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.