3671 Schedule "A" - To authroize an agreement between the Corporation of the Town of Tillsonburg and Edwin Earl McLaughlin and Ewart Arnold McLaughlinlu "\cv>cut~ Lol3 THIS AGREEMENT, made in triplicate on the -1 day ofO;telse:,
Between
EDWIN EARL MCLAUGLIN AND EWART ARNOLD MCLAUGHLIN,
Hereinafter called the "Transferor",
-and-
THE CORPORATION OF THE TOWN OF TELLSONBURG,
Hereinafter called the "Transferee",
WITNESSETH that the parties hereto agree as follows:
L The Transferor is the owner in fee simple and in possession of the lands described as Parts of
Lots 2 and 3, Concession 5 NTR Middleton being Parts 1 & 2, Plan 41R-3393 ("the subject
property") herein.
2. The Transferee and/or their designate has installed fibre optic conduit and cable on the
property.
3. Appendix A attached hereto forms part of this agreement
4. In consideration of the sum of ONE DOLLAR ($1.00) of lawful money of Canada, now paid by the
Transferee to the Transferor, the Transferor hereby:
a. Grants a temporary route for fibre optic conduit and cable across the subject property
to the Transferee, its successors and assigns, together with the right of the Transferee,
its licensees, successors, assigns, servants, agents, workmen and contractors with all
necessary vehicles, supplies, machinery and equipment necessary or incidental to enter
upon the subject property at all times and to pass and repass thereon as may be
required by the Transferee from time to time, to achieve access to the fibre optic cable
and for the purposes of installing, maintaining, operating, repairing, replacing,
reconstructing and removing same including all necessary trenches for underground
placement of the fibre optic cable, drop boxes and related equipment;
b. Grants the Transferee the right to cut and remove or trim and keep trimmed all trees on
the subject property that may interfere with the safe and efficient operation of the
fibre optic conduit and cable;
c. Covenants that without the consent in writing of the Transferee, it will not place or
remove any fill or improve any part of the subject property within LS metres of the
fibre route ("the route lands") including the erection of any pole, structure or building or
do any other construction above or below the surface. Notwithstanding above, the
Transferor may improve the route lands by applying a standard surface treatment
(asphalt, gravel, seeding/sodding with grass, etc) provided such permitted improvement
does not interfere with the operation or integrity of the fibre optic network;
d. Releases the Transferee from any and every claim which may or might arise out of the
proper exercise by the Transferee of any of the rights granted by this Agreement and
accepts the consideration mentioned above in full satisfaction of all such claims save
and except the Transferor shall not be responsible for damage due to normal use of
their property including heavy vehicle movement. Notwithstanding above, if the fibre
optic conduit or cable is damaged due to negligence on behalf of the Transferor, its
licensees, successors, assigns, servants, agents, workmen and contractors, the
Transferor is responsible to repair same at their cost.
5. It is understood and agreed by and between the parties hereto that the burden of this
Agreement and of all the covenants herein contained shall run with the subject property herein
described and the benefit of this Agreement for a temporary and undetermined length of time
until such time as the route lands are required for other purposes, in the sole and absolute
discretion of the Transferor. Further, the Transferor shall be required to provide thirty (30) days
notice, in writing, of their need for the route lands and the Transferee or their
successors/assignee shall have an additional ninety {90) days to remove the fibre optic conduit
and cable from the subject property at the sole cost of the Transferee.
6. The Transferee acknowledges and agrees that the rights conferred by this Agreement are given
for the purpose of ensuring that it will have access to the subject property for the purposes
contained in this Agreement and that the terms shall not prohibit nor interfere with the right of
the Transferor to construct structures or buildings on the remaining lands in accordance with
plans approved by The Corporation of the Town of Tillsonburg or the route lands as per
Paragraph 4 d above.
7. After entry upon the subject lands, to restore the lands to substantially the same condition they
were prior to their entry thereon at the sole expense of the Transferee.
8. The Transferor covenants with the Transferee that it has the right to convey the said rights and
access over the subject property to the Transferee and that the Transferee shall quietly possess
and enjoy the rights and access, and that it will execute such further assurances of the rights as
may be required from time to time.
9. All covenants herein contained shall be construed to be several as well as joint and wherever
the singular and the masculine are used in this Transfer and Agreement, the same shall be
construed as meaning the plural or the feminine or neuter where the context of the parties
hereto so require.
10. The burden and benefit of this Transfer and Agreement shall run with the land and shall extend to,
be binding on and enure to the benefit of the parties hereto and their respective successors and assigns
DATED at
SIGNED, SEALED AND
DELIVERED in the
Presence of
this I Y R day of January, 2013
THE CORPORATION OF THE TOWN OF TILLSONBURG
Mark Renaud
Deputy Mayor
Edwin Earl Mclauglin
DATE
DATE
DATE
6 1/14/l~ I '
DATE
I have the authority to bind the corporation
' ,_
APPENDIX A-"THE ROUTE LANDS"
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