-2-

ND WHEREAS the parties hereto wish to make proviston for the
continuous maintenance and operation of the Grainage, dyking, riverbank
Protection and flood control works of the South Section of the Coquitiam
Cyking District in accordance with the Agreement between the City and the
Province of British Columbiz, a copy of which js attached 25 Schedule “A*

hereto and which forms a part of this Agreement;

NOX THEREFORE this Agreement witnesseth that in consideration
of the mutual covenants, conditions and payments herein reserved, the

Parties hereto covenant and agree with each other as follows:

V. The City covenants to assume its proportional share of the assets,
rights, claims and obligations of the South Section of the Coquitlam Dyking
District as are specified in subsections (a) and (b) of Section Two (2) of

a letter dated May 9, 1977 A.0. from Mr. 8. £. Marr, Deputy Minister of

the Environment, to His Honour Mayor J. L. Tonn of the District of Coquitlam,
@ Copy of which is attached hereto as Schedule "B" and which forms a part of
this agreement. The City further covenants te operate and maintain the
dyking, drainage, riverbank protection: and flood control works taken fron
the said South Section of the Coquitlam Oyking District which are physically

Situate within the municipal boundaries of the City.

a The District covenants to ass its proportional share of the assets,
Tights, claims and obligations of the South Section of the Coquitlam Dyking
District as are specified in subsections (a) and (b) of Section tno of
Paragraph Tro (2) ‘of Schedule “g". The District further covenants to
cperate and maintain the dyking, drainage and riverbank protection works
taken from the said South Section of the Coquitlam Dyking District which

ave physically situate within the munictpal boundaries of the District.

3. The City covenants to inspect and patrol the dyking, drainage and
riverbank works taken over frem the said South Section of the Coquitlan
Cyking District which are physically situate within the Municipal boundardes
of the District at no cost to the District, and, in order to ascertain that
the saic works are in good erder, the City covenants to notify the Ofstrict
in writing of any defect or injury to the works which {5 apparent upon

inspection. The District covenants to repair, replace or maintain the

: -3-
works, at {ts ow expense, within a reasonable time of receiving such notice.
In the event the District does not cemply within ninety (99} ceys of receipt
of written notice to repair, replace or maintain the works, the City fay,
in {ts discretion, carry cut fenediate repair or replacement of any of the
works situate within the municipal boundaries of the District. es set out
in the aforesaid letter of notice, and the District covensnts to repay the
City for the cost cf suci repair or replacement as determined between the
City and the District.

4. The Cfty covenants to acquire et its own expense ail easenents,
rights-of-way and rights-of-access which are required for the construction
or improvement of any of the ¢yking, drainage, riverbank protection end
flood control works located within the municipal boundartes of the City,
except where such easenents, rights-of-way, and rights-of-access are
located upon Crown lands or other Jands over which the City has no power

of expropriation.

5. The District covenants to acquire at its own expense at} easenente,
rights-of-way and rights-cf-access which ere requires for the constructica
or improvement of any of the dyking, drainage and riverbank protection works
located within the municipal boundaries of tha District, excest where such
easements, rights-of-way, and rights-of-access are located upon Crown lands

or other lands over which the District has no power of expropriation.

6. In recognition of the Covenants, terms and conditions centeined in

this agreement, both parties hereto covenant that they will make no further
claims each against the other, on acccunt of the works to be uncertaken in

improving the said crainage, dyking, riverbank protection and fleod control

works of the South Section.

7. Within the terms and conditions specified in Schedule “A™ hereto,

the City and the District covenant and agree to:

(a} Consult with and advise the Province of British Colundta
as required during the construction phasas he Flood Contro}

Works Project.

epee Aan te Mer ehapeia +:

i acetate

tet MN SMA aft Mn