nis a eta! iy ip iy ae AE? Tas 2 beat yee any THIS INDENTURE made the - (hereinafter called "The Grantor") OF THE FIRST PART THE CORPORATION OF THE CITY OF PORT COQUITLAM, 3 Munizipal Corporation having its municipal offices in the City of Port Coquitlam, in che Province of British Columbia. (hereinafter called "The Grantee") OF THE SECOND PART WHEREAS the Grantor is the owner in fee of those certain parcels or tracts of land and premises, situate, lying and being in the City of Port Coquitlam, in the Province of British Columbia, and being more particularly known and described as: (lereinafter called the said lands) AND WHEREAS to facilitate the installation of sewerage works the Grantor has agreed to permit the construction by the Grantee of the aforementioned works on the said lands, and to grant for chat purpose the right-of-way hereinafter mentioned. ' ROW THIS INDENTURE WITNESSETH that in consideration of the sum of One ($1.00) Dollar, now paid by the Grantee to the Grantor (the receipt whereof is hereby acknowledged) and for other valuable consideration the Grantor, for himself, his heirs, executors, administrators and assigns, does hereby give and grant unto the Grantee, its successors and assigns, a right-of-way and the full, free and unrestricted right and liberty to construct and maintain the aforementioned works in, over and upen all and singular that certain parcel or tract of land and premises, situate, lying and being in the City of Port Coquitlam, in the Province of British Columbia, and being more particularly known and described as: (Hereinafter called the said right-of-way) -2- AND for the purposes aforesaid to enter upon and have free and uninterrupted access at all times to the said right-of-way, with or without workmen, vehicles and equipment. AND to enter upon and have free and uninterrupted access for the purpose of repairing, cleaning and otherwise servicing the aforementioned works, placed by the Grantee upon the said lands. AND it is mutually understood and agreed by and between the parties hereto that this Indenture shall be construed into a covenant running with the land. . TO HAVE AND TO HOLD unto the Grantee, its successors and assigns forever, ‘ THE GRANTOR HEREBY AGREES that for the purpose of installing the works initially the Grantee may enter upon an additional twenty feet of the Grantor's property adjacent to the right-of-way. THE GRANTOR HEREBY COVENANTS and agrees with the Grantee that the Grantor will not erect, place or maintain any building, structure, concrete driveway or patlo, on any portion of the ripht-ef-way; AND THAT the Grantor will not do or knowingly pernit to be done any act or thing which will interfere with or injure the said works and in particular will not carry out blasting on or adjacent to the right-of-way, without the consent in writing of the Grantee provided that such consent shall not be unreasonably withheld; AND THAT the Grantor will not diminish the soil cover over any works installed in the right-of-way; AND THE GRANTOR covenants and agrees with the Grantee that any and all chattels .ad fixtures installed by the Grantee on the said right-of-way shall be and shall remain chattels, any rule at law to the contrary notwithstanding and shall belong solely and exclusively to the Grantee. THE GRANTEE WEREBY COVENANTS and agrees with the Grantor that the Grantee:- f (a) will not bury debris or rubbish of any kind in excavations or backfill, and will remove shoring and like temporary structures as backfilling proceeds, (b) will thoroughly clean the site, raking up all rubbish and construction debris and leave the site in a neat and clean condition, {c) will, as far as reasonably necessary, carry out the construction, maintenance, repair and/or replacement, and renewal of the said works in a proper and worlkmalike manner so as to do as little injury as possible, ALL EXPENSES incurred in the installation of the said works and for repairs, alterations and maintenance thereof, and in the perforning of any and all covenants herein agreed to be performed by the Grantee shall be borne and paid for by the Grantee, and the Grantee covenants and agrees to indesntfy and save harmless the Grantor, his successors and assigns from any and all losa, lamag or other exp in any way arising from or caused by anything done hereunder. “IT IS MUTUALLY UNDERSTOOD, agreed and declared hy and between the parties hereto that the covenants herein contained shall be covenants running with the land and that none of the covenants herein Contained shail be personal or binding upon the parties hereto, save and except during the Grantor's seisin or owmership of any interest in the right-of-way of which the Grantor shall be seised or which he shall have an interest, but that the land shall, nevertheless, be and remain at all times charged therewith; AND THAT, save as aforesaid, nothing in these presents shall be interpreted so as to restrict or prevent the Grantor from using the right-of-way in any manner which does not interfere with the security of efficient functioning of or unubutructed acceas sto the. sald works.