{2)
AND WHEREAS plans for the said program of improvement to the

existing works and for the construction of new flocd control works have
been- provided to the Local Authority and to the Municipality pursuant

to the Federal-Provincial Agreement;

AND WHEREAS the Local Authority and the Municipality have
accepted the plans for the program of improvement and construction of

flood control works as set out in the aforesaid plans;

AND WHEREAS the implementation and construction of the works
are subject to approvals under the terms of the Federal-Provincial

Agreement;

AND WHEREAS the Local Authority and the Municipality have entered
into an agreement whereby the Local Authority shall take over, operate and
maintain those works within the jurisdiction of the Municipality as

constructed or improved under the Program

AKO WHEREAS the total estimated cost of the works {s as set out
in Appendix I attached;

“AND WHEREAS HIS HONOUR, the Lieutenant-Governor {n Council by
Order-in-Council No. dated has authorized the
Minister of the Environment to execute this egreement on behalf of the

Province;

NOH THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of
the prenises, covenants and agreements herein contained and for other good
and valueble consideration, the Province and the Local Authority covenant

and agree each with the other as follows:
1. In this agreement ‘works’ includes:
ve
(1) a river or sea dyke, floodbox, culvert, ditch or pumping

station, intended for use as a flood control or drainage

structure, or any appurtenance thereto or

(if) any improvement, construction or otherwise which affords

river bank or wave erosion protection,

(tr ene a ee

(3)

which is within the boundaries of the erea under the jurisdiction of the
Local Authcrity or the Municipetity and {s constructed or {aproved

Pursuant to the Federal-Provincial Agreenent.

2. Subject to approvals required under the Federal-Provinc{al Agree
ment, the Province will {mprove or construct those works within the afore-
said South Section and within the Municipal boundaries of the Local Authority
described 1n a program approved by the Local Authority by lawful resolution

dated and fn accordance with this Agreensnt.

3. Subject to approvals under the Federal Provincial Agreenent,
-the Province will improve or construct those works within the aforesaid
Section and within the Municipal boundaries of the Municipality described
in 8 program approved by the Municipality by lawful resolutfon dated

and in accordance with this Agreenent.

The Province will provide the Local Authority with plans of the

completed works, as constructed.

§ The time of comnencenent and the time limited for the conpletion
of the improvement or construction of the works shall be {n accordance

with the schedules to be set out by the Province.

§. The Local Author‘*y and the Funicipality shall be ressonsibie for
acquiring and making available such access, easements and ricghts-of-ney,
each within their respective boundaries, as are required for the construction
or improvement of the works where such are necessary, and for all associated

costs thereto, except where such rights-of-way or construction access are

over Crown Lands.

7. Where access, easenents or rights-of-way are over Crown Lard,

the Province will provide such access, easements, or rights-of-way without
cost to the Local Authority or the municipality.

ay

8. The Local Authority shall take over, essuse responsibility for,
operate and maintain in good order and repair the works es any clearly

divisible portion or portions thereof within the aforesaid South Section
are completed. .

‘tem

af

ip aio eye