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HomeMy WebLinkAboutBy-law 4204/93 THE CORPORATION OF THE TOWN OF PICKERING BY-LAWNO. 4204/93 Being a by-law to authorize the execution of a Licence Agreement bevn,een The Corporation of the Town of Pickering and Canada Post Corporation respecting the Whitevale Community Mail Kiosk Postal Mini Park [part Lot 31, Concession 4, Pickering (Part 4, Plan 40R-2225)]. WHEREAS The Corporation of the Town of Picketing is the owner in fee simple of that part of Lot 31, Concession 4, Pickering, designated as Part 4, Plan 40R-2225, and no longer requires those lands for its purposes at this time; and WHEREAS, pursuant to section 191 of the Municipal Act, R.S.O. 1990, chapter 45, The Corporation of the Town of Picketing is prepared to permit Canada Post Corporation to occupy those lands for the purposes of erecting, operating and maintaining a community mail kiosk thereon subject to certain terms and conditions; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Licence Agreement, in the form attached hereto as Schedule A, between Canada Post Corporation and The Corporation of the Town of Picketing, respecting the erection, operation and maintenance of the Whitevale Community Mail Kiosk Postal Mini Park on that part of Lot 31, Concession 4, Picketing, designated as Part 4, Plan 40R-2225. BY-LAW read a first, second and third time and finally passed this 19th day of April, 1993. Wayn~ Arthur, Ma~or SCHEDULE A THIS LICENCE AGREEMENT made April 19, 1993, pursuant to section 191 of the Municipal Act, R.S.O. 1990, chapter M.45, herein called the "Act", BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING, herein called the "Licensor", OF THE FIRST PART. - and - C~N_fiD_fi~EQST CORPORATION, herein called the "Licensee", OF THE SECOND PART. WHEREAS the Licensor is the owner in fee simple of that part of Lot 31, Concession 4, Pickering, designated as Part 4, Plan 40R-2225; and WHEREAS, pursuant to section 263 of the Act, since jurisdiction over Whitevale Road (being the public highway comprised of the road allowance between Concession 4 and Concession 5 in Lot 31, Pickering, i.e., Concession 5 Road) has not been expressly conferred upon another road authority, Whitevale Road is therefore under the jurisdiction of the Council of the Licensor; and WHEREAS, pursuant to section 262 of the Act, since the Council of the Licensor has jurisdiction over Whitevale Road, the soil and freehold thereof is vested in the Licensor; and WHEREAS the Licensor no longer requires that part of Lot 31, Concession 4, Picketing, designated as Part 4, Plan 40R-2225 for its purposes at this time and, pursuant to section 191 oftbe Act, is prepared to permit the Licensee to occupy those lands for the purposes of erecting, operating and maintaining a community mail kiosk (herein called a "Postal Mini Park") thereon subject to certain terms and conditions; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT the Parties hereto agree as follows: 1. OBJECT OF LICENCE AGREEMENT The Licensor hereby grants permission to the Licensee, its employees, servants, agents, customers and invitees, to enter upon and occupy the Licensor's lands described as, that part of Lot 31, Concession 4, Pickering, designated as Part 4, Plan 40R-2225, (herein called the "Lands"), for the purposes of erecting, operating and maintaining a Postal Mini Park thereon, upon the terms and conditions contained herein. The Licence granted hereby is granted in consideration of the sum of $1.00, paid by the Licensee to the Licensor, receipt of which is hereby acknowledged. 3. TERM OF LICENCE AGREEMENT (1) The term of this Licence Agreement shall be for forty-nine years, commencing January 1, 1993, and ending December 31, 2041, subject to renewal as provided herein. (2) The Licensor shall obtain from any transferee of the Lands a covenant to be bound by the terms and conditions of this Licence Agreement and to obtain a similar covenant from all subsequent transferees. 4. TERMINATION OF LICENCE (1) Except as provided in this section, tile Licence granted hereby may not be terminated by either Party prior to the expky of the tema of this Licence Agreement. (2) The Licensor may terminate the Licence granted bereby at any time by giving to the Licensee a written notice of its intention to terminate at least one year prior to the intended date of temfination. (3) The Licensee may terminate the Licence granted hereby at any time by giving to the Licensor a written notice of its intention to terminate at least sixty days prior to the intended date of termination. (4) Upon the date of termination provided in any notice properly given in accordance with this section and section 11, below, the Licence granted hereby shall terminate and be void, and the Pasties hereto shall cease to be bound by the terms and conditions of this Licence Agreement. 5. RENEWAL OF LICENCE (1) Except as provided in this section, the Licence granted hereby may not be renewed upon the expiry of the term of this Licence Agreement. (2) The Licensee may renew.the Licence granted hereby for one period of up to five years, i.e., from January 1, 2042 to no later than December 31, 2046, subject to the same terms and conditions as set out herein, except the right of further renewal, by giving to the Licensor a written notice of its intention to renew, including notice of the period of renewal desired, on or before December 31, 2040. (3) Upon receipt by the Licensor of a notice of intention to renew properly given in accordance with this section and section 1 l, below, the Licence granted hereby shall be renewed and extended for the period set out in the notice, and the Parties hereto shall continue to be bound by the terms and conditions of this Licence Agreement, except the right of further renewal. 6. ASSIGNMENT OF LICENCE BY LICENSEE (1) The Licensee may assign the Licence granted hereby, or grant a sub-licence thereof, to any person designated by the Licensee as having responsibility for the collection or delivery of mail, without the consent of the Licensor. (2) Despite the fact that the consent of the Licensor is not required to the assignment or sub4icensing of the Licence granted hereby, the Licensee shall give written notice of any such assignment or sub-licence to the Licensor within the thirty days inunediately prior to the coming into effect of the assignment or sub-licence. (3) Upon the coming into effect of the assignment or sub-licence, the assignee or sub4icensee shall be bound by the terms and conditions of this Licence Agreement as if the assignee or sub-licensee were the Licensee. 7. REMOVAL OR FORFEITURE OF FIXTURES AND CHATTELS (1) The Licensee may, at its option and at its expense, remove from the Lands, within thirty days after the date of any termination of the Licence granted hereby or, if the Licence granted hereby is renewed and extended, within thirty days of the date of any termination of such renewal and extension of the Licence granted hereby, all fixtures and chattels placed or installed, or caused to be placed or installed, by the Licensee in, upon or above the Lands. (2) The Licensee shall forfeit to the Licensor all such fixtures and chattels which have not been removed by the Licensee within thirty days after the date of any termination of the Licence granted hereby or, if the Licence granted hereby is renewed and extended, within thirty days of the date of any termination of such renewal and extension of the Licence granted hereby. 8. COVENANTS AND OBLIGATIONS Each of the Licensor and the Licensee shall observe and perform all of their respective covenants and obligations set out herein. 2 9. LICENSEE'S WORK AND SERVICES The Licensee shall at its expense complete the following work and perform the following services in respect of the Lands: Plans and Specifications (a) provide to the Licensor for its approval plans and specifications in connection with the installation of the Postal Mini Park; Preparation of the Lands (b) prepare and level the Lands, ready for the erection and installation of the Postal Mini Park in accordance with the plans and specifications approved by the Licensor; Plan Approvals; Permits (c) obtain all necessary site and development plan approvals, building permits and authorizations required by any govemmemal body, and post all necessary security bonds in connection therewith; Erection of Postal Mini Park (d) erect the Postal Mini Park at the Licensee's cost, including the installation of all electrical supply cables, conduits and wiring, in accordance with the approved plans and specifications; Electrical Service (e) maintain all electrical supply cables, conduits and wiring to and on the Lands and pay all electricity bills and charges related to the use and operation of the Postal Mini Park; Maintenance of Lands and Postal Mini Park (f) maintain the Lands, the Postal Mini Park and the access between the sidewalk on Whitevale Road and the Lands; and Snow Removal (g) remove snow and ice from the Lands, the Postal Mini Park, the access between the sidewalk on Whitevale Road and the Lands, and the sidewalk on Whitevale Road adjacent to the Lands, to ensure uninterrupted access to the Lands and to the Postal Mini Park. I0. INDEMNIFICATION The Licensee shall indemnify and save harmless the Licensor from and against all claims, actions, causes of actiou, loss, damage, expense and costs whatsoever, made by any person, arising out of or resulting directly or indirectly, and whether by reason of negligence or otherwise, from, (a) the performance by the Licensee of any of its covenants under this Licence Agreement, (b) any default of the Licensee in the performance of its covenants under this Licence Agreement, or (c) the remedying by the Licensor, or by any other person, of any default by the Licensee in the performance of its covenants under this Licence Agreement. 11. NOTICE (1) Any notice required to be given hereby may be given by personal delivery or prepaid ordinary mail, (a) in the case of the Licensor, if by personal delivery, by delivering it the Town Clerk, or, ff by prepaid ordinary mall, by mailing it to, The Town Clerk The Corporation of the Town of Picketing Picketing Civic Complex One The Esplanade Picketing, Ontario LI¥ 6K7 3 (b) in the case of the Licensee, if by personal delivery, by delivering it to a Delivery Services Officer, or, if by prepaid ordinary mail, by mailing it to, Delivery Services Suite 102 1695 Drew Road Mississauga, Ontario L5S 1J5 (2) Each Party may redesignate the person or the address, or both, to whom or to which such notice may be given by giving written notice to the other. (3) Any notice given in accordance with this section shall be deemed to have been given, (a) ff given by personal delivery, on the second day following the day of delivery, or (b) if given by prepaid ordinary mail, on the fifth day following the day of mailing. (1) Neither this Licence Agreement nor the Licence granted hereby shall create, be deemed to create, or be construed so as to create any estate in the Lands. (2) No member of the House of Commons shall be admitted to a share or part of this Licence Agreement nor the Licence granted hereby or for any benefit arising therefrom. (3) This Licence Agreement incorporates all the terms and conditions governing the erection, operation and maintenance of a Postal Mini Park on the Lands; there is no representation or collateral agreement affecting this Licence Agreement or the Licence granted hereby other than as expressed herein. (4) This Licence Agreement shall be binding upon the Parties hereto, their successors and assigns. IN WITNESS WHEREOF the Parties hereto have hereunto affixed theft respective corporate seals, duly attested by theft proper authorized officers. SIGNED, SEALED & DELIVERED THE CORPORA'r/ON OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk CANADA POST CORPORATION 4