KATZIE INDIAN BAND - SERVICING AGREEMENT THIS AGREEMENT is dated for reference the day of, 200_. BETWEEN: AND: WHEREAS: CITY OF PITT MEADOWS, at 12007 Harris Road, Pitt Meadows, British Columbia V3Y 2B5 Fax number: (604 465-2404 (the City KATZIE INDIAN BAND, as represented by its DULY CONSTITUTED COUNCIL, having its Band administrative office at 10946 Katzie Road, Pitt Meadows, British Columbia V3Y 2J6 Fax number: (604 465-5949 (the Band A. The City is a municipal corporation and local government under the Community Charter and the Local Government Act of British Columbia; B. As a local government, the City has established water supply, sanitary sewage disposal, and fire response as municipal services to parts of the land area within its boundaries; C. Under section 18 of the Indian Act, R.S.C. 1985, C.I-5, the land within the boundaries of the City bounded by Bonson Road on the west, the Fraser River on the south and otherwise shown on Schedule A to this Agreement (the Reserve is a reserve held by Her Majesty the Queen in Right of Canada for the use and benefit of the Band; D. On the 13 th day of December 1971 the District (since Reincorporated as a City, the Band and the Fraser Indian District entered into a two-page agreement (the Utility Agreement respecting the supply by the District of domestic water; E. On the 4 th day of September 1985 the District and the Band entered into an agreement respecting the District supply of certain services (the 1985 Agreement ; F. The Utility Agreement and the 1985 Agreement have either expired or are terminated by this Agreement;
2 G. The Band wishes the City to provide, on the terms and conditions of this Agreement, fire response to the Reserve and water supply and sewage disposal services to the Reserve Area shown on Schedule B ; H. The City wishes to contract with the Band to provide these services to the Band, on the terms and conditions of this Agreement, as part of the City s provision of municipal services under the Community Charter; I. The services to be provided by the City to Katzie under this Agreement are to be located on the Katzie Indian Reserve no. 1; NOW THEREFORE in consideration of the payments, promises and premises of this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby expressly acknowledged by both parties, the City and the Band covenant and agree as follows: Previous Agreements PART 1 - PROVISION OF SERVICES 1. The City and the Band acknowledge and agree that the Utility Agreement, the 1985 Agreement and any other memorandum or agreement respecting the supply by the City of services to the Reserve have expired or have or are hereby terminated and the only agreement between the City and the Band as to the subject-matter of this Agreement is this Agreement. Supply of Services 2. The City agrees to provide to the Band and the Band agrees to purchase from the City, on the terms and conditions of this Agreement, the services of sanitary sewage disposal and supply of domestic drinking water to the Reserve Area shown on Schedule B, and fire response to the Reserve (collectively, the Services. Commencement of Services 3. This Agreement comes into force on January 1 st, 2007 (the Commencement Date and the City s obligation to supply the Services under this Agreement and the Band s obligation to pay for the Services under this Agreement commences on the first day of the following month. Term of Agreement 4. This Agreement shall be for three years, commencing on the Commencement Date, subject to the Band s option to renew and subject to earlier termination pursuant to its terms. References in this Agreement to the Term include the original three-year term and any renewals.
3 Option to Renew 5. The Band has two options to renew this Agreement for one-year each, and on the same terms except this option to renew, which is reduced accordingly, and if the Band is not in material default under this Agreement, the Band may, between 150 days and 90 days before the expiry of the Term, give notice of renewal to the City. Payment for Services 6. The Band agrees to pay the City for the Services at the following rates: (a For the supply of water provided by the City to the Reserve Area in Schedule B under this Agreement before the installation of the Water Meter (as later defined, the sum of $2057.00 per month, subject to any percentage increase established for other residential water users upon rate determination by bylaw (usually in March, which will be prorated to previous months for which the bylaw is in effect (January to December, and as of the 1st day of the month following installation of the Water Meter, the number of cubic metres of water as measured by the Water Meter multiplied by the rate per cubic meter that the City charges under its water works rates bylaws from time to time to other single-family residential water users within the boundaries of the City, with the price adjustments under this Agreement to come into effect on the same days that the rates are adjusted by bylaw for other single-family residential water users within the boundaries of the City; The payments under this clause (a shall be paid by the Band to the City in two equal payments on or before May 1 st and November 1 st of each year, based upon an invoice from the City, to be provided on or before January 10 th of each year, that estimates the costs for the upcoming year, with the appropriate adjustment from the previous year s estimate based on actual costs of the previous year. Late payments will be assessed a 5% penalty 30 days past the due date, and an additional 5% 60 days past the due date. For the purposes of this clause (a, the consumption of water shall be based on readings of the Water Meter at the end of each calendar month, or at the end of each six month period, by City employees or agents. (b For the disposal of sanitary sewage provided each month by the City to the Reserve Area in Schedule B under this Agreement, the number of buildings on the Reserve Area multiplied by the rate per single-family residential building as the City charges from time to time under its sanitary sewage rates bylaws to other single-family residential users of the City s sanitary sewage disposal system within the boundaries of the City, with the price adjustments under this Agreement to come into effect on the same days that the rates are adjusted for other single-family residential users within the boundaries of the City;
4 The payment under this clause (b shall be paid by the Band to the City in two equal payments on or before May 1 st and November 1 st of each year, based upon an invoice from the City, to be provided on or before January 10 th of each year, that estimates the costs for the upcoming year, with the appropriate adjustment from the previous year s estimate based on actual costs of the previous year. Late payments will be assessed a 5% penalty 30 days past the due date, and an additional 5% 60 days past the due date. For the purposes of this clause (b, the number of buildings on the Reserve Area shall be the number counted from time to time by City employees or agents. (c For the fire response service provided by the City to the Reserve under this Agreement, the sum established by the following calculation which is an amount per resident on the Reserve Area: Fire Services Operating Costs for previous year per audited financial statements Plus Fire Services Capital Costs for previous year per audited statements Divided by the total population of Pitt Meadows plus the total Katzie (Reserve population in Pitt Meadows (equals cost per person for total population served Multiplied by the total population of the Katzie (Reserve population in Pitt Meadows with the sums described above to be adjusted each year upon establishment of previous year s Fire Services Operating Costs and Fire Services Capital Costs, and by any increase in Katzie (Reserve population in Pitt Meadows, In addition to the amount above, Katzie will be invoiced for the actual amount that the City may need to pay under any mutual aid agreement with another municipality or agency in the event that the City considers it necessary to call for assistance under a mutual aid agreement in order to attempt to suppress a fire or other emergency incident on the Reserve Area. The payments under this clause (c shall be paid by the Band to the City in two equal payments on or before May 1 st and November 1 st of each year, based upon an invoice from the City, to be provided on or before January 10 th of each year, that estimates the costs for the upcoming year, with the appropriate adjustment from the previous year s estimate based on actual costs of the previous year. Late payments will be assessed a 5% penalty 30 days past the due date, and an additional 5% 60 days past the due date. For the purposes of this clause (c, the number of residents on the Reserve shall be that calculated by the City, based on the most recent Statistics Canada census, general population trends and other information considered reliable by the City,
5 and for this purpose the Band shall provide to the City copies of its records which provide an indication of the number of residents. The amounts payable under clauses (a, (b, and (c of this section are collectively called the Services Fees. GST 7. The Band warrants that it is exempt from Goods and Services Tax for goods and services sold to it and delivered to the Reserve. Standard of Services 8. Subject to any specific standard set out in this Agreement, the City will provide and the Band will accept the Services on generally the same terms and conditions and subject to the same limitations as the City provides the same services to municipal residents not on the Reserve and without limiting the foregoing, the Band agrees that the City, by entering into this Agreement, is not contracting to provide to the Band any services of a higher standard than the City provides generally. Water Works PART 2 - WATER SERVICE 9. The City and the Band acknowledge that the City s water main extends along Bonson Road with a connection to that point of the Reserve shown on Schedule C (the Connection Point and the water distribution system from that point within the Reserve and to the residences on the Reserve is a private water system that has been installed by and its owned by the Band. Repair and Maintenance of Works 10. The City acknowledges that the Band is not responsible for any costs of repair, replacement, alteration or maintenance of the water main, water connection and other water works along Bonson Road to the Connection Point, with the City being responsible for that work, and the Band acknowledges that the City is not responsible for any costs of repair, replacement, alteration or maintenance of the private water lines or other water works at or beyond the Connection Point, with the Band being responsible for that work. Domestic Use Only 11. The Band agrees that it will permit the water supplied by the City under this Agreement to be provided only to residences on the Reserve Area from time to time for domestic use (whether those residences are occupied by members of the Band or persons who are not Band members and prior to execution of this Agreement, the Band will cause the cessation of any and all non-domestic use of the City s water and during the term of this Agreement, the Band will immediately cause the cessation of any future non-domestic use of the water supply. The Band may also permit the water supplied by the City under
6 this Agreement to be provided to the Long Houses, Band Office Building and Community Service Building under the conditions of this Agreement. Water Quality and Quantity 12. The Band acknowledges and agrees that the City is not required by this Agreement to provide water of any particular quantity or quality or pressure and without limitation, the City is not required to provide any quality or quantity or pressure of water beyond that which it may choose or be capable of providing residents of the City generally. Water Meter 13. On or before May 1, 2007, the Band shall pay to the City the sum of $8,000.00 to be used by the City for the acquisition, installation and connection of a water meter, meeting the standards of section 13, at that point along the boundary of the Reserve Area shown on Schedule C (the Water Meter. 14. The Water Meter shall measure the total water supplied to the Reserve and it shall be connected to the Band s system by a 6 inch supply line, a backflow prevention device, a vault structure and all related fixtures and equipment considered necessary or desirable by the City. 15. The specifications, design and installation of the Water Meter shall all be to the satisfaction of the City s Director of Operations. 16. The Band agrees that no part of the Water Meter will be located on the City s highway right of way and the Band will permit the City and its employees, contractors, subcontractors and agents the unrestricted right to the Reserve Area in order for the Water Meter to be installed on the Reserve. 17. The Band agrees that the City may connect the Water Meter to the City s water main and the Band s water distribution system on the Reserve Area, and for this purpose the City may temporarily cap off the Band s distribution system. The Band acknowledges that this capping off may result in a temporary stoppage of water flow and some temporary sediment in the water supply. 18. Upon completion of acquisition, installation and connection of the Water Meter, the City shall calculate the costs of acquisition of the Water Meter (including taxes, shipping and other related costs and the City shall add to these direct costs either the actual sum expended by the City to hire persons to install and connect the Water Meter or the City s own actual costs of installing and connecting the Water Meter, and any excess monies held by the City shall promptly be repaid to the Band without interest and any deficiencies shall promptly be paid by the Band to the City without interest. 19. After installation of the Water Meter by the City, the Water Meter shall be the exclusive property of the Band. Notwithstanding the Band s ownership of the Water Meter, the City shall be responsible for inspecting, maintaining, repairing, and replacing the Water Meter, as determined necessary by the City or the Band, and all the City s associated
7 costs, plus 10% as a contribution to City staff and administrative time, shall be paid by the Band to the City within 30 days of the Band s receipt of an invoice. 20. The Band acknowledges that inspecting, maintaining, repairing, and replacing the Water Meter may result in a temporary stoppage of water flow and/or some temporary sediment in the water supply. 21. The Band further acknowledges that the City may temporarily stop the water flow or reduce pressure for emergency purposes. 22. The Band will permit the City and its employees, contractors, subcontractors and agents the unrestricted right to the Reserve Area in order for the Water Meter to be read, maintained, repaired, altered, replaced or otherwise, in the City s sole discretion. 23. If the City considers that it is necessary to replace the Water Main, the Band will pay the City the full costs of replacing the Water Meter if required as outlined in this Agreement for the initial installation of the Water Meter. 24. The Band shall not use or permit any other use of the land containing the Water Meter and the area 10 metres around it. 25. The City shall undertake its work on the Water Meter in a good and workmanlike manner and clear away all its construction debris at the conclusion of work. 26. If considered necessary by the City to prevent tampering with the Water Meter and/or possible contamination of the water supply, the City may construct a secure structure around the Water Meter, at the cost of the Band.
8 PART 3 - SEWAGE DISPOSAL SERVICE Sewage Disposal Works 27. The Band and the City acknowledge that the sanitary sewer trunk main and all other sewage disposal works located along, within, above or below City highways and other City-owned lands belong to the City, notwithstanding that the Band may have installed the works or paid for their installation, and that the sanitary sewage disposal system from that point within the Reserve and to the residences on the Reserve is a private sewer system that has been installed by and is owned by the Band. Repair and Maintenance of Works 28. The City acknowledges that the Band is not responsible for any costs of repair, replacement, alteration or maintenance of the sanitary sewer main, sewer connection and other sewer works along Bonson Road to the boundary of the Reserve, with the City being responsible for that work, and the Band acknowledges that the City is not responsible for any costs of repair, replacement, alteration or maintenance of the private sewer lines or other sewer works at or beyond that point, including new connections, with the Band being responsible for that work. Domestic Use Only 29. The Band agrees that it will permit the sanitary sewage disposal service supplied by the City under this Agreement to be provided only to residences on the Reserve Area from time to time for domestic use (whether those residences are occupied by members of the Band or persons who are not Band members, and during the term of this Agreement, the Band will immediately cause the cessation of any future non-domestic use of the sewer system. The Band may also permit the sanitary sewage disposal service by the City under this Agreement to provided to the Long Houses, Band Office Building and Community Service Building under the conditions of this Agreement.
9 PART 4 - FIRE RESPONSE SERVICES Access for Fire Response 30. The Band must give the City and its officers, employees, volunteers, contractors and others unrestricted vehicle and other access to and through the Reserve for the purposes of responding to and suppressing fires and other emergency incidents within the Reserve Area. Information re Roadways 31. At the time of signing this Agreement, the Band must provide the City with a plan showing the location of all roadways, lanes and other access routes within the Reserve and during the term of this Agreement, the Band must immediately provide the City with plans and information about any closure (permanent or otherwise of such access route and the opening (permanent or otherwise of any access route. Upkeep of Roadways 32. During the term of this Agreement, the Band must ensure that the roads, lanes, bridges, and other access routes within the Reserve are maintained in a state to allow safe and easy access by City fire trucks and in accordance with instructions issued to the Band from time to time under section 34 of the Indian Act. Information re Residences 33. At the time of signing this Agreement, the Band must provide the City with a plan showing the location of all residences on the Reserve Area (whether currently inhabited or not, including a house number and street address for each, and during the term of this Agreement, the Band must immediately provide the City with plans and information about new residences on the Reserve Area (whether inhabited or not, including a house number and street address for each. Scope of Fire Response 34. The Band agrees that the fire response service provided by the City to the Band under this Agreement includes only buildings and structures and not response to or suppression of wildfires or other outdoor fires that do not threaten persons or property.
10 Standard of Fire Suppression 35. The Band acknowledges and agrees that the City is not required by this Agreement to provide fire response and suppression of any particular standard and without limitation, the City is not required to provide a level of fire response and suppression beyond that which it may choose to provide or be capable of providing to residents of the City generally. Fire Hydrants 36. The Band and the City acknowledges that all fire hydrants currently located on the Reserve Area are the sole property of the Band. Additional Fire Hydrants 37. The Band or the City may from time to time, as it considers necessary, install other fire hydrants within the Reserve Area, which hydrants will be installed and inspected by a qualified professional in accordance with the B.C. Fire Code and may require a final approval inspection by the City, and which will be owned or deemed to be owned by the Band. The Band will consult with the City on the number and location of fire hydrants that may be required to service expanded development on the Reserve. The Band will provide the land required for those additional hydrants and ensure that the Band has the necessary legal right to place its hydrants at those locations, all as may be regulated by the B.C. Building Code, the B.C. Fire Code and applicable bylaws of the City. Responsibility for Hydrants 38. The Band shall be responsible for inspecting, maintaining, repairing and replacing fire hydrants, but shall consult the City in doing so and provide the City with copies of inspection reports and confirmation of what maintenance, repairs and replacement has been undertaken. The City may undertake this work at the Band's request and cost. Applicable Standard 39. Nothing in this Agreement shall require the City to install, inspect, maintain, repair and replace fire hydrants on the Reserve Area to any higher standard than applies within the City generally. Cost of Inspection 40. The Band will be responsible for inspection of fire hydrants. If the City is contracted to complete inspections the City will invoice the Band for the cost of inspections.
11 Maintenance 41. The Band shall pay to the City within 30 days of the Band receiving an invoice the City s direct costs of installing, maintaining, repairing and replacing fire hydrants, plus 10% as a contribution to the City s staff and administrative time. PART 5 - CITY AND BAND BYLAWS 42. The Band acknowledges that City bylaws regulating the City s water supply, sanitary sewage disposal, and fire response and suppression, may be applicable to the Reserve and the City may enforce its related bylaws on the Reserve. 43. The Band will not adopt a by-law that is inconsistent with this Agreement or inconsistent with the City s bylaws on the subject of water supply, sanitary sewage disposal, and fire response and suppression. 44. The Band will enforce its own by-laws in respect of conduct that does or possibly could have an impact on the Services or the City s water supply, sanitary sewage disposal, or fire response and suppression. Default 45. If: PART 6 - DEFAULT, SUSPENSION AND TERMINATION (a (b (c the Band should fail to pay monies to the City as required under this Agreement; the Band should breach any other term of this Agreement; or the Band is causing or permitting conditions on the Reserve such that the City considers a risk to health or safety of persons or property is imminent; that will constitute a default under this Agreement and the City may give to the Band a notice of default requiring the default to be cured within 30 days of the Band s receipt of notice if the default is a failure to pay monies or 60 days for other defaults (or such longer time as the City may consider reasonable for curing the default, EXCEPT that in the case of an emergency that the City considers may threaten the health or safety of persons or property, the City may require the Band to remedy the default within 24 hours or less time, depending on the circumstances of the emergency.
12 City May Remedy 46. If the Band fails to remedy a default within the time specified by the City, the City may (although the City is not obligated to do so, at any and all times, take all steps considered necessary by it to remedy a default of the Band under this Agreement, including by entering onto the Reserve and within buildings on the Reserve. 47. Notwithstanding any other section of this Agreement, in the case of an emergency that the City considers threatens the health or safety of persons or property, the City may choose to immediately remedy a default of the Band without giving the Band a notice of default or any opportunity for the Band to cure the default, but in that case the City shall as soon as possible give the Band a notice of the actions that the City has taken and the reasons for it. 48. The Band shall within 15 days of receipt of an invoice from the City pay to the City all its costs of remedying Band defaults, including costs of contractors, subcontractors, engineers and other professional advisors, plus a 15% addition as partial compensation for City staff time. Suspension 49. If the Band should default under this Agreement and the Band does not cure the default within the time specified by the City within a notice of default, the City may give at least 60 days notice to the Band that the Council of the City will be considering adoption of a bylaw to suspend the Services, or any of them. 50. At the meeting of the Council of the City pursuant to the preceding section, the Band, members of Band Council, and members of the Band are entitled to appear before Council, including through legal representation, and to have copies of all information that the Council will be considering (other than privileged information and other information that must not, by law, be disclosed. 51. If Council of the City adopts the bylaw to suspend the Services, or any of them, the City must give the Band a notice of suspension and the suspension will commence 60 days after the Band s receipt of the notice of suspension and suspension will continue until such time as the Band cures the default. 52. Notwithstanding sections 45 and 49, if the nature of the Band s default is such that the City considers it does or may threaten the health or safety of persons or property, then the notice period referred to in section 79 is 7 days and the suspension will commence 7 days after the Band s receipt of the notice of suspension. Effect of Suspension 53. Because the City will be staffing, operating, maintaining and repairing its engineering, public works and fire departments with the capacity required to fulfill this Agreement and in contemplation that the suspended Services may at any time be immediately required to
13 be provided again to the Band, suspension of the Services, or any of them, does not relieve the Band from paying the Service Fees payable under this Agreement. Termination 54. If the City has suspended provision of the Services, or any of them, under this Agreement and the suspension has continued for more than six months, the City may give at least 60 days notice to the Band that the Council of the City will be considering adoption of a bylaw to terminate the Services, or any of them. 55. At the meeting of the Council of the City pursuant to the preceding section, the Band is entitled to appear before Council, including through legal representation, and to have copies of all information that the Council will be considering (other than privileged information and other information that must not, by law, be disclosed. 56. If Council of the City adopts the bylaw to terminate the Services, or any of them, the City must give the Band a notice of termination and the termination will come into effect on that date which is two years after the date the Band receives the notice of termination. Effect of Termination 57. After the time the City gives the Band a notice of termination, the Band may cure a default and cause a suspended Service to be re-supplied. 58. After the time the City gives the Band a notice of termination, the Band is no longer required to pay the Service Fees for any Service which is suspended, but Service Fees remain payable in respect of all Services which are not suspended. 59. Any unpaid monies owing by the Band to the City remain payable despite any termination under this Agreement. Supply of Services After Termination 60. Nothing in this Agreement requires the City to continue to provide the Services, or any of them, after termination of this Agreement, but if the City chooses, upon request by the Band or by court order, to provide one or more of the Services, the Band shall pay the applicable Service Fee for the applicable Service or Services plus an additional 35% to reflect the disruption to and uncertainty of the City s staffing, engineering, financing and other arrangements, plans and systems. Band Acknowledgement of Fairness 61. The Band acknowledges that the time frames and processes for suspension and termination of the Service as outlined in this Agreement are fair and reasonable and the Band will not challenge, in a court of law or otherwise, any suspension or termination of the Services undertaken pursuant to this Agreement.
14 PART 7 - MISCELLANEOUS CLAUSES Release 62. The Band hereby releases the City and its elected and appointed officials, officers, employees, agents, servants, and contractors (the City Representatives from all claims and demands that the Band now has or may at any time in the future have against the City or any of the City Representatives in respect of any matter related to the Services or this Agreement or a matter within the scope of this Agreement UNLESS the claim or demand is related only to death, bodily injury, property loss or property damage caused solely and directly by the gross negligence of the City or any of the City Representatives. 63. This release applies after termination of this Agreement. Indemnity 64. The Band hereby indemnifies and saves harmless the City and the City Representatives from and against all claims and demands brought by any person (including members of the Band and other persons occupying the Reserve, actions, causes of action, proceedings, suits, losses (including economic and consequential losses, damages, costs (including actual costs of lawyers and other professional advisors, fines, penalties, charges, expenses and other harm of whatsoever nature, both direct and indirect, no matter when or how arising, whether or not related to death, bodily injury, property loss, property damage or other loss or damage, suffered by the City or any of the City Representatives, which result from or are connected with: (a (b (c (d the City s provision or failure to provide the Services; any matter within the scope of this Agreement; any breach or default of the Band under this Agreement; any willful act, omission, misconduct or negligence of the Band or its members, Council members, officials, employees, servants, agents, tenants, subtenants, licensees, invitees, contractors, subcontractors or any other non-city person on the Reserve or for whom the Band is responsible; UNLESS related only to death, bodily injury, property loss or property damage caused solely and directly by the gross negligence of the City or any of the City Representatives. 65. The City hereby indemnifies and saves harmless the Band and the Band Representatives from and against all claims and demands brought by any person (including employees of the City, actions, causes of action, proceedings, suits, losses (including economic and consequential losses, damages, costs (including actual costs of lawyers and other professional advisors, fines, penalties, charges, expenses and other harm of whatsoever nature, both direct and indirect, no matter when or how arising, whether or not related to
15 death, bodily injury, property loss, property damage or other loss or damage, suffered by the Band or any of the Band Representatives, which result from or are connected with: (a (b (c (d the City s provision or failure to provide the Services; any matter within the scope of this Agreement; any breach or default of the City under this Agreement; any willful act, omission, misconduct or negligence of the City or its members, Council members, officials, employees, servants, agents, tenants, subtenants, licensees, invitees, contractors, subcontractors for whom the City is responsible; UNLESS related only to death, bodily injury, property loss or property damage caused solely and directly by the gross negligence of the Band or any of the Band Representatives. 66. This indemnity applies after termination of this Agreement. Band Council Meeting 67. The Band represents and warrants to the City that it is authorized to enter into and carry out this Agreement and this Agreement was authorized with the consent of a majority of the Councillors of the Band present at a duly convened meeting of the Council and the persons executing it on behalf of the Band were duly authorized to do so. Band Bylaws 68. The Band confirms to the City that nothing in this Agreement is inconsistent with any currently applicable by-law made by the Band. No Additional Services 69. Nothing contained in or implied by this Agreement requires the City to provide any additional services to the Band or to the Reserve other than those services specifically identified in this Agreement. Service Interruptions 70. If the City anticipates there will be any stoppage or interruption or reduction in any of the Services, for any reason whatsoever, the City shall attempt to give at least 3 days notice to the Band except in the case of an emergency, in which case the City shall notify the Band as soon as possible. Assignment 71. The Band is not entitled to assign this Agreement to any person, except that where the Band amalgamates with another band or is divided so as to constitute new bands, this Agreement will terminate and the City agrees, upon receipt of $2000 as a contribution to
16 its costs, to enter into a new agreement or agreements on the substantially the same terms with the amalgamated band or the new band(s, as the case may be. 72. The City may assign its rights and obligations under this Agreement, in whole or in part, to any local government, public authority or other person who provides the Services, or any of them, or any part of them, within the boundaries of the City. Future Developments 73. The Band shall immediately give notice to the City if any part of the Reserve or Reserve Area is or is proposed to be surrendered to Her Majesty or designated under sections 37 through 41 of the Indian Act or if any land is or is proposed to be added to the Reserve or Reserve Area. 74. Prior to approving any new construction project on Katzie Indian Reserve no.1, the Katzie Band Council will negotiate payment to the City for any upgrades or improvements to the City's infrastructure that are reasonably required to service the new construction. For greater certainty, the parties will presume that such payments will be comparable to what the City would normally charge to other developers requiring upgrades of existing service infrastructure under a Servicing Agreement for similar projects on non-reserve lands. 75. At the request of Katzie, the parties will negotiate and attempt to reach an agreement for expanding the Reserve Area in Schedule B and/or expanding the use of water and sewer for purposes beyond those currently authorized by this Agreement, to accommodate future developments on the Reserve, with the goal of addressing increased demand on the City s infrastructure while respecting the jurisdiction of the Band for land use planning on the Reserve. Non-Indian Occupiers 76. If any persons who are not Indians should occupy the Reserve, the Band acknowledges that the City may tax and charge those persons as if they were not occupying the Reserve and in that case the amount that the Band owes to the City under this Agreement shall be reduced by the amount that the City collects from the non-indian occupiers, but if the Band should exercise its authority to pass a taxation bylaw under section 83 of the Indian Act, then this reduction shall not apply and instead, this Agreement shall, to the extent necessary, be deemed to be a contract pursuant to section 37 of the Indian Self Governing Enabling Act. No Other Bands 77. The Band confirms to the City that there are no other bands, within the meaning of the Indian Act and its regulations, for whom the Reserve has been set aside for their use and benefit.
17 Notices 78. All notices to be given under this Agreement shall be in writing and may be delivered by hand, sent by facsimile transmission, or mailed by first-class prepaid registered mail. 79. Any notice delivered by hand or sent by facsimile transmission shall be deemed to be given and received on the day it is sent. Any notice mailed shall be deemed to be given and received on the fourth day after it is posted (unless there is a mail strike, slow down or other labour dispute which might affect delivery, in which case the notice shall be effective only if actually delivered. 80. Notwithstanding the two preceding sections, in the event of a situation that the City perceives to be an emergency, the City may give telephone notice to a member of the Band Council, with written notice to follow as soon as possible. The Band shall at all times provide the City with a list of Band Council members and their telephone numbers for the purposes of this section. 81. Notices shall be addressed to the addresses or facsimile numbers on page 1 or to such other address or facsimile number as may from time to time be advised by a party in writing. 82. Notices to the City must be addressed to the attention of the Corporate Officer. Right to Inspect 83. The City shall at all reasonable times be permitted complete and unhindered access onto the Reserve and within buildings on the Reserve for the purpose of: (a (b (c reading, inspecting, repairing, maintaining and replacing the Water Meter; inspecting, maintaining, repairing and replacing fire hydrants on the Reserve; and performing and exercising the City s rights under this Agreement. The Band shall, if required by the City, assist the City in securing any tenure at no charge that the City may require from the Minister of Indian Affairs & Northern Development in regards to the City s rights or obligations under this Agreement. Powers Preserved 84. Nothing contained in or implied by this Agreement shall prejudice or affects the rights and powers of the City in the exercise of its functions under any public or private statute, bylaw, order or regulation, all of which may be fully and effectively exercised in relation to the Services, to the extent they are applicable to the Reserve, as if this Agreement had not been executed and delivered. 85. Nothing contained in or implied by this Agreement shall prejudice or affect the rights and powers of the Band in the exercise of its functions under any public or private statute,
18 bylaw, order or regulation, all of which may be fully and effectively exercised as if this Agreement had not been executed and delivered. Implied Amendments 86. The Band acknowledges that the City is subject to the Community Charter, the Local Government Act and other statutory restrictions and requirements and this Agreement will impliedly be modified to the extent necessary for the City at all times to comply with all statutory restrictions and requirements. Relationship 87. Nothing in this Agreement shall be interpreted as creating an agency, partnership or joint ventureship between the City and the Band. Time 88. Time shall be of the essence of this Agreement. Remedies not Exclusive 89. No reference to or exercise of any specific right or remedy by the Municipality shall prejudice or preclude the Municipality from any other remedy, whether allowed at law or in equity or expressly provided for herein. Headings 90. The headings appearing in this Agreement have been inserted for reference and as a matter of convenience and in no way define, limit or enlarge the scope or meaning of this Agreement or any provision of it. Waiver 91. An alleged waiver of any breach of this Agreement is effective only if it is an express waiver in writing of the breach in respect of which the waiver is asserted. A waiver of a breach of this Agreement does not operate as a waiver of any other breach of this Agreement. Interpretation 92. Wherever the singular or masculine or neuter is used in this Agreement, the same shall be construed as meaning the plural, the feminine or body corporate where the context or the parties so require.
19 Enurement 93. This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors. Statutory References 94. A reference in this Agreement to a statute includes regulations made pursuant to it and includes all amendments and replacements to them from time to time. Modifications 95. No amendment or modification of any of the terms or provisions of this Agreement will be of any force or effect unless the amendment or modification is in writing and duly executed by the City and the Band. Governing Law 96. This Agreement shall be governed by and interpreted in accordance with the laws of British Columbia or, to the extent that matters of paramount federal jurisdiction are involved, the laws of Canada. Disclosure of Documents 97. The Band acknowledges that the City may need to disclose this Agreement and related materials pursuant to its obligations under statute, including the British Columbia Freedom of Information and Protection of Privacy Act and the Community Charter. Schedules 98. The following schedules are incorporated into this Agreement: Schedule A Reserve Schedule B Reserve Area Schedule C Connection Point & Water Meter
20 As evidence of their agreement to be bound by the terms of this Agreement, the parties have executed this Agreement on the date written below. DATED the day of, 2007 The Corporate Seal of CITY OF PITT MEADOWS was hereunto affixed in the presence of: Mayor: Don MacLean Laurie Darcus, Corporate Officer C/S DATED the day of, 2006 SIGNED, SEALED & DELIVERED by DULY CONSTITUTED COUNCIL of THE KATZIE INDIAN BAND in the presence of: Name: Address: Occupation: (as to all signatures Chief Councillor Councillor Councillor pursuant to the consent of a majority of the Councillors of the Band present at a Council meeting duly convened at which authority was given for to enter into this Agreement:
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