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This Act is current to November 23, 2022
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Tsawwassen First Nation Final Agreement Act

[SBC 2007] CHAPTER 39

Schedule

Tsawwassen First Nation Final Agreement

APPENDIX D

INTERESTS ON TSAWWASSEN LANDS

APPENDIX D-1List of Locatee Interests on the Former Tsawwassen Reserve
APPENDIX D-2List of Leases on Locatee Interests on the Former Tsawwassen Reserve
APPENDIX D-3List of Public Utility Transmission and Distribution Works Rights of Way and Other Interests
Part 1 Former Provincial Crown Lands
Part 2 Former Tsawwassen Reserve
APPENDIX D-4List of Beach Lot Interests
APPENDIX D-5List of Stahaken Interests
Part 1 Phase I
Part 2 Phase II
Part 3 Phase III
APPENDIX D-6List of Tsatsu Shores Interests
APPENDIX D-7List of Leases on Former Provincial Crown Lands Included in Tsawwassen Lands
APPENDIX D-8Applicable Form of Document Evidencing Interests in Appendix D-1
APPENDIX D-9Applicable Forms of Document for Interests on Tsawwassen Lands
Document 1Anode Bed Right of Way Agreement (Corporation of Delta)
Document 2Public Access Right of Way Agreement (British Columbia)
Document 3Transmission Right of Way Agreement (British Columbia Hydro and Power Authority)
Document 4Distribution Right of Way Agreement (British Columbia Hydro and Power Authority and Telus Communications Inc.)
Document 5Natural Gas Distribution Works Right of Way Agreement (Terasen Gas Inc.)
Document 6Broadband Communications Distribution Works Right of Way Agreement (Delta Cable Communications Ltd.)
Document 7Cable Landing Site Lease (British Columbia Hydro and Power Authority)
Document 8Drainage Ditch Right of Way Agreement (Corporation of Delta)

APPENDIX D–1

List of Locatee Interests on the Former Tsawwassen Reserve

Note: Information will be updated before the Effective Date

Parcel Description and First
Nation Land
Register System
Parcel Identification
(PIN) Number
Interest Holder
Lot 2-1-1 CLSR 74105
PIN 902001991
Williams, Cory Russell & Williams, Darren Benedict (undivided 1/2 each) (NETI)1
Lot 2-2-1 RSBC 2266
PIN 902002339
Williams, Cory Russell (CP 53401)2
Lot 3-1-1 RSBC 2209
PIN 902002342
Larden, Phyllis Shirley (CP 53191)
Lot 3-4 CLSR 76355
PIN 902002344
Jacobs, Frederick Lewis (CP 109000)
Lot 7-4 CLSR 64050
PIN 902002057
Jacobs, Frederick Anthony (CP 29173)
Lot 7-7 CLSR 76869
PIN 902004680
Jacobs, Frederick Lewis (CP 109008)
Lot 7-8-1 RSBC 3271R
PIN 902501412
Jacobs, Andrea Coral (CP 136673)
Lot 7-8-2 RSBC 3271R
PIN 902501413
Jacobs, Frederick Lewis (CP 136674)
Lot 7-9 CLSR 80940
PIN 902013589
Jacobs, Deanna Gay (CP 126808)
Lot 7-10 CLSR 80940
PIN 902013603
Jacobs, Deanna Gay (CP 126828)
Lot 7-11 CLSR 80940
PIN 902013600
Jacobs, Deanna Gay (CP 126822)
Lot 7-12 CLSR 80940
PIN 902013604
Jacobs, Deanna Gay (CP 126829)
Lot 7-13-1 RSBC 3034R
PIN 902016706
Jacobs, Frederick Lewis (CP 132388)
Lot 7-13-2 RSBC 3034R
PIN 902016707
Jacobs, Frederick Lewis (CP 132389)
Lot 7-13-3 RSBC 3034R
PIN 902016708
Grann, John James (CP 144750)
Lot 7-13-4 RSBC 3034R
PIN 902016709
Grann, John James (CP 144753)
Lot 7-13-5 RSBC 3034R
PIN 902016710
Grann, Deanne Faye Kathren (CP 144754)
Lot 7-13-6 RSBC 3034R
PIN 902016705
Grann, Deanne Faye Kathren (CP 144856)
Lot 7-13-7 RSBC 3034R
PIN 902016711
Jacobs, Frederick Lewis (CP 132393)
Lot 7-13-8 RSBC 3034R
PIN 902016703
Jacobs, Frederick Anthony (CP 132385)
Lot 7-13-9 RSBC 3034R
PIN 902016704
Jacobs, Andrea Coral (CP 132386)
Lot 7-13-10 RSBC 3034R
PIN 902016712
Jacobs, Frederick Lewis (CP 132394)
Lot 7-13-11 RSBC 3034R
PIN 902016713
Jacobs, Frederick Lewis (CP 132395)
Lot 9-1 CLSR 63244
PIN 902002124
Koller, Leileani Tina (CP 142387)
Lot 9-6 CLSR 73672
PIN 902005676
Koller, Leileani Tina (CP 108188) & Legge (Williams), Tammy Faye (CP 108189) (undivided 1/2 each)
Lot 9-7 CLSR 73672
PIN 902005677
Baird, Terry William (CP 130406)
Lot 9-8 CLSR 73672
PIN 902005678
Baird, Kimberley Carolyn (CP 110335)
Lot 9-9 CLSR 73672
PIN 902005679
Baird, Edith Marilyn (CP 108193)
Lot 9-10 CLSR 73672

PIN 902005680
Baird, Michael Simon (CP 123485)
Lot 9-11 CLSR 73672
PIN 902005681
Baird, Kenneth Lorne (CP 130407)
Lot 9-12 CLSR 73672
PIN 902005682
Joe, David James (CP 108205) & Joe, Marvin Andrew (CP 108204) (undivided 1/2 each)
Lot 9-13 CLSR 73672
PIN 902005683
Watson, Cynthia Ann (CP 108207)
Lot 9-14 CLSR 73672
PIN 902005684
Cardinal, James Brian (CP 108210) & Cardinal, Renee Rosanne (CP 108209) & Eely, Gina Fern (CP 108208) (undivided 1/3 each)
Lot 9-15-2 CLSR 90937
PIN 902518885
Jacobs, Deanna Gay
Lot 10-1-2 CLSR 74686
PIN 902009877
Williams, Bessie Marion (CP 119362) & Williams, Gordon George (CP 119363) & Williams, Marvin Wray (CP 119364) (undivided 1/3 each)
Lot 10-2-1 RSBC 3273R
PIN 902007882
Williams, Gordon George (CP 136436) & Williams, Marvin Wray (CP 136435) (undivided 1/2 each)
Lot 10-7 RSBC 3273R
PIN 902502251
Williams, Laura Marie Cassidy (CP 137383)
Lot 10-8 RSBC 3273R
PIN 902502252
Williams, Gordon George (CP 137385) & Williams, Marvin Wray (CP 137384) (undivided 1/2 each)
Lot 11 CLSR 50147
PIN 902002074
Williams, Joanne Lynn
Lot 12 CLSR 50147
PIN 902002075
Williams, Dorothy (Estate) (CP 52467)
Lot 13-2-1 CLSR 74578
PIN 902002105
Williams, Tammy Faye (CP 47728)
Lot 13-3 CLSR 63244
PIN 902002101
Williams, Russell Isaac (CP 6551)
Lot 13-4-1 RSBC 2576R
PIN 902006922
Williams, Cory Russell (CP 112654) (undivided 1/4) & Williams, Darren Benedict (CP 112655) (undivided 1/4) & Williams, Russell Isaac (CP 112653) (undivided 1/2)
Lot 13-4-2 RSBC 2576R
PIN 902006921
Williams, Emily Merle (CP 112652)
Lot 14 CLSR 50147
PIN 902002076
Jacobs, Herman Albert (Estate) (CP 31603)
Lot 15 CLSR 50147
PIN 902002077
Williams, Dorothy (Estate) (CP 52466)
Lot 16-1-2 CLSR 74579
PIN 902002081
Williams, Mabel Charleen (CP 70604)
Lot 16-1-4 RSBC 2965R
PIN 902016082
Williams, Bertha Marie (CP 130454)
Lot 16-1-5 RSBC 2965R
PIN 902014823
Williams, Bertha Marie (CP 127998)
Lot 16-1-6 RSBC 2965R
PIN 902014815
Williams, Bertha Marie (CP 130455)
Lot 16-1-7 RSBC 2965R
PIN 902014816
Williams, Dorothy (Estate) (CP 127991)
Lot 16-1-8 RSBC 2965R
PIN 902014821
Williams, Bertha Marie (CP 129925)
Lot 16-2 RSBC 520
PIN 902002080
Williams, Bertha Marie (CP 129848)
Lot 17 CLSR 50147
PIN 902002086
Williams, Dorothy (Estate) (CP 52468)
Lot 18 CLSR 50147
PIN 902002087
Splockton, Joseph Jr. (Estate) (CP 9232)
Lot 19-1 RSBC 3475R
PIN 902505480
Jacobs, John William (CP 140067)
Lot 19-2 RSBC 3475R
PIN 902505481
Jacobs, Margaret Alice (CP 140068)
Lot 20-5-2 RSBC 3116R
PIN 902016700
Gurniak, Clint Allan (CP 133852)
Lot 20-6 RSBC 70940
PIN 902015229
Gurniak, Clint Allan (CP 128925)
Lot 21-1 CLSR 73686
PIN 902005686
Baird, Edith Marilyn (CP 108219)
Lot 21-2 CLSR 73686
PIN 902005687
Eely, Gina Fern (CP 108241) & Cardinal, James Brian (CP 108226) & Cardinal, Renee Rosanne (CP 108242) (undivided 1/3 each)
Lot 21-3 CLSR 73686
PIN 902005688
Watson, Cynthia Ann (CP 108227)
Lot 21-4 CLSR 73686
PIN 902005689
Gurniak, Chrystalynn (CP 130408)
Lot 21-5 CLSR 73686
PIN 902005693
Legge, Tammy Faye (CP 108239) & Koller, Leileani Tina Monica (CP 108240) (undivided 1/2 each)
Lot 21-6-2 RSBC 3413R
PIN 902508049
Joe, David James (CP 141951) & Joe, Marvin Andrew (CP 141950) (undivided 1/2 each)
Lot 21-7 CLSR 73686
PIN 902005691
Joe, David James (CP 108231) & Joe, Marvin Andrew (CP 108234) (undivided 1/2 each)
Lot 22 CLSR 50147
PIN 902002093
Jacobs, Frederick Lewis (CP 6467)
Lot 23-1 CLSR 74105
PIN 902001992
Williams, Cory Russell (CP 119886) & Williams, Darren Benedict (CP 119885) (undivided 1/2 each)
Lot 23-3 RSBC 3563R
PIN 902507823
Williams, Cory Russell (CP 142365) & Williams, Darren Benedict (CP 142366) (undivided 1/2 each)
Lot 46-1-1 RSBC 2710R
PIN 902007819
Bak, Jason Daniel (CP 133461)
Lot 46-1-3 RSBC 2710R
PIN 902007820
Bak, Andrew Simon (CP 133462)
Lot 46-2-2 RSBC 3012R
PIN 902511067
Bak, Andrew Simon (CP 145881)
Lot 46-2-3 RSBC 3012R
PIN 902511068
Bak, Fraeser Steven (CP 145882)
Lot 46-3 RSBC 3143R
PIN 902511066
Bak, Andrew Simon (CP 145878) & Bak, Fraeser Steven (CP 145876) & Bak, Jason Daniel (CP 145877) (undivided 1/3 each)
Lot 46-4 RSBC 3143R
PIN 902511069
Larden, Phyllis Shirley (CP 145883)
Lot 155 CLSR 74027
PIN 902009244
Grann, Peter Clay
PCL U CLSR 65242
PIN 902002120
Joe, David James (CP 38766)
PCL V CLSR 65242 PIN 902002121Joe, David James & Joe, Marvin Andrew [CP 30704 (joint tenants) & CP 31706 (undivided 1/2 each)]
PCL W CLSR 65242
PIN 902002126
Joe, David James & Joe, Marvin Andrew (CP 30703) (joint tenants)
Private Road CLSR 57946 PIN 902002855Joe, David James (CP 101637) & Joe, Marvin Andrew (CP 101638) (undivided 1/2 each)

1 NETI – No Evidence of Title Issued

2 CP – Certification of Possession

APPENDIX D–2

List of Leases on Locatee Interests on the Former Tsawwassen Reserve

Note: Information will be updated before the Effective Date

Parcel
Description and
FNLRS3 Parcel
Identification
Number (PIN)
Lessee(s)Lease and
Assignment
FNLRS
Number
TermMortgage(s)
FNLRS
Number
Lot 9-12-2
CLSR 76069
PIN 902005878 and Road R/W
Lot 9-12-3
CLSR 76069
PIN 902005880
F440 Racing Challenge Ltd.223073
247436
April 1, 1994 to March 31, 2009 
Lot 153
CLSR 69264
PIN 902002129;
Lot 9-12-1
CLSR 75049
PIN 902004859;
and R/W shown on CLSR 75049
Splashdown Waterparks Inc.98930
98932
90515
98931
215938
298447
October 1, 1991 to September 30, 201698934
LMA03828
102167
Lot 154
RSBC 1148
PIN 902002131
Triple O Holdings Ltd.112452
33853
262248
Month to Month101188
104423
Lot 46-3-1
RSBC 3857R
PIN 902514466S
600911 BC Ltd. (Tsatsu Gas)LMA02351July 1, 2004 to June 30, 2053 
Portion Lot 7-6-1
CLSR 74027
PIN 902005372R
Tale'Awtxw Aboriginal Capital Corporation218771
219910
Month to Month 

3 FNLRS – First Nation Land Register System

PART 1 OF APPENDIX D–3

List of Public Utility Transmission and Distribution Works Rights of Way and Other Interests on Former Provincial Crown Lands

Note: Information will be updated before the Effective Date

Interest HolderInterestLocation
(Land Title Office
Parcel Identifier)
Land Title Office
Document
Reference Number
British Columbia Hydro and Power AuthorityTransmission Line Statutory Right of Way009-187-715
009-286-462
BW71193
British Columbia Hydro and Power AuthorityTransmission Line Statutory Right of Way009-187-715C69487
British Columbia Hydro and Power AuthorityTransmission Line Statutory Right of Way009-187-715
009-286-462
009-189-459
J22376
British Columbia Hydro and Power AuthorityTransmission Line Statutory Right of Way009-185-372
009-187-901
009-187-715
009-286-462
N26854
British Columbia Hydro and Power AuthorityCable Landing Site
Easement
006-677-711
009-188-011
C69484
Plan 30857
Corporation of DeltaDyke and Drainage Ditch Statutory Right of Way (Expiry Date: August 21, 2007)009-185-372
009-187-901
009-187-715
006-677-711
011-827-891
BX378101
Plan 55804
Plan LMP49838
Plan LMP49486
Corporation of DeltaDrainage Ditch and Telecommunications Equipment
Statutory Right of Way (Expiry Date: August 21, 2007)
006-473-865
009-187-065
009-187-081
009-187-111
BX570387
Plan LMP44765
Corporation of DeltaDrainage Ditch Statutory Right of Way (Expiry Date: August 21, 2007)009-189-386
009-189-459
BX570388
Plan LMP44766
Corporation of DeltaDyke and Drainage Ditch Statutory Right of Way (Expiry Date: August 21, 2007)009-188-266BX570389
Plan LMP49838
Corporation of DeltaDrainage Ditch Statutory Right of Way (Expiry Date: August 21, 2007)009-187-715
009-286-462
BX570390
Plan LMP40545
Corporation of DeltaDrainage Ditch Statutory Right of Way (Expiry Date: March 22, 2053)009-189-386
009-189-459
009-189-513
BG332824
Plan 51239

PART 2 OF APPENDIX D–3

List of Public Utility Transmission and Distribution Works Rights of Way and Other Interests on Former Tsawwassen Reserve

Note: Information will be updated before the Effective Date

Interest HolderInterestLocationDocument
Reference Number
British Columbia Hydro and Power AuthorityTransmission Line Right of Way DC1 and Cable Landing Site Lease (Expiry Date of Lease: 999 years from June 1, 1969)As per Plan CLSR 56017 as amended by Plan CLSR 73245FNLRS4 1833-32 and 57562
British Columbia Hydro and Power AuthorityDistribution Line PermitAs per Plan CLSR M3683 and RSBC 2281FNLRS 7572-248, 271724, 207238 and BCR5 007-99/00
British Columbia Hydro and Power AuthorityDistribution Line PermitExtension of CLSR M3683 through Beach Lot 44 Plan CLSR 50443FNLRS 7574-248
British Columbia Hydro and Power AuthorityDistribution Line PermitAlong Tsawwassen Drive SouthBCR 0058-97/98
British Columbia Hydro and Power AuthorityDistribution Line PermitAlong Falcon Way, Raven Lane and Eagle Lane as per Drawing D412-D08-D284BCR (20/Jan/89)
British Columbia Hydro and Power AuthorityDistribution Line PermitPacific Drive (Stahaken)Stahaken Developments Ltd. Lease
Terasen Gas Inc.Distribution Line Permit IR-016 (1994)Lots 9-12, 9-12-2, 9-12-3 CLSR 73672 as per Drawing A1-3384BCR 0001-94/95
Terasen Gas Inc.Distribution Line Permit IR-026 & IR-037 (1982)Pacific Drive (Stahaken)Stahaken Developments Ltd. Lease
Terasen Gas Inc.Distribution Line Permit IR-032 (1972)Beach Lots 27 & 28 CLSR 50443 as per Drawing CG0-2923-CFNLRS X10012
Terasen Gas Inc.Distribution Line Right of Way IR-033 (1968)Beach Lots 44 & 46 CLSR 50443, as per Drawing GCO-821-CFNLRS 1363 BCR (17/Oct/67)
Terasen Gas Inc.Distribution Line Lease IR-050 (1996)Tsatsu Shores as per SHO Drawing 13439BCR 0004-96/97
Terasen Gas Inc.Distribution Line Permit IR-065 (1998)Lot 20 CLSR 50147, as per Drawing MCO-280166BCR 0086-96/97
Terasen Gas Inc.Distribution Line Permit IR-094 (2000)Along Tsawwassen Drive, as per Drawing MCO-305532BCR 0095-00/01
Telus Communications Inc.Distribution Line PermitAs per Plan CLSR M3683FNLRS 7572-248
Telus Communications Inc.Distribution Line PermitAs per BC Tel Drawing CX-0-1150 (Stahaken)FNLRS 103640
BCR (22/May/85)
Telus Communications Inc.Distribution Line PermitAs per Drawing CC-2-13895 superceded by RSBC 2217BCR (31/May/88)
Telus Communications Inc.Distribution Line PermitAs per Drawing CP-1-22075BCR (21/May/96)
Telus Communications Inc.Distribution Line PermitAs per BC Tel Drawing CP-1-21896MBCR (23/Jul/96)
Telus Communications Inc.Distribution Line PermitAs per BC Tel Drawing CP-1-2212BCR (8/Aug/96)
Telus Communications Inc.Distribution Line PermitAs per BC Tel Drawing CP-1-19973BCR 0052-97/98 (21/Dec/98)
Telus Communications Inc.Distribution Line PermitAs per BC Tel Drawing CP-40094ABCR 0011-9/2000 (9/Feb/99)
Telus Communications Inc.Distribution Line PermitAs per BC Tel Drawing CP-3-22466BCR 0024-97/98 (8/Jul/97)
Telus Communications Inc.Distribution Line PermitAs per BC Tel Drawing CP-1-21917Letter (22/Feb/96)
Telus Communications Inc.Distribution Line PermitAs per BC Tel Drawing CP-2-40094ABCR (9/Feb/99)
Delta Cable Communications Ltd.Distribution Line PermitAlong aerial and underground works owned by Telus, as per Delta Cable DrawingSupport Structure Agreement with Telus
Corporation of DeltaDitch, Pump Station and Licensed Radio Equipment Right of WayIntersection of Eagle Way and Tsawwassen DriveFNLRS 7560-247
Radio Licence #3043040 XLP 310 (Registered with Transport Canada)
Corporation of DeltaStorm Pipe PermitAs per Plan CLSR 53298FNLRS 8037
Corporation of DeltaWater Line PermitAs per Plan CLSR 52164
LTO 27682 (Stahaken)
FNLRS 7573-248 and 72365
Corporation of DeltaDrainage EasementAs per LTO Plan 75032 (Stahaken)LTO AA127374
LTO AA127375
LTO AA127376
LTO AA127377
LTO AA127378
Corporation of DeltaDrainage EasementAs per LTO Plan 77167 (Stahaken)LTO AB030975
Corporation of DeltaDrainage EasementAs per LTO Plan 77168 (Stahaken)LTO AB030976
Corporation of DeltaEntry Way EasementAs per LTO Plan 65888 (Stahaken)LTO Y111998
LTO Y111999
Corporation of DeltaWater Works Statutory Right of WayAs per LTO Plan 64863 (Stahaken)LTO AA127370
Corporation of DeltaWater, Sanitary Sewer and Drainage Statutory Right of WayAs per LTO Plan 75031 (Stahaken)LTO AA127371
Corporation of DeltaSanitary Sewer Statutory Right of WayLots 4, 5, 16, 17, 18 and 19 CLSR 71091 and Lots 1 to 27 CLSR 77165 (Stahaken)LTO AA127372
Corporation of DeltaWater, Sanitary Sewer and Drainage Statutory Right of WayAs per LTO Plan 79357 (Stahaken)LTO AB206884
Corporation of DeltaStorm Pipe Easement BeachLots 39, 40, 45 and 46 CLSR 50443 (Beach Lots)Plan CLSR 51044
Corporation of DeltaWatermain Right of WayLots 45 and 46 CLSR 50443 (Beach Lots)Plan CLSR 65622
Corporation of DeltaDrainage Ditch Right of WayLot 3-1-1 RSBC 2209; Lot 3-4 CLSR 76355; Lot 7-7 CLSR 76869; Lot 23-1 CLSR 74105; Lot 23-3 RSBC 3563RPlan CLSR 68283
Beach Lots 24, 25 and 26 CLSR 50443Access EasementBeach Lot 27 CLSR 50443FNLRS 308446
Beach Lots 24, 25, 26 and 27 CLSR 50443Access EasementBeach Lot 28 CLSR 50443FNLRS 306887
482433 BC Ltd.Access Easement (concrete footings, drain tiles and support) (Expiry Date: June 22, 2093)R4 RW Lot 161-2 CLSR 78840 as relates to Lot 161-1-1 CLSR 78840 (Tsatsu Shores)FNLRS 245652 and 245984
482433 BC Ltd.Access Easement (services) (Expiry Date: June 22, 2093)Lot 16-2 CLSR 78840 as relates to Lot 161-1-1 CLSR 78840 (Tsatsu Shores)FNLRS 245631 and 245984
482433 BC Ltd.Access Easement (landscaping and services) (Expiry Date: June 22, 2093)Lot 161-4 CLSR 78840 as relates to Lot 161-1-1 CLSR 78840 (Tsatsu Shores)FNLRS 245634 and 245984
483071 BC Ltd.Access Easement (services)Lot 161-1 less Lot 161-1-1 CLSR 78840 (Tsatsu Shores)FNLRS 299656
Tsatsu Development CorporationAccess Easement (services) (Expiry Date: May 8, 2023)Lot 161-1-1 CLSR 78840 (Tsatsu Shores)FNLRS 245629
Tsatsu Shores Development Ltd.Access Easement (boardwalk) (Expiry Date: May 8, 2023)R2 RW Lot 161-1-1 CLSR 78840 (Tsastu Shores)FNLRS 245655
Tsatsu Development CorporationAccess Easement (boardwalk) (Expiry Date: May 8, 2023)R2 RW Lot 161-1-1 CLSR 74880 (Tsatsu Shores)FNLRS 245688
Crown (Canada)Access Easement (storm outfall and services) (Expiry Date: June 22, 2093)R1 RW Lot 161-1-1 CLSR 78840 (Tsatsu Shores)FNLRS 245614
Tsatsu Shores Development Ltd.Access Easement (services and support)Lot 161-1-1 CLSR 78841 (Tsatsu Shores)FNLRS 245634
Tsatsu Shores Development Ltd.Access Easement (concrete footings, drain tiles and support)Lot 161-2 CLSR 78841 (Tsatsu Shores)FNLRS 245652
Tsatsu Shores Development Ltd.Access Easement (services) (Expiry Date: June 22, 2093)R1 RW Lot 161-1-1 CLSR 78841 (Tsatsu Shores)FNLRS 245637
Tsatsu Development CorporationAccess Easement (services)Lot 161-1-1, 161-2 and 161-3 CLSR 78840 (Tsatsu Shores)Plan CLSR 78840
Tsatsu Shores Development Ltd.Access EasementBlock "C" DL 797 (Tsatsu Shores) 
Tsatsu Shores Development Ltd.Access Easement (services)Block "C" DL 797 & DL 920 (Tsatsu Shores) 
Tsatsu Shores Development Ltd.Access Easement (boardwalk)Block "C" DL 797 (Tsatsu Shores) 
Tsatsu Development CorporationAccess Easement (boardwalk)Block "C" DL 797 (Tsatsu Shores) 
Tsatsu Shores Development Ltd.Access Easement (storm outfall)Block "C" DL 797 (Tsatsu Shores) 
Tsawwassen First NationSewer Right of WayLots 7-11 and 7-12 CLSR 80940FNLRS 286177
Tsawwassen First Nation Sewer Right of Way Lot 9-1
CLSR 63244
FNLRS 286181
Tsawwassen First NationSewer Right of WayLot 9-9 CLSR 73672FNLRS 286180
Tsawwassen First NationSewer Right of WayLot 9-10 CLSR 73672FNLRS 286179
Tsawwassen First NationSewer Right of WayLot 9-12 CLSR 73672FNLRS 286182
Lot 7-13-6 RSBC 3034RAccess Right of Way AgreementLot 7-13-10 RSBC 3034RFNLRS 278822
Lot 7-13-8 RSBC 3034RAccess Right of Way AgreementLot 7-13-10 RSBC 3034RFNLRS 278820
Lot 7-13-9 RSBC 3034RAccess Right of Way AgreementLot 7-13-10 RSBC 3034RFNLRS 278821
Lot 10-1-1 CLSR 74686Access EasementLot 10-1-2 CLSR 74686FNLRS 249061 Plan RSBC 3273R
Lot 21-1 CLSR 73686Access Right of WayLot 21-4 CLSR 73686Plan CLSR 73686
Lot 21-2 CLSR 73686Access Right of WayLots 21-1 and 21-4 CLSR 73686Plan CLSR 73686
Lot 21-3 CLSR 73686Access Right of WayLots 21-1, 21-2, 21-4, 21-5 and 21-7 CLSR 73686Plan CLSR 73686
Lot 21-4 CLSR 73686Access Right of WayLot 21-1 CLSR 73686Plan CLSR 73686
Lot 21-5 CLSR 73686Access Right of WayLot 21-1, 21-2 and 21-4 CLSR 73686Plan CLSR 73686
Lot 21-7 CLSR 73686Access Right of WayLots 21-1, 21-2, 21-3, 21-4 and 21-5 CLSR 73686Plan CLSR 73686
Heirs of the Estate of Albert Joseph JacobsAgreement of HeirsBeach Lots 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40, 44 and 159 CLSR 50443; Beach Lots 41-1, 41-2 and 42-1 CLSR 51129; Beach Lot 158 CLSR 73586; and Beach Lots 163 and 164 CLSR 79235FNLRS 120482

4 FNLRS – First Nation Land Register System

5 BCR – Band Council Resolution

APPENDIX D–4

List of Beach Lot Interests

Note: Information will be updated before the Effective Date.

Lot NumberFirst Nation Land
Register System
(FNLRS) Parcel
Identification
Number
Lease and
Assignment
FNLRS Number
Mortgage(s) FNLRS
Number
Beach Lot 24
CLSR 50443
902001909300315 
Beach Lot 25
CLSR 50443
902001911300316 
Beach Lot 26
CLSR 50443
902001913299838 
Beach Lot 27
CLSR 50443
902001914313639 299839313640
Beach Lot 28
CLSR 50443
902001915242107
290530
116231
242108
308438
Beach Lot 29
CLSR 50443
902001916LMA02707
290547
251781
116233
LMA02708
Beach Lot 32
CLSR 50443
902001922LMA03895
290543
116237
 
Beach Lot 33
CLSR 50443
902001921LMA02642
290544
116239
LMA02643
Beach Lot 34
CLSR 50443
902001923LMA03840
290542
126107
LMA03883
Beach Lot 35
CLSR 50443
902001926283323
290502
116242
LMA03169
LMA03176
Beach Lot 36
CLSR 50443
902001927283289
290504
116244
LMA03733
Beach Lot 37
CLSR 50443
902001930LMA01539
290509
116246
LMA03292
LMA03424
LMA03741
Beach Lot 38
CLSR 50443
902001931290511
116248
LMA03821
Beach Lot 39
CLSR 50443
902001932LMA03195
290506
116250
LMA03196
Beach Lot 40
CLSR 50443
902001933266238
290512
116252
266241
Beach Lot 41-1
CLSR 51129
902001934129586
290513
116254
 
Beach Lot 41-2
CLSR 51129
902001937LMA02988
290518
116256
LMA02989
Beach Lot 42-1
CLSR 51129
902001941255920
290518
116256
 
Beach Lot 44
CLSR 50443
902001944LMA02854
307716
 
Beach Lot 158
CLSR 73586
902002578314931
295122
290527
207239
116235
314932
Beach Lot 159
CLSR 50443
902002582261615
290520
207241
127901
261617
Beach Lot 163
CLSR 79235
902001942228313
252046
290514
116258
309653
Beach Lot 164
CLSR 79235
902001943311093311194
Lot 45 (Road)
CLSR 50443
 298441
52725
 
Lot 46 (Road)
CLSR 50443
 298441
52725
 
Lot 165 (Road)
CLSR 81794
 298441 

PART 1 OF APPENDIX D–5

List of Stahaken Interests – Phase I

Note: Information will be updated before the Effective Date

PHASE I – CLSR 68397 – LTO PLAN 65431
Lot #Land Title
Office
(LTO) Title
Number
LTO Parcel
Identifier
(PID)
First Nation
Land
Register
System
(FNLRS)
Parcel
Identification
Number
(PIN)
Head Lease
LTO No.
FNLRS No.
Assignment
LTO No.
FNLRS No.
Mortgage
LTO No.
FNLRS No.
Lot 50Z96041E001-828-002902001706Y83159
109677
BG150150
213515
 
Lot 51Z96042E001-828-011902001713AA176774
117827
AA176775
117828
 
Lot 52Z96043E001-282-029902001717Y83160
118790
BP155833
281843
BX502673
LMA02366
Lot 53Z96044E001-828-037902001718Y83161
109049
BK494877
LMA03173
BX494878
LMA03174
Lot 54Z96045E001-828-045902001720Y83162
117767
BK125267
241737
BM273835
265453
Lot 55Z96046E001-492-781902001721Y83163
109044
BV450087
313162
BV450088
313167
Lot A (Y49769)
formerly Lots 56 & 57
Z96047E001-492-772902001862 & 902001864Y83164BL158735
251835
 
Lot 58Z96048E001-492-799902001724Y83165
109054
BJ205157
234713
BW57616
Lot 59Z96049E001-492-811902001730Y83166
109055
BT88939
297632
BT88940
297633
BW329293
LMA01936
BW329294
LMA01937
Lot 60Z96050E001-828-053902001731Y83167
109052
AA16443
118490
 
Lot 61ZZ96051E001-828-061902001733Y83168
109051
BK372504
247826
BX259668
LMA02985
BV317290
311245
Lot 62Z96052E 001-828-070902001734Y83169
109050
BX592778
AA169096
BL115622
Lot 63Z96053E001-828-088902001735Y83170
109056
BP149569
281965
BP149570
281966
BX402536
LMA02286
Lot 64Z96054E001-828-096902001736Y83171
109057
BL370880
256519
 
Lot 65Z96055E001-828-100902001738Y83172
118792
BL266624
256137
BT17149
213840
Lot 66Z96056E001-282-118902001740Y83173
111784
AA196498
LMA02415
BX430300
LMA02563
 
Lot 67Z96057E001-828-126902001760Y83174
109070
AA17965 
Lot 68Z96058E001-828-134902001766Y83175
113740
BV400585
312405
 
Lot 69Z96059E001-828-142902001768Y83176
113782
A 254684
BL273467
 
Lot 70Z96060E001-828-151902001769Y83177
110123
BE70105
134578
BW284684
LMA01742
Lot 71Z96061E001-828-169902001773Y83178
109873
AC272191
128646
BE145428
Lot 72Z96062E001-828-177902001777Y83179
109729
BT227160
300802
BT227161
300804
Lot 73Z96063E001-828-185902001841Y83180
109045
AA226740
116941
 
Lot 74Z96064E001-828-193902001842Y83181
109046
BR38628
287116
 
Lot 75Z96050E001-828-207902001843Y83182
109885
BJ334185
236812
BJ334186
BW183919
Lot 76Z96066E001-828-215902001846Y83183
113635
AC104873
209507
BT282276
Lot 77Z96067E001-828-223902001847Y83184
110099
BV341866
311297
BV341867
311298
Lot 78Z96068E001-828-231902001848Y83185
109048
Y186148
307992
BV111685
Lot 79Z96069E001-828-240902001849Y83186
113634
BF385938
210373
 
Lot 80Z96070E001-828-258902001851Y83187
110080
BG386006
217022
BG386007
Lot 81Z96071E001-828-266902001852Y83188
109047
BR216986
291020
Z145373
111029
 
Lot 82Z96072E001-828-274902001854Y83189
109053
BM154699
261606
 
Lot 83Z96073001-828-282902001853Y83190
109673
Z16981
109675
 

PART 2 OF APPENDIX D–5

List of Stahaken Interests – Phase II

Note: Information will be updated before the Effective Date.

PHASE II – CLSR 71091 – LTO PLAN 74746
Lot #Land Title
Office
(LTO) Title
Number
LTO Parcel
Identifier
(PID)
First Nation
Land
Register
System
(FNLRS)
Parcel
Identification
Number
(PIN)
Head Lease
LTO No.
FNLRS No.
Assignment
LTO No.
FNLRS No.
Mortgage
LTO No.
FNLRS No.
Lot 01AA147766008-001-642902001662AA127337
118824
BP47095
278978
BV206258
312061
Lot 02AA147767008-001-651902001663AA127338
118827
BL147957
251621
BL147958
BL147959
Lot 03AA147768008-001-669902001664AA127339
118830
BV134372
308488
 
Lot 04AA147769008-001-677902001665AA127340
118833
AA144999
118834
BL380730
Lot 05AA147770008-001-685902001666AA127341
118836
BR184869
290577
BT60090
Lot 06AA147771008-001-693902001673AA127342
118840
BV373044
311979
BV373045
311980
Lot 07AA147772008-001-707902001674AA127343
118843
BG278987
216057
BG278989
216059
Lot 08AA147773008-001-715902001675AA127344
118846
BF235441
208695
 
Lot 09AA147774008-001-723902001676AA127345
118849
BV422780
312854
 
Lot 10AA147775008-001-731902001677AA127346
118852
BK304567
246469
 
Lot 11AA147776008-001-740902001678AA127347
118856
BT339980
303127
BT339981
303129
Lot 12AA147777008-001-758902001679AA127348
118859
LMA03253
BX580775
BX580776
LMA03254
Lot 13AA147778008-001-766902001680AA127349
118863
BV334530
311118
BV334531
Lot 14AA147779008-001-774902001681AA127350
118866
BK99155
240510
 
Lot 15AA147780008-001-782902001682AA127351
118870
BH9391
218503
BW65191
Lot 16AA147781008-001-791902001686AA127352
118874
BL49746
249564
 
Lot 17AA147782008-001-804902001687AA127353
118877
BF244904
209649
 
Lot 18AA147783008-001-812902001688AA127354
118880
BV012369
306022
 
Lot 19AA147784008-001-821902001689AA127355
118882
AA195956
118883
 
Lot 20AA147785008-001-839902001690AA127356
118885
BW415670
LMA02171
BW415671
LMA02172
Lot 21AA147786008-001-847902001691AA127357
1187888
BJ242694
235479
BJ242695
Lot 22AA147787008-001-855902001693AA127358
118892
BN205758
272988
 
Lot 23AA147788008-001-863902001694AA127359
118895
AD11587
131962
AD112911
131963
Lot 24AA147789008-001-871902001695AA127360
118899
BM120349
260942
BV296811
CA119208
LMA03422
Lot 25AA147790008-001-880902001696AA127361
118903
BH204537
222761
BL318882
Lot 26AA147791008-001-898902001697AA127362
118906
AC120597
129887
 
Lot 27AA147792008-001-901902001698AA127363
118910
BT317487
314279
 
Lot 28AA147793 008-001-910902001699AA127364
118913
AC130957 
Lot 29AA147794008-001-928902001700AA127365
118916
BK115951
240743
BJ65505
231274
 
Lot 30AA47795008-001-936902001701AA127366
118920
A176623
118921
 
Lot 31AA147796008-001-944902001702AA127367
118923
BX314585
LMA02489
BX314586
Lot 32AA147797008-001-952902001703AA127368
118927
BV237474
309918
 

PART 3 OF APPENDIX D–5

List of Stahaken Interests – Phase III

Note: Information will be updated before the Effective Date

PHASE III – CLSR 71545 – LTO PLAN 77165
Lot #Land Title
Office
(LTO) Title
Number
LTO Parcel
Identifier
(PID)
First Nation
Land
Register
System
(FNLRS)
Parcel
Identification
Number
(PIN)
Head Lease
LTO No.
FNLRS No.
Assignment
LTO No.
FNLRS No.
Mortgage
LTO No.
FNLRS No.
Lot 01AB30945010-197-397902001866AB30978
119514
BX124167
LMA02524
BX124168
Lot 02AB30946010-197-419902001868AB30979
119517
BR131911
289709
 
Lot 03AB30947010-197-435902001869AB30980
119518
BN2176
267397
 
Lot 04AB30948010-197-451902001871AB30981
119519
BX329551
LMA02705
BX329552
LMA02706
Lot 05AB30949010-197-460902001870AB30981
119519
BJ207707
235084
 
Lot 06AB30950010-197-486902001875AB30983
119521
AC90372
124884
BJ392147
238064
BV511297
Lot 07AB30951001-197-516902001876AB30984
119522
BW74318
LMA01395
BW322188
LMA01999
Lot 08AB30952010-197-532902001877AB30985
119523
AB240352
123195
AB240353
Lot 09AB30953010-197-567902001882AB30986
119525
AC325950
128799
BF7035
2107314
Lot 10AB30954010-197-591902001883AB30987
119526
BR2279
286170
BW352295
LMA01862
BL366532
256426
Lot 11AB30955010-197-702902001884AB30988
119527
BH347853
226640
 
Lot 12AB30956010-197-711902001885AB30989
119529
BN223669
273510
BN223670
273514
Lot 13AB30957010-197-729902001886AB30990
119532
AB87248
124885
AB87249
AB87250
Lot 14AB30958010-197-737902001887AB30991
19533
BV352356
311526
 
Lot 15AB30959010-197-745902001888AB30992
119535
BP225314
283792
BP225315
283793
Lot 16AB30960010-197-753902001889AB30993
119537
BW249900
LMA01797
BV56975
306941
BV56976
306942
Lot 17AB30961001-197-761902001890AB30994
119538
AB155233
122904
AB155234
122905
Lot 18AB30962010-197-788902001891AB30995
119540
BH74103
220020
BR317901
BR317902
Lot 19AB30963010-197-818902001892AB30996
119542
BT2687
295187
BT2688
295188
Lot 20AB30964010-197-826902001893AB30997
119544
BW224377
LMA01741
 
Lot 21AB30965010-197-842902001895AB30998
119546
1988-01-11
BJ223804
235139
BP144585
282555
Lot 22AB30966010-197-851902001896AB30999
119547
BJ280487
235922
BJ280489
235926
BA156483
Lot 23AB30967010-197-869902001897AB31000
119549
BT401784
304345
 
Lot 24AB30968010-197-877902001898AB31001
119551
BV16319
305970
BT61262
298203
BT61263
298204
Lot 25AB30969010-197-893902001899AB31002
119553
BW157272
LMA01537
BW157273
LMA01538
Lot 26AB30970010-197-907902001901AB31003
119555
BN328321
276551
 
Lot 27AB30971010-197-923902001906AB31004
119557
BV83200
307311
 

APPENDIX D–6

Tsatsu Shores Interests

Note: Information will be updated before the Effective Date.

The legal structure for each lot is as follows:

1. Head Lease (dated November 1, 1994) between Canada and Tsatsu Development Corporation was registered under FNLRS6 230863 for Lot 161-1 CLSR 76530.

2. An Assignment of Head Lease (dated January 25, 1995) was issued by Tsatsu Development Corporation to Tsatsu Shores Development Ltd. and registered under FNLRS 233969 for Lot 161-1 CLSR 76530.

3. On July 19, 1996, Lot 161-1 was resurveyed into Lot 161-1-1 and Lot 161-1-2 CLSR 78840.

4. On July 24, 1996, Lot 161-1-1 was divided into 86 individual units by CLSR 78854. The parcel description of each unit is "Unit [number] within Lot 161-1-1 CLSR 78854".

5. Subleases (dated July 30, 1996) for the 86 units were issued by Tsatsu Shores Development Ltd to 483071 BC Ltd.

6. Assignments of the Subleases were issued by 483071 BC Ltd. to the first or current owner of the units.

6 FNLRS – First Nation Land Register System

Unit
Number
FNLRS Parcel
Identification
Number
Sublease and
Assignment
FNLRS Number
Shareholder
Agreement
FNLRS Number
Mortgage(s)
FNLRS Number
1902008444245015
LMA01362
LMA02796 
2902008474245117
245960
286015311295
3902008475245118
255623
285989LMA03744
4902008476245119
298869
286011298870
5902008469245109
253391
286010 
6902008470245111
246962
 LMA03356
7902008471245113
LMA01698
 LMA01699
8902008466245103
LMA02211
 LMA01279
248093
9902008467245105
290580
  
10902008454245081
260891
285997LMA02368
11902008456245086
246844
 246845
12902008457245088
245836
285994LMA01405
13902008459245091
254649
  
14902008460245094
LMA02607
  
15902008462245095
246842
285992246843
16902008463245096
LMA02407
  
17902008464245100
245835
285991 
18902008515245207
LMA02799
 301220
19902008516245208
286295
 286296
20902008517245209
264743
286000312951
21902008518245211
312625
285999262257
22902008519245213
271037
285996271036
23902008520245214
280225
 280227
24902008521245216
247344
286002 
25902008522245217
247842
286072 
26902008478245121
298305
 298307
27902008479245122
252821
286073LMA02581
28902008483245130
255855
286074 
29902008484245242
LMA03693
  
30902008485245132
259409
286239LMA02487
31902008486245133
LMA01874
 LMA01875
32902008487245134
264246
286078312525
33902008488245136
301821
 304856
34902008489245137
307665
 307667
35902008490245139
304882
  
36902008491245140
260347
286085293746
37902008492245142
LMA03934
  
38902008537245237
257277
  
39902008538245238
296402
286061259392
40902008539245239
247341
286063247342
41902008535245235
257270
286064257272
42902008536245236
306685
 306687
43902008540245241
LMA02650
  
44902008541245242
266106
286067266107
45902008542245244
264231
286068264323
46902008543245246
294581
 294583
47902008544245247
LMA01363
LMA02797LMA01498
48902008545245250
312672
 313204
49902008546245251
308838
 308842
50902008547245257
LMA01755
 LMA01756
51902008548245258
300188
  
52902008549245259
299599
 29960
53902008550245260
255773
286023LMA02936
54902008553245265
253026
286033 
55902008554245267
246856
286242LMA03158
56902008555245268
314356
  
57902008557245271
245826
286030 
58902008560245275
245822
286029 
59902008562245277
262540
286051 
60902008563245280
256199
286049256201
61902008564245284
298252
 298253
62902008565245284
301282
 301283
63902008551245262
245812
286043 
64902008552245264
283800
 283801
6590208556245270
310828
 310829
66902008558245272
309013
  
67902008559245274
LMA01961
 LMA01962
68902008561245276
264654
286243264656
69902008493245149
272795
286020272796
70902008494245151
245952
286019312159
71902008496245154
245964
286018 
72902008497245154
291905
 291908
73902008498245155
LMA02367
286004295183
74902008499245156
279974
286035296275
75902008550245157
246965
286060 
76902008502245165
256111
286057 
77902008523245219
264940
286042298323
78902008524245220
247806
286041 
79902008525245221
266108
286039 
80902008528245227
301845
LMA02798 
81902008529245228
246838
286037246839
314357
82902008530245229
263008
268056LMA03255
83902008531245230
252937
LMA02984
286054252938
84902008532245231
272231
286052272232
309475
85902008533245232 292725 293040
86902008534245233
315764
 315766

APPENDIX D–7

List of Leases on Former Provincial Crown Lands

Note: Information will be updated before the Effective Date

Lease No.Parcel Description (Lease)Expiration Date
1018That portion of the SW 1/4 of Sec 22 TWP 5 having frontage of 40 chains on the North Boundary and 28.5 chains on the East Boundary of the said Quarter NWDAugust 31, 2007
1019Part of the SW 3 of Section 22 Township 5August 31, 2007
1020Lot D SW 3 Section 22 Township 5 NWD Plan 23543August 31, 2007
1030Parcel C (Ref Plan 6995) Except Firstly: Parcel 2 (Ref Plan 7634) and Secondly: Parcel 3 (Ref Plan 9694) District Lot 183, Group 2, NWDAugust 31, 2007
1031Parcel One (Ref Plan 6994) Parcel A, District Lot 183, Group 2, Except Firstly: Part subdivided by PL 28898, Secondly: Parcel C (Ref Plan 30741), Thirdly: Parcels A and B (PL 38001), Fourthly: Parcel D (PL 42153), Fifthly: PL 49448 NWDAugust 31, 2007
1037Lot 3, Except Part dedicated road on Plan LMP 40488, District Lot 108, Group 2, NWD, Plan 20071March 31, 2007
1058That portion of the SW 1/4 Section 15, Township 5 Lying North of Highway Plan 22977 NWDMarch 31, 2007
1059The NW 1/4 of Section 15 Township 5, NWD (save and except a portion of about 200'x250')January 31, 2007
1060(40 chains x 28.55 chains) of SW 1/4 Section 22 Twp 5 S&E Firstly: portion of NE corner 900'x270', Secondly: strip N-S 100'x1800' and a shed and cabin at 4820-28th Ave adjacent and East of aforementioned strip as shown in sketch BMarch 31, 2008
1061The North Half of Parcel B (Ref. Plan 4554) of the Southwest quarter, Section 22, Township 5, NWD, being all that portion lying north of a straight line bisecting the east and west boundaries thereof, except part subdivided by Plan 23543.March 31, 2008
1062The southerly half of Parcel B (Ref. Plan 4554) of the SW 1/4 of section 22, Township 5, NWD and being all that portion lying south of a straight line bisecting the east and west boundariesJanuary 31, 2008
1066Parcel C, District Lot 107, Group 2, Plan 52551F, Except a 3 acre portion with buildings situated thereon, having a civic address of 4440-28 AveMarch 31, 2009
1067Parcel A (Ref Plan 4632) of Lot 107, Group 2 NWD., Except: Part subdivided by PL 40534 also Save and Except portion of the NE corner of the premises have a frontage of 372' on 27B Ave. and being approximately 315' deep, occupied by Wideski, 4790 – 27B St.March 31, 2007
1068Lot B (Expl PL 5633) District Lot 107 Group 2 NWD and Lot 6 District Lot 183, NWD PL 42391March 31, 2007
1069Parcel A (Ref Plan 7741) of Lot 10 of District Lot 108 and 109 Group 2, Plan 3033, NWD (Except: the southerly 15 ft shown on Plan with bylaw filed 40665)March 31, 2007
1071R66 – Lot B of Lot 185, Group 2, Plan 17089, NWD;
R54 – Parcel 1 (Ref Plan 6994 of Parcel A of Lot 183, Group 2, except: Firstly: part subdivided by Plan 28898 and Secondly: Parcel C (Ref Plan 30741) NWD, also S&E those portions now occupied by railways, public roads, private access roads, the fenced site of BC Hydro's Terminal Station and the land between the Railway and 28th Ave but the vegetable storage building and access to it are not excluded from the agreement. The private access road to the residence and its site known as Deltaport Way and its occupants are excluded;
R51 – Parcel 3 (Ref Plan 9694) of Lot 183, Group 2 NWD Except: part subdivided by Plan 19032 of Parcel 2, Ref Plan 7637;
R52 – Parcel C (Ref Plan 6995) of Lot 183, Group 2, Except: Firstly: Parcel 2, (Ref Plan 7637) thereof and Secondly: Parcel 3 (Ref Plan 9694) thereof, NWD Save and Except: the dwelling with a civic address of 2625-41B Street and its site of approx 120'x100';
R56 – Parcel 2 (Ref Plan 7637) of DL 183, Group 2, Except: part subdivided by Plan 19032 NWD, Save and Except: the site with a civic address of 2825-41B Street of approximately 50'x150' (building demolished); and
R057-58 – Lots 1 and 2 of Lot 183, Group 2, Plan 19032, NWD
March 31, 2007
1073Lot 3 of District Lot 184 Group 2 Plan 839, NWD Except: Firstly: Parcel D (Plan 38001) and Secondly: dwelling and its site of 150' x 225' and access thereto, with the dwelling having a civic address of 2981-41B St. DeltaMarch 31, 2007
1087A portion of the SW 1/4 of Section 22, Township 5, NWDAugust 31, 2007
1089Part of Parcel C (Plan with fee deposited 52551F) District Lot 107, Group 2, NWDAugust 31, 2006
1090Lot 1 District Lot 108 Group 2 Plan 20071, NWDAugust 31, 2007
1091Lot 2 District Lot 108, Group 2 Plan 20071 NWDAugust 31, 2007
1095A strip running in a North-South direction being about 100' wide with a depth of about 1600' with the 100' frontage on 28th Ave., and a shed adjacent to the said strip; the strip and shed are located on the SW 1/4 of Section 22March 31, 2007
1099A portion of Parcel A (Ref Plan 4632) District Lot 107 Group 2 NWD Except Plan 40534May 31, 2007
1103Lot 3 Parcel 2 District Lot 183 Group 2, Plan 19032 NWDAugust 31, 2007

APPENDIX D–8

Applicable Form of Document Evidencing Interests in Appendix D–1

DRAFT

NEW WESTMINSTER LAND TITLE OFFICE TITLE NO.: BN1234A

APPLICATION FOR REGISTRATION  RECEIVED ON: 22 JUNE, 2006

ENTERED ON:  22 JUNE, 2006

REGISTERED OWNER IN FEE SIMPLE:

JOHN DOE, MEMBER OF TSAWWASSEN FIRST NATION
(address)

TAXATION AUTHORITY:

TSAWASSEN FIRST NATION

DESCRIPTION OF LAND:

PARCEL IDENTIFIER: 123-123-123
LOT 5 DISTRICT LOT 183 GROUP 2 NEW WESTMINSTER DISTRICT PLAN 42391

LEGAL NOTATIONS:

TRANSFER OF THIS FEE SIMPLE MAY BE RESTRICTED IN ACCORDANCE WITH SECTION X OF THE LAND TITLE ACT AND TSAWWASSEN FIRST NATION LAW

CHARGES, LIENS AND INTERESTS:

NATURE OF CHARGE

CHARGE NUMBER    DATE    TIME

STATUORY RIGHT OF WAY

AB123456    2002-04-25    14:38

REGISTERED OWNER OF CHARGE:

TERASEN GAS LTD.
    AB12345

REMARKS: INTER ALIA

"CAUTION – CHARGES MAY NOT APPEAR IN ORDER OF PRIORITY, SEE SECTION 28, L.T.A."

DUPLICATE INDEFEASIBLE TITLE:    NONE OUTSTANDING

TRANSFERS: NONE

PENDING APPLICATIONS: NONE

CORRECTIONS: NONE

APPENDIX D–9

Document 1 – Anode Bed Right of Way Agreement

(Corporation of Delta)

LAND TITLE ACT

FORM C

(Section 233)

Province of
British Columbia

GENERAL INSTRUMENT – PART 1    (This area for Land Title Office use)    PAGE 1 of 12 pages


1. APPLICATION: (Name, address, phone number and signature of applicant, applicant's solicitor or agent)


2. PARCEL IDENTIFIER AND LEGAL DESCRIPTION OF LAND:*

(PID)     (LEGAL DESCRIPTION)
see schedule


3. NATURE OF INTEREST:*

DESCRIPTION     DOCUMENT REFERENCE     PERSON
                         (Page and paragraph)        ENTITLED TO
                                                               INTEREST

RIGHT OF WAY                                         TRANSFEREE


4. TERMS: Part 2 of this instrument consists of (select one only)

(a) Filed Standard Charge Terms D.F. No.
(b) Express Charge Termsx Annexed as Part 2
(c) Release There is no Part 2 of this instrument

A selection of (a) includes any additional or modified terms referred to in Item 7 or in a schedule annexed to this instrument. If (c) is selected, the charge described in Item 3 is released or discharged as a charge on the land described in Item 2.


5. TRANSFEROR(S):*

TSAWWASSEN FIRST NATION


6. TRANSFEREE(S): (including postal address(es) and postal code(s))

THE CORPORATION OF DELTA, 4500 CLARENCE TAYLOR CRESCENT, DELTA,
BRITISH COLUMBIA, V4K 3E2


7. ADDITIONAL OR MODIFIED TERMS:*

N/A


8. EXECUTION(S): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s) described in Item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of a true copy of the filed standard charge terms, if any:

 Execution Date 
Officer Signature(s)
 
______________________________
 
(as to all signatures)
Y

 
 
 
 
M

 
 
 
 
D

 
 
 
 
Party(ies) Signature(s)
TSAWWASSEN FIRST NATION
by its authorized signatory(ies)
 
__________________________
Name:
__________________________
Name:
 Execution Date 
Officer Signature(s)
 
______________________________
 
(as to all signatures)
Y

 
 
 
 
M

 
 
 
 
D

 
 
 
 
Party(ies) Signature(s)
THE CORPORATION OF DELTA
by its authorized signatory(ies)
 
__________________________
Name:
__________________________
Name:

Officer Certification:

Your Signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.

* If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E.

 

 

LAND TITLE ACT

FORM E

SCHEDULE


Enter the Required Information in the Same Order as the Information Must Appear on the Freehold Transfer Form, Mortgage Form or General Document Form.

2. Parcel Identifier(s) and Legal Descriptions of Land

TERMS OF INSTRUMENT – PART 2

THIS AGREEMENT made [month, day, year]

BETWEEN:

[Tsawwassen First Nation]

(the "Transferor")

AND:

[Corporation of Delta]

(the "Transferee")

WHEREAS

A. The Transferor is the registered owner of that certain parcel or tract of land and premises known and described as follows:

INSERT LEGAL DESCRIPTION

(hereinafter called the "Lands")

B. Section 218 of the Land Title Act, R.S.B.C. 1996, c. 250 enables the Transferor to grant in favour of the Transferee an easement without a dominant tenement to be known as a Statutory Right of Way;

C. The Transferee desires to obtain from the Transferor a Statutory Right of Way to construct certain Works on, over and under the hereinafter described portion of the Lands;

D. The Statutory Right of Way herein granted is necessary for the operation and maintenance of the Transferee's undertaking.

1.0 DEFINITIONS

1.1 In these terms of instrument and the pages attached hereto (either before or after this page), which together comprise the document (herein the "Document"):

(a) "Agreement" means and includes the covenants, agreements and executions contained in the Document;

(b) "Transferee" means the Corporation of Delta and is named as the Transferee in Item 6 of the attached Form C;

(c) "Transferor" means the Tsawwassen First Nation and is named as the Transferor in Item 5 of the attached Form C;

(d) "Works" means an anode bed situated on and under the Lands;

2.0 GRANT

2.1 The Transferor hereby grants to the Transferee the full, free and uninterrupted right, licence, liberty, privilege, easement and right of way in common with the Transferor over those portions of the Lands (which portions are collectively called the "Statutory Right of Way") which are shown outlined in heavy black on Explanatory Plan No. [number] filed concurrently with this Agreement, a reduced copy of which plan is attached to this Agreement as Schedule A:

(a) to enter over, on, in, and under the Statutory Right of Way for the purposes of using, constructing, operating, removing, replacing, reconstructing, repairing and safeguarding thereon an anode bed;

(b) to bring on to the Statutory Right of Way all materials and equipment the Transferee requires or desires for the Works;

(c) to clear the Statutory Right of Way and keep it clear of anything which in the opinion of the Transferee constitutes or may constitute an obstruction to the use of the Statutory Right of Way or to the Works;

(d) to cross over the Lands for reasonable access to the Statutory Right of Way and make reasonable ancillary use of the Lands for carrying out the Works; and

(e) to do all acts which in the opinion of the Transferee are incidental to the foregoing.

3.0 DURATION

3.1 The duration of the Right of Way and the rights herein granted shall be for a term of for so long as required commencing on [Effective Date] (herein called the "Commencement Date") unless cancelled in accordance with the terms hereof.

4.0 RESTRICTION OF RIGHT OF WAY

4.1 The Transferee acknowledges and agrees that the Right of Way over the Lands will be exercised only over those portions shown outlined in bold on the Statutory Right of Way Plan attached as Schedule "A";

4.2 This Agreement shall not entitle the Transferee to exclusive possession of the Right of Way and the Transferor reserves the right to grant other dispositions of the Right of Way, or any part of it, for the purposes of public utilities, roads, water, sewer and drainage pipe systems, or any other purpose, so long as the grant does not materially affect or interfere with the exercise of the Transferee's rights hereunder.

4.3 If a dispute should arise as to whether a subsequent disposition materially affects or interferes with the exercise of the Transferee's rights hereunder then the dispute shall be referred to dispute resolution pursuant to sections 12.1 to 12.5 of this Agreement.

5.0 RELOCATION OF THE WORKS

5.1 If the Transferor for any reason whatsoever wishes to relocate the Works to a New Location (the "New Location") it shall provide 180 days written notice to the Transferee of its intention to do so.

5.2 The New Location must be of sufficient size to accommodate the Works and be equally suitable for the purposes of the Transferee.

5.3 The Transferor will pay for any reasonable costs of moving the Works to the New Location. As full compensation for all other costs, expenses and damages that the Transferee may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to dispute resolution pursuant to sections 12.1 to 12.5.

5.4 The Parties will do all acts and execute all required documents, including a new or amended statutory right of way plan, to give effect to the New Location.

5.5 All other terms and condition of this Agreement will apply to the New Location for the balance of the original term.

6.0 COVENANTS OF THE TRANSFEREE

6.1 The Transferee covenants with the Transferor:

(a) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged to the account of the Transferee which relate to the Works (herein called "Realty Taxes"), and which the Transferee is liable to pay;

(b) to pay when due all charges for electricity, gas, water and other utilities supplied to the Lands for use by, on behalf of or with the permission of the Transferee;

(c) to pay all accounts and expenses as they become due for work performed on or materials supplied to the Statutory Right of Way at the request, on the behalf or with the permission of the Transferee, except for money that the Transferee is required to hold back under the Builders Lien Act;

(d) if any claim of lien over the Lands is made under the Builders Lien Act for work performed on or materials supplied to the Statutory Right of Way at the request, on the behalf or with the permission of the Transferee, the Transferee shall immediately take all steps necessary to have the lien discharged, unless the claim of lien is being contested in good faith by the Transferee and the Transferee has taken the steps necessary to ensure that the claim of lien will not subject the Lands or any interest of the Transferee under this Agreement to sale or forfeiture;

(e) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent governmental authority in any way affecting the Statutory Right of Way and the Works;

(f) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the portions of the Statutory Right of Way or do or suffer to be done thereon anything that may be or become a nuisance or annoyance to the Transferor, except to the extent required by the Transferee acting reasonably, to exercise its rights under this Agreement;

(g) to take all reasonable steps and precautions to minimize the disturbance of any archaeological material discovered by the Transferee on the Lands and to immediately notify the Transferor;

(h) not to bury debris or rubbish of any kind on the Lands in excavations or backfill, and to remove shoring and similar temporary structures as backfilling proceeds;

(i) to deliver to the Transferor from time to time, upon demand, proof of insurance provided for in subsection 6.1 (p) and receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the Transferee required to be observed by the Transferee pursuant to this Agreement;

(j) to indemnify and save the Transferor harmless from and against all losses, damages, costs and liabilities including fees of solicitors and other professional advisors arising out of:

(i) any breach, violation or non-performance by the Transferee of any of the Transferee's covenants, conditions or obligations under this Agreement, or

(ii) any act or omission on the part of the Transferee in respect of or in relation to its Works including the construction, maintenance, operation or decommissioning or removal of its Works;

(k) to keep the Statutory Right of Way in a safe, clean and sanitary condition to the extent the condition relates to the use or occupation of the Lands by the Transferee, and on written notice from the Transferor, rectify any failure to comply with such a covenant by making the Statutory Right of Way or any portion of the Lands or any Works thereon safe, clean and sanitary;

(l) to permit the Transferor, or his authorized representative to enter upon the Statutory Right of Way at any time to examine its condition;

(m) to use and occupy the Statutory Right of Way in accordance with the provisions of this Agreement;

(n) exercise care not to damage the Lands or any improvements on the Lands and if the Transferee should cause any such damage, restore such damaged Lands or improvements thereon to as close to their pre-damaged condition as is reasonably practical with reasonable dispatch or where the Transferee deems restoration to be impractical, reimburse the Transferor for all damage the Transferee has caused but not restored;

(o) on the expiration or at the earlier cancellation of this Agreement,

(i) to quit peaceably and deliver possession of the Statutory Right of Way to the Transferor;

(ii) to restore the Lands and Statutory Right of Way used by the Transferee to the reasonable satisfaction of the Transferor; and

(iii) to remove the Works and all buildings, machinery, apparatus, plant equipment, fixtures and other improvements to or things on the Statutory Right of Way from the Lands within 90 days, and any of the aforesaid improvements and things that remain thereafter shall be absolutely forfeited to and become the property of the Transferor;

and to the extent necessary, this covenant shall survive the expiration or cancellation of this Agreement;

(p) to effect and keep in force during the term of this agreement, insurance protecting the Transferor and the Transferee (without any rights of cross-claim or subrogation against the Transferor) against any claims for personal injury, death, property damage or third party, or public liability claims arising from any accident or occurrence on the Lands to an amount not less than ONE MILLION DOLLARS ($1,000,000.00) except that so long as the Transferee is The Corporation of Delta, the Transferor will waive the requirements of this subsection on the delivery to the Transferor of confirmation that the Transferee is self-insured;

(q) notwithstanding subsection 6.1 (p), the Transferor may from time to time notify the Transferee that the amount of insurance posted by the Transferee pursuant to that subsection be changed and the Transferee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection 6.1 (p) to be changed to the amount specified by the Transferor acting reasonably, in the notice and deliver to the Transferor written confirmation of the change, except that when the Transferee is self-insuring this subsection shall not apply; and

(i) not to interfere with the rights of any other person to enter on and use the Statutory Right of Way and Lands under a prior or subsequent disposition granted by the Transferor so long as such use does not materially affect or interfere with the exercise of the Transferee's rights under this Agreement.

7.0 ASSIGNMENT

7.1 The Transferee shall not assign this Agreement or the interest of the Transferee in it or grant a license to occupy any part of the Lands without the prior written consent of the Transferor, which consent shall not be unreasonably withheld.

7.2 Notwithstanding section 7.1, the Transferee may, without the prior written consent of the Transferor:

7.3 assign its interest in all or a part of the Lands to another local governmental authority; or

7.4 sublicense its interest in all or part of the Lands to a Federal, Provincial or other governmental agency or department.

8.0 CANCELLATION

8.1 Should the Transferee omit, fail or neglect to carry out one of its obligations contained in this Agreement or do some act contrary to its obligations contained in this Agreement or otherwise breaches this agreement:

(a) the Transferor shall provide notice of such breach in writing to the Transferee; and

(b) the Transferee shall within thirty days of the receipt of notice or such longer period of time to which the parties may mutually agree, remedy the breach; and

(c) if the breach is not remedied within thirty days or such further time as mutually agreed, then the Transferor may at its option either

(i) cancel this Agreement and, notwithstanding subsection 6.1 (o), the Works shall be forfeited to and become, the property of the Transferor, or

(ii) enter onto the Lands and rectify such default to the extent considered necessary by it and the cost of doing so shall be a debt due and owing to the Transferor by the Transferee with interest to accrue at the prime rate of [bank] as of the date of the notice.

8.2 If this Agreement is taken in execution or attachment by any person, or the Transferee commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Transferor may, on 90 days written notice to the Transferee, cancel this Agreement and the rights herein granted.

8.3 If the Transferee ceases to use the Statutory Right of Way for the purposes permitted herein and the Transferee does not recommence its use of the Statutory Right of Way within 180 days of receipt of written notice from the Transferor, the Transferor may immediately cancel this Agreement and the rights herein granted.

8.4 The rights of the Transferor under sections 9.1 to 9.4 shall survive the expiration or earlier cancellation of this Agreement.

9.0 SECURITY

9.1 The security in the sum of $1.00 and all rights, privileges, benefits and interests accruing thereto delivered by the Transferee to the Transferor (herein called the "Security") to guarantee the performance of the Transferee's obligations under this Agreement shall be maintained in effect until such time as the Transferor certifies in writing that such obligations have been fully performed. So long as the Transferee is The Corporation of Delta or other local governmental authority, the Transferor will waive the requirement of this section.

9.2 In the event the Transferee should default in the performance of any of its obligations hereunder, it shall be lawful for the Transferor, in its sole discretion, to sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Transferor.

9.3 The rights of the Transferor under this section shall be deemed to continue in full force and effect notwithstanding the expiration or cancellation of this Agreement.

9.4 Notwithstanding any amount of Security stated to be required under section 9.1 the Transferor may from time to time by notice to the Transferee, demand the amount to be changed to that specified in a notice and the Transferee shall, within 60 days of such notice change the Security to that specified and provide the Transferor with evidence of the change, except that while Security is waived under section 9.1, this section shall not apply.

10.0 NOTICE

10.1 Where service of a notice or a document is required under this Agreement, the notice or document shall be in writing and shall be forwarded to the addresses for the Transferor and the Transferee specified on the first page of this Agreement.

10.2 If any question arises as to the date on which such notice or document was communicated to any party, it will be deemed to have been given:

(a) on the next business day if it is delivered personally, or sent by courier or by fax; or

(b) on the eighth day after its deposit in a Canada Post office at any place in Canada, if sent by registered mail.

10.3 If there is a disruption in mail services caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

10.4 Either party may, by notice in writing to the other, specify another address for service of notices under this Agreement and where another address is specified under this section, notices shall be delivered or mailed to that address in accordance with this section.

11.0 MISCELLANEOUS

11.1 A breach of any term, condition, covenant or other provision herein may only be waived in writing and any such waiver shall not be construed as or constitute a waiver of any further or other breach. Consent or approval of any act where consent or approval is required under this Agreement, shall not be construed as consent to or approval of any subsequent similar act.

11.2 No remedy set out in this Agreement is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

11.3 The terms and provisions of this Agreement shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns.

11.4 Time is of the essence in this Agreement.

12.0 DISPUTE RESOLUTION

12.1 In this section, "dispute" means any dispute arising out of or in connection with this Agreement.

12.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

12.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct mediation under its mediation rules of procedure.

12.4 If a dispute is not settled within 30 days of the appointment of the mediator or any further period of time agreed to by the parties, the parties may, by agreement, submit the dispute to a single arbitrator for final arbitration in accordance with the arbitration rules of procedure of the BCICAC.

12.5 If the parties fail to agree to submit the dispute to arbitration under section 12.4, or the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, either party may commence proceedings in relation to the dispute in any court of competent jurisdiction.

13.0 INTERPRETATION

13.1 In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

13.2 The captions and headings contained in this Agreement are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

13.3 Where in this Agreement there is a reference to an enactment of the Province of British Columbia or of Canada, that reference shall include a reference to any subsequent enactment of like effect, and unless the context otherwise requires all statutes referred to herein are enactments of the Province of British Columbia.

13.4 If any section of this Agreement or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts or sections, as the case may be, shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

14.0 IT IS MUTUALLY UNDERSTOOD, AGREED AND DECLARED by and between the Parties hereto that

(a) the covenants herein contained shall be covenants running with the Lands, and

(b) none of the covenants herein contained shall be personal or binding upon the parties hereto SAVE AND EXCEPT during the Transferor's ownership of the Lands but that the Lands shall, during the term of this agreement nevertheless, be and remain at all times charged therewith.

15.0 AND THAT, save as aforesaid, nothing in these presents shall be interpreted so as to restrict or prevent the Transferor from using the Statutory Right of Way in any manner that does not interfere with functioning and access to the Works.

16.0 AND THAT nothing herein contained shall be deemed to authorize the Transferee to construct, install or maintain any other a public works or utilities, other than the Works, in the Statutory Right of Way.

17.0 The expressions "Transferor" and "Transferee" herein contained shall be deemed to include the executors, administrators, successors and assigns of such parties wherever the context or the Parties hereto so require.

18.0 This indenture shall enure to the benefit of and be binding upon the Parties hereto, their executors, administrators, successors and permitted assigns respectively.

19.0 IN WITNESS THEREOF the Agreement contained in the Document has been executed on one or more pages of the Document.

SCHEDULE "A"

Statutory Right of Way Plan

Document 2 – Public Access Right of Way Agreement

(British Columbia)

LAND TITLE ACT

FORM C

(Section 233)

Province of British Columbia

GENERAL INSTRUMENT – PART 1    (This area for Land Title Office use)    PAGE 1 of 10 pages

1. APPLICATION: (Name, address, phone number and signature of applicant, applicant's solicitor or agent)


2. PARCEL IDENTIFIER AND LEGAL DESCRIPTION OF LAND:*

(PID)     (LEGAL DESCRIPTION)
see schedule


3. NATURE OF INTEREST:

DESCRIPTION     DOCUMENT REFERENCE     PERSON
                         (Page and paragraph)        ENTITLED TO
                                                               INTEREST

STATUTORY RIGHT OF WAY                      TRANSFEREE


4. TERMS: Part 2 of this instrument consists of (select one only)

(a) Filed Standard Charge Terms D.F. No.
(b) Express Charge Termsx Annexed as Part 2
(c) Release There is no Part 2 of this instrument

A selection of (a) includes any additional or modified terms referred to in Item 7 or in a schedule annexed to this instrument. If (c) is selected, the charge described in Item 3 is released or discharged as a charge on the land described in Item 2.


5. TRANSFEROR(S):

TSAWWASSEN FIRST NATION


6. TRANSFEREE(S): (including postal address(es) and postal code(s))

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by THE MINISTER OF ●


7. ADDITIONAL OR MODIFIED TERMS:*

N/A


8. EXECUTION(S): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s) described in Item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of a true copy of the filed standard charge terms, if any:

 Execution Date 
Officer Signature(s)
 
______________________________
 
(as to all signatures)
Y

 
 
 
 
M

 
 
 
 
D

 
 
 
 
Party(ies) Signature(s)
TSAWWASSEN FIRST NATION
by its authorized signatory(ies)
 
__________________________
Name:
__________________________
Name:
 Execution Date 
Officer Signature(s)
 
______________________________
 
(as to all signatures)
Y

 
 
 
 
M

 
 
 
 
D

 
 
 
 
Party(ies) Signature(s)
HER MAJESTY THE QUEEN
IN RIGHT OF THE PROVINCE OF
BRITISH COLUMBIA
,
as represented by
THE MINISTER OF
by its authorized signatory(ies)
 
__________________________
Name:
__________________________
Name:

Officer Certification:

Your Signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.

* If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E.

LAND TITLE ACT

FORM E

SCHEDULE

Enter the Required Information in the Same Order as the Information Must Appear on the Freehold Transfer Form, Mortgage Form or General Document Form.

2. Parcel Identifier(s) and Legal Descriptions of Land

TERMS OF INSTRUMENT – PART 2

WITNESS THAT WHEREAS the Transferor has agreed to grant to the Transferee a statutory right of way over that parcel of land described in item 2 of Part 1 of this instrument (hereinafter referred to as the "Land") for the purpose of public access to the dike on the Land for which the Transferor is the Diking Authority;

AND WHEREAS the statutory right of way herein granted is necessary for the operation and maintenance of the Transferee's undertaking;

NOW THEREFORE, for valuable consideration and the covenants of the Transferee, the parties agree as follows:

1.0 Grant of Statutory Right of Way

1.1 The Transferor, on the terms set forth herein, hereby grants to the Transferee, in perpetuity, the non-exclusive statutory right of way (herein called the "Right of Way") over the Land for the Transferee, its licensees, agents, employees, invitees and permittees (including the general public) between dawn and dusk at their will and pleasure to:

(a) enter, go, be, return, pass and repass on, over, through and along the Land by foot, for access to and use of the Land, for recreational activity purposes; and

(b) do all acts or things necessary or incidental to the foregoing;

to have and to hold unto the Transferee, from and after the date of this Agreement, unless and until discharged by the Transferee in accordance with section 1.2, provided that nothing in this Agreement grants to the Transferee, its licensees, agents, employees, invitees and permittees (including the general public) the right to construct any improvements or destroy any vegetation in or on the Land.

1.2 All of the rights, licences, liberties, privileges, easements and statutory rights of way granted in this Agreement will exist and continue in perpetuity unless and until discharged by the Transferee.

1.3 The rights, licences, liberties, privileges, easements, statutory rights of way and covenants in this Agreement will run with and bind the Land, in perpetuity.

2.0 Restriction of Right of Way

2.1 The Transferee acknowledges and agrees that the Right of Way over the Land set forth in section 1.1 will be exercised only over those portions of the Land shown outlined in bold on the sketch plan attached as Schedule "A" ("Right of Way Area"), and the Transferee will not otherwise exercise or otherwise attempt to exercise its Right of Way over the Land under section 1.1.

2.2 The Right of Way granted by section 1.1 will be subject to the right of the Transferor to:

(a) use the Right of Way Area in a manner that does not disrupt or interfere with the Transferee, its licensees, agents, employees, invitees and permittees (including the general public) in the exercise of rights under this Agreement; and

(b) restrict access to the Right of Way Area on a temporary basis from time to time as may be reasonably required for the maintenance and operation of the dike.

3.0 Covenants of the Transferor

3.1 The Transferor covenants with the Transferee that, subject to section 2.2:

(a) the Transferee shall and may peaceably enjoy and hold the rights granted in this Agreement without interruption, disturbance, molestation or hindrance whatsoever from the Transferor or any other person lawfully claiming from or under the Transferor;

(b) the Transferor will not permit or make, place, erect, operate, use or maintain any building, structure, foundation, pavement, excavation, well, pile of material, obstruction, equipment, thing or inflammable substance, or plant any growth upon the Right of Way Area, if any such action or thing, in the reasonable opinion of the Transferee:

(i) may obstruct access to the Right of Way Area or any part thereof by those authorized by the Transferee; or

(ii) may by its operation, use, maintenance or existence on the Right of Way Area create or increase any hazard to persons or property in relation to the Right of Way Area.

4.0 Notices

4.1 Where service of a notice or a document is required under this Agreement, the notice or document shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Transferor and the Transferee, as the case may be, at the addresses specified for each on the first page of this Agreement, and where service is by registered mail the notice or document shall be conclusively deemed to be served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail services caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

4.2 Either party may, by notice in writing to the other, specify another address for service of notices under this Agreement and where another address is specified under this section, notices shall be mailed to that address in accordance with this section.

5.0 Miscellaneous

5.1 A breach of any term, condition, covenant or other provision herein may only be waived in writing and any such waiver shall not be construed as or constitute a waiver of any further or other breach. Consent or approval of any act where consent or approval is required under this Agreement, shall not be construed as consent to or approval of any subsequent similar act.

5.2 The terms and provisions of this Agreement shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns.

5.3 Time is of the essence in this Agreement.

6.0 Interpretation

6.1 In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

6.2 The captions and headings contained in this Agreement are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

6.3 Where in this Agreement there is a reference to an enactment of the Province of British Columbia or of Canada, that reference shall include a reference to any subsequent enactment of like effect, and unless the context otherwise requires all statutes referred to herein are enactments of the Province of British Columbia.

6.4 If any section of this Agreement or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts or sections, as the case may be, shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

SCHEDULE "A"

Sketch Plan showing Location of the Right of Way Area

Document 3 – Transmission Right of Way Agreement

(British Columbia Hydro and Power Authority)

Land Title Act

Form C

(Section 233)

Province of British Columbia

GENERAL INSTRUMENT – PART 1    (This area for Land Title Office use)    PAGE 1 of 16 pages

1. Application: (Name, address, phone number and signature of applicant, applicant's solicitor or agent)


2. Parcel Identifier and Legal Description of Land:

(PID)     (LEGAL DESCRIPTION)


3. Nature of Interest:*

DESCRIPTION     DOCUMENT REFERENCE     PERSON
                         (Page and paragraph)        ENTITLED TO
                                                               INTEREST

RIGHT OF WAY                                         TRANSFEREE


4. Terms: Part 2 of this instrument consists of (select one only)

(a) Filed Standard Charge Terms D.F. No.
(b) Express Charge Termsx Annexed as Part 2
(c) Release There is no Part 2 of this instrument

A selection of (a) includes any additional or modified terms referred to in Item 7 or in a schedule annexed to this instrument. If (c) is selected, the charge described in Item 3 is released or discharged as a charge on the land described in Item 2.


5. Transferor(S):

TSAWWASSEN FIRST NATION


6. Transferee(s): (including occupation(s), postal address(es) and postal code(s))

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY, 8th Floor - 333 Dunsmuir Street, Vancouver, BC, V6B 5R3


7. ADDITIONAL OR MODIFIED TERMS:*


8. Execution(S): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s) described in Item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of a true copy of the filed standard charge terms, if any:

 Execution Date 
Officer Signature(s)
Y

 
 
 
 
M

 
 
 
 
D

 
 
 
 
Party(ies) Signature(s)

Officer Certification:

Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1979, c. 116, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.

* If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E.

** If space insufficient, continue executions on additional page(s) in Form D.

TRANSMISSION RIGHT OF WAY

This Agreement is made as of __________________________, 200__________,

Between:

Tsawwassen First Nation

131 North Tsawwassen Drive, Delta, BC, V4M 4G2

(the "Grantor")

And:

British Columbia Hydro and Power Authority, a corporation continued under the Hydro and Power Authority Act, R.S.B.C. 1996, c.212

("Hydro")

WHEREAS:

A. The Grantor, Canada and British Columbia have entered into a Final Agreement as hereinafter defined.

B. In accordance with the Final Agreement, the Grantor wishes to provide the grants, as herein provided, to Hydro with respect to the Grantor's Lands as hereinafter defined,

NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the premises and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties, the parties hereto covenant and agree as follows:

1.0 Definitions

1.1 In this Agreement:

(a) "Access Improvements" has the meaning ascribed to it in subparagraph 2.1 (c) (v) (A);

(b) "Affiliate" has the meaning ascribed it in the Business Corporations Act, S.B.C. 2002, c. 57, as amended or replaced from time to time;

(c) "Area of the Works" means the Right of Way Area and those portions of the Lands located within 10 metres on both sides of the Right of Way Area;

(d) "Agreement" means this Agreement and all schedules attached to it;

(e) "Effective Date" means the date upon which the Final Agreement will take effect;

(f) "Environment" means all the components of the earth including, without limitation, all layers of the atmosphere, air, land (including, without limitation, all underground spaces and cavities and all lands submerged under water), soil, water (including, without limitation, surface and underground water), organic and inorganic matter and living organisms, the interacting natural systems that include the foregoing and all other external conditions or influences under which humans, animals and plants live or are developed;

(g) "Excluded Right of Way Areas" means any right of way area or corridor that is not part of the Lands but in whole or in part passes through the Lands or is adjacent to such Lands;

(h) "Final Agreement" means the Tsawwassen First Nation Final Agreement among the Grantor, Canada and British Columbia;

(i) "Lands" means the lands and premises as are legally described in Schedule "A" and as are shown in Schedule "B", which are both attached to this Agreement;

(j) "Right of Way Area" means those portions of the Lands described in Schedule "C" attached to this Agreement, as they may be modified under this Agreement; and

(k) "Works" means all things and components, using any type of technology from time to time, necessary or convenient for the purposes of distributing and/or transmitting electricity, telecommunications or communications by any method or process whatsoever, including poles, towers, antennae (except for monopole free standing antennae), anchors, guy wires, brackets, cross arms, insulators, foundations, overhead and underground conductors, wires, lines, cables and transformers, underground conduits and pipes, access nodes, cabinets all ancillary appliances and fittings, reasonably required associated protective installations, and related works such as fencing for safety or security, devices and identifying colours for aircraft warning, and utility services for the operation of any of the foregoing.

1.2 With respect to any obligation on the part of Hydro under this Agreement, any reference to Hydro includes its respective servants, officers, employees, agents, contractors, sub-contractors, invitees, licensees, successors, permitted assigns, and those for whom Hydro is responsible in law.

2.0 Rights Related to Right of Way Area

2.1 The Grantor grants over the Lands to Hydro and its employees, representatives, contractors, agents, licensees, successors and assigns for so long as required the uninterrupted right, liberty and right of way to:

(a) use the Right of Way Area as follows:

(i) excavate for, construct, install, erect, abandon, replace, extend, upgrade, operate, maintain, remove and repair the Works on, over, under, across and through the Right of Way Area; and

(ii) clear the Right of Way Area and keep it cleared (including removal or pruning) of any vegetation, including without limitation trees, at any time located therein; and

(b) use the Area of the Works as follows:

(i) enter, work, inspect, pass and repass upon, on, and along the Area of the Works;

(ii) construct, maintain, repair, replace and use trails, roads, lanes, and bridges on the Area of the Works including in addition any portions reasonably required adjacent to the Area of the Works for the sake of continuity, with or without equipment, machinery and materials to such extent as may reasonably be required by Hydro in relation to this Agreement;

(iii) clear the Area of the Works and keep it cleared of all or any part of any obstruction, improvement or other matter which, in the reasonable opinion of Hydro might interfere with or endanger the Works, disrupt service to Hydro's customers, or pose a hazard to persons or property in relation to the Works; and

(iv) clear the Area of the Works and keep it cleared (including removal or pruning) of all or any part of any vegetation, including without limitation trees, which do or might, in the reasonable opinion of Hydro interfere with or endanger the Works, disrupt service to Hydro's customers, or pose a hazard to persons or property in relation to the Works;

(c) to enjoy further rights as follows:

(i) Hydro may, cut vegetation, including without limitation trees, outside the Area of the Works, if in the opinion of Hydro such vegetation and/or trees, might interfere with or endanger the Works (whether on or off the Lands) or pose a hazard to persons or property in relation to the Works. Hydro will, except in an emergency, give the Grantor written notice prior to exercising its rights under this subsection;

(ii) Hydro may install, maintain and use gates in all fences which are now, or hereafter shall be on the Right of Way Area, and in fences affecting access to the Area of the Works;

(iii) Hydro may ground any structures, installation or things, by whomsoever owned, from time to time situated anywhere on the Right of Way Area or adjacent Lands where, in the reasonable opinion of Hydro, such grounding will eliminate or reduce hazard to persons or property in relation to the Works;

(iv) Hydro may pass and repass over, and maintain, repair, replace and use all trails, roads, lanes, and bridges on the Lands outside the Area of the Works with or without equipment, machinery and materials to such extent as may reasonably be required by Hydro in relation to this Agreement;

(v) where there are no suitable trails, roads, lanes, or bridges under paragraph 2.1 (c) (iv), Hydro may either:

A. construct, maintain, repair, replace, use, pass and repass over trails, roads, lanes, and bridges on the Lands, (collectively referred to as "Access Improvements"); or

B. pass and repass over the Lands elsewhere than on trails, roads, lanes, and bridges, with or without equipment, machinery and materials to such extent as may reasonably be required by Hydro in relation to this Agreement, subject to approval of the route by the Grantor, such approval not to be unreasonably withheld, conditioned or delayed, provided that in the case of an emergency or reasonably apprehended emergency Hydro does not require the prior approval of the Grantor under this subsection but will report to the Grantor the purpose and extent of the access as soon as practicable;

(vi) to conduct vegetation management upon the Area of the Works, such as the planting of vegetation compatible with the undertakings of Hydro, and the application of pesticides on the Lands; and

(vii) Hydro may enter onto the Lands outside the Area of the Works for the purpose of undertaking works to protect any Works located within the Lands or within the Excluded Right of Way Areas or to protect persons or property that may be at risk from such Works, provided that:

A. Hydro will before commencing such works deliver to the Grantor for approval a written work plan describing the proposed work on the Lands;

B. the Grantor will not unreasonably withhold, condition or delay approval of such work plan, and shall take into consideration the effect of the proposed work, the cost of the proposed work compared to the cost of alternate solutions and the extent of the risk of not undertaking the work. If Hydro and the Grantor, each acting reasonably, cannot agree on a work plan requested by Hydro within 30 days of receipt by the Grantor of the proposed work plan, then either party may refer the disagreement to dispute resolution under section 14.1 of this Agreement;

C. Hydro will pay compensation for any damage to the Lands resulting from the implementation of the work plan;

D. in the case of an emergency or reasonably apprehended emergency Hydro may, without the approval of the Grantor, undertake works and take such steps on the Lands as are reasonably required to be taken immediately in order to protect the Works, or to protect persons or property that may be at risk from the Works, and in that event Hydro will as soon as reasonably possible thereafter notify the Grantor; and

E. generally, do all such other acts or things as may reasonably be necessary or incidental to the business of Hydro in connection with any of the foregoing.

3.0 Right of Way Area

3.1 The parties acknowledge that they have made reasonable efforts to identify all the existing Works and related Right of Way Area as of the date of this Agreement. However, as there may still be some Works that were missed in the identification process the parties agree that for such Works the Grantor grants to Hydro for so long as required, a right of way over those portions of the Lands upon which such Works are located on the following terms:

(a) for such Works, Hydro holds the same rights, privileges and obligations as apply to Hydro for the use of the Right of Way Area and the Area of the Works under this Agreement, including the right of reasonable access over the Lands for the purpose of gaining access to such Works; and

(b) the Grantor may at any time require Hydro to attach a revised survey plan to this Agreement to include those additional portions of the Lands.

4.0 Non-Exclusive Use

4.1 This Agreement will not entitle Hydro to exclusive possession of the Hydro Right of Way Area or other parts of the Lands and the Grantor reserves the right to grant other dispositions of any Lands affected by this Agreement, so long as the grant does not materially affect or interfere with the exercise of Hydro's rights under this Agreement.

5.0 Protection of the Environment

5.1 Hydro will undertake activities permitted under this Agreement having regard for the impact on the Environment, and will take prudent measures to minimize the danger or disruption to the Environment.

6.0 Covenants of Hydro

6.1 Hydro covenants separately with the Grantor that:

(a) Hydro shall pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged to the account of Hydro which relate to the Works and which Hydro is liable to pay;

(b) Hydro shall keep the portions of the Lands used by Hydro under this Agreement in a safe, clean and sanitary condition to the extent the condition relates to the use or occupation of the Lands by Hydro, and on written notice from the Grantor, to make safe, clean, and sanitary any portion of them that contravene the provisions of this covenant, provided that Hydro has no obligation to keep any portion of the Lands suitable for use by anyone except Hydro;

(c) Hydro shall bury and maintain all underground works as may be required so as not to unduly interfere with the drainage of the Lands;

(d) Hydro shall take all reasonable steps and precautions to minimize disturbance of any archaeological material discovered by Hydro on the Right of Way Area, and to immediately notify the Grantor;

(e) Hydro shall not bury debris or rubbish of any kind on the Lands in excavations or backfill, and to remove shoring and similar temporary structures as backfilling proceeds;

(f) Hydro shall not commit or suffer any wilful or voluntary waste, spoil or destruction on the Right of Way Area, or do or suffer to be done thereon anything that may be or become a nuisance or annoyance to the Grantor, except to the extent required by Hydro acting reasonably, to exercise its rights under this Agreement; and

(g) Hydro shall permit the Grantor to enter upon the Right of Way Area at any time to examine its condition.

7.0 Work Plans

7.1 Except in the case of an emergency or reasonably apprehended emergency, Hydro will provide to the Grantor a written work plan describing the proposed work located on, outside or related to the Right of Way Area prior to undertaking any of the following work under this Agreement:

(a) construction of any new Works;

(b) relocation of any Works; and

(c) construction or relocation of any Access Improvements.

In accordance with this section 7.1, prior to undertaking any work, Hydro will deliver a copy of the work plan to the Grantor for comment by the Grantor. The Grantor will no more than thirty (30) days after receiving the work plan, provide to Hydro in writing any comments that it may have, and Hydro will use reasonable efforts to accommodate any suggestions or requests presented by the Grantor to Hydro provided they do not result in delays, increased costs or technical difficulties.

8.0 Relocation of Works Due to Change

8.1 If a material change occurs to the Lands, such as erosion, which for any reason makes the continued use of any portion of the Right of Way Area or the Excluded Right of Way Area unsuitable for any of the Works, then the Grantor will consent to the relocation and replacement of such Works to a new location on the Lands, as follows:

(a) Hydro will before undertaking any work, deliver a work plan to the Grantor indicating the contemplated relocation of the Works for approval by the Grantor, which approval will not be unreasonably withheld, delayed or conditioned;

(b) Hydro will take into account any likely material effect of the relocated Works on adjacent lands, and the Grantor will take into account the cost efficiencies of the location selected by Hydro for the relocated Works in relation to alternative locations;

(c) the relocated Works will be covered by the terms and conditions of this Agreement; and

(d) if Works are relocated from the Excluded Right of Way Area to the Lands Hydro will pay the Grantor the fair market value of the new Right of Way Area provided the Grantor has not caused any portion of such Excluded Right of Way Area to become unsuitable for any of the Works.

9.0 Relocation of Works at the Request of the Grantor

9.1 If the Grantor requires a portion of the Right of Way Area for other purposes, then upon written request by the Grantor, Hydro will relocate any Works in the Right of Way Area to a new location on the Lands, provided that:

(a) the new location is, in the reasonable opinion of Hydro, suitable for use for the relocated Works considering construction, maintenance and operation, and cost factors;

(b) the Grantor gives Hydro reasonable notice to permit proper design, planning and construction of the Works to be relocated;

(c) the Grantor agrees to pay all reasonable costs and expenses, including costs of design, supervision and construction (before any relocation, the Grantor will pay the costs and expenses as estimated by Hydro, with appropriate adjustments based on actuals after the relocation is complete); and

(d) the rights, liberties and rights of way under this Agreement will extend to the relocated Works and associated areas.

10.0 Removal of Works

10.1 If Hydro no longer requires all or a portion of the Right of Way Area, then Hydro shall, in respect of such Right of Way Area:

(a) quit peaceably such Right of Way Area;

(b) remove any Access Improvements no longer required in relation to such Right of Way Area;

(c) remove all above ground Works from such Right of Way Area within a reasonable period of time and any Works remaining on that portion of the Right of Way Area will be absolutely forfeited to and become the property of the Grantor. If the Grantor removes any remaining above ground Works within four (4) years, Hydro will, on demand by the Grantor, reimburse the Grantor for all reasonable costs of removal; and

(d) remain liable for any environmental damage to the Lands arising from any below ground Works that remain on or in such Right of Way Area, except if the Grantor uses or authorizes the use of any of the remaining below ground Works for any purpose then Hydro will not be liable for any environmental damage caused by the Grantor's use, or authorized use; and to the extent necessary, this covenant will survive the termination of this Agreement.

11.0 Covenants of the Grantor

11.1 The Grantor covenants with Hydro that:

(a) Hydro shall and may peaceably enjoy and hold its rights under this Agreement without interruption, disturbance, molestation or hindrance whatsoever from the Grantor or any other person lawfully claiming from or under the Grantor, provided however that nothing in this subsection 11.1 (a) shall limit the Grantor's right of inspection pursuant to subsection 6.1 (g);

(b) the Grantor will not permit or make, place, erect, operate, use or maintain any building, structure, foundation, pavement, excavation, well, fill, pile of material, obstruction, equipment, thing or inflammable substance, or plant any vegetation upon the Area of the Works, if any such action or thing, in the reasonable opinion of Hydro:

(i) may interfere with or endanger the Works or any part thereof or the installation, operation, maintenance, removal or replacement of the Works or any part thereof;

(ii) may obstruct access to the Works or any part thereof by those authorized by Hydro; or

(iii) may by its operation, use, maintenance or existence on the Area of the Works, create or increase any hazard to persons or property in relation to the Works;

(c) the Grantor will not diminish or increase the ground elevation in the Right of Way Area by any method, including piling any material or creating any excavation, drain, or ditch in the Right of Way Area, unless permission in writing from Hydro has first been received, which permission will not be unreasonably withheld, conditioned or delayed;

(d) the Grantor will not carry out blasting or aerial logging operations on or adjacent to the Area of the Works without prior written permission from Hydro, which permission will not be unreasonably withheld, conditioned or delayed;

(e) the Grantor will not use or authorize the use of the portions of the Right of Way Area for the regular, or organized parking of vehicles without the prior written permission from Hydro, which permission will not be unreasonably withheld, conditioned or delayed, provided that nothing in this subsection is intended to prevent safe temporary parking of vehicles;

(f) the Grantor will not park, or authorize to be parked on the Right of Way Area any vehicle or equipment if the parking of such vehicle does not comply with the requirements of the Canadian Standards Association's Canadian Electrical Code, as may be amended from time to time; and

(g) the Grantor will not use, or authorize the use of the Right of Way Area for fuelling any vehicle or equipment.

12.0 Compensation for Damages

12.1 Subject to the rights granted in this Agreement, Hydro covenants with the Grantor that if Hydro or its contractors, damage any structures, buildings, fixtures, improvements, or chattels outside of the Area of the Works, or damage any crops, merchantable timber, livestock, drains, ditches, culverts, fences, trails, bridges, or roads on the Lands, and such damage is not caused as a result of the Grantor's breach of the terms of this Agreement or the negligence or willful act of the Grantor or its contractors, agents or permittees, that Hydro will:

(a) compensate the Grantor for such damages, to the extent caused by Hydro; or

(b) within a reasonable period of time, repair in a good and workman-like manner any damaged structure, building or improvement, as closely as is practicable to its condition immediately prior to the damage.

12.2 Compensation paid to the Grantor for merchantable timber pursuant to section. 12.1 will be in accordance with generally accepted principles of timber valuation and the parties agree that on payment, title to any timber cut on the Lands under this Agreement will vest in Hydro.

13.0 Indemnity

13.1 Hydro will save harmless and indemnify the Grantor from and against all claims, demands, actions, suits or other legal proceedings by whomsoever made or brought against the Grantor by reason of or arising out of:

(a) any breach, violation or non-performance by Hydro of any of Hydro's covenants, conditions or obligations under this Agreement; and

(b) any act or omission on the part of Hydro in respect of or in relation to its Works including the construction, maintenance, operation or decommissioning of its Works, but only to the extent any such matter is found to be the responsibility of Hydro and was not contributed to by the negligence of, or breach, violation or non-performance by, the Grantor or those for whom the Grantor is responsible at law, and not for any matters based on nuisance or the rule in Rylands v. Fletcher unless Hydro was negligent.

14.0 Dispute Resolution

14.1 Any dispute arising out of or in connection with this Agreement will be resolved as follows:

(a) the parties will attempt to resolve disputes by negotiations, including timely disclosure of all relevant facts, information and documents;

(b) either party may, at any time, by written notice request that the dispute be referred to mediation, conducted by a mediator, knowledgeable about the matters in dispute;

(c) if the dispute is not resolved within thirty (30) days of the notice to mediate under subsection (b) or any further period of time agreed to by the parties, then, on the agreement of the parties, the dispute may be referred to a single arbitrator for final resolution in accordance with the provisions of the British Columbia Commercial Arbitration Act. If the parties do not agree to arbitration, then any party may refer the matter to a court of competent jurisdiction; except that it is not incompatible with this subsection for a party to apply to a court of competent jurisdiction at any time for interim or conservatory relief and for the court to grant that relief.

15.0 Runs With the Land

15.1 This Agreement runs with and binds the Lands to the extent necessary to give full force and effect to this Agreement.

16.0 Notice

16.1 Whenever it is required or permitted that notice or demand be given by any party to the other, the same will be in writing and will be forwarded to the following addresses:

To the Grantor: Tsawwassen First Nation
131 North Tsawwassen Drive
Delta, BC V4M 4G2
Attn:
 
Fax: (604) 943-9226
  
To Hydro: Manager, Properties
B.C. Hydro
8th Floor - 333 Dunsmuir Street
Vancouver, British Columbia
V6B 5R3
 
Fax: (604) 623-3951

16.2 If any question arises as to the date on which such notice was communicated to any party, it will be deemed to have been given on the earlier of:

(a) if it was delivered personally or by courier, on the next business day;

(b) if it was sent by fax, on the next business day; or

(c) if it was sent by mail, on the sixth day after the notice was mailed.

In the event of postal disruption or an anticipated postal disruption, notices may not be given by mail.

16.3 A change of address by any party may be given to the others in accordance with this provision.

17.0 General

17.1 A breach of any term, condition, covenant or other provision of this Agreement may only be waived in writing, and any waiver will not be construed as a waiver of any subsequent breach. Consent to or approval of any act, where consent or approval is required under this Agreement, will not be construed as consent to or approval of any subsequent act.

17.2 No remedy set out in this Agreement is exclusive of any other remedy provided by law, but will be in addition to any other remedy existing at law, in equity, or by statute.

17.3 The terms and provisions of this Agreement will extend to, be binding upon and enure to the benefit of the parties and their respective successors and permitted assigns.

17.4 Each party to this Agreement may register this Agreement in any land registry system established or used by the Grantor for lands within its jurisdiction. At the request of any party to this Agreement, both parties will cooperate in executing any documents or plans required to accomplish the registration of this Agreement and to preserve the substance and priority of this Agreement in relation to those portions of the Lands affected by this Agreement.

17.5 Hydro may grant licences respecting its rights under this Agreement to anyone, in whole or in part, without the prior written consent of the Grantor provided that no licence will act as a release of any of Hydro's obligations set out in this Agreement.

17.6 The parties acknowledge that, pursuant to agreements designated under the Transmission Corporation Act, British Columbia Transmission Corporation ("BCTC") is responsible for management and maintenance of Hydro's transmission system, and accordingly BCTC may exercise discretion conferred upon Hydro and discharge obligations assumed by Hydro under this Agreement.

17.7 A delegate appointed by the Grantor may provide Hydro with all commentary, authorizations and approvals required pursuant to this Agreement including without limitation, all commentary, authorizations or approvals required in relation to work plans, approval of access routes, and relocations or replacements of any Works as contemplated in this Agreement.

17.8 This Agreement may not be amended except by written agreement signed by all parties to this Agreement.

18.0 Interpretation

18.1 In this Agreement:

(a) all attached schedules form an integral part of this Agreement;

(b) the headings are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of this Agreement;

(c) a reference to "party" or "parties" in this Agreement is a reference to Grantor or Hydro, or both, as the context requires; and

(d) if any provision is determined by a court or arbitrator of competent jurisdiction to be illegal or unenforceable, that provision will be considered separate and severable, and the legality or enforceability of the remaining provisions will not be affected by that determination.

IN WITNESS WHEREOF the parties have duly executed this Agreement, as of the date first referred to above.

British Columbia Hydro and Power
Authority
by its authorized signatory:
Signature:_____________________________
Name (Printed):________________________
Title:_________________________________

Tsawwassen First Nation, by its authorized
signatory
Signature:_____________________________
Name (Printed):________________________
Title:_________________________________

SCHEDULE "A"

Legal description of Lands

SCHEDULE "B"

Surveyed Plan of Lands

SCHEDULE "C"

Surveyed Plan of Right of Way Areas

Document 4 – Distribution Right of Way Agreement

(British Columbia Hydro and Power Authority and Telus Communications Inc.)

Land Title Act

Land Title Act

Form C

(Section 233)

Province of British Columbia

GENERAL INSTRUMENT – PART 1    (This area for Land Title Office use)    PAGE 1 of 16 pages

1. Application: (Name, address, phone number and signature of applicant, applicant's solicitor or agent)


2. Parcel Identifier and Legal Description of Land:

(PID)     (Legal Description)


3. Nature of Interest:*

Description         Document Reference          Person
                         (page and paragraph)        Entitled to
                                                                Interest
RIGHT OF WAY                                          TRANSFEREE


4. Terms: Part 2 of this instrument consists of (select one only)

(a) Filed Standard Charge Terms D.F. No.
(b) Express Charge Termsx Annexed as Part 2
(c) Release There is no Part 2 of this instrument

A selection of (a) includes any additional or modified terms referred to in Item 7 or in a schedule annexed to this instrument. If (c) is selected, the charge described in Item 3 is released or discharged as a charge on the land described in Item 2.


5. Transferor(s):

TSAWWASSEN FIRST NATION


6. Transferee(s): (including occupation(s), postal address(es) and postal code(s))

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY, 8th Floor - 333 Dunsmuir Street, Vancouver, BC, V6B 5R3 and TELUS COMMUNICATIONS INC.


7. Additional or Modified Terms:*


8. Execution(s): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s) described in Item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of a true copy of the filed standard charge terms, if any:

 Execution Date 
Officer Signature(s)
Y

 
 
 
 
M

 
 
 
 
D

 
 
 
 
Party(ies) Signature(s)

Officer Certification:

Your Signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1979, c. 116, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.

* If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E.

** If space insufficient, continue executions on additional page(s) in Form D.

DISTRIBUTION RIGHT OF WAY

This Agreement is made as of __________________________, 200__________,

Among:

Tsawwassen First Nation

131 North Tsawwassen Drive, Delta, BC, V4M 4G2

(the "Grantor")

And:

British Columbia Hydro and Power Authority, a corporation continued under the Hydro and Power Authority Act, R.S.B.C. 1996, c.212

("Hydro")

And:

TELUS Communications Inc., a corporation incorporated under the laws of Canada

("TELUS")

WHEREAS:

A. The Grantor, Canada and British Columbia have entered into a Final Agreement as hereinafter defined.

B. In accordance with the Final Agreement, the Grantor wishes to provide the grants, as herein provided, to each of Hydro and TELUS with respect to the Grantor's Lands as hereinafter defined,

NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the premises and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties, the parties hereto covenant and agree as follows:

1.0 Definitions

1.1 In this Agreement:

(a) "Affiliate" will have the meaning ascribed to it in the Business Corporations Act, S.B.C. 2002, c. 57, as amended or replaced from time to time and, in the case of TELUS, includes an affiliate (as defined in that Act) of TELUS and any partnership or other unincorporated association in which TELUS or any affiliate (as defined in that Act) of TELUS has a controlling interest;

(b) "Agreement" means this Right of Way Agreement and all schedules attached to it;

(c) "Area of the Works" means those portions of the Lands located within six (6) metres of either side of the center of the alignment of the Works and includes the Right of Way Area;

(d) "Effective Date" means the date upon which the Final Agreement will take effect;

(e) "Environment" means all the components of the earth including, without limitation, all layers of the atmosphere, air, land (including, without limitation, all underground spaces and cavities and all lands submerged under water), soil, water (including, without limitation, surface and underground water), organic and inorganic matter and living organisms, the interacting natural systems that include the foregoing and all other external conditions or influences under which humans, animals and plants live or are developed;

(f) "Excluded Right of Way Area" means any right of way area or corridor that is not part of the Lands but in whole or in part passes through the Lands or is adjacent to such Lands;

(g) "Final Agreement" means the Tsawwassen First Nation Final Agreement among the Grantor, Canada and British Columbia;

(h) "Lands" means the lands and premises as are legally described in Schedule "A" and as are shown in Schedule "B", which are both attached to this Agreement;

(i) "Right of Way Area" means those portions of the Lands more particularly described in Section 3 of this Agreement, as may be modified under this Agreement; and

(j) "Works" means:

(i) as it relates to the rights and responsibilities of Hydro, all things and components, using any type of technology from time to time, necessary or convenient for the purposes of transmitting and distributing electricity and for the purpose of telecommunications, including: poles, towers, antennae (except for monopole free standing antennae), guy wires, brackets, crossarms, insulators, above ground or underground transformers, anchors, attachments, lines, access nodes and cables, including underground or fibre optic cables, underground conduits, lines and pipes of every kind, cabinets, all ancillary appliances and fittings, reasonably required associated protective installations and related works such as fencing for safety or security, devices and identifying colours for aircraft warning, and utility services for the operation of any of the foregoing;

(ii) as it relates to the rights and responsibilities of TELUS, all things and components, using any type of technology from time to time, necessary or convenient for the purpose of telecommunications, including: poles, towers, guy wires, brackets, crossarms, insulators, transformers, anchors, attachments, lines, access nodes and cables, including fibre optic cables, in whole or in part and underground conduits, lines and pipes of every kind, underground cables, including fibre optic cables, together with all ancillary appliances, fittings and cabinets and above ground or underground equipment shelters.

1.2 With respect to any obligation on the part of Hydro or TELUS under this Agreement, any reference to Hydro or TELUS includes their respective servants, officers, employees, agents, contractors, sub-contractors, invitees, licensees, successors, permitted assigns, and those for whom either or both of them is responsible in law.

2.0 Grant of Right of Way

2.1 The Grantor grants over the Lands separately to each of Hydro and TELUS and their respective employees, representatives, contractors, agents, licensees, successors and assigns, for so long as required, the uninterrupted right, liberty and right of way to:

(a) use the Right of Way Area as follows:

(i) excavate for, construct, install, erect, abandon, replace, extend, upgrade, operate, maintain, alter, remove and repair the Works on, over, in, under, across and through the Right of Way Area; and

(ii) clear the Right of Way Area and keep it cleared (including pruning or removal) of any trees or growth at any time located therein;

(b) use the Area of the Works as follows:

(i) enter, work, pass and repass upon, on, and along the Area of the Works;

(ii) construct, maintain, repair, replace and use trails, roads, lanes, and bridges on the Area of the Works including, in addition, any portions reasonably required adjacent to the Area of the Works for the sake of continuity, with or without equipment, machinery and materials to such extent as may reasonably be required by Hydro or TELUS in relation to this Agreement;

(iii) clear the Area of the Works and keep it cleared of all or any part of any obstruction, improvement or other matter which, in the reasonable opinion of Hydro or TELUS, does or might interfere with or endanger the Works, disrupt service to Hydro's or TELUS's customers, or pose a hazard to persons or property in relation to the Works; and

(iv) clear the Area of the Works and keep it cleared (including pruning or removal) of all or any part of any trees or growth which do or might, in the opinion of Hydro or TELUS, interfere with or endanger the Works, disrupt service to Hydro's or TELUS's customers, or pose a hazard to persons or property in relation to the Works;

(c) to enjoy further rights as follows:

(i) Hydro and TELUS may, with the prior approval of the Grantor and any party with a registered interest in the affected areas,, such approval not to be unreasonably withheld, delayed or conditioned, cut trees or growth outside the Area of the Works, if in the reasonable opinion of Hydro or TELUS such trees or growth might interfere with or endanger the Works (whether on or off the Lands) or pose a hazard to persons or property in relation to the Works;

(ii) Hydro and TELUS may pass and repass over, and maintain, repair replace and use, all roads, lanes and bridges on the Lands outside of the Area of the Works with or without equipment, machinery and materials to such extent as may reasonably be required by Hydro or TELUS in relation to this Agreement;

(iii) if there are no suitable roads, lanes or bridges under paragraph 2.1 (c) (ii), Hydro and TELUS may either:

A. construct, maintain, repair, replace and pass and repass over roads, lanes or bridges on the Lands; or

B. pass and repass over the Lands elsewhere than on roads, lanes and bridges, with or without equipment, machinery and materials to such extent as may reasonably be required by Hydro or TELUS in relation to this Agreement, subject to prior approval of the route by the Grantor, such approval not to be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Hydro and TELUS do not require such approval if there is an emergency or a reasonably apprehended emergency or for the determination of electricity consumption, but will report to the Grantor the purpose and extent of the access as soon as practicable;

(iv) to conduct vegetation management upon the Area of the Works, such as the planting of vegetation compatible with the undertakings of Hydro or TELUS, and the application of herbicides and pesticides, provided that Hydro and TELUS will not conduct any aerial application of herbicides or pesticides on the Lands;

(v) to install, maintain and use gates in all fences which are now or hereafter shall be on the Right of Way Area and in fences affecting access to the Area of the Works;

(vi) to ground any structures, installation or things, by whomsoever owned, from time to time situated anywhere on the Right of Way Area or adjacent Lands where, in the reasonable opinion of Hydro and TELUS, such grounding will eliminate or reduce hazards to persons or property in relation to the Works;

(vii) Hydro and TELUS may enter onto the Lands outside the Area of the Works for the purpose of undertaking works to protect any Works located within the Lands or within an Excluded Right of Way Area or to protect persons or property that may be at risk from such Works, provided that:

A. Hydro or TELUS will before commencing such works deliver to the Grantor for approval a written work plan describing the proposed work on the Lands;

B. the Grantor will not unreasonably withhold, condition or delay approval of such work plan, and shall take into consideration the effect of the proposed work, the cost of the proposed work compared to the cost of alternate solutions and the extent of the risk of not undertaking the work. If Hydro or TELUS, as the case may be, and the Grantor cannot agree on a work plan requested by Hydro or TELUS within 30 days of receipt by the Grantor of the proposed work plan, then either party may refer the disagreement to dispute resolution under section 18.1 of this Agreement;

C. Hydro or TELUS, as the case may be, will pay compensation for any damage to the Lands resulting from the implementation of the work plan;

D. if Hydro or TELUS, as the case may be, determines in its reasonable judgment that an emergency situation exists or there are imminent safety concerns, Hydro and TELUS may, without approval of the Grantor, undertake works and take such steps on the Lands as are reasonably required to be taken immediately in order to protect the Works, or to protect persons or property that may be at risk from the Works, and in that event Hydro or TELUS will as soon as reasonably possible thereafter notify the Grantor; and

(d) generally, do all such other acts or things as may reasonably be necessary or incidental to the business of Hydro or TELUS in connection with any of the above.

3.0 Right of Way Area

3.1 The right of way area consists of:

(a) all portions of the Lands reasonably required for the following:

(i) those Works existing at the date of this Agreement;

(ii) any additional Works constructed adjacent to, along the sides of or across any roads, lanes or bridges from time to time existing on or through the Lands;

(iii) any additional Works that provide service to any lands adjacent to any roads, lanes, or bridges from time to time existing on or through the Lands;

(iv) any additional Works that provide service to any lands or customers where the landowners of any intervening parcels consent to the installation of any such Works; and

(b) any such other portions of the Lands as may from time to time be consented to in writing by the Grantor, or by any delegate appointed by the Grantor.

3.2 The parties agree that the sketch plan attached to this Agreement as Schedule "C" reasonably represents the approximate location of the Works existing as of the date of this Agreement. As and when new works are added to the Lands by either or both of Hydro or TELUS, the parties will update Schedule "C", it being the intention of the parties that this Agreement, and all of its terms and provisions, apply to such new works in their entirety.

3.3 Nothing in this Part 3.0 is intended to affect the rights of Hydro or TELUS to make arrangements directly with a person in legal possession of any lands for the construction, operation and maintenance of the Works and all matters incidental thereto.

4.0 Non-Exclusive Use

4.1 Notwithstanding anything else in this Agreement, Hydro and TELUS acknowledge and agree that:

(a) this Agreement does not grant a fee simple interest in the Lands, but rather grants a non-exclusive use over the Area of the Works; and

(b) subject to the rights granted to Hydro and TELUS in this Agreement, the Grantor may grant to third parties other interests on the Area of the Works, provided that any such grant of other interests shall not compromise or, by action of the Grantor or the grantee, damage, disrupt, adversely affect or interfere with the use by Hydro and TELUS of the Works or Area of the Works.

5.0 Protection of the Environment

5.1 Hydro and TELUS will undertake activities permitted under this Agreement having regard for the impact on the Environment, and will take prudent measures to minimize any danger or disruption to the Environment.

6.0 Covenants of Hydro and TELUS

6.1 Hydro and TELUS each covenant separately with the Grantor to:

(a) pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged to the account of Hydro or TELUS, as the case may be, which relate to the Right of Way Area and which Hydro or TELUS is liable to pay;

(b) keep the portions of the Lands used by Hydro or TELUS under this Agreement in a safe, clean and sanitary condition to the extent the condition relates to the use or occupation by Hydro or TELUS of such Lands, as the case may be, provided that Hydro and TELUS have no obligation to keep any roads within the Area of the Works suitable for use by anyone except Hydro and TELUS;

(c) bury and maintain all underground works as may be required so as not to unduly interfere with the drainage of the Lands;

(d) take all reasonable steps and precautions to minimize disturbance of any archaeological material discovered by Hydro or TELUS on the Right of Way Area, and to immediately notify the Grantor;

(e) not bury debris or rubbish of any kind on the Lands in excavations or backfill, and to remove shoring and similar temporary structures as backfilling proceeds; and

(f) not commit or suffer any willful or voluntary waste, spoil or destruction on the Right of Way Area, or do or suffer to be done thereon anything that may be or become a nuisance to the Grantor, except to the extent required by Hydro or TELUS, acting reasonably, to exercise the rights granted under this Agreement.

7.0 New Works Constructed by Hydro or TELUS

7.1 Prior to undertaking construction on the Lands of any new Works which are not alterations, extensions or additions to existing Works, Hydro or TELUS, as the case may be, will deliver to the Grantor for prior approval, a sketch plan showing with reasonable accuracy the location of such new Works, which approval will not be unreasonably withheld, delayed or conditioned.

8.0 Relocation of Hydro and TELUS Works Due to Change

8.1 If a material change occurs to the Lands, such as erosion, which for any reason makes the continued use of any portion of the Right of Way Area or an Excluded Right of Way Area unsuitable for any of the Works, then the Grantor will, at no cost to Hydro and TELUS, consent to the relocation and replacement of such Works to a new location on the Lands, as follows:

(a) Hydro or TELUS, as the case may be, will, before undertaking any work, deliver a sketch plan to the Grantor indicating the contemplated relocation of the Works for approval by the Grantor, which approval will not be unreasonably withheld, delayed or conditioned;

(b) Hydro or TELUS, as the case may be, will take into account any likely material effect of the relocated Works on adjacent lands, and the Grantor will take into account the cost efficiencies of the location selected by Hydro or TELUS for the relocated Works in relation to alternative locations;

(c) the relocated Works will be covered by the terms and conditions of this Agreement; and

(d) subject to the foregoing, the cost of such relocation will be borne by Hydro or TELUS, as the case may be.

9.0 Relocation of Hydro Works at the Request of the Grantor

9.1 If the Grantor requires a portion of the Right of Way Area for other purposes, then upon written request by the Grantor, Hydro will relocate any Works in the Right of Way Area to a new location on the Lands, provided that:

(a) the new location is, in the reasonable opinion of Hydro, suitable for use for the relocated Works considering construction, maintenance and operation, and cost factors;

(b) the Grantor gives Hydro reasonable notice to permit proper design, planning and construction of the Works to be relocated;

(c) before any relocation, the Grantor has paid the reasonable costs and expenses of the relocation, including costs of design, supervision and construction as estimated by Hydro, with appropriate adjustments made, based on actuals, after the relocation is complete; and

(d) the relocated Hydro Works will be covered by the terms and conditions of this Agreement.

10.0 Relocation of TELUS Works at the Request of the Grantor

10.1 If the Grantor requires a portion of the Right of Way Area for other purposes, then upon written request by the Grantor, TELUS will relocate any Works in the Right of Way Area to a new location on the Lands, provided that:

(a) the new location is, in the reasonable opinion of TELUS, suitable for use for the relocated Works considering construction, maintenance and operation, and cost factors;

(b) the Grantor gives TELUS reasonable notice to permit proper design, planning and construction of the Works to be relocated;

(c) before any relocation, the Grantor has paid the reasonable costs and expenses of the relocation as estimated by TELUS, including costs of design, supervision and construction with appropriate adjustments made, based on actuals, after the relocation is complete; and

(d) the relocated TELUS Works will be covered by the terms and conditions of this Agreement.

11.0 Fencing

11.1 With the exception of transformer stations and equipment shelters, Hydro and TELUS will not fence the Area of the Works without the prior consent of the Grantor, which consent will not be unreasonably withheld, delayed or conditioned.

12.0 Inspections

12.1 It will be lawful for the Grantor at all reasonable times to enter upon the Right of Way Area for the purposes of inspecting the Right of Way Area and the Works.

13.0 Restoration

13.1 When a portion of the Right of Way Area is no longer required for the Works, Hydro or TELUS, as the case may be, will restore the ground surface of the affected portion of the Right of Way Area, as near as is reasonably practicable to its condition prior to the installation of the Works, including the removal of any above ground Works, underground transformers and, where practicable and at the request of the Grantor, any cables located within underground ducts in such portion of the Right of Way Area.

13.2 This Section will survive the expiration of the Agreement.

14.0 Removal of Works

14.1 If certain Works are no longer required by Hydro and TELUS under this Agreement:

(a) Hydro or TELUS, as the case may be, may, subject to the consent of the Grantor, abandon the Works and transfer to the Grantor all ownership, right and interest in the whole or part of the Works. If the consent of the Grantor is not obtained within one year after the date of the expiration of the Agreement, Hydro or TELUS, as the case may be, will remove the above ground Works, underground transformers and, where practicable and at the request of the Grantor, any cables located within underground ducts as soon as reasonably possible in the circumstances; and

(b) Hydro or TELUS, as the case may be, will decommission any roads created by either Hydro or TELUS pursuant to paragraph 2.1 (c) (iii), which are no longer required in relation to such Works, unless the Grantor requests otherwise.

14.2 Hydro will remain liable for any environmental damage to the Lands arising from any below ground Works that remain on or in the Right of Way Area after the expiration of this Agreement, except that if the Grantor uses or authorizes the use of the remaining below ground Works for any purpose, then Hydro will not be liable for any environmental damage caused by the Grantor's use, or authorized use.

14.3 TELUS will remain liable for any environmental damage to the Lands arising from any below ground Works that remain on or in the Right of Way Area after the expiration of this Agreement, except that if the Grantor uses or authorizes the use of the remaining below ground Works for any purpose, then TELUS will not be liable for any environmental damage caused by the Grantor's use, or authorized use.

14.4 Sections 14.1, 14.2 and 14.3 will survive the expiration of this Agreement.

15.0 Covenants of the Grantor

15.1 The Grantor covenants with Hydro and TELUS that:

(a) Hydro and TELUS shall and may peaceably enjoy and hold the rights granted in this Agreement without interruption, disturbance, molestation or hindrance whatsoever from the Grantor or any other person lawfully claiming from or under the Grantor, provided however that nothing in this section 15.1 shall limit the Grantor's right of inspection pursuant to section 12.1;

(b) the Grantor will not permit or make, place, erect, operate, use or maintain any building, structure, foundation, pavement, excavation, well, pile of material, fill, obstruction, equipment, thing or inflammable substance, or plant any growth upon the Area of the Works, if any such action or thing, in the reasonable opinion of Hydro or TELUS:

(i) may interfere with or endanger the Works or any part thereof or the installation, operation, maintenance, removal or replacement of the Works or any part thereof;

(ii) may obstruct access to the Works or any part thereof by those authorized by Hydro or TELUS; or

(iii) may by its operation, use, maintenance or existence on the Area of the Works create or increase any hazard to persons or property in relation to the Works;

(c) the Grantor will not carry out blasting or aerial logging operations on or adjacent to the Area of the Works without prior written permission from Hydro and TELUS, which permission will not be unreasonably withheld, conditioned or delayed; and

(d) the Grantor will not diminish or increase the ground elevation in the Area of the Works by any method, including piling any material or creating any excavation, drain, or ditch in the Area of the Works, unless permission in writing from Hydro and TELUS has first been received, which permission will not be unreasonably withheld, conditioned or delayed.

16.0 Compensation for Damages

16.1 Subject to the rights granted in this Agreement, Hydro and TELUS covenant with the Grantor that if Hydro or TELUS damage any structures, buildings, fixtures, improvements, or chattels outside of the Area of the Works, or damage any crops, merchantable timber, livestock, drains, ditches, culverts, fences, trails, bridges, or roads on the Lands, and such damage is not caused as a result of the Grantor's breach of the terms of this Agreement or the negligence or willful act of the Grantor or its contractors, agents or permittees, then Hydro or TELUS, as the case may be, will:

(a) compensate the Grantor for such damages, to the extent caused by Hydro or TELUS; or

(b) within a reasonable period of time, repair in a good and workman-like manner any damaged structure, building or improvement, as closely as is practicable to its condition immediately prior to the damage.

16.2 Despite section 16.1, Hydro and TELUS covenant with the Grantor to pay compensation to the Grantor, in accordance with generally accepted principles of timber valuation, for any merchantable timber cut or damaged by Hydro or TELUS on the Lands or outside of the Area of the Works and the parties agree that on payment, title to any timber cut on the Lands under this Agreement will vest in Hydro or TELUS, as the case may be.

17.0 Indemnity

17.1 Hydro will at all times save harmless and indemnify and keep indemnified the Grantor from and against all claims, demands, actions, suits or other legal proceedings by whomsoever made or brought against the Grantor by reason of or arising out of:

(a) any breach, violation or non-performance by Hydro of any of Hydro's covenants, conditions or obligations under this Agreement; and

(b) any act or omission on the part of Hydro in respect of or in relation to its Works including the construction, maintenance, operation or decommissioning of its Works, but only to the extent any such matter is found to be the responsibility of Hydro and was not contributed to by the negligence, breach, violation or non-performance of the Grantor, and not for any matters based on nuisance or the rule in Rylands v. Fletcher unless Hydro was negligent.

17.2 TELUS will at all times save harmless and indemnify and keep indemnified the Grantor from and against all claims, demands, actions, suits or other legal proceedings by whomsoever made or brought against the Grantor by reason of or arising out of:

(a) any breach, violation or non-performance by TELUS of any of TELUS' covenants, conditions or obligations under this Agreement; or

(b) any act or omission on the part of TELUS in respect of or in relation to its Works including the construction, maintenance, operation or decommissioning of its Works, but only to the extent any such matter is found to be the responsibility of TELUS and was not contributed to by the negligence, breach, violation or non-performance of the Grantor.

18.0 Dispute Resolution

18.1 Any dispute arising out of or in connection with this Agreement will be resolved as follows:

(a) the parties will attempt to resolve disputes by negotiations, including timely disclosure of all relevant facts, information and documents;

(b) either party may, at any time, by written notice request that the dispute be referred to mediation, conducted by a mediator, knowledgeable about the matters in dispute;

(c) if the dispute is not resolved within 30 days of the notice to mediate under subsection (b) or any further period of time agreed to by the parties, then, on the agreement of the parties, the dispute may be referred to a single arbitrator for final resolution in accordance with the provisions of the British Columbia Commercial Arbitration Act. If the parties do not agree to arbitration, then any party may refer the matter to a court of competent jurisdiction; except that it is not incompatible with this subsection for a party to apply to a court of competent jurisdiction at any time for interim or conservatory relief and for the court to grant that relief; and

(d) for the purposes of this section 18.1, Hydro and TELUS will only be considered as one party where the dispute arises between the Grantor, on the one hand, and Hydro and TELUS jointly, on the other.

19.0 Runs With the Land

19.1 This Agreement runs with and binds the Lands to the extent necessary to give full force and effect to this Agreement.

20.0 Assignment

20.1 This Agreement:

(a) may not be assigned in part or in whole or otherwise transferred without the prior written consent of the Grantor, which consent will not be unreasonably withheld, conditioned or delayed; but

(b) may be assigned or otherwise transferred to an Affiliate without consent.

20.2 During any time that TELUS carries on business as a telecommunications services provider in partnership with an Affiliate of TELUS, TELUS may allow that partnership and its members to exercise some or all of the rights granted to TELUS in this Agreement, provided that TELUS ensures that the partnership and its members comply with TELUS' obligations in this Agreement. For greater certainty, TELUS shall remain fully liable for all of its obligations under this Agreement in such circumstances.

21.0 Notice

21.1 Whenever it is required or permitted that notice or demand be given by any party to the other, the same will be in writing and will be forwarded to the following addresses:

To the Grantor: Tsawwassen First Nation
131 North Tsawwassen Drive
Delta, BC V4M 4G2
Attn:
 
Fax: (604) 943-9226
  
To Hydro:Manager, Properties
B.C. Hydro
8th Floor - 333 Dunsmuir Street
Vancouver, British Columbia
V6B 5R3
 
Fax: (604) 623-3951
  
To TELUS:Manager, Real Estate
TELUS
15-3777 Kingsway
Burnaby, British Columbia
V5H 3Z7
 
Fax: (604) 599-0396

21.2 If any question arises as to the date on which such notice was communicated to any party, it will be deemed to have been given on the earlier of:

(a) if it was delivered personally or by courier, on the next business day;

(b) if it was sent by fax, on the next business day; or

(c) if it was sent by mail, on the sixth day after the notice was mailed.

In the event of postal disruption or an anticipated postal disruption, notices may not be given by mail.

21.3 A change of address by any party may be given to the others in accordance with this provision.

22.0 General

22.1 A breach of any term, condition, covenant or other provision of this Agreement may only be waived in writing, and any waiver will not be construed as a waiver of any subsequent breach. Consent to or approval of any act, where consent or approval is required under this Agreement, will not be construed as consent to or approval of any subsequent act.

22.2 No remedy set out in this Agreement is exclusive of any other remedy provided by law, but will be in addition to any other remedy existing at law, in equity, or by statute.

22.3 The terms and provisions of this Agreement will extend to, be binding upon and enure to the benefit of the parties and their respective successors and permitted assigns.

22.4 Any party to this Agreement may register this Agreement in any land registry system established or used by the Grantor for lands within its jurisdiction. At the request of any party to this Agreement, all parties will cooperate in executing any documents or plans required to accomplish the registration of this Agreement and to preserve the substance and priority of this Agreement in relation to those portions of the Lands affected by this Agreement.

22.5 Hydro or TELUS may grant licences respecting their rights under this Agreement to anyone, in whole or in part, without the prior written consent of the Grantor provided that no licence will act as a release of any of Hydro's or TELUS's obligations set out in this Agreement.

22.6 A delegate appointed by the Grantor may provide Hydro and TELUS with all commentary, authorizations and approvals required pursuant to this Agreement including without limitation, all commentary, authorizations or approvals required in relation to sketch plans, access to the Area of the Works, and relocations or replacements of any Works.

22.7 This Agreement may not be amended except by written agreement signed by all parties to this Agreement.

23.0 Interpretation

23.1 In this Agreement:

(a) all attached schedules form an integral part of this Agreement;

(b) the headings are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of this Agreement;

(c) if any provision is determined by a court or arbitrator of competent jurisdiction to be illegal or unenforceable, that provision will be considered separate and severable, and the legality or enforceability of the remaining provisions will not be affected by that determination.

IN WITNESS WHEREOF the parties have duly executed this Agreement, as of the date first referred to above.

British Columbia Hydro and Power Authority
by its authorized signatory:
Signature:_____________________________
Name (Printed):________________________
Title:_________________________________

TELUS Communications Inc. by its
authorized signatory
Signature:_____________________________
Name (Printed):________________________
Title:_________________________________

Tsawwassen First Nation, by its authorized
signatory
Signature:_____________________________
Name (Printed):________________________
Title:__________________________________

SCHEDULE "A"

Legal description of the Lands

SCHEDULE "B"

Sketch Plan of the Lands

SCHEDULE "C"

Surveyed Plan of Works, Pursuant to Section 3.2 of the Agreement

Document 5 – Natural Gas Distribution Works Right of Way Agreement

(Terasen Gas Inc.)

Land Title Act

Form C

(Section 233)

Province of British Columbia

GENERAL INSTRUMENT – PART 1    (This area for Land Title Office use)    PAGE 1 of 16 pages

1. Application: (Name, address, phone number and signature of applicant, applicant's solicitor or agent)


2. Parcel Identifier And legal Description of Land:

(PID)     (Legal Description)


3. NATURE OF INTEREST:*

Description         Document Reference          Person
                         (page and paragraph)        Entitled to
                                                                Interest
RIGHT OF WAY                                          TRANSFEREE


4. Terms: Part 2 of this instrument consists of (select one only)

(a) Filed Standard Charge Terms D.F. No.
(b) Express Charge Termsx Annexed as Part 2
(c) Release There is no Part 2 of this instrument

A selection of (a) includes any additional or modified terms referred to in Item 7 or in a schedule annexed to this instrument. If (c) is selected, the charge described in Item 3 is released or discharged as a charge on the land described in Item 2.


5. Transferor(s):

TSAWWASSEN FIRST NATION


6. Transferee(s): (including occupation(s), postal address(es) and postal code(s))

TERASEN GAS INC., 3700 2nd Avenue, Burnaby, BC, V5C 6S4


7. Additional or Modified Terms:*


8. Execution(s): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s) described in Item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of a true copy of the filed standard charge terms, if any:

 Execution Date 
Officer Signature(s)
Y

 
 
 
 
M

 
 
 
 
D

 
 
 
 
Party(ies) Signature(s)

Officer Certification:

Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1979, c. 116, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.

* If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E.

** If space insufficient, continue executions on additional page(s) in Form D.

RIGHT-OF-WAY AGREEMENT FOR NATURAL GAS DISTRIBUTION WORKS

This Agreement is made as of __________________________, 200_______,

Between:

Tsawwassen First Nation

131 North Tsawwassen Drive, Delta, BC, V4M 4G2

(the "Grantor")

And:

Terasen Gas Inc., a corporation continued under the laws of the Province of British Columbia having an office at 3700 2nd Avenue, Burnaby, British Columbia, V5C 6S4

("Terasen")

WHEREAS:

A. The Grantor, Canada and the Province of British Columbia have entered into a Final Agreement as hereinafter defined; and

B. In accordance with the Final Agreement, the Grantor wishes to grant to Terasen a right-of-way with respect to the Grantor's Lands as hereinafter defined,

NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the premises and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties, the parties hereto covenant and agree as follows:

1.0 Definitions

1.1 In this Agreement:

"Area of the Works" means those portions of the Lands located within one (1) metre of either side from the diameter of the Works;

"Affiliate" has the meaning ascribed to it in the Business Corporations Act, S.B.C. 2002, c.57, as amended or replaced from time to time;

"Agreement" means this right-of-way agreement and all schedules attached to it;

"Environment" means all the components of the earth including, without limitation, all layers of the atmosphere, air, land (including, without limitation, all underground spaces and cavities and all lands submerged under water), soil, water (including, without limitation, surface and underground water), organic and inorganic matter and living organisms, the interacting natural systems that include the foregoing and all other external conditions or influences under which humans, animals and plants live or are developed;

"Excluded Area" means any right-of-way area or corridor that is not part of the Lands but in whole or in part passes through the Lands or is adjacent to such Lands;

"Final Agreement" means the Tsawwassen First Nation Final Agreement among the Grantor, Canada and British Columbia;

"Lands" means the lands and premises as are legally described in Schedule "A" and as are shown in Schedule "B", which are both attached to this Agreement;

"Right-of-Way" means the tenure and those rights, privileges, licenses, liberties and permits granted to and held by Terasen as set out in this Agreement;

"Right-of-Way Area" means, collectively, the Works Area and the Area of the Works;

"Works" means all above ground or underground things and components owned or operated by Terasen, necessary or convenient for the purpose of transmitting, transporting and distributing natural and artificial gas and other gaseous or liquid hydrocarbons or any product or by-product thereof on, over, under, across and through the Works Area, in whole or in part, by any means, including one or more underground pipelines of any kind or dimension with any above ground and underground valves, structures, meters and other appliances and fittings, and devices for inspection, controlling corrosion and erosion, all for use in connection with such pipeline(s), all as they may exist from time to time, and for greater certainty, includes alterations, extensions and additions to such Works as required from time to time;

"Works Area" means those portions of the Lands more particularly described in Part 3.0 of this Agreement.

1.2 With respect to any obligation on the part of Terasen under this Agreement, any reference to Terasen includes its servants, officers, employees, agents, contractors, sub-contractors, invitees, licensees, successors, permitted assigns, and those for whom Terasen is responsible in law.

2.0 Grant of Right-of-Way

2.1 Effective as of the date of this Agreement, the Grantor grants a Right-of-Way over the Lands to Terasen commencing on the date written above and continuing for so long as any of the Right-of-Way is required by Terasen, which Right-of-Way shall confer on Terasen, the right, privilege, liberty and permit to:

(a) use the Works Area as follows:

(i) to excavate for, construct, install, erect, abandon, replace, extend, upgrade, operate, maintain, alter, remove and repair the Works on, over, under, across and through the Works Area;

(ii) to clear the Works Area and keep it cleared (including pruning or removal) of any trees or growth at any time located therein; and

(iii) generally, to do all such other acts or things on the Works Area as may reasonably be necessary or incidental to the business of Terasen in connection with any of the foregoing;

(b) use the Area of the Works as follows:

(i) to enter, work, inspect, patrol, pass and repass upon, on, and along the Area of the Works;

(ii) to clear the Area of the Works and keep it cleared of all or any part of any obstruction, improvement or other matter which, in the reasonable opinion of Terasen, might interfere with or endanger the Works, disrupt service to Terasen's customers, or pose a hazard to the Works or persons in relation to the Works;

(iii) to clear the Area of the Works and keep it cleared (including pruning or removal) of all or any part of any trees or growth which do or might, in the reasonable opinion of Terasen, interfere with or endanger the Works, disrupt service to Terasen's customers, or pose a hazard to the Works or persons in relation to the Works; and

(c) to enjoy further rights as follows:

(i) Terasen may, with the prior written consent of the Grantor, and any party with a registered interest in the affected areas, such consent not to be unreasonably withheld, delayed or conditioned, cut trees outside the Area of the Works, if in the reasonable opinion of Terasen such trees would threaten to damage the Works or pose a hazard to the Works or persons in relation to the Works;

(ii) Terasen may pass and repass over existing roads on the Lands for access to and from the Area of the Works, and in the event that such roads become closed to the public for any reason, the Grantor shall nonetheless provide Terasen access to such roads for the purpose for ingress and egress to and from the Area of the Works, to the extent reasonably practicable, or to such alternative access as may be available, at no additional cost to Terasen;

(iii) If no such road access is available, Terasen may have access to and over other portions of the Lands for access to and from the Area of the Works, provided that such access has been approved by the Grantor, such approval not to be unreasonably withheld or delayed, and by any other person having an interest in such portion or portions; provided that such approval is not required if access is necessary for determining consumption or usage of services, in emergency situations or for normal surveillance or safety inspection purposes;

(iv) Terasen may enter onto the Lands outside the Area of the Works for the purpose of undertaking works to protect any Works located within the Lands or within an Excluded Area or to protect persons and property that may be at risk from such Works, provided that:

A. Terasen will deliver to the Grantor for prior approval a written work plan describing the proposed work on the Lands;

B. the Grantor will not unreasonably withhold or delay approval of such work plan and will not impose any unreasonable conditions relating to the granting of such approval and shall take into consideration the effect of the proposed work, the cost of the proposed work compared to the cost of alternate solutions and the extent of the risk of not undertaking the work. If Terasen and the Grantor, each acting reasonably, cannot agree on a work plan within 30 days of receipt by the Grantor of the work plan proposed by Terasen, then either party may refer the disagreement to dispute resolution under section 17.1 of this Agreement; and

C. in the event that any damage to the Lands results from the implementation of the work plan by Terasen, Terasen will repair and restore the damaged portion of the Lands as near as is reasonably feasible, to their condition prior to the implementation of the work plan or, at Terasen's discretion, pay to the Grantor appropriate compensation in respect of such damage.

2.2 Notwithstanding the foregoing, if Terasen determines in its reasonable judgment that an emergency situation exists or there are imminent safety concerns or risk of public harm, Terasen may, without approval of the Grantor, undertake works and take such steps on the Lands as are reasonably required to be taken immediately in order to protect the Works located within the Lands or within an Excluded Area, or to protect persons and property that may be at risk from such Works, and in that event Terasen will as soon as reasonably possible thereafter notify the Grantor.

3.0 Works Area

3.1 The Works Area consists of all portions of the Lands reasonably required by Terasen for the following:

(a) those Works existing at the date of this Agreement;

(b) any additional Works constructed adjacent to, along the sides of and across any of the Grantor's roads from time to time existing on or through the Lands;

(c) any additional Works that provide services to any lands adjacent to any roads from time to time existing on or through the Lands; and

any such other portions of the Lands as are from time to time consented to in writing by the Grantor, or any delegate appointed by the Grantor.

3.2 The parties agree that the sketch plan attached to this Agreement as Schedule "C" reasonably represents the Works existing as of the date of this Agreement. As and when new works are added to the Lands by Terasen, the parties will update Schedule "C" to reflect such new works, it being the intention of the parties for this Agreement and all of its terms and provisions to apply to such new works in their entirety.

3.3 Nothing in this Part 3.0 is intended to affect the rights of Terasen to make arrangements directly with a person in legal possession of any lands for the construction, operation and maintenance of the Works and all matters incidental thereto.

4.0 Non-Exclusive Use

4.1 Notwithstanding anything else in this Agreement, Terasen acknowledges and agrees that:

(a) this Agreement does not grant a fee simple interest in the Lands to or in favour of Terasen; and

(b) the Grantor may grant to third parties other interests on the Right-of-Way Area upon prior written notice to Terasen, provided that any such grant of other interests shall not compromise or, by action of the Grantor or the grantee, damage, disrupt, adversely affect or interfere with the use by Terasen of the Works or Right-of-Way Area.

5.0 Protection of the Environment

5.1 Terasen will undertake activities permitted under this Agreement having regard for the impact on the Environment, and will take prudent measures to minimize the danger or disruption to the Environment.

6.0 Covenants of Terasen

6.1 Terasen covenants with the Grantor to:

(a) pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged to the account of Terasen, which relate to the Right-of-Way Area and which Terasen is liable to pay;

(b) keep the Right-of-Way Area, and any Works, in a safe, clean and sanitary condition to the extent the condition relates to the use or occupation of the Right-of-Way Area by Terasen, provided that Terasen has no obligation to keep any roads within the Right-of-Way Area suitable for use by anyone except Terasen;

(c) bury and maintain all underground Works as may be required so as not to unduly interfere with the drainage of the Lands;

(d) take all reasonable steps and precautions to minimize disturbance of any archaeological material discovered by Terasen on the Right-of-Way Area, and to immediately notify the Grantor;

(e) not bury debris or rubbish of any kind on the Lands in excavations or backfill, and to remove shoring and similar temporary structures as backfilling proceeds; and

(f) not commit or suffer any willful or voluntary waste, spoil or destruction on the Right-of-Way Area, or do or suffer to be done thereon anything that may be or become a nuisance or annoyance to the Grantor, except to the extent required by Terasen, acting reasonably, to exercise the rights granted herein.

7.0 New Works Constructed by Terasen

7.1 Prior to undertaking construction on the Lands of any new Works which are not alterations, extensions or additions to existing Works, Terasen, will deliver to the Grantor for prior approval, a sketch plan showing with reasonable accuracy the location of any new Works, which approval will not be unreasonably withheld, delayed or conditioned.

8.0 Relocation of Works Due to Change

8.1 If a material change occurs to the Lands, such as erosion, which for any reason makes the continued use of any portion of the Right-of-Way Area unsuitable for the continued operation and maintenance of any of the Works, then the Grantor will consent, which consent will be, at no cost to Terasen, to the relocation and replacement of such Works to a new location on the Lands, as follows:

(a) Terasen will, before undertaking any work, deliver a sketch plan to the Grantor indicating the contemplated relocation of the Works for approval by the Grantor, which approval will not be unreasonably withheld, delayed or made subject to any unreasonable conditions;

(b) Terasen will take into account any likely material adverse effect of the relocated Works on adjacent lands, and the Grantor will take into account the cost efficiencies of the location selected by Terasen for the relocated Works in relation to alternative locations;

(c) the relocated Works will be covered by the terms and conditions of this Agreement; and

(d) subject to the foregoing, the cost of such relocation will be borne by Terasen.

9.0 Relocation of Works at the request of the Grantor

9.1 If the Grantor requires a portion of the Right-of-Way Area for other purposes, then upon written request by the Grantor, Terasen will relocate any Works in the Right-of-Way Area to a new location on the Lands, provided that:

(a) the new location is, in the reasonable opinion of Terasen, suitable for use for the relocated Works considering construction, maintenance and operation, and cost factors;

(b) the Grantor gives Terasen reasonable notice to permit proper design, planning and construction of the Works to be relocated;

(c) the Grantor agrees to pay all reasonable costs and expenses, including costs of design, supervision and construction (before any relocation, the Grantor will pay the costs and expenses as estimated by Terasen, with appropriate adjustments made based on actuals after the relocation is complete); and

(d) without any further action required on the part of the parties, a new Right-of-Way will be deemed to have been established upon the terms and conditions of this Agreement, which will apply to and cover such relocated Works.

10.0 Fencing and Use of the Right-of-Way Area

10.1 Except for the purpose of protecting any necessary above ground Works, Terasen will not fence the Right-of-Way Area without the prior consent of the Grantor. Any present or future lessees or permittees having any rights with respect to the Right-of-Way Area are, subject to the rights granted to Terasen herein, to be allowed free access to the Right-of-Way Area and the use of the same except for:

(a) making, placing, erecting or maintaining any building, structure, excavation, pile of material or obstruction or planning any growth on the Area of the Works which, in the reasonable opinion of Terasen might interfere with or endanger the construction, operation, maintenance or removal of the Works or might reasonably obstruct access by Terasen to the Works; or

(b) doing any act or thing that might reasonably interfere with or damage the Works or create or increase any hazards to persons in relation to the Works; or

(c) doing anything that would contravene the provisions of the Gas Utility Act, Pipeline Act, or Gas Safety Regulations pursuant to the Safety Standards Act, all as amended from time to time.

11.0 Inspections

11.1 It will be lawful for the Grantor at all reasonable times to enter upon the Right-of-Way Area for the purpose of examining the Works Area and the Works.

12.0 Restoration

12.1 When a portion of the Works Area is no longer required for the Works, Terasen will restore the ground surface to the affected portion of the Works Area, as near as is reasonably possible to its condition prior to the installation of the Works, including the removal of any above ground Works.

12.2 Section 12.1 will survive the termination or expiration of this Agreement.

13.0 Removal of Works

13.1 On the termination or expiration of this Agreement, Terasen may, subject to the consent of the Grantor, abandon the Works and transfer to the Grantor all ownership, right and interest in the whole or in part of the Works. If the consent of the Grantor is not obtained within one year after the date of the termination or expiration of this Agreement, Terasen will remove the Works, where practicable, as soon as reasonably possible in the circumstances.

13.2 Terasen will remain liable for any environmental damage to the Lands arising from any below ground Works that remain on or in that portion of the Right-of-Way Area after the termination or expiration of this Agreement, except that if the Grantor uses or authorizes the use of the remaining below ground Works for any purpose, then Terasen will not be liable for any environmental damage caused by the Grantor's use or other use authorized by the Grantor.

13.3 Sections 13.1 and 13.2 will survive the termination or expiration of this Agreement.

14.0 Covenants of the Grantor

14.1 The Grantor covenants with Terasen that:

(a) subject to subsection 4.1 (b), Terasen shall and may peaceably enjoy and hold the Right-of-Way without interruption, disturbance, molestation or hindrance whatsoever from the Grantor or any other person lawfully claiming from or under the Grantor, provided however that nothing in this section 14.1 shall limit the Grantor's right of inspection pursuant to section 11.1.

(b) the Grantor will not permit or make, place, erect, operate, use or maintain any building, structure, foundation, pavement, excavation, well, pile of material, fill, obstruction, equipment, thing or inflammable substance, or plant any growth upon the Area of the Works, if any such action or thing:

(i) may reasonably interfere with or endanger the Works or any part thereof or the installation, operation, maintenance, removal or replacement of the Works or any part thereof;

(ii) may reasonably obstruct access to the Works or any part thereof by those authorized by Terasen;

(iii) may by its operation, use, maintenance or existence on the Area of the Works, reasonably create or increase any hazard to persons or property in relation to the Works; or

(iv) contravene the provisions of the Gas Utility Act, Pipeline Act or Gas Safety Regulations pursuant to the Safety Standards Act, all as amended from time to time;

(c) the Grantor will not carry out blasting or aerial logging operations on or adjacent to the Area of the Works without prior written permission from Terasen, which permission will not be unreasonably withheld, delayed or accompanied by unreasonable conditions; and

(d) the Grantor will not diminish or increase the ground elevation in the Right-of-Way Area by any method, including piling any material or creating any excavation, drain or ditch in the Right-of-Way Area, unless permission in writing from Terasen has first been received, which permission will not be unreasonably withheld, delayed or accompanied by unreasonable conditions.

15.0 Compensation for Damages

15.1 Subject to the Right-of-Way granted herein, Terasen covenants with the Grantor that if Terasen damages any structures, buildings, fixtures, improvements, chattels, animals, crops or merchantable timber owned by the Grantor anywhere on the Lands, and such damage is not caused as a result of the Grantor's breach of the terms of this Agreement or the negligent or willful act of the Grantor or its contractors, agents or permittees, that Terasen will:

(a) compensate the Grantor for such damage to structures, buildings, fixtures, improvements, chattels, animals, crops, or merchantable timber; or

(b) within a reasonable period of time, repair in a good and workman-like manner any damaged structure, building or improvement, as closely as is practicable to its condition immediately prior to the occurrence of the damage.

15.2 Despite section 15.1, Terasen covenants with the Grantor that Terasen will pay compensation to the Grantor, in accordance with generally accepted principles of timber valuation, for any merchantable timber cut or damaged by Terasen on the Lands or adjacent to the Right-of-Way Area and the parties agree that on payment, title to any timber cut on the Lands under this Agreement will vest in Terasen.

16.0 Indemnity and Interest

16.1 Terasen will at all times save harmless, indemnify and keep indemnified the Grantor against and be responsible for all claims, demands, actions, suits or other legal proceedings by whomsoever made or brought against the Grantor by reason of or arising out of:

(a) the escape, ignition or explosion from whatever cause whatsoever of natural gas from the Works;

(b) any breach, violation or non-performance by Terasen of any of Terasen's covenants, conditions or obligations under this Agreement; or

(c) any act or omission on the part of Terasen in respect of or in relation to the Works including the construction, maintenance, operation, decommissioning or removal of same.

16.2 Terasen will at all times hereafter pay to the Grantor the amount of any loss or damage which may be suffered or sustained by the Grantor by reason of or arising out of the matters set forth in section 16.1, including reasonable administration and legal costs, provided that Terasen has the right to take up the defense of any such matters and the Grantor agrees not to admit liability for, settle or compromise any such matters without the express written consent of Terasen.

17.0 Dispute Resolution

17.1 Any dispute arising out of or in connection with this Agreement will be resolved as follows:

(a) the parties will attempt to resolve disputes by negotiations, including timely disclosure of all relevant facts, information and documents;

(b) either party may, at any time, by written notice request that the dispute be referred to mediation, conducted by a mediator, knowledgeable about the matters in dispute; and

(c) if the dispute is not resolved within 30 days of the notice to mediate under subsection (b) or any further period of time agreed to by the parties, then, on the agreement of the parties, the dispute may be referred to a single arbitrator for final resolution in accordance with the provisions of the British Columbia Commercial Arbitration Act. If the parties do not agree to arbitration, then any party may refer the matter to a court of competent jurisdiction; except that it is not incompatible with this subsection for a party to apply to a court of competent jurisdiction at any time for interim or conservatory relief and for the court to grant that relief.

18.0 Runs With the Land

18.1 This Agreement runs with and binds the Lands to the extent necessary to give full force and effect to this Agreement.

19.0 Assignment

19.1 This Agreement and the Right-of-Way granted herein:

(a) may not be assigned in part or in whole or otherwise transferred without the prior written consent of the Grantor, which consent will not be unreasonably withheld, delayed or accompanied by unreasonable conditions; but

(b) may be assigned or otherwise transferred to an Affiliate without the consent of the Grantor.

20.0 Notice

20.1 Whenever it is required or permitted that notice or demand be given by any party to the other, the same will be in writing and will be forwarded to the following addresses:

To the Grantor:
Tsawwassen First Nation
131 North Tsawwassen Drive
Delta, BC V4M 4G2
Attn:
 
Fax: (604) 943-9226
  
To Terasen:
Terasen Gas Inc.
3700 2nd Avenue,
Burnaby, British Columbia
V5C 6S4
 
Fax: (604) 293-8640
Attn: Senior Counsel

20.2 If any question arises as to the date on which such notice was communicated to any party, it will be deemed to have been given on the earlier of:

(a) if it was delivered personally or by courier, on the next business day;

(b) if it was sent by fax, on the next business day; or

(c) if it was sent by mail, on the sixth day after the notice was mailed.

In the event of postal disruption or an anticipated postal disruption, notices may not be given by mail.

20.3 A change of address by a party may be given to the other in accordance with this provision.

21.0 General

21.1 A breach of any term, condition, covenant or other provision of this Agreement may only be waived in writing, and any waiver will not be construed as a waiver of any subsequent breach. Consent to or approval of any act, where consent or approval is required under this Agreement, will not be construed as consent to or approval of any subsequent act.

21.2 No remedy set out in this Agreement is exclusive of any other remedy provided by law, but will be in addition to any other remedy existing at law, or by statute.

21.3 The terms and provisions of this Agreement will extend to, be binding upon and enure to the benefit of the parties and their respective successors and permitted assigns.

21.4 Any party to this Agreement may register this Agreement in any land registry system established or used by the Grantor for lands within its jurisdiction. At the request of any party to this Agreement, all parties will cooperate in executing any documents or plans required to accomplish the registration of this Agreement and to preserve the substance and priority of this Agreement in relation to those portions of the Lands affected by this Agreement.

21.5 A delegate appointed by the Grantor may provide Terasen with all commentary, authorizations and approvals required pursuant to this Agreement including without limitation, all commentary, authorizations or approvals required in relation to work plans, sketch plans, access to the Area of the Works, and relocations or replacements of any Works as contemplated in this Agreement.

21.6 This Agreement may not be amended except by written agreement signed by both parties to this Agreement

22.0 Interpretation

22.1 In this Agreement:

(a) all attached schedules form an integral part of this Agreement;

(b) the headings are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of this Agreement; and

(c) if any provision is determined by a court or arbitrator of competent jurisdiction to be illegal or unenforceable, that provision will be considered separate and severable, and the legality or enforceability of the remaining provisions will not be affected by that determination.

IN WITNESS WHEREOF the parties have duly executed this Agreement, as of the date first reference above.

Terasen Gas Inc.
by its authorized signatory,
 
______________________________
(Signature)
 
______________________________
(Name of signatory -- printed)
 
______________________________
Title

Tsawwassen First Nation
by its authorized signatory,
 
______________________________
(Signature)
 
______________________________
(Name of signatory -- printed)
 
______________________________
Title

SCHEDULE "A"

Legal Description of Lands

SCHEDULE "B"

Map of the Lands

SCHEDULE "C"

Plan and Description of Existing Works, to be amended as per section 3.2

Document 6 – Broadband Communications Distribution Works Right Of Way Agreement

(Delta Cable Communications Ltd.)

LAND TITLE ACT

FORM C

(Section 233)

Province of British Columbia

GENERAL INSTRUMENT – PART 1    (This area for Land Title Office use)    PAGE 1 of 10 pages

1. APPLICATION: (Name, address, phone number and signature of applicant, applicant's solicitor or agent)


2. PARCEL IDENTIFIER AND LEGAL DESCRIPTION OF LAND:*

(PID)     (LEGAL DESCRIPTION)


3. NATURE OF INTEREST:

DESCRIPTION     DOCUMENT REFERENCE     PERSON
                         (Page and paragraph)        ENTITLED TO
                                                               INTEREST

RIGHT OF WAY                                         TRANSFEREE


4. TERMS: Part 2 of this instrument consists of (select one only)

(a) Filed Standard Charge Terms D.F. No.
(b) Express Charge Termsx Annexed as Part 2
(c) Release There is no Part 2 of this instrument

A selection of (a) includes any additional or modified terms referred to in Item 7 or in a schedule annexed to this instrument. If (c) is selected, the charge described in Item 3 is released or discharged as a charge on the land described in Item 2.


5. TRANSFEROR(S):*

TSAWWASSEN FIRST NATION


6. TRANSFEREE(S): (including postal address(es) and postal code(s))*

DELTA CABLE COMMUNICATIONS LTD., 5381 48th Avenue, Delta BC V4K 1W7


7. ADDITIONAL OR MODIFIED TERMS:*

N/A


8. EXECUTION(S): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s) described in Item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of a true copy of the filed standard charge terms, if any:

 Execution Date 
Officer Signature(s)
Y

 
 
 
 
M

 
 
 
 
D

 
 
 
 
Party(ies) Signature(s)

Officer Certification:

Your Signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1979, c. 116, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.

* If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E.

** If space insufficient, continue executions on additional page(s) in Form D.

RIGHT-OF-WAY AGREEMENT FOR BROADBAND COMMUNICATIONS DISTRIBUTION WORKS

This Agreement is made as of __________________________, 200_______,

Between:

Tsawwassen First Nation

131 North Tsawwassen Drive, Delta, BC, V4M 4G2

(the "Grantor")

And:

Delta Cable Communications Ltd., a corporation incorporated under the laws of the Canada

("Delta Cable")

WHEREAS:

A. The Grantor, Canada and the Province of British Columbia have entered into a Final Agreement as hereinafter defined.

B. In accordance with the Final Agreement, the Grantor wishes to grant to Delta Cable a right-of-way with respect to the Grantor's Lands as hereinafter defined

NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the premises and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties, the parties hereto covenant and agree as follows:

1.0 Definitions

1.1 In this Agreement:

"Area of the Works" means those portions of the Lands located within six (6) metres of either side of the center of the alignment of the Works;

"Affiliate" has the meaning ascribed to it in the Business Corporations Act, S.B.C. 2002, c.57, as amended or replaced from time to time;

"Agreement" means this right-of-way agreement and all schedules attached to it;

"Broadband Communications Works" means all things and components, using any type of technology, necessary or convenient for the purpose of broadband communications on, over, under, across and through the Works Area, in whole or in part, by any means, including poles, guy wires, brackets, crossarms, insulators, transformers, anchors, attachments, lines, access nodes and cables, including fibre optic cables, in whole or in part and underground conduits, lines and pipes of every kind, underground cables, including fibre optic cables, together with all ancillary appliances, fittings and cabinets and above ground or underground equipment shelters, but excluding towers;

"Environment" means all the components of the earth including, without limitation, all layers of the atmosphere, air, land (including, without limitation, all underground spaces and cavities and all lands submerged under water), soil, water (including, without limitation, surface and underground water), organic and inorganic matter and living organisms, the interacting natural systems that include the foregoing and all other external conditions or influences under which humans, animals and plants live or are developed;

"Excluded Area" means any right-of-way area or corridor that is not part of the Lands but in whole or in part passes through the Lands or is adjacent to such Lands;

"Final Agreement" means the Tsawwassen First Nation Final Agreement among the Grantor, Canada and British Columbia;

"Lands" means the lands and premises as are legally described in Schedule "A" and as are shown in Schedule "B", which are both attached to this Agreement;

"Right-of-Way" means the tenure and those rights, privileges, licenses, liberties and permits granted to and held by Delta Cable as set out in Part 2.0 of this Agreement;

"Right-of-Way Area" means, collectively, the Works Area and the Area of the Works;

"Works" as it relates to the rights and responsibilities of Delta Cable means the Broadband Communications Works of Delta Cable and its Affiliates, all as they may exist from time to time; and

"Works Area" means those portions of the Lands more particularly described in Part 3.0 of this Agreement.

1.2 With respect to any obligation on the part of Delta Cable under this Agreement, any reference to Delta Cable includes its servants, officers, employees, agents, contractors, sub-contractors, invitees, licensees, successors, permitted assigns, and those for whom Delta Cable is responsible in law.

2.0 Grant of Right-of-Way

2.1 Effective as of the date of this Agreement, the Grantor grants a Right-of-Way over the Lands to Delta Cable commencing on the date written above and continuing for so long as any of the Right-of-Way is required by Delta Cable, which Right-of-Way shall confer on Delta Cable, the right, privilege, liberty and permit to:

(a) use the Works Area as follows:

(i) to excavate for, construct, install, erect, abandon, replace, extend, upgrade, operate, maintain, alter, remove and repair the Works on, over, under, across and through the Works Area;

(ii) to clear the Works Area and keep it cleared (including pruning or removal) of any trees or growth at any time located therein; and

(iii) generally, to do all such other acts or things on the Works Area as may reasonably be necessary or incidental to the business of Delta Cable in connection with any of the foregoing;

(b) use the Area of the Works as follows:

(i) to enter, work, inspect, pass and repass upon, on, and along the Area of the Works;

(ii) to clear the Area of the Works and keep it cleared of all or any part of any obstruction, improvement or other matter which, in the reasonable opinion of Delta Cable, might interfere with or endanger the Works, disrupt service to Delta Cable's customers, or pose a hazard to the Works or persons in relation to the Works;

(iii) to clear the Area of the Works and keep it cleared (including pruning or removal) of all or any part of any trees or growth which do or might, in the reasonable opinion of Delta Cable, interfere with or endanger the Works, disrupt service to Delta Cable's customers, or pose a hazard to the Works or persons in relation to the Works; and

(c) to enjoy further rights as follows:

(i) Delta Cable may, with the prior written consent of the Grantor, and any party with a registered interest in the affected areas, such consent not to be unreasonably withheld, delayed or conditioned, cut trees outside the Area of the Works, if in the reasonable opinion of Delta Cable such trees would threaten to damage the Works or pose a hazard to the Works or persons in relation to the Works;

(ii) Delta Cable may pass and repass over existing roads on the Lands for access to and from the Area of the Works, and in the event that such roads become closed to the public for any reason, the Grantor shall nonetheless provide Delta Cable access to such roads for the purpose for ingress and egress to and from the Area of the Works, to the extent reasonably practicable, or to such alternative access as may be available, at no additional cost to Delta Cable;

(iii) If no such road access is available, Delta Cable may have access to and over other portions of the Lands for access to and from the Area of the Works, provided that such access has been approved by the Grantor, such approval not to be unreasonably withheld or delayed, and by any other person having an interest in such portion or portions; provided that such approval is not required if access is necessary for determining consumption or usage of services, in emergency situations or for normal surveillance or safety inspection purposes;

(iv) Delta Cable may enter onto the Lands outside the Area of the Works for the purpose of undertaking works to protect any Works located within the Lands or within an Excluded Area or to protect persons and property that may be at risk from such Works, provided that:

A. Delta Cable will deliver to the Grantor for prior approval a written work plan describing the proposed work on the Lands;

B. the Grantor will not unreasonably withhold or delay approval of such work plan and will not impose any unreasonable conditions relating to the granting of such approval and shall take into consideration the effect of the proposed work, the cost of the proposed work compared to the cost of alternate solutions and the extent of the risk of not undertaking the work. If Delta Cable and the Grantor, each acting reasonably, cannot agree on a work plan within 30 days of receipt by the Grantor of the work plan proposed by Delta Cable, then either party may refer the disagreement to dispute resolution under section 17.1 of this Agreement; and

C. in the event that any damage to the Lands results from the implementation of the work plan by Delta Cable, Delta Cable will repair and restore the damaged portion of the Lands as near as is reasonably feasible, to their condition prior to the implementation of the work plan or, at Delta Cable's discretion, pay to the Grantor appropriate compensation in respect of such damage.

2.2 Notwithstanding the foregoing, if Delta Cable determines in its reasonable judgment that an emergency situation exists or there are imminent safety concerns or risk of public harm, Delta Cable may, without approval of the Grantor, undertake works and take such steps on the Lands as are reasonably required to be taken immediately in order to protect the Works located within the Lands or within an Excluded Area, or to protect persons and property that may be at risk from such Works, and in that event Delta Cable will as soon as reasonably possible notify thereafter the Grantor.

3.0 Works Area

3.1 The Works Area consists of all portions of the Lands reasonably required by Delta Cable for the following:

(a) those Works existing at the date of this Agreement;

(b) any additional Works constructed adjacent to, along the sides of and across any of the Grantor's roads from time to time existing on or through the Lands;

(c) any additional Works that provide services to any lands adjacent to any roads from time to time existing on or through the Lands; and

any such other portions of the Lands as are from time to time consented to in writing by the Grantor, or any delegate appointed by the Grantor.

3.2 The parties agree that the sketch plan attached to this Agreement as Schedule "C" reasonably represents the Works existing as of the date of this Agreement. As and when new works are added to the Lands by Delta Cable, the parties will update Schedule "C" to reflect such new works, it being the intention of the parties for this Agreement and all of its terms and provisions to apply to such new works in their entirety.

3.3 Nothing in this Part 3.0 is intended to affect the rights of Delta Cable to make arrangements directly with a person in legal possession of any lands for the construction, operation and maintenance of the Works and all matters incidental thereto.

4.0 Non-Exclusive Use

4.1 Notwithstanding anything else in this Agreement, Delta Cable acknowledges and agrees that:

(a) this Agreement does not grant a fee simple interest in the Lands to or in favour of Delta Cable; and

(b) the Grantor may grant to third parties other interests on the Right-of-Way Area upon prior written notice to Delta Cable, provided that any such grant of other interests shall not compromise or, by action of the Grantor or the grantee, damage, disrupt, adversely affect or interfere with the use by Delta Cable of the Works or Right-of-Way Area.

5.0 Protection of the Environment

5.1 Delta Cable will undertake activities permitted under this Agreement having regard for the impact on the Environment, and will take prudent measures to minimize the danger or disruption to the Environment.

6.0 Covenants of Delta Cable

6.1 Delta Cable covenants with the Grantor to:

(a) pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged to the account of Delta Cable, which relate to the Right-of-Way Area and which Delta Cable is liable to pay;

(b) keep the Right-of-Way Area, and any Works, in a safe, clean and sanitary condition to the extent the condition relates to the use or occupation of the Right-of-Way Area by Delta Cable, provided that Delta Cable has no obligation to keep any roads within the Right-of-Way Area suitable for use by anyone except Delta Cable;

(c) bury and maintain all underground Works as may be required so as not to unduly interfere with the drainage of the Lands;

(d) take all reasonable steps and precautions to minimize disturbance of any archaeological material discovered by Delta Cable on the Right-of-Way Area, and to immediately notify the Grantor;

(e) not bury debris or rubbish of any kind on the Lands in excavations or backfill, and to remove shoring and similar temporary structures as backfilling proceeds; and

(f) not commit or suffer any willful or voluntary waste, spoil or destruction on the Right-of-Way Area, or do or suffer to be done thereon anything that may be or become a nuisance or annoyance to the Grantor, except to the extent required by Delta Cable, acting reasonably, to exercise the rights granted herein.

7.0 New Works Constructed by Delta Cable

7.1 Prior to undertaking construction on the Lands of any new Works which are not alterations, extensions or additions to existing Works, Delta Cable, will deliver to the Grantor for prior approval, a sketch plan showing with reasonable accuracy the location of any new Works, which approval will not be unreasonably withheld, delayed or conditioned.

8.0 Relocation of Works Due to Change

8.1 If a material change occurs to the Lands, such as erosion, which for any reason makes the continued use of any portion of the Right-of-Way Area unsuitable for the continued operation and maintenance of any of the Works, then the Grantor will consent, which consent will be, at no cost to Delta Cable, to the relocation and replacement of such Works to a new location on the Lands, as follows:

(a) Delta Cable will, before undertaking any work, deliver a sketch plan to the Grantor indicating the contemplated relocation of the Works for approval by the Grantor, which approval will not be unreasonably withheld, delayed or made subject to any unreasonable conditions;

(b) Delta Cable will take into account any likely material adverse effect of the relocated Works on adjacent lands, and the Grantor will take into account the cost efficiencies of the location selected by Delta Cable for the relocated Works in relation to alternative locations;

(c) the relocated Works will be covered by the terms and conditions of this Agreement; and

(d) subject to the foregoing, the cost of such relocation will be borne by Delta Cable.

9.0 Relocation of Works at the request of the Grantor

9.1 If the Grantor requires a portion of the Right-of-Way Area for other purposes, then upon written request by the Grantor, Delta Cable will relocate any Works in the Right-of-Way Area to a new location on the Lands, provided that:

(a) the new location is, in the reasonable opinion of Delta Cable, suitable for use for the relocated Works considering construction, maintenance and operation, and cost factors;

(b) the Grantor gives Delta Cable reasonable notice to permit proper design, planning and construction of the Works to be relocated;

(c) the Grantor agrees to pay all reasonable costs and expenses, including costs of design, supervision and construction (before any relocation, the Grantor will pay the costs and expenses as estimated by Delta Cable, with appropriate adjustments made, based on actuals, after the relocation is complete); and

(d) without any further action required on the part of the parties, a new Right-of-Way will be deemed to have been established upon the terms and conditions of this Agreement, which will apply to and cover such relocated Works.

10.0 Fencing and Use of the Right-of-Way Area

10.1 Except for the purpose of protecting any necessary above ground Works, Delta Cable will not fence the Right-of-Way Area without the prior consent of the Grantor. Any present or future lessees or permittees having any rights with respect to the Right-of-Way Area are, subject to the rights granted to Delta Cable herein, to be allowed free access to the Right-of-Way Area and the use of the same except for:

(a) making, placing, erecting or maintaining any building, structure, excavation, pile of material or obstruction or planning any growth on the Area of the Works which, in the reasonable opinion of Delta Cable might interfere with or endanger the construction, operation, maintenance or removal of the Works or might reasonably obstruct access by Delta Cable to the Works; or

(b) doing any act or thing that might reasonably interfere with or damage the Works or create or increase any hazards to persons in relation to the Works.

11.0 Inspections

11.1 It will be lawful for the Grantor at all reasonable times to enter upon the Right-of-Way Area for the purpose of examining the Works Area and the Works.

12.0 Restoration

12.1 When a portion of the Works Area is no longer required for the Works, Delta Cable will restore the ground surface to the affected portion of the Works Area, as near as is reasonably possible to its condition prior to the installation of the Works, including the removal of any above ground Works.

12.2 Section 12.1 will survive the termination or expiration of this Agreement.

13.0 Removal of Works

13.1 On the termination or expiration of this Agreement, Delta Cable may, subject to the consent of the Grantor, abandon the Works and transfer to the Grantor all ownership, right and interest in the whole or in part of the Works. If the consent of the Grantor is not obtained within one year after the date of the termination or expiration of this Agreement, Delta Cable will remove the Works, where practicable, as soon as reasonably possible in the circumstances.

13.2 Delta Cable will remain liable for any environmental damage to the Lands arising from any below ground Works that remain on or in that portion of the Right-of-Way Area after the termination or expiration of this Agreement, except that if the Grantor uses or authorizes the use of the remaining below ground Works for any purpose, then Delta Cable will not be liable for any environmental damage caused by the Grantor's use or other use authorized by the Grantor.

13.3 Sections 13.1 and 13.2 will survive the termination or expiration of this Agreement.

14.0 Covenants of the Grantor

14.1 The Grantor covenants with Delta Cable that:

(a) subject to subsection 4.1 (b), Delta Cable shall and may peaceably enjoy and hold the Right-of-Way without interruption, disturbance, molestation or hindrance whatsoever from the Grantor or any other person lawfully claiming from or under the Grantor, provided however that nothing in this section 14.1 shall limit the Grantor's right of inspection pursuant to section 11.1.

(b) the Grantor will not permit or make, place, erect, operate, use or maintain any building, structure, foundation, pavement, excavation, well, pile of material, fill, obstruction, equipment, thing or inflammable substance, or plant any growth upon the Area of the Works, if any such action or thing:

(i) may reasonably interfere with or endanger the Works or any part thereof or the installation, operation, maintenance, removal or replacement of the Works or any part thereof;

(ii) may reasonably obstruct access to the Works or any part thereof by those authorized by Delta Cable; or

(iii) may by its operation, use, maintenance or existence on the Area of the Works, reasonably create or increase any hazard to persons or property in relation to the Works;

(c) the Grantor will not carry out blasting or aerial logging operations on or adjacent to the Area of the Works without prior written permission from Delta Cable, which permission will not be unreasonably withheld, delayed or accompanied by unreasonable conditions; and

(d) the Grantor will not diminish or increase the ground elevation in the Right-of-Way Area by any method, including piling any material or creating any excavation, drain or ditch in the Right-of-Way Area, unless permission in writing from Delta Cable has first been received, which permission will not be unreasonably withheld, delayed or accompanied by unreasonable conditions.

15.0 Compensation for Damages

15.1 Subject to the Right-of-Way granted herein, Delta Cable covenants with the Grantor that if Delta Cable damages any structures, buildings, fixtures, improvements, chattels, animals, crops or merchantable timber owned by the Grantor anywhere on the Lands, and such damage is not caused as a result of the Grantor's breach of the terms of this Agreement or the negligent or willful act of the Grantor or its contractors, agents or permittees, that Delta Cable will:

(a) compensate the Grantor for such damage to structures, buildings, fixtures, improvements, chattels, animals, crops, or merchantable timber; or

(b) within a reasonable period of time, repair in a good and workman-like manner any damaged structure, building or improvement, as closely as is practicable to its condition immediately prior to the occurrence of the damage.

15.2 Despite section 15.1, Delta Cable covenants with the Grantor that Delta Cable will pay compensation to the Grantor, in accordance with generally accepted principles of timber valuation, for any merchantable timber cut or damaged by Delta Cable on the Lands or adjacent to the Right-of-Way Area and the parties agree that on payment, title to any timber cut on the Lands under this Agreement will vest in Delta Cable.

16.0 Indemnity and Interest

16.1 Delta Cable will at all times save harmless, indemnify and keep indemnified the Grantor against and be responsible for all claims, demands, actions, suits or other legal proceedings by whomsoever made or brought against the Grantor by reason of or arising out of:

(a) any breach, violation or non-performance by Delta Cable of any of Delta Cable's covenants, conditions or obligations under this Agreement; or

(b) any act or omission on the part of Delta Cable in respect of or in relation to the Works including the construction, maintenance, operation, decommissioning or removal of same.

16.2 Delta Cable will at all times hereafter pay to the Grantor the amount of any loss or damage which may be suffered or sustained by the Grantor by reason of or arising out of the matters set forth in section 16.1, including reasonable administration and legal costs, provided that Delta Cable has the right to take up the defense of any such matters and the Grantor agrees not to admit liability for, settle or compromise any such matters without the express written consent of Delta Cable.

17.0 Dispute Resolution

17.1 Any dispute arising out of or in connection with this Agreement will be resolved as follows:

(a) the parties will attempt to resolve disputes by negotiations, including timely disclosure of all relevant facts, information and documents;

(b) either party may, at any time, by written notice request that the dispute be referred to mediation, conducted by a mediator, knowledgeable about the matters in dispute; and

(c) if the dispute is not resolved within 30 days of the notice to mediate under subsection (b) or any further period of time agreed to by the parties, then, on the agreement of the parties, the dispute may be referred to a single arbitrator for final resolution in accordance with the provisions of the British Columbia Commercial Arbitration Act. If the parties do not agree to arbitration, then any party may refer the matter to a court of competent jurisdiction; except that it is not incompatible with this subsection for a party to apply to a court of competent jurisdiction at any time for interim or conservatory relief and for the court to grant that relief.

18.0 Runs With the Land

18.1 This Agreement runs with and binds the Lands to the extent necessary to give full force and effect to this Agreement.

19.0 Assignment

19.1 This Agreement and the Right-of-Way granted herein:

(a) may not be assigned in part or in whole or otherwise transferred without the prior written consent of the Grantor, which consent will not be unreasonably withheld, delayed or accompanied by unreasonable conditions, but

(b) may be assigned or otherwise transferred to an Affiliate without the consent of the Grantor.

20.0 Notice

20.1 Whenever it is required or permitted that notice or demand be given by any party to the other, the same will be in writing and will be forwarded to the following addresses:

To the Grantor: Tsawwassen First Nation
131 North Tsawwassen Drive
Delta, BC V4M 4G2
 
Attn:
Fax: 604-943-9226
To Delta Cable: Delta Cable Communications Ltd.
5381 48th Avenue,
Delta, British Columbia
V4K 1W7
 
Fax: 604- 946-5627
Attention: General Manager

20.2 If any question arises as to the date on which such notice was communicated to any party, it will be deemed to have been given on the earlier of:

(a) if it was delivered personally or by courier, on the next business day;

(b) if it was sent by fax, on the next business day; or

(c) if it was sent by mail, on the sixth day after the notice was mailed.

In the event of postal disruption or an anticipated postal disruption, notices may not be given by mail.

20.3 A change of address by a party may be given to the other in accordance with this provision.

21.0 General

21.1 A breach of any term, condition, covenant or other provision of this Agreement may only be waived in writing, and any waiver will not be construed as a waiver of any subsequent breach. Consent to or approval of any act, where consent or approval is required under this Agreement, will not be construed as consent to or approval of any subsequent act.

21.2 No remedy set out in this Agreement is exclusive of any other remedy provided by law, but will be in addition to any other remedy existing at law, or by statute.

21.3 The terms and provisions of this Agreement will extend to, be binding upon and enure to the benefit of the parties and their respective successors and permitted assigns.

21.4 Any party to this Agreement may register this Agreement in any land registry system established or used by the Grantor for lands within its jurisdiction. At the request of any party to this Agreement, all parties will cooperate in executing any documents or plans required to accomplish the registration of this Agreement and to preserve the substance and priority of this Agreement in relation to those portions of the Lands affected by this Agreement.

21.5 A delegate appointed by the Grantor may provide Delta Cable with all commentary, authorizations and approvals required pursuant to this Agreement including without limitation, all commentary, authorizations or approvals required in relation to work plans, sketch plans, access to the Area of the Works, and relocations or replacements of any Works as contemplated in this Agreement.

21.6 This Agreement may not be amended except by written agreement signed by both parties to this Agreement

22.0 Interpretation

22.1 In this Agreement:

(a) all attached schedules form an integral part of this Agreement;

(b) the headings are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of this Agreement; and

(c) if any provision is determined by a court or arbitrator of competent jurisdiction to be illegal or unenforceable, that provision will be considered separate and severable, and the legality or enforceability of the remaining provisions will not be affected by that determination.

IN WITNESS WHEREOF the parties have duly executed this Agreement, as of the date first reference above.

Delta Cable Communications Ltd.
by its authorized signatory,
 
______________________________
(Signature)
 
______________________________
(Name of signatory — printed)
 
______________________________
Title

TSAWWASSEN FIRST NATION,
by its authorized signatory
 
Signature: ___________________________________
 
Name (Printed): ______________________________
 
Title: _______________________________________

SCHEDULE "A"

Legal Description of Lands

SCHEDULE "B"

Map of Lands

SCHEDULE "C"

Plan and Description of Existing Works, to be amended as per section 3.2

Document 7 – Cable Landing Site Lease

(British Columbia Hydro and Power Authority)

Land Title Act

Form C

(Section 233)

Province of British Columbia

GENERAL INSTRUMENT – PART 1    (This area for Land Title Office use)    PAGE 1 of 16 pages

1. Application: (Name, address, phone number and signature of applicant, applicant's solicitor or agent)


2. Parcel Identifier and Legal Description of Land:

(PID)     (Legal Description)


3. Nature Of Interest:*

Description     Document Reference          Person
                     (Page and paragraph)        Entitled to
                                                            Interest
LEASE            ENTIRE DOCUMENT           LESSOR/LESSEE


4. Terms: Part 2 of this instrument consists of (select one only)

(a) Filed Standard Charge Terms D.F. No.
(b) Express Charge Termsx Annexed as Part 2
(c) Release There is no Part 2 of this instrument

A selection of (a) includes any additional or modified terms referred to in Item 7 or in a schedule annexed to this instrument. If (c) is selected, the charge described in Item 3 is released or discharged as a charge on the land described in Item 2.


5. Transferor(S):

TSAWWASSEN FIRST NATION


6. Transferee(S): (including occupation(s), postal address(es) and postal code(s))

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY, 8th Floor - 333 Dunsmuir Street, Vancouver, BC, V6B 5R3


7. ADDITIONAL OR MODIFIED TERMS:*


8. Execution(s): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s) described in Item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of a true copy of the filed standard charge terms, if any:

 Execution Date 
Officer Signature(s)
Y

 
 
 
 
M

 
 
 
 
D

 
 
 
 
Party(ies) Signature(s)

Officer Certification:

Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1979, c. 116, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.

* If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E.

** If space insufficient, continue executions on additional page(s) in Form D.

LEASE

THIS LEASE dated for reference the ____ day of ______________________, 20________,

BETWEEN:

TSAWWASSEN FIRST NATION

131 North Tsawwassen Drive, Delta, BC, V4M 4G2

(the "Lessor")

AND:

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY, 333 Dunsmuir Street, Vancouver, British Columbia V6B 5R3

("Hydro")

WHEREAS:

A. Due to proposed development in 1969 of the Roberts Bank area in the vicinity of the Tsawwassen First Nation Indian Reserve by the National Harbours Board ("NHB"), it was determined between the Minister of Indian Affairs and Northern Development ("DIAND") and NHB that the most appropriate site for the location of a proposed Hydro transmission cable installation and cable landing site was on the Tsawwassen Indian Reserve;

B. As authorized by Order in Council P.C. 1969-1036 (Registration No. 7575-248) and approved by Tsawwassen First Nation, DIAND and NHB entered into an agreement whereby Tsawwassen First Nation ("TFN") would receive payment in the amount of $130,000 and the transfer of 13 acres of additional land in exchange for a right-of-way of 11.962 acres for Hydro's transmission cable installation for so long as required, and a lease of 1.13 acres for the cable landing site for a term of 999 years, both of which commenced on June 1, 1969 (collectively referred to as the "Original Grant");

C. The Original Grant is registered in the First Nations Land Registry System under Registration No. 1833-32;

D. The transfer of the Original Grant to Hydro was approved by TFN and authorized by Privy Council Order P.C. 1978-283 (Registration No. 57562);

E. As of [DATE], TFN, Canada and British Columbia have entered into a Final Agreement as hereinafter defined.

F. In accordance with the Final Agreement and the above Recitals, the parties intend for the lease for the cable landing site granted under the Original Grant to remain in effect and accordingly, the Lessor wishes to provide a replacement lease for the cable landing site to Hydro on substantially the same terms and conditions as contemplated in the Original Grant, as herein provided,

NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the covenants and agreements hereinafter contained, the Lessor hereby demises and leases the Leased Area to Hydro upon and subject to the following terms, conditions and covenants:

PART 1 – DEFINITIONS

Defined Terms

1.1 In this Lease:

(a) "Access Road" means the portion of the Adjacent Lands shown outlined and hatched on the plan attached hereto as Schedule D and identified as the Access Road;

(b) "Adjacent Lands" means those portions of the Lands adjacent to the Leased Area;

(c) "Effective Date" means the date upon which the Final Agreement will take effect;

(d) "Environmental Laws" means any government laws, rules, ordinances, regulations, orders or other edicts having the force of law now or hereafter in force (including without limitation the Environmental Management Act (British Columbia) and any amendments or replacements legislation and regulations thereto, and the principles of common law and equity) relating to the environment, health, safety, product liability or Hazardous Substances (including without limitation the use, manufacture, handling, transportation, production, disposal, discharge, storage or emission of Hazardous Substance or the terms of any permit issued for it) or the environmental conditions in, on, under or about the Leased Area, or in, on under or about adjoining lands but generated from the Leased Area;

(e) "Final Agreement" means the Tsawwassen First Nation Final Agreement among the Lessor, Canada and British Columbia;

(f) "Hazardous Substance" means any pollutants, contaminants, wastes, special wastes, or hazardous or toxic substances or materials including, without limitation those defined, judicially interpreted or identified in any federal, provincial, or local laws, by-laws, regulations, orders, guidelines and policies relating to the protection of the natural environment or public health and safety, including without limitation the Environmental Laws;

(g) "Lands" means the lands and premises as are legally described in Schedule A and as are shown in Schedule C, which are both attached to this Lease;

(h) "Leased Area" means the lands and premises as are legally described in Schedule B and as are shown in Schedule C, which are both attached to this Lease;

(i) "Permitted Encumbrances" means the encumbrances more particularly described on Schedule B hereto;

(j) "Term" means the term of 962 years commencing on June 1, 2006;

(k) "Unavoidable Delay" means a delay in the performance of an act or compliance with a covenant caused by fire, strike, lock-out, or other casualty or contingency beyond the reasonable control of the party obligated to perform or comply with a provision of this Lease, but does not include any insolvency, lack of funds or other financial reason; and

(l) "Works" means the submarine terminal cable landing facilities including without limitation all things and components, using any type of technology from time to time, necessary or convenient, for the purposes of distributing and/or transmitting electricity, telecommunications or communications by any method or process whatsoever, including poles, towers, antennae (except for monopole free standing antennae), anchors, guy wires, brackets, cross arms, insulators, foundations, overhead and underground conductors, wires, lines, cables and transformers, underground conduits and pipes, underground vaults, access nodes, cable protectors (metallic or concrete), gutters, sluices, splices, ballasts, support substances cabinets all ancillary appliances and fittings, reasonably required associated protective installations, and related works such as fencing for safety or security, devices and identifying colours for aircraft warning, and utility services for the operation of any of the foregoing.

PART 2 – DEMISE AND TERM

Demise

2.1 Subject to the Permitted Encumbrances, the Lessor leases the Leased Area to Hydro, and Hydro leases the Leased Area from the Lessor, to have and to hold for and during the Term and upon and subject to the terms of this Lease.

As Is/Where Is

2.2 Hydro is leasing the Leased Area on an as is/where is basis and acknowledges that the Lessor has made no representations to the fitness of the Leased Area for any purpose or the environmental condition of the Leased Area.

Access Easement

2.3 The Lessor hereby grants to Hydro a non-exclusive easement to access and egress to and from the Leased Area over the Access Road for the duration of the Term.

PART 3 – USE OF LEASED AREA AND COVENANTS

Permitted Use

3.1 Hydro will use the Leased Area for the purpose of a submarine terminal cable landing and related functions, including without limitation the right to excavate for, construct, install, erect, abandon, replace, extend, upgrade, operate, maintain, remove and repair the Works on, over, in, under, across and through the Leased Area.

3.2 Hydro in the exercise of rights under this Lease is only subject to industry standards, and applicable statutes, regulations, by-laws, and lawful requirements of any one or combination of federal and/or provincial authorities.

Management of Leased Area

3.3 Hydro may clear the Leased Area and keep it cleared of all or any part of any trees, growth, buildings or obstruction now or hereafter on the Leased Area which might, in the reasonable opinion of Hydro, interfere with or endanger the construction, erection, stringing, excavation for, installation, operation or maintenance of the Works or any part thereof.

3.4 Hydro may conduct vegetation management upon the Leased Area, such as the planting of vegetation compatible with the undertakings of Hydro, and the application of herbicides and pesticides, provided that Hydro will not conduct any aerial application of herbicides or pesticides on the Lands.

3.5 Hydro may ground any structures, installation or things, by whomsoever owned, from time to time situated anywhere on the Lands where, in the reasonable opinion of Hydro, such grounding will eliminate or reduce hazards to persons or property in relation to the Works.

3.6 Hydro may enter onto the Lands adjacent to the Leased Area for the purpose of undertaking works to protect any Works located within the Leased Area or to protect persons or property that may be at risk from such Works, provided that:

(a) Hydro will before commencing such works deliver to the Lessor for approval a written work plan describing the proposed work on the Lands;

(b) the Lessor will not unreasonably withhold, condition or delay approval of such work plan, and shall take into consideration the effect of the proposed work, the cost of the proposed work compared to the cost of alternate solutions and the extent of the risk of not undertaking the work;

(c) Hydro will pay compensation for any damage to the Lands resulting from the implementation of the work plan; and

(d) if Hydro determines in its reasonable judgement that an emergency situation exists or there are imminent safety concerns, then Hydro may, without approval of the Lessor, undertake works and take such steps on the Lands as are reasonably required to be taken immediately in order to protect the Works, or to protect persons or property that may be at risk from the Works, and in that event Hydro will as soon as reasonably possible thereafter notify the Lessor.

Covenants of Hydro

3.7 Hydro covenants with the Lessor to:

(a) keep the Leased Area in a clean, orderly and sanitary condition;

(b) not permit any debris, garbage, trash or refuse to be placed or left outside or on the Leased Area;

(c) pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged to the account of Hydro which relate to the Leased Area and which Hydro is liable to pay;

(d) take all reasonable steps and precautions to minimize disturbance of any archaeological material discovered by Hydro on the Leased Area, and to immediately notify the Lessor; and

(e) not commit or suffer any wilful or voluntary waste, spoil or destruction on the Leased Area, or do or suffer to be done thereon anything that may be or become a nuisance or annoyance to the Lessor, except to the extent required by Hydro acting reasonably, to exercise its rights under this Lease.

Environmental Requirements

3.8 Hydro agrees not to store, use, manufacture, sell, release, dispose, transport, handle, bring or allow to remain on, in or under any part of the Lands or the Leased Area any Hazardous Substance.

Covenants of Lessor

3.9 The Lessor agrees as follows:

(a) not to make, place, erect or maintain any building, structure, pile of material or obstruction or plant any growth on areas adjacent to the Leased Area which, in the opinion of Hydro might interfere with or endanger the construction, erection, stringing, excavation for, installation, operation or maintenance of the Works or any part thereof, or might obstruct access by Hydro's employees, agents, or licensees to the Works or any part therefore; and

(b) not to carry out blasting or aerial logging operations on or adjacent to the Leased Area without permission in writing first received from Hydro, which permission shall not be unreasonably withheld.

PART 4 – INDEMNITY

Hydro's Contractor's Insurance

4.1 Hydro will require any contractor performing work on the Leased Area to carry and maintain, at no expense to the Lessor, commercial general liability insurance and other insurance in amounts and on terms reasonably determined by the Lessor and provide the Lessor with satisfactory proof of that insurance from time to time.

Indemnity

4.2 Hydro will not hold the Lessor liable in any way or claim against the Lessor for any loss of life, personal injury or damage to Leased Area arising from any occurrence in, on or related to the Leased Area, or occupancy or use of the Leased Area, except where caused by the Lessor or those for whom the Lessor is in law responsible.

4.3 Hydro will indemnify the Lessor and save it harmless from and against all claims, actions, damages, liabilities, costs and expenses in connection with the loss of life, personal injury or damage to Leased Area arising from Hydro's occupancy or use of the Leased Area, or occasioned wholly or in part by an act or omission of the Hydro, its officers, employees, agents, customers, contractors or other invitees except where caused by the Lessor or those for whom the Lessor is in law responsible.

4.4 The indemnity provisions contained in section 4.3 are deemed to survive the expiry or earlier termination of this Lease.

Limitation of Liability

4.5 The Lessor will not be liable to Hydro in respect of any loss, injury or damage to Hydro or any other person for any loss, injury or damage arising from any occurrence in, on or related to the Leased Area, or any loss or damage to Leased Area (including loss of use thereof) howsoever except where the injury, loss, or damage is caused by the Lessor or those for whom the Lessor is in law responsible.

PART 5 – ASSIGNMENT AND SUBLETTING

Assignment and Subletting by Hydro

5.1 Hydro may, without the consent of the Lessor, assign, mortgage, or encumber this Lease in whole or in part, or sublease all or any part of the Leased Area or permit the Leased Area to be used or occupied by any other person provided that such assignment, mortgage, encumbrance or subletting is necessary or desirable in Hydro's sole discretion, to fulfill Hydro's mandate under the Hydro Power and Authority Act or as may be further mandated by the Province of British Columbia, and provided Hydro provides written notice of same and in the event of any assignment, the assignee enters into an agreement with the Lessor where either the assignee assumes the obligations of Hydro under the Lease, or Hydro agrees in writing to retain all such obligations.

PART 6 – MAINTENANCE

Hydro's Maintenance

6.1 Hydro will at its costs:

(a) keep the Leased Area, in reasonably good, substantial and safe state of repair; and

(b) immediately reimburse the Lessor for the repair of any damage caused to any part of the Leased Area caused by or through the wilful act, negligence or omission of the Hydro, its officers, employees, agents, customers, contractors or other invitees.

Ownership of Improvements, Fixtures, Appurtenances and Attachments

6.2 The ownership of all improvements, fixtures, appurtenances and attachments on the Leased Area shall remain vested in Hydro until the end of the Lease.

Removal of Leasehold Improvements

6.3 Upon expiry of this Lease or if Hydro no longer requires the Leased Area Hydro will:

(a) dismantle and remove the Works with the exception of underground Works;

(b) remain liable for any environmental damage to the Leased Area arising from any underground Works that remain on or in the Leased Area, except that if the Lessor uses or authorizes the use of any of the remaining below ground Works for any purpose then Hydro will not be liable for any environmental damage caused by the Lessor's use, or authorized use and to the extent necessary, this covenant will survive the expiry or earlier termination of this Lease; and

(c) in its absolute discretion, be entitled to remove any improvements, fixtures, appurtenances and attachments present on the Leased Area from the Leased Area prior to the expiry of the Lease and any improvements, fixtures, appurtenances and attachments so removed shall continue to be owned by Hydro. Any improvements, leasehold improvements, fixtures, appurtenances and attachments not so removed shall be conveyed to the Lessor at the end of the Term.

PART 7 – MISCELLANEOUS

Quiet Enjoyment

7.1 Subject to the observance and performance by Hydro of all its obligations under this Lease, Hydro may use the Leased Area in accordance with the provisions of this Lease without interference by the Lessor, or any party claiming through the Lessor.

No Partnership

7.2 The Lessor does not in any way or for any purpose become a partner of, or joint venturer or a member of a joint enterprise of Hydro. No provision of this Lease is intended to create a relationship between the parties other than that of lessor and lessee.

Interpretation

7.3 Where the context requires, the singular includes the plural and vice versa, and the masculine, feminine and neuter include each other.

Registration

7.4 Hydro may register this Lease in any land registry system established or used by the Lessor for lands within its jurisdiction. At the request of either party to this Lease, both parties will cooperate in executing any documents or plans required to accomplish the registration of this Lease and to preserve the substance and priority of this Lease in relation to those portions of the Lands affected by this Lease.

No Waiver

7.5 The remedy by the Lessor or Hydro of a breach of an obligation in this Lease will not be considered to be a waiver of a subsequent breach of that or another obligation. No obligation in this Lease will be considered to have been waived by the Lessor or Hydro unless the waiver is in writing and signed.

Unavoidable Delay

7.6 If either the Lessor or Hydro is delayed, hindered in, or prevented from performing an act or complying with a covenant under this Lease by reason of Unavoidable Delay, the time for the doing of the act or complying with the covenant will be extended for a period equal to the period for which that Unavoidable Delay operates to prevent the act or thing required to be done or complied with. The party obligated to do the act or comply with the covenant will not be in default until the expiration of the time so extended. Each party will promptly notify the other of the occurrence of any Unavoidable Delay

Notices

7.7 All notices to be given pursuant to this Lease shall be in writing and shall be given by delivery or facsimile of the same to the address or facsimile number designated hereunder or to such other address or facsimile number as may be substituted therefore from time to time for the proper notice to a party hereunder. Where a notice is sent by facsimile, if it is received by a party prior to 4:00 p.m. local time on a business day, it shall be deemed to have been received on that business day, and otherwise such notice shall be deemed to be received on the business day next following its actual receipt. A party may change its address or facsimile number from time to time by giving written notice of such change to the other party in accordance with this paragraph. The respective addresses and facsimile numbers of the parties are as follows:

Lessor: Tsawwassen First Nation
131 North Tsawwassen Drive
Delta, B.C. V4M 4G2
 
Attn:
Fax: (604) 943-9226
  
Hydro: British Columbia Hydro and Power Authority
8th Floor - 333 Dunsmuir Street
Vancouver, B.C. V6B 5R3
 
Attn: Manager, Properties
Fax: (604) 623-3951

Time of Essence

7.8 Time will be of the essence in this Lease.

Severance

7.9 If any provision of this Lease or the application to any person of any provision is held to be invalid or unenforceable, the remainder of this Lease or its application will not be affected.

No Modification

7.10 No representation, understanding or agreement has been made or relied upon except as expressly set out in this Lease. This Lease may only be modified in writing signed by each party against whom the modification is enforceable.

Successors

7.11 This Lease binds and benefits the parties and their respective successors and permitted assigns.

Peaceful Surrender

7.12 Hydro will at the expiration of the Term, immediately surrender the Leased Area in a peaceable way and in the state of repair specified in this Lease.

Schedules

7.13 The Schedules attached to this Lease form part of this Lease.

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY
By:
______________________________
Authorized Signatory

TSAWWASSEN FIRST NATION, by its
authorized signatory
Signature:____________________________________
Name (Printed):_______________________________
Title:________________________________________

SCHEDULE "A"

DESCRIPTION OF THE LANDS

Legal Description

SCHEDULE "B"

DESCRIPTION OF THE LEASED AREA

Legal Description

Permitted Encumbrances:

(a) subsisting conditions, provisos, restrictions, exceptions and reservations, including royalties, contained in the original grant or contained in any other grant or disposition from the Crown;

(b) registered rights of way in favour of utilities and public authorities; and

(c) charges registered on title to the Leased Area, at the time of the making of this Lease.

SCHEDULE "C"

MAP SHOWING LANDS and LEASED AREA

SCHEDULE "D"

PLAN OF THE ACCESS ROAD AREA

Document 8 – Drainage Ditch Right of Way Agreement

(Corporation of Delta)

LAND TITLE ACT

FORM C

(Section 233)

Province of
British Columbia

GENERAL INSTRUMENT – PART 1    (This area for Land Title Office use)    PAGE 1 of 10 pages

1. APPLICATION: (Name, address, phone number and signature of applicant, applicant's solicitor or agent)


2. PARCEL IDENTIFIER AND LEGAL DESCRIPTION OF LAND:*

(PID)     (LEGAL DESCRIPTION)
SEE SCHEDULE


3. NATURE OF INTEREST:

DESCRIPTION     DOCUMENT REFERENCE     PERSON
                         (Page and paragraph)        ENTITLED TO
                                                               INTEREST

RIGHTS OF WAY                                       TRANSFEREE


4. TERMS: Part 2 of this instrument consists of (select one only)

(a) Filed Standard Charge Terms D.F. No.
(b) Express Charge Termsx Annexed as Part 2
(c) Release There is no Part 2 of this instrument

A selection of (a) includes any additional or modified terms referred to in Item 7 or in a schedule annexed to this instrument. If (c) is selected, the charge described in Item 3 is released or discharged as a charge on the land described in Item 2.


5. TRANSFEROR(S):*

TSAWWASSEN FIRST NATION

6. TRANSFEREE(S): (including postal address(es) and postal code(s))*

THE CORPORATION OF DELTA, 4500 CLARENCE TAYLOR CRESCENT, DELTA,
BRITISH COLUMBIA, V4K 3E2

7. ADDITIONAL OR MODIFIED TERMS:*

N/A


8. EXECUTION(S): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s) described in Item 3 and the Transferor(s) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of a true copy of the filed standard charge terms, if any:

 Execution Date 
Officer Signature(s)
 
______________________________
 
(as to all signatures)
Y

 
 
 
 
M

 
 
 
 
D

 
 
 
 
Party(ies) Signature(s)
TSAWWASSEN FIRST NATION
by its authorized signatory(ies)
 
__________________________
Name:
__________________________
Name:
 Execution Date 
Officer Signature(s)
 
______________________________
 
(as to all signatures)
Y

 
 
 
 
M

 
 
 
 
D

 
 
 
 
Party(ies) Signature(s)
THE CORPORATION OF
DELTA, 4500 CLARENCE
TAYLOR CRESCENT,
DELTA, BRITISH
COLUMBIA, V4K 3E2

by its authorized signatory(ies)
 
__________________________
Name:
__________________________
Name:

Officer Certification:

Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.

* If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E.

LAND TITLE ACT

FORM E

SCHEDULE


Enter the Required Information in the Same order as the Information Must Appear on the Freehold Transfer Form, Mortgage Form or General Document Form.

2. Parcel Identifier(s) and Legal Descriptions of Land

TERMS OF INSTRUMENT – PART 2

THIS AGREEMENT made [month, day, year]

BETWEEN:

[Tsawwassen First Nation]

(the "Transferor")

AND:

[Corporation of Delta]

(the "Transferee")

WHEREAS

A. The Transferor is the registered owner of that certain parcel or tract of land and premises known and described as follows:

INSERT LEGAL DESCRIPTION

(hereinafter called the "Lands")

B. Section 218 of the Land Title Act, R.S.B.C. 1996, c. 250 enables the Transferor to grant in favour of the Transferee an easement without a dominant tenement to be known as a Statutory Right of Way;

C. The Transferee desires to obtain from the Transferor a Statutory Right of Way to construct certain Works on, over and under the hereinafter described portion of the Lands for drainage and irrigation purposes;

D. The Statutory Right of Way herein granted is necessary for the operation and maintenance of the Transferee's undertaking.

1.0 DEFINITIONS

1.1 In these terms of instrument and the pages attached hereto (either before or after this page), which together comprise the document (herein the "Document"):

(a) "Agreement" means and includes the covenants, agreements and executions contained in the Document.

(b) "Transferee" means the Corporation of Delta and is named as the Transferee in Item 6 of the attached Form C;

(c) "Transferor" means the Tsawwassen First Nation and is named as the Transferor in Item 5 of the attached Form C;

(d) "Works" means drainage and irrigation ditches, together with ancillary appliances, fittings building, fixtures, machinery, plant, equipment, apparatus or other improvements power poles, transmission lines, pipes, culverts, retaining walls, wing walls, manholes, meters, pumps, valves, and similar equipment, or any of them;

2.0 GRANT

2.1 The Transferor hereby grants to the Transferee the full, free and uninterrupted right, licence, liberty, privilege, easement and right of way in common with the Transferor over those portions of the Lands (which portions are collectively called the "Statutory Right of Way") which are shown outlined in heavy black on Explanatory Plan No. [number] filed concurrently with this Agreement, a reduced copy of which plan is attached to this Agreement as Schedule A:

(a) to enter over, on, in, and under the Statutory Right of Way to:

(i) conduct surveys and examinations;

(ii) dig up, remove and replace soil;

(iii) construct, install, operate, maintain, clean, cover with soil, alter, relocate, renew, inspect and replace the Works;

for the purpose of conveying, draining, containing, protecting, metering and disposing of [water/storm water] in connection with the provision of [water drainage service] to the Lands;

(b) to bring on to the Statutory Right of Way all materials and equipment the Transferee requires or desires for the Works;

(c) to clear the Statutory Right of Way and keep it clear of anything which in the opinion of the Transferee constitutes or may constitute an obstruction to the use of the Statutory Right of Way or to the Works;

(d) to cross over the Lands for reasonable access to the Statutory Right of Way and make reasonable ancillary use of the Lands for carrying out the Works; and

(e) to do all acts which in the opinion of the Transferee are incidental to the foregoing.

3.0 DURATION

3.1 The duration of the Right of Way and the rights herein granted shall be for a term of twenty (20) years commencing on [Effective Date] ● (herein called the "Commencement Date") unless cancelled in accordance with the terms hereof.

4.0 RESTRICTION OF RIGHT OF WAY

4.1 The Transferee acknowledges and agrees that the Right of Way over the Lands will be exercised only over those portions shown outlined in bold on the Statutory Right of Way Plan attached as Schedule "A";

4.2 This Agreement shall not entitle the Transferee to exclusive possession of the Right of Way and the Transferor reserves the right to grant other dispositions of the Right of Way, or any part of it, for the purposes of public utilities, roads, water, sewer and drainage pipe systems, or any other purpose, so long as the grant does not materially affect or interfere with the exercise of the Transferee's rights hereunder.

4.3 If a dispute should arise as to whether a subsequent disposition materially affects or interferes with the exercise of the Transferee's rights hereunder then the dispute shall be referred to dispute resolution pursuant to sections 12.1 to 12.5 of this Agreement.

5.0 RELOCATION OF THE WORKS

5.1 If the Transferor for any reason whatsoever wishes to relocate the Works to a New Location (the "New Location") it shall provide 180 days written notice to the Transferee of its intention to do so.

5.2 The New Location must be of sufficient size to accommodate the Works and be equally suitable for the purposes of the Transferee.

5.3 The Transferor will pay for any reasonable costs of moving the Works to the New Location. As full compensation for all other costs, expenses and damages that the Transferee may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to dispute resolution pursuant to sections 12.1 to 12.5.

5.4 The Parties will do all acts and execute all required documents, including a new or amended statutory right of way plan, to give effect to the New Location.

5.5 All other terms and condition of this Agreement will apply to the New Location for the balance of the original term.

6.0 COVENANTS OF THE TRANSFEREE

6.1 The Transferee covenants with the Transferor:

(a) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged to the account of the Transferee which relate to the Works (herein called "Realty Taxes"), and which the Transferee is liable to pay;

(b) that no taxes, fees or other terms for the use of water for irrigation or for any other purpose shall be directly or indirectly charged to the Transferor by the Transferee other than as expressly authorized by this Agreement and the Transferee shall indemnify and hold harmless the Transferor for any taxes, fees or other terms the Transferee in the exercise of its statutory powers levies upon the Transferor.

(c) to pay when due all charges for electricity, gas, water and other utilities supplied to the Lands for use by, on behalf of or with the permission of the Transferee;

(d) to pay all accounts and expenses as they become due for work performed on or materials supplied to the Statutory Right of Way at the request, on the behalf or with the permission of the Transferee, except for money that the Transferee is required to hold back under the Builders Lien Act;

(e) if any claim of lien over the Lands is made under the Builders Lien Act for work performed on or materials supplied to the Statutory Right of Way at the request, on the behalf or with the permission of the Transferee, the Transferee shall immediately take all steps necessary to have the lien discharged, unless the claim of lien is being contested in good faith by the Transferee and the Transferee has taken the steps necessary to ensure that the claim of lien will not subject the Lands or any interest of the Transferee under this Agreement to sale or forfeiture;

(f) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent governmental authority in any way affecting the Statutory Right of Way and the Works;

(g) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the portions of the Statutory Right of Way or do or suffer to be done thereon anything that may be or become a nuisance or annoyance to the Transferor, except to the extent required by the Transferee acting reasonably, to exercise its rights under this Agreement;

(h) to take all reasonable steps and precautions to minimize the disturbance of any archaeological material discovered by the Transferee on the Lands and to immediately notify the Transferor;

(i) not to bury debris or rubbish of any kind on the Lands in excavations or backfill, and to remove shoring and similar temporary structures as backfilling proceeds;

(j) to deliver to the Transferor from time to time, upon demand, proof of insurance provided for in subsection 6.1 (q) and receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the Transferee required to be observed by the Transferee pursuant to this Agreement;

(k) to indemnify and save the Transferor harmless from and against all losses, damages, costs and liabilities including fees of solicitors and other professional advisors arising out of:

(i) any breach, violation or non-performance by the Transferee of any of the Transferee's covenants, conditions or obligations under this Agreement, or

(ii) any act or omission on the part of the Transferee in respect of or in relation to its Works including the construction, maintenance, operation or decommissioning or removal of its Works;

(l) to keep the Statutory Right of Way in a safe, clean and sanitary condition to the extent the condition relates to the use or occupation of the Lands by the Transferee, and on written notice from the Transferor, rectify any failure to comply with such a covenant by making the Statutory Right of Way or any portion of the Lands or any Works thereon safe, clean and sanitary;

(m) to permit the Transferor, or his authorized representative to enter upon the Statutory Right of Way at any time to examine its condition;

(n) to use and occupy the Statutory Right of Way in accordance with the provisions of this Agreement;

(o) exercise care not to damage the Lands or any improvements on the Lands and if the Transferee should cause any such damage, restore such damaged Lands or improvements thereon to as close to their pre-damaged condition as is reasonably practical with reasonable dispatch or where the Transferee deems restoration to be impractical, reimburse the Transferor for all damage the Transferee has caused but not restored;

(p) on the expiration or at the earlier cancellation of this Agreement,

(i) to quit peaceably and deliver possession of the Statutory Right of Way to the Transferor;

(ii) to restore the Lands and Statutory Right of Way used by the Transferee to the reasonable satisfaction of the Transferor; and

(iii) to remove the Works and all buildings, machinery, apparatus, plant equipment, fixtures and other improvements to or things on the Statutory Right of Way from the Lands within 90 days, and any of the aforesaid improvements and things that remain thereafter shall be absolutely forfeited to and become the property of the Transferor;

and to the extent necessary, this covenant shall survive the expiration or cancellation of this Agreement;

(q) to effect and keep in force during the term of this agreement, insurance protecting the Transferor and the Transferee (without any rights of cross-claim or subrogation against the Transferor) against any claims for personal injury, death, property damage or third party, or public liability claims arising from any accident or occurrence on the Lands to an amount not less than ONE MILLION DOLLARS ($1 000 000) except that so long as the Transferee is The Corporation of Delta, the Transferor will waive the requirements of this subsection on the delivery to the Transferor of confirmation that the Transferee is self-insured;

(r) notwithstanding section 6.1 (q), the Transferor may from time to time notify the Transferee that the amount of insurance posted by the Transferee pursuant to that subsection be changed and the Transferee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to section 6.1 (q) to be changed to the amount specified by the Transferor acting reasonably, in the notice and deliver to the Transferor written confirmation of the change, except that when the Transferee is self-insuring this subsection shall not apply; and

(s) not to interfere with the rights of any other person to enter on and use the Statutory Right of Way and Lands under a prior or subsequent disposition granted by the Transferor so long as such use does not materially affect or interfere with the exercise of the Transferee's rights under this Agreement.

7.0 ASSIGNMENT

7.1 The Transferee shall not assign this Agreement or the interest of the Transferee in it or grant a license to occupy any part of the Lands without the prior written consent of the Transferor, which consent shall not be unreasonably withheld.

7.2 Notwithstanding section 7.1, the Transferee may, without the prior written consent of the Transferor:

(a) assign its interest in all or a part of the Lands to another local governmental authority; or

(b) sublicence its interest in all or part of the Lands to a Federal, Provincial or other governmental agency or department.

8.0 CANCELLATION

8.1 Should the Transferee omit, fail or neglect to carry out one of its obligations contained in this Agreement or do some act contrary to its obligations contained in this Agreement or otherwise breaches this agreement:

(a) the Transferor shall provide notice of such breach in writing to the Transferee; and

(b) the Transferee shall within thirty days of the receipt of notice or such longer period of time to which the parties may mutually agree, remedy the breach; and

(c) if the breach is not remedied within thirty days or such further time as mutually agreed, then the Transferor may at its option either

(i) cancel this Agreement and, notwithstanding subsection 6.1 (p), the Works shall be forfeited to and become, the property of the Transferor, or

(ii) enter onto the Lands and rectify such default to the extent considered necessary by it and the cost of doing so shall be a debt due and owing to the Transferor by the Transferee with interest to accrue at the prime rate of [bank] as of the date of the notice.

8.2 If this Agreement is taken in execution or attachment by any person, or the Transferee commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Transferor may, on 90 days written notice to the Transferee, cancel this Agreement and the rights herein granted.

8.3 If the Transferee ceases to use the Statutory Right of Way for the purposes permitted herein and the Transferee does not recommence its use of the Statutory Right of Way within 180 days of receipt of written notice from the Transferor, the Transferor may immediately cancel this Agreement and the rights herein granted.

8.4 The rights of the Transferor under sections 9.1 to 9.4 shall survive the expiration or earlier cancellation of this Agreement.

9.0 SECURITY

9.1 The security in the sum of $1.00 and all rights, privileges, benefits and interests accruing thereto delivered by the Transferee to the Transferor (herein called the "Security") to guarantee the performance of the Transferee's obligations under this Agreement shall be maintained in effect until such time as the Transferor certifies in writing that such obligations have been fully performed. So long as the Transferee is The Corporation of Delta or other local governmental authority, the Transferor will waive the requirement of this section.

9.2 In the event the Transferee should default in the performance of any of its obligations hereunder, it shall be lawful for the Transferor, in its sole discretion, to sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Transferor.

9.3 The rights of the Transferor under this section shall be deemed to continue in full force and effect notwithstanding the expiration or cancellation of this Agreement.

9.4 Notwithstanding any amount of Security stated to be required under section 9.1 the Transferor may from time to time by notice to the Transferee, demand the amount to be changed to that specified in a notice and the Transferee shall, within 60 days of such notice change the Security to that specified and provide the Transferor with evidence of the change, except that while Security is waived under section 9.1, this section shall not apply.

10.0 NOTICE

10.1 Where service of a notice or a document is required under this Agreement, the notice or document shall be in writing and shall be forwarded to the addresses for the Transferor and the Transferee specified on the first page of this Agreement.

10.2 If any question arises as to the date on which such notice or document was communicated to any party, it will be deemed to have been given:

(a) on the next business day if it is delivered personally, or sent by courier or by fax; or

(b) on the eighth day after its deposit in a Canada Post office at any place in Canada, if sent by registered mail.

10.3 If there is a disruption in mail services caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

10.4 Either party may, by notice in writing to the other, specify another address for service of notices under this Agreement and where another address is specified under this section, notices shall be delivered or mailed to that address in accordance with this section.

11.0 MISCELLANEOUS

11.1 A breach of any term, condition, covenant or other provision herein may only be waived in writing and any such waiver shall not be construed as or constitute a waiver of any further or other breach. Consent or approval of any act where consent or approval is required under this Agreement, shall not be construed as consent to or approval of any subsequent similar act.

11.2 No remedy set out in this Agreement is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

11.3 The terms and provisions of this Agreement shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns.

11.4 Time is of the essence in this Agreement.

12.0 DISPUTE RESOLUTION

12.1 In this section, "dispute" means any dispute arising out of or in connection with this Agreement.

12.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

12.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct mediation under its mediation rules of procedure.

12.4 If a dispute is not settled within 30 days of the appointment of the mediator or any further period of time agreed to by the parties, the parties may, by agreement, submit the dispute to a single arbitrator for final arbitration in accordance with the arbitration rules of procedure of the BCICAC.

12.5 If the parties fail to agree to submit the dispute to arbitration under section 12.4, or the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, either party may commence proceedings in relation to the dispute in any court of competent jurisdiction.

13.0 INTERPRETATION

13.1 In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

13.2 The captions and headings contained in this Agreement are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

13.3 Where in this Agreement there is a reference to an enactment of the Province of British Columbia or of Canada, that reference shall include a reference to any subsequent enactment of like effect, and unless the context otherwise requires all statutes referred to herein are enactments of the Province of British Columbia.

13.4 If any section of this Agreement or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts or sections, as the case may be, shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

14.0 IT IS MUTUALLY UNDERSTOOD, AGREED AND DECLARED by and between the Parties hereto that

(a) the covenants herein contained shall be covenants running with the Lands, and

(b) none of the covenants herein contained shall be personal or binding upon the parties hereto SAVE AND EXCEPT during the Transferor's ownership of the Lands but that the Lands shall, during the term of this agreement nevertheless, be and remain at all times charged therewith.

15.0 AND THAT, save as aforesaid, nothing in these presents shall be interpreted so as to restrict or prevent the Transferor from using the Statutory Right of Way in any manner that does not interfere with functioning and access to the Works.

16.0 AND THAT nothing herein contained shall be deemed to authorize the Transferee to construct, install or maintain any other a public works or utilities, other than the Works, in the Statutory Right of Way.

17.0 The expressions "Transferor" and "Transferee" herein contained shall be deemed to include the executors, administrators, successors and assigns of such Parties wherever the context or the Parties hereto so require.

18.0 This indenture shall enure to the benefit of and be binding upon the Parties hereto, their executors, administrators, successors and permitted assigns respectively.

19.0 IN WITNESS THEREOF the Agreement contained in the Document has been executed on one or more pages of the Document.

SCHEDULE "A"

Statutory Right of Way Plan

Contents | Sections 1 to 21 | Schedule - Contents | Schedule - Preamble | Schedule - Chapter 1 | Schedule - Chapter 2 | Schedule - Chapter 3 | Schedule - Chapter 4 | Schedule - Chapter 5 | Schedule - Chapter 6 | Schedule - Chapter 7 | Schedule - Chapter 8 | Schedule - Chapter 9 | Schedule - Chapter 10 | Schedule - Chapter 11 | Schedule - Chapter 12 | Schedule - Chapter 13 | Schedule - Chapter 14 | Schedule - Chapter 15 | Schedule - Chapter 16 | Schedule - Chapter 17 | Schedule - Chapter 18 | Schedule - Chapter 19 | Schedule - Chapter 20 | Schedule - Chapter 21 | Schedule - Chapter 22 | Schedule - Chapter 23 | Schedule - Chapter 24 | Schedule - Chapter 25 | Schedule - Appendices - Contents | Appendices - Introduction | Appendix A | Appendix B | Appendix C | Appendix D | Appendix E | Appendix F | Appendix G | Appendix H | Appendix I | Appendix J | Appendix K | Appendix L | Appendix M | Appendix N | Appendix O | Appendix P | Appendix Q | Appendix R