQ. Serrano Sandra Reed
- ; Ecuadorian Citizen bearer of identity card No. 080100008-3 - Management
faster process to be designated representative of a foreign company (CCC ), address, register, obtaining a concession contract and that contract novation. Indeed, in the span of 6 dayssp;On Friday September 13, 2002 , Dr. Raul Gaybor Secaira, Commercial Registrar of the Canton Quito, records the establishment of the branch in Ecuador of the foreign corporation "CANADIAN COMMERCIAL CORPORATION" or
On Monday September 16, 2002 subscribes to the Concession Agreement with the CORPAQ; or
On Monday September 16, 2002 grants on behalf of "CANADIAN COMMERCIAL CORPORATION, a deed with a Partial Delegation of Power toay patron "ADC & HAS MANAGEMENT ECUADOR SA (Annex N º 20) -
majority shareholder of the company" ADC & HAS MANAGEMENT ECUADOR SA "(Annex N º 21)- Representative" AECON CONSTRUCTION GROUP INC (Annex N º 22); -
Deputy Director of Banco Popular, from January 30, 1992 until July 1, 1999, when he resigned to these functions (Annex N º 23); & nbsp; Adrew Robert Harley - ; A Canadian national, holder of passport No. SC 024 653, which runs until April 23, 2001, which nevertheless supports the Concession Agreement signed between the CCC CORPAQ and the September 16, 2002; - ;
Designated Representative of the Canadian Commercial Corporation ", by Mrs. Reed Sandra Serrano, without having the express permission to be granted to MrDouglas Patriquin, as was expressly stated in the Special Branch section 2, granted by the CCC to Mrs. Reed Sandra Serrano.
Michel Ho-yin Huang
- ; A Canadian national, holder of passport No. P-CAN-BC 184 367, which runs until April 9, 2006. - Ecuadorian company Shareholder "Q ConsortiumA ".
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The information contained in this Annex gives the website http://www/ccc.ca/
[2]
The proposal differs from the translation by Mrs. Alicia Coloma de Reed, Aunt Reed Dr. Sandra Serrano, as long as Mrs. Alicia Coloma de Reed says the text says: "Make all acts ...", wish to remove the conditional derived from the text: "To ...", as strictly correspond.
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