THIS AGREEMENT made the day of . in the year of our Lord One Thousand Nine Hundred and Seventy~five. BETWEEN: ELLWOOD PROPERTIES LTD., a hody corporate duly incorporated under the laws of the Province of British Columbia and having its chief place of business at 92 West 2nd Avenue, City of Vancouver, Province of British Columbia. AND THE CORPORATION OF THE CITY OF PORT COQUITLAM (HEREINAFTER CALLED THE “GRANTORS") OF THE FIRST PART AND: ELLWOOD PROPERTIES LTD., a body corporate duly incorporated under the laws of the Province of British Columbia and . having its chief place of business at 92 West 2nd Avenue, City of Vancouver, Province of British Columbia. (HEREINAFTER CALLED THE “GRANTEE"} OF THE SECOND PART WHEREAS ; (a) The Grantor, The Corporation of the City of Port Coquitlam, is the holder of the Right-of-Way registered at the New Westminster Land Registry Office, on the 25th day of August, 1972 under number H88132, over the South easterly ten (10) feet of the lands and Premises situate in the City of Port Coquitlam, Province of British Columbia, more particularly known and described as: - Lot 47 and 4® of District Lot 288 Group 1 Plan . New Westminster District (>) The Grantor, Ellwood Properties Ltd., is the registered owner of an estate in fee simple of the lands and premises situate in the City of Port Coquitlam, Province of British Columbia, more particularly known and described as: - Lot 47 of District Lot 288 Group 1 Plan New Westminster District {c) The Grantee is the registered owner of an estate in fee simple of the lands and premises situate in the City of Port Coquitlam, Province of British Columbia, more particularly known and described as: - Lot 48 of District Lot 288 Group 1 Plan . New Westminster District {d) The Grantee has applied to the Grantors for permission to jay down and construct a storm sewer pipe-line beneath the surface of a portion of the Grantor's lands hereinbefore described. (e) The Grantors have-agreed to grant. to the Grantee such rights in respect of the said strom sewer pipe-line and the said lands of the Grantors are hereinafter expressed for the consideration hereinafter appearing; WITNESSETH: 1. In consideration of the sum of ONE ~~-~--~~ ($1.00) ~---- cacces--00/100 DOLLAR of lawful money of Canada, now paid by the Grantee to the Grantors (the receipt whereof by the Grantors is hereby acknowledged) and the covenants and agreements herein contained, the Grantors do hereby grant, convey and confirm unto the Grantee its heirs and assigns, the owners for the time being of the Grantee's lands the full, free and uninterrupted right, license, liberty easement, privilege and permission to lay down, construct, operate, maintain, inspect, alter, remove, replace, reconstruct and repair a storm sewer pipe-line for the purpose of maintaining and operating a sterm sewer pipe-line in and under all that portion of Lot 47, which may be more pacticularly described as follows: - All that portion of LOT 47 of District Lot 288 Group 1 New Westminster District as shown on registered Plan included within the red outline on reference plan - TOGETHER with the full free and uninterrupted right of ingress and egress in connection therewith for the Grantee, his servants and agents to use, enter, labour, pass and re-pass upon and in the said lands to dig up such of the soil of the ssid lands as may be necessary. 2. The Grantee covenants and agrees with the Grantors that he will construct, lay down, maintain and repair the said storm sewer pipe~line in such manner and at such times as may be in accordance with City By-laws and Regulations and reasonable and proper in the circumstances. The Grantee further covenants and agrees with the Grantors that it will at all times keep the said storm sewer pipe-line in a proper state of repair and will repair forthwith on notice given by the Grantors. And Further provided that if the Grantee fails to maintain the said storm sewer pipe-line in @ proper state of repair and whether or not such notice be given, the Grantors may repair the same and charge the cost of the repairing of the same and the cost of restoring the surface soil and surfacing of the said lands to the Grantee, 3. The Grantee will, so often as its servants or agents shall enter upon the said lands to construct, reconstruct, maintain, inspect, renew or repair the said storm sewer pipe-line, forthwith restore the surface soil and surfacing materials of the said lands to, as nearly as possible, the same condition as it was prior to the entry for the aforesaid purpose or purposes. 4. All expenses incurred in the construction of the said storm sewer pipe-line and for repairs, alterations and maintenance thereto and in the performing of any and all of the covenants and agreements herein agreed to be performed by the Grantee shall be borne by and paid for by the Grantee and the Grantee herein covenants and agrees to indemnify and save harmless the Grantors, their successors and assigns, from any and all liens, losses, damages, costs, charges or expenses in any way arising from or caused by anything done or not done or maintained hereunder. Ss. The Grantee hereby covenants with the Grantors that it will not make, place, erect or maintain on the said lands any building, structure, foundation or obstruction which will interfere with the naid storm sewer pipe-line or prevent reasonable access thereto. Further provided that nothing in this clause contained shall prevent the Grantee from using the said lands for the purpose of growing vegetables or flowers and otherwise enjoying a garden and lawns on the said lands, subject to the rights of the Grantors herein granted.