Appendix K

Sunshine Coast Trail

 
Appendix K

Part 1
Sunshine Coast Trail

 
Appendix K

Sunshine Coast Trail

Part 2: Applicable Form of Document for the Sunshine Coast Trail Agreement

Document 1. Sunshine Coast Trail Agreement

THIS AGREEMENT made ............................, 20...... .

BETWEEN:

POWELL RIVER PARKS AND WILDERNESS SOCIETY, a society incorporated under the laws of British Columbia, having an office or principal place of business at Box 345, Powell River, British Columbia, V8A 5C2

("PRPAWS")

AND:

Tla’amin NATION, as represented by Tla’amin Government, having an address or principal place of business at 6686 Sliammon Road, Powell River, British Columbia, V8A 0B8

("Tla’amin Nation")

WHEREAS:

A.  Canada, British Columbia and the Tla’amin Nation have entered into the Tla’amin Final Agreement;

B.  Paragraph 27 of the Access Chapter provides that the public will continue to have reasonable access to and use of that portion of the Sunshine Coast Trail on Tla’amin Lands subject to the conditions set out in paragraph 10 of the Access Chapter; and

C.  Paragraph 29 of the Access Chapter provides that PRPAWS and the Tla’amin Nation will enter into an agreement relating to the management and maintenance of that portion of the Sunshine Coast Trail on Tla’amin Lands;

NOW THEREFORE the Parties agree as follows:

1. 0 DEFINITIONS AND INTERPRETATION

1.1  In this Agreement:

"Agreement" means this agreement;

"Effective Date" means the date on which the Tla’amin Final Agreement takes effect;

"Parties" means the parties to this Agreement; and

"Tla’amin Final Agreement" means the Tla’amin Final Agreement signed on behalf of Canada, British Columbia and Tla’amin Nation on ..........................., 20....., and includes any amendments from time to time.

2.0 SUNSHINE COAST TRAIL

2.1  For the purposes of this Agreement:

a. an overview map of Tla’amin Lands is attached to this Agreement as Schedule 1;

b. an overview map of the Sunshine Coast Trail is attached to this Agreement as Schedule 2; and

c. an overview map of that portion of the Sunshine Coast Trail on Tla’amin Lands is attached to this Agreement as Schedule 3.

2.2  PRPAWS will have access to Tla’amin Lands for the purposes of this Agreement.

3.0 MAINTENANCE OF SUNSHINE COAST TRAIL

3.1  PRPAWS will be responsible for the management and maintenance of those portions of the Sunshine Coast Trail on Tla’amin Lands.

3.2  PRPAWS will notify the Tla’amin Nation prior to undertaking any trail maintenance on those portions of the Sunshine Coast Trail on Tla’amin Lands.

4.0 Tla’amin NATION AND MANAGEMENT

4.1  The Tla’amin Nation land management plans will take into consideration continued public access to and use of those portions of the Sunshine Coast Trail on Tla’amin Lands.

4.2  The Tla’amin Nation will notify and, if requested by PRPAWS, discuss with PRPAWS any land management plan or proposed use of Tla’amin Lands that may affect public access to or use of the Sunshine Coast Trail on Tla’amin Lands.

4.3  In the event that the Tla’amin Nation's use of Tla’amin Lands prevents continued public access to or use of those portions of the Sunshine Coast Trail on Tla’amin Lands, the Tla’amin Nation and PRPAWS will develop a work plan which identifies:

a. alternative locations for the Sunshine Coast Trail; and

b. costs and responsibilities of each Party pertaining to trail relocation.

5.0 ENTIRE AGREEMENT

5.1   This Agreement is the entire agreement between the Parties in respect of the subject matter of this Agreement and, except as set out in this Agreement, there is no representation, warranty, collateral agreement, condition, right or obligation affecting this Agreement.

6.0 AMENDMENT

6.1  The Parties agree to review this Agreement and its effectiveness from time to time as may be requested by either Party.

6.2  Any amendments to this Agreement will require the written consent of both Parties, and will take effect on the date designated in the amendment.

7.0 TERM AND TERMINATION

7.1  This Agreement will take effect upon the date that it is signed by the authorized signatories of the Parties.

7.2  PRPAWS may terminate this Agreement on sixty (60) days notice in writing to the Tla’amin Nation or a date mutually agreed upon by the Parties.

8.0 ASSIGNMENT AND ENUREMENT

8.1  This Agreement may be assigned by PRPAWS, either in whole or in part, without the consent of the Tla’amin Nation.

8.2  This Agreement will enure to the benefit of and be binding upon the Parties and their respective permitted assigns.

9.0 NOTICES

9.1  Unless otherwise provided, notice must be in writing and delivered personally or by courier, transmitted by fax or mailed by prepaid registered post.

9.2  Notice will be considered to have been given, made, or delivered, and received:

a. if delivered personally or by courier, at the start of business on the next business day after the business day on which it was received by the addressee or a responsible representative of the addressee;

b. if transmitted by fax and the sender receives confirmation of the transmission, at the start of business on the business day next following the day on which it was transmitted; or

c. if mailed by prepaid registered post in Canada, when the postal receipt is acknowledged by the addressee.

9.3  If a fax number has not been provided by a Party, notice will be delivered or mailed to the address appearing on the first page of this Agreement.

10.0 EXECUTION IN COUNTERPARTS

10.1  This Agreement may be executed in counterparts and by facsimile. Each signature will be deemed to be an original signature and all executed documents together will constitute one and the same document.

THIS AGREEMENT HAS BEEN EXECUTED as of the day and year first abovewritten.

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