british . columbiadocs.openinfo.gov.bc.ca/d32667513a_response... · victoria, british columbia ....

• BRITISH . COLUMBIA

Permission No.:

>.

SPECIFIC PERMISSION FOR PRIVATE MOORAGE

2 LH072 File No.: 2403652

Disposition No.: 866750

THIS PERMISSION is dated for reference October 31, 2008 and is made under the Land A~t.

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, represented by the minister responsible for the Land Act, Parliament Buildings,

AND:

Victoria, British Columbia .

(the "Province")

MICHAEL SIMPKINS and NICOLA SIMPKINS 2842 Bellevue Ave

. West Vancouver, Be V7V lE8 As Joint Tenants

(the "Owner")

WHEREAS:

A. The Province has responsibility for the management of Crown land, including foreshore land and. most submerged land;

B. The Minister has the authority under section 11 of the LandAct to authorize the use of Crown land on terms and conditions which the Minister considers appropriate;

C. The Minister wishes to provide a specific permission for the use of Crown land covered by water in British Columbia for Private Moorage Facility (as herein defined) purposes.

ACCORDINGLY, the Minister grants and the Owner accepts a specific permission for the construction and use of a Private Moorage Facility (as herein defined) on the following terms and conditions. .

SPECIFIC PERMISSION FOR PRIVATE MOORAGE Pagelof __ _

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Pennission

ARTICLE 1 " DEFINITIONS

1.1 In this document,

241072 File No.: 2403652


"Improvements" includes anything made, constructed, erected, built, altered, repaired or added to, in, on or under the Land, and attached to it or intended to become a part of it, and also includes any . .

clearing, excavating, digging, drilling, tunnelling, filling, grading or ditching of, in, on or under the Land;

"Land" means that part or those parts of the following described land shown outlined by bold line on the schedule attached to this Permission entitled "Legal Description S.chedule":

THAT PART OF DISTRICT LOT 6354, GROUP 1, NEW WESTMINSTER DISTRICT, CONTAINING 0.08 HECTARES, MORE OR LESS,

except for those parts ofthe land that, on the Commencement Date, consist of highways (as defined in the Transportation Act) and subject to any changes to the area or boundaries of the Land that maybe made from time to time in accordance with the tennsofthis Pennission;·

"Minister" means the minister responsible for the Land Act;

"Management Plan" means the most recent management plan prepared by you.in a fonn acceptable to us, signed and dated by the parties, and held on file by us;

"Permission" means the Minister's permission as recorded in this document;

"Private Moorage Facility" means a structure used for the purpose of mooring boats and for providing pedestrian access to and from the moored boats, and can consist of a single dock, wharf, or pier (including walkway ramp) that is pennanentlyaffixed to aquatic Crown land, and any ancillary structures such as a boat lift and anchor lines. It is for the personal and private use by one or a number of individuals or a family unit for boat moorage;

. "Province" means Her Majesty the Queen in Rightofthe Province of British Columbia;

"Realty Taxes" meanS .all taxes, rates, levies, duties, charges and assessments levied or charged, at any time, by any government authority having jurisdiction which relate to the Land, the Improvements or both of them and which you are liable to pay under applicable laws;

"Upland Property" means the parcel of non-aquatic land, being either privately owned or leased Crown land, which has riparian rights to the point at which the Private Moorage Facility is attached to land more particularly described as District Lot 4551, Group 1, New Westminster District;

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Pennission

2410'72 File No.: 2403652


"we" ,"us"or "our" refers to the Province alone and never refers to the combination of the Province and the Owner: that combination is referred to as "the parties"; and

"you" or "your" ref"rs to the Owner.

ARTICLE 2 - CONDITIONS OF THIS PERMISSION

2.1 The rights granted in this Pennission apply only under the following circumstances:

(a) Youwill not construct, place, anchor, secure or affix any Improvement in, on, to or into the Land ex.cept as necessary for the purposes set out in the approved Management Plan and, despite those purposes, you will not construct, place, anchor, secure or affix anything on or to the Land that may interfere with the riparian right of access of any person over t)J.e Land without first obtmnilig from that person a statutory right of way or easement, in registrable fonn and in our favour, by which that person allows us to curtail his or her riparian right of access over the Land.

(b). This. Private Moorage Facility will be the only Private Moorage Facility on the frontage of the Upland Property.

(c) Ownership of and liability for a Private Moorage Facility shall pass to and be binding upon your heirs,executors and assigns ofthe Owner.

( d) You must not assign, mortgage or transfer this Permission, or pennit any person to use or occupy the Land, without our prior written consent, which consent we may withhold.

(e) A Private Moorage Facility shall be and shall remmn your property unless you transfer the rights and obligations in a signed agreement with another person approved by us as per subsection 2.1 (d).

(f) There are no other laws, bylaws or local government zoning restrictions which prohibit the installation and use of the Private Moorage Facility.

(g) You understand that this Pennission does not grant exclusive use and occupancy of the Land.

ARTICLE 3 - SIZE

3.1 The Private Moorage Facility's size must be as set out in the Management Plan, and the Management Plan must disclose the length and width of the Private Moorage Facility, the height of any proposed structures, the length and width of any connecting walkways which will be placed on Crown land and any ancillary structures or Improvements which will be part of or

SPECIFIC PERMISSION FOR PRIVATE MOORAGE Page30f __ _

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Permission 2410'72

used with the Private Moorage Facility.

File No.: 2403652


3.2 No increase in any dimension of the Private Moorage Facility from the description in the Management Plan will be permitted unless you first obtain our written consent.

ARTICLE 4 - CONSTRUCTION

4.1 Do not interrupt or divert the movement of water or of beach materials by water along the shoreline.

4.2 No fill may be used in the construction or structure of the Private Moorage Facility.

4.3 Riparian vegetation on Crown land shall not be unduly disturbed.

4.4 Do not use crib foundations or solid core structures made of cement or steel sheeting in Private Moorage Facility construction,

4.5 . The Private Moorage Facility must be either floating or suspended above the water.

4.6 Do not use construction materials containing toxic substances, except in marine waters where the use of a preservative-treated wood may be necessary.

4.7 Do no cut or remove timber on or from the Land without prior written consent and, being granted the right under the Forest Act to harvest Crown timber on the Land.

ARTICLE 5 - USE

5.1 The Private Moorage Facility shall be used for private, nonccommercial moorage purposes only and the Owner of the Private Moorage Facilitymust not make the Private Moorage Facility available to others for a fee.

'5.2 Do not moor or secure any boat or structure to the Private Moorage Facility for use as a liveaboard facility, whether permanent or temporary.

ARTICLE 6 - OTHER COVENANTS

6.1 You must

(a) pay, when.due,

(i) the Realty Taxes, and

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Permission 2410'(2 File No.: 2403652


. (ii) all charges for electricity, gas, water and other utilities supplied to the Land for use by you or on your behalf or with your penrtission;

(b) take all reasonable precautions to avoid disturbing or damaging any archaeological material found on or under the. Land and, upon discovering any archaeological material on or under the Land, you must immediately notify the ministry responsible for administering the Heritage Conservation Act;

(c) provide without compensation temporary accommodation to any vessel that is disabled or that seeks shelter in weather conditions that would render it unseaworthy;

(d) observe; abide by and comply with

.(i) all applicable laws, bylaws, orders, directions, ordinances and regulations of any . governmental authority having jurisdiction in any way affecting your use or occupation of the Land or the Private Moorage Facility, and with

(ii) the provisions of this Permission;

(e) ensure that the Private Moorage Facility does not interfere with public access over land;

(f) .keep the Private Moorage Facility and the Land in a safe, clean and sanitary condition;

(g) not commit any willful or voluntary waste, spoil or destruction on the Land, except for the lawful discharge of wastes and emissions, or do anything on the Land that may be. or become a nuisance or annoyance to an owner or occupier of land in the vicinity of the Land provided that, for the purposes of your covenant in this subsection, the lawful construction and operation and maintenance of the Private Moorage Facility allowed under this Permission will be deemed not to be a nuisance or annoyance to an owner or occupier ofland in the vicinity of the Land;

(h) dispose of raw sewage. and refuse only in accordance with therequirenients and regulations of appropriate federal and provincial agencies; .

(i) store bulk hazardous petroleum products and other toxic substances in accordance with the provisions of the Environmental Management Act;

(j) not store logs on the Land;

(k) pay all accounts and expenses as they become due for work performed on or materials supplied to the Land at your request, on your behalf or with your permission, except for

. money that you are required to hold back under the Builders Lien Act; and

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Permission . 2410'72

File No.: 2403652


(1) if any claim oflien over the Land is made under the Builders Lien Act for work performed on or materials supplied to the Land at your request, on your behalf or with your permission, you will immediately take all steps necessary to have the lien discharged, unless the claim of lien is being contested in good faith by you and you have taken the steps necessary to ensure that the claim of lien will not subject the Land under this Permission to sale or forfeiture.

ARTICLE 7 - TERMINATION OF PERMISSION·

7.1 There is no term or predetermined end date for this Permission, and your responsibilities and duties under this Permission will continue until either we or you revokes or otherwise terminates the Permission.

7.2 We may revoke this Permission for the Private Moorage Facility at any time in our sole discretion without incurring any liability to you whatsoever and you must remove all parts of the Private Moorage Facility from the Land within a specified number of days as determined by the us, leaving the Land in a safe, clean and sanitary condition.·

7.3 If we revoke or terminate this Permission for any reason whatsoever, you shall have no right of compensation.

7.4 When you remove the Private Moorage Facility you must leave the Land in a safe, clean and sanitary condition acceptable by lis. If you do not do so, we may clean and remediate the Land (including, if necessary, the removal of the Private Moorage Facility) and you will be responsible for the full cost of such cleaning and remediation.

7.5 If this Permission is terminated,a1l existing duties and responsibilities of yourself, your heirs, successors or assigns under this Permission will continue beyond the date of its termination.

ARTICLES - OTHER DISPOSITIONS

8.1 You agree with us that

(a)

(b)

in addition tothe other reservations and exceptions expressly provided in this Permission, this Pertnission is subject to the· exceptions and reservations ofinterests, rights, privileges and titles referred to in section 50 of the Land Act;

other persons may hold or acquire rights to use the Land in accordance with enactments . . other than the Land Act or the Ministry of Lands, Parks and Housing Act, including

. rights held or acquired, under the Coal Act, Forest Act, Geothermal Resources Act, Mineral Tenure Act, Petroleum and Natural Gas Act, Range Act and Water Act (or any

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Permission n ~ 10''''9 ,(,Li ( .... File No.: 2403652

Disposition No.: 866750.

prior or subsequent enactment of the Province of British Columbia oflike effect); such rights may exist when this Perniission takes effect aud may be grauted or aoquired after this Perniission takes effect aud may affect your use of the Laud;

(c) other persons may hold or acquire interests in or over the Laud grauted imder the Land Act or the Ministry of Lands, Parks and Housing Act; such interests may !lxist when this Perniission takes effect; after this Permission takes effect we may graut such interests (including fee simple interests, leases, statutory rights of way aud licences) however we will not grant auy such interest that would result in the need to amend the Mauagement Piau unless we have first complied with the requirements ofthis Permission with regard to the amendment of the Mauagement PIau; subject to this you acknowledge your use of the Land may-be affected by such interests aud the area or boundaries of the Laud may change as a result of the grauting of such interests;

(d) you have no tight to compensation from us aud you release us from all claims, actions, causes of action, suits, debts and demauds that you now have or may at auy time in the future have against us arising Qut of auy conflict between your use of the Laud under this. Perniission and the exercise or operation of the interests, rights, privileges and titles described in sl,lbsections (a), (b), aud (c);

(e) this Permission does not limit auy right to notice, compensation or auy other benefit that you may be entitled to from time to time under the enactments described in subsection (b);

(f) you will not commence or maintain proceedings under section 65 of the Land Act in . respect of any interference with your use of the Land as permitted under this Permission as a result of the lawful exercise or operation ofthe interests, rights, privileges and titles described in subsections (a), (b) aud (c).

ARTICLE 9 _. LIABILITY AND INDEMNITY

9.1 You assume all responsibility aud liability associated with the Private Moorage Facility and agree to indemnify us for auy loss or expense incurred by us as a result of the existence or use . of the Laud or Private Moorage Facility by any person, including, without limitation,

(a) any conflict between the existence or use of the Private Moorage Facility aud the laud use or ripariau rights of auy person; . .

(b) your breach or non-performauce of auy part of this Permission; aud

(c) auy personal injury (including death) or property damage caused in any way, wholly or partly, by the Private Moorage Facility or by your use of the Laud.

SPECIFIC PERMISSION FOR PRN ATE MOORAGE Page7of __ _

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Permission 2 1110'72

File No.: 2403652


9.2 Without limiting your obligations or Iiabilities under this Permission at your expense, effect and keep in force during the Term, a Homeowner's Insurance Policy or other personal lines residential insurance policy, including Comprehensive Personal Liabilityin an amount of not less than $2,000,000 per occurrence.

9.3 You must make your insurer aware of this Permission within 30 days of signing this Permission.

The parties have executed this Permission as of the date Of reference of this Permission.

SIGNED on behalf of HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA by the minister responsible tor the· Land Act or the minister's authorized representative

~l(h~ Minister responsible for"the Land Act . or the minister's authorized representative

SIGNEJ)BY MICHAEL SIMPKINS

. SIGNED BY NICOLA SIMPKINS

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SPECIFIC PERMISSION FOR PRIVATE MOORAGE of __ _

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• CBRlTISH OlUMBIA

Ministry of Environment, Lands and Parks License ~ Aquatic Lands

License No. ~ '3' f' 'g" ',9'F,I,t , • ,~, iJ', *"" ~. ,'h; File No. 2403652

THIS AGREEMENT dated for reference the 4th day of May, 1998.

IN PURSUANCE of the LAND Ac:;T (Section 39).

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, represented by the Minister, of Environment, Lands and Parks, Parliament Buildings, Victoria, British Columbia

(hereinafter called the "Owner")

AND:

MICHAEL SIMPKINS, and NICOLA SIMPKINS as "Joi nt Tenants" 2842 Bellevue Ave West Vancouver, British Columbia V7Y 1E8

(hereinafter called the" Licensee")

OF THE FIRST PART

OF THE SECOND PART

WITNESS THAT WHEREAS the Owner has agreed to grant to the Licensee a license over that parcel of land described in the attached schedule entitled Legal Description (hereinafter referred to as the" Land");

N'OW, THEREFORE in consideration of the fee to be paid by and the covenants of the Licensee, the parties agree as follows:

1 •• ··.,/ •• • ·'·.·.'."'· •• ', ••• {' ••• '.m.· ... '§:ffiM$ •• lt@:r~jQ.fLt~;;;n~' ••••• ' ••• ' •• '·'·.·.·····,·.·.······· •• •••• •• "·.' •• ' •• ·' •• ,.·1

(1.01) The Owner, on the terms set forth herein, hereby grants to the Licensee a license to enter on the Land for the purpose of constructing, operating and maintaining a Private Moorage Facility.

@:hi#l@trMp~t~tlQijf·;"·"'Il

(2.01) The duration of this license and the rights herein granted shall be for a term of 10 years commencing on the 31st day of October, 1998 (hereinafter called the "Commencement Date") unless cancelled in accordance with the terms hereof.

L140 Rev 2 Page 1 of 6

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License - Aquatic Lands File No. 2403652

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(3.01) The Licensee shall pay to the Owner, in advance, on the Commencement Date, the license fee as prescribed in the Fee Schedule attached.

[~~l¥IIV!gqi@ieii*n.t~P$~ne:e:i~~e~Hl

(4.01) The Licensee covenants with the Owner (a) to pay the license fee due at the address of the Owner first above written or

at such other place as the Owner may specify from time to time; (b) to pay and discharge when due all applicable taxes, levies, charges and

assessments now or hereafter assessed, levied or charged which relate to the Land or any improvements thereon (herein called "Realty Taxes") which the Licensee is liable to pay;

(c) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their Use and occupation; .

(d) not to commit or suffer any wilHul or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon anything that may be or become a nuisance or annoyance to the owners or occupiers of adjoining land;

(e) to del iver to the Owner from time to time, upon demand, proof of insu rance required to be maintained by the Licensee, receipts or other evidence of payment of Realty T lIxes, insurance premiums and other monetary obligations. of the Licensee required to be observed by the Licensee pursuant to this· License;

(f) to indemnify and save the Owner harmless against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors arising out M .

(i) any· breach, violation or non-performance of any covenant, condition or agreement in this license by the Licensee,

(ii) any personal injury, death or property damage occurring on the Land or happening by virtue of the Licensee's occupation of the Land,

and the Owner may add the amount of such lo~ses, damages, costs and liabilities to the. license fee and the amount so added shall be payable to the Owner immediately;

(g) to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner and to make clean and sanitary any portion of the Land or any improvement that the Owner may direct by notice in writing to the Licensee;

(h) to permit the Owner, or his authorized representative to enter upon the Land at any time to inspect the Land and any improvements thereon;

(i) to use and occupy the Land in accordance with the provisions of this license . including those set forth in any Special Proviso Schedule; (j) on the expiration or at the earlier cancellation of this license

(i) to quit peaceably and deliver possession of the Land to the Owner, (ii) to remove all buildings, machinery, plant equipment and apparatus and all

other improvements to or things on the Land, from the Land, (iii) to restore the su rface of the Land to the satisfaction of the Owner,

and to the extent necessary, this covenant shall survive the expiration or cancellation ·of this license;

(k) to effect and keep in force during the term, insurance protecting the Owner and the Licensee (without any rights of cross-claim or subrogation against the


FNR-2013-00150


Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than $1,000,000.00 PROVIDED, however, that the Owner may, in his sole discretion, waive the requirements of this subsection on the delivery to the. Owner of evidence that the Licensee is self insured;

(I) notwithstanding subsection (k) of section 4.01, the Owner may from time to time notify the Licensee that the amount of insurance posted by the Licensee pursuant to that. subsection be changed and the Licensee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) of section 4.01 to be changed to the amount specified in the notice and deliver to the Owner written confirmation of the change;

(m) not to interfere with the activities of any other person to enter on and use the Land under a prior or subsequent li.cense granted by the Owner;

(n) not to deposit on the Land or any part of it, any earth, fill or other material for the purpose of filling in or raising the level of the Land without the prior written consent of the Owner;

(0) not to dredge or displace beach materials on the Land without the prior written consent of the Owner;

(p) not to place any jmprovements on the Land or carryon any activity on the Land or on the surface oL the water covering the Land that may constitute an interference with the riparian rights of the owner or occupier of the land adjacent to the Land;

(q) not to prohibit or restrict any person from passing over the Land.

! ..•.•••••...•.•.•.•.•.••••••.••••••••.•.•••.•••••.•••.. ·.·t ••• ·.·Anfi;m~VM·A#ijiii!ffl~hf.·.················ ············t··············.ITWl

(5.01) The Licensee shall not assign this license or sublicense any part of the Land without the prior written consent of the Owner.

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(6.01) In the event that (a) the Owner requires the Land for his own use or in his sole discretion, considers

that it is in the public interest to cancel the rights herein granted, in whole or in part;

(b) the Licensee ceases to use the Land for the purposes permitted herein; (c) the Owner, in his sole discretion, considers that it is no longer necessary for

the Licensee to use the Land for the purposes permitted herein; (d) the Licensee fails, in the opinion of the Owner, to make reasonable and dilige~t

use of the Land for the purposes permitted herein, and such failure shall continue for a period of 60 days next after the Owner gives written notice of the failure to the Licensee;

the Owner may on 90 days written notice to the Licensee, cancel this license and the rights herein granted, in whole or in part. .

(6.02) In the event th.at the Licensee fails to observe or perform any of the covenants, agreements, provisions or conditions contained herein, and such failure continues for a period of 60· days next after the giving of written notice by the Owner to the Licensee of th.e nature of the failure, the Owner may cancel this license in accordance with the Land Act. and, notwithstanding subsection (j) of section 4.01, any building, machinery, plant equipment, and apparatus and all other improvements to the Land shall become, at the discretion of the Owner, the property of the Owner.

(6.03) In the event that

L140 Rev 2 Page.3 of 6

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(a) the license hereby granted should be taken in execution or attachment by any person or the Licensee commits an act of ban kruptcy, becomes insolvent or is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors,

(b) The Owner discovers that the Licensee either in his application for this license or otherwise has, in the opinion of the Owner, misrepresented or withheld any fact material to the appl ication,

the Owner ma'y on 90 days written notice to the Licensee, cancel this license and the rights herein granted .

(6.04) Thirty days after the expiration or cancellation of this license, any improvements or fixtures that remain unremoved from the Land shall be absolutely forfeited to and become the property of the Owner and the Owner may remove them from the Land and the Licensee shall, on demand, compensate the Owner for all costs in-curred by the Owner respecting their removal. '

(6.05) The Licensee shall not be entitled to any compensation, . whether for damages or otherwise, in respect of a cancellation of this, license by the Owner under this Article.

1m .·r···X?Ll m;~iI&ffi@~t •••••••• · ••••• · ••••••••••••••.....• ·.···.·.·.·:Iml

(7.01) The security in the sum of $0.00 and all rights, privileges, benefits and interests accruing thereto delivered by the Licensee to the Owner (herein called the "Security") to guarantee the performance of the Licensee's obligations under this license shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed; provided, however, that the Owner may, in his sole discretion, waive the requirements of this subsection.

(7.02) I n the event the Licensee should default in the performance of any of his obligations hereunder, it shall be lawful for the Owner, in his sole discretion, to sell, «all in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner. '

(7.03) The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earner cancellation of this license.

(7.04) Notwithstanding section 7.01, the Owner may from time to time notify the Licensee that the amount of Security delivered by the Licensee to the Owner be changed and specify the amount of Security required by the Owner.

(7.05) The Licensee shall, within 60 days of receiving the notice referred to in section 7.04, cause the amount of Security delivered to the Owner to be changed to the amount specified in the notice and provide the Owner with written confirmation of the change.

(8.01)

(8.02)

W·;ll;B~l~;Mulm.Nm#p~;y;t;TITI

Where service of a notice or a document is required under this license, the notice or document shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner and the' Licensee at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. Either party may, by notice in writing to the other, specify another address for service of notices under this license and where another address is specified under this section, notices shall be mailed to that address in accordance with this Article.


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(8.03) Notwithstanding section 8.01, any written notice to be served or given by the Owner to the Licensee under this I icense shall be effectively given or served by posting the same in a conspicuous place on the Land .

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(9.0l) No term, condition, covenant or other provIsion herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the Licensee requiring the consent or approval of the Owner, shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Licensee.

(9.02) No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

(9.03) This license is subject to: (a) all subsisting grants to or rights of any person made or acquired under the Coal

Act, Forest Act, Mineral Tenure Act, Petroleum and Natural Cas Act, Range Act, Water Act or Wildlife Act, or any extension or renewal of the same, whether or not the Licensee has actual notice of them;

(b) the exceptions and reservations of rights, interests, privileges and titles re. ferred to in section 50 of the Land Act; AND

(c) any prior dispositions made pursuant to the Land Act.

(9.04) The Licensee acknowledges and agrees with the Owner that (a) any interference with the rights of the Licensee under this license by virtue of

the exercise or operation of the rights, privileges or interests described in section 9.03 shall not constitute a breach of the Owner's obligations hereunder and the Licensee releases and discharges the Owner from and against any claim for loss' or damage arising directly or indirectly. out of any such interference;

(b) all costs and expenses, direct or indirect, that arise out of any interference by the Licensee with the rights, privileges and interests described in section 9.03 shall be borne solely by the Licensee;

(c) he shall not commence or maintain proceedings under section 65 of the Land Act in respect of any interference with his rights hereunder arising directly or indirectly out of the exercise or operation of the rights, privileges or interests described in section 9.03; AND

(d) all schedules attached to this license form an integral part of this license.

(9.05) This license shall not entitle the Licensee to exclusive possession of the Land, and the Owner may grant licenses to others to use the Land for any purpose other than that permitted herein, so long as the grant does not materially affect the exercise of the Licensee's rights hereunder. The question of whether a grant materially affects the exercise of the Licensee's rights hereunder shall be determined by the Owner in his sole discretion .

. (9.06) The terms and provisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

(9.07) Time is of the essence in this agreement.

Ll40 Rev 2 Page 5 of 6

FNR-2013-00150

,----------------------------------------"-


l.mi/iA#~'¢l~)8lg1#(¢fP~¢t~t~9ij,H

(10.01) In this license, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

(10.02) The captions and headings contained in this license are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

(10.03) Where in this license there is a reference to an enactment of the Province of British Columbia or of Canada, that reference shall include a reference to any subsequent enactment of like effect, and unless the context otherwise requires, all statutes referred to herein are enactments of the Province of British Columbia.

(10.04) If any section of this license or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts or sections, as the case may be, shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the parties have executed this license as of the day and year first above written.

SIGNED on behalf of HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA by a duly authorized representative of the Minister of Environment, Lands and Parks in the presence of: ~ ..--'

;;J(ek J Witn;;'s-

SIGNED by Michael Simpkins in the presence of:

, .... I '. I' L

,< - 9 !i' ,.) I', ' j ~,--1 in t./ v .. ~

/ V<.-,' vvv"-"'-"--kc..vv

, Witness

SIGNED by Nicola Simpkins in the presence of:

J ' J[J-~~ .. r;:.~cD Witness

L140 Rev 2

) ) ) ) ) ) )

) ) ) ) ) )

) ) ) ) ) )

~L-~d2<J ..........,. !7 For the Minister of Environment, Lands and Parks

/-' j /' ,/

/'// .. ,~ -<;-

r~L". z--r-~~.----, -'=====::::=--..L~""'::::::l~

/----M·· 'Ichael..-s:ftilpkins ,0" / ?/

/~--.3'Nicola Simpkins

./7 / /,-,---.~/~

/-- .

Page 6 of 6

FNR-2013-00150

~~# BRITISH ~ COLUMBIA

Ministry of Environment, Lands and Parks

t.:"'kn/1lt":ln~

Legal Description Schednle

License No. t:.J 1:r;J~1 . File No. 2403652

l'

1. Legal Description

That part of District Lot 6354, Group 1, New Westminster District, shown outlined on sketch below, containing 870.0 square metres, more or less.

2. Sketch Plan

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' 6·36A, ~ -/

' \ ~ 'v~ L. 6354 \\.\'\ ,,'1/>. \~ , ~c9.' I~

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L.6172

LLLEGAL REV 1 Page 1 of 1

FNR-2013-00150

~ BRITISH ~ COLUMBIA

License No.

Ministry of ~' ' , I Environment, ,SPECIAL PROVISO SCH, EDUL"E Lands and Parks

'} '} i' 9 r:VJ "",Jo_"-! File No. 2403652

For the purpose of this License

"Private Moorage Facility", means a single dock, wharf, or pier (including walkway ramp) or combination thereof, used for personal, non-commercial'moorage use.

1, The Licensee shall not:

(a) anchor or, secure any buildings, structures or improvements on the Land except as provided for in this License, without the prior written consent of the Owner;

'(b) moor or secure any boat or structure to the Private Moorage Facility or on any part of the Land for use as a live-aboard facility, whether permanent or temporary;

(c) interrupt or divert the movement of water or of beach material by water along the shoreline without the prior written consent of the Owner;

(d) interrupt the full free right of the public to pass and repass, on foot, over the foreshore and across the Private Moorage Facility should it obstruct public passage over the foreshore.

(e) use const,ruction materials containing toxic substances, except in marine waters where use of preservative treated wood may be necessary;

(f) store petroleum products or other toxic substances on the Land;

(g) contravene the provisions of the Federal Fisheries Act or the Provincial' Fisheries Act;

(h) use mechanized equipment other than a pile-driver during the construction, operation or maintenance of improvements on the Land.

2. ADDITIONAL PROVISOS

(a) There are no Additional Provisos.

L54Q Rev 2 Page 1 of 1

FNR-2013-00150

& BRITISH ~ COLUMBIA

License No.

Ministry of [ Environment, FEE SCHEDULE Lands and Parks

... --...

23 ti lj 2, File No. 2403652

THE FEE FOR THE TERM is the sum of $600.00, the receipt and sufficiency of which is acknowledged.

L58B Rev 2 Page 1 of 1

FNR-2013-00150

,-------------------------------------------------------------------------------------------

I[+A+ BRITISH ~$ COLUMBIA

APPLICATION FOR CROWN . Ministry of Environment, Lands and Parks

.. ,., LAND & 91fAKIN9 r'fOTICE

, ., Lind ACt

INDIVIDUALS

~,~

COMPANY OR SOCIETY NAME

APT. NO.

I /Vq <-..; f"..,//?,;,f 1;,.;' ,,..,.;-1 Pv

LEGAL OR BOUNDARY DESCRIPTION:

A) IP SURVEYED, GIVE LEGAL DESCRIPTION: ~. "~: .• ~. ~ [ W ~ ~ '1 h 'l!lgf'i

~~~- .. ~--i';--------- .. -......... ,"\ \~1 t ~

B)IP UNSURVEYED, PLEASE SEE REVERSE FOR STAK!t:?,~~,~,!~~~!,J~~~ID:~?:S,CRJPTION~O\JNbARIES

COMMENCING AT A POST PLANTED BY .. ,' ....... m.,... •••• " •• f;f:-........ ,m.m''' ....... ".t,::;~(f~\~trr("" ' ,,"", 14'

,

"P

THEN METRES IN A DIRECTION; THEN METRES IN A DIRECTION; ,

THEN METRES IN A DIRECTION; THEN METRES IN A DIRECTION;

DATELAND STAKED: ____________________ ___ PLEASE ATTAGHA MAP OR SKETCH SHOWING THE AREA·

INTENDED LAND USE AND PERIOD OF OCCUPATION REQUIRED:

ANY OTHER CROWN LAND_HELD_BY.).~ .. i:·PLICANT:

YES D NO Gt" IFYES,STATETYPEANDTENURENUMBER:

~""",~.-;--.--) r

I hcrchy certify that all mf()rmatwn grfnthIS appil al!on [or Crown land and Slakmg NllUCC IS true and correct and that I.am an uutlwflzed ugentc+ sIgnatory (If cumpany) / X ~'O. ____ ~, Appl""" "'''''',(,) l' ~---'" I~~ 8-SIgnature Dale I e

/ 7 inf(lrmatwn clm!am"~PhCali(ln IS pubhc. Please SCI) reverse fllr Frccdllm Ilfinfllrmallon and PWlec\illn uf Pnvacy Icglslalmn.

FOR OFFICE USE ?1JLY FILE NUMBER cJ'iO::h')~ TASCODING: , CLA PROJECT #

APPLICANT'S COPY OPC4260

FNR-2013-00150

s.22 s.22

s.22 s.22

f hL\ ~

Provinc,-- ,A British Columbia

Ministry of Crown Lands [License=Aqt1-~tic Lands I

"

THIS AGREEMr'\IT executed in triplicate and dated for reference the 30th day of August ,198 8 . LICENSE No. 233771 IN PURSUAl'<<' )F THE LAND ACT (Section 36).

FILE No. 2403552

Between HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, represented by the Minister Responsible for Crown Lands, Parliament Buildings, Victoria, British Columbia

WITNESSES THAT WHEREAS the Owner has agreed to grant to the Licensee a license over that parcel of land described in the schedule attached entitled Legal Description (hereinafter referred to as the "Land");

and (hereinafter called the "Owner") OF THE FIRST PART

CLARKE SIMPKINS, and RUTH SIMPKINS, both having an address of delivery at: 4767 8elmont Street Vanco.uver, British Columbia,

V6T lAS (hereinafter called the "Licensee") OF THE SECOND PART

NOW, THEREFORE, in consideration of the fee to be paid by, and the covenants of, the Licensee, the parties agree as follows:

Article I - Grant of License

(1.01) The Owner, 0n the terms set forth herein, hereby grants to the Licensee a license to enter un the Lind for the pl.lrpOSes described in the schedule attil(hed entitled Special Proviso (hereinafter called the "Special Proviso S<.:hedulen

).

Article II - Duratien

(2.01) The duration of the license and the rights herein granted shall be for a term of

Ten (10) years commencing on the

31st day of October 1988 (herein <':<1lIed the "Commencement Date') unless cancelled in accorl.iance with the terms hereof.

Article III - License Fee

(3.111) The licensee shall pay to the Owner, in advance, on the Commencement DMe, the license fee as prescribed in the Fee Schedule attached.

Article IV - Covenants of the Licensee

( .. Ull) The Licensee covenants with the Owner (a) to pay the license fee due at the address of the Owner first above

written or at such other place as the Owner may specify from time to time;

(b) to pay and discharge when due all applicable taxes, levies, charges "nd assessments now or hereafter assessed, levied or charged which relate to the Land or any improvements thereon (herein called "Realty Taxes");

(c) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent governmental authority in any way affecting the Land and improvements situate thereon, or their use and occupation;

(d) not to :ommit or suffer any wiIlful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon anything that m<ly be or become a nuisance or annoy<lnce to owners or occupiers of adjoining land;

(e) to deliver to the Owner from time to time, upon demand, proof of insurance required to be maintained by the Licensee, receipts or othe,r evidence of p<lyment of Realty Taxes, insurance premiums and other monetary obligations of the Licensee required to be observed by the Licensee pursu<lnt to this license;

(f) to indemnify and save the Owner harmless against all losses, damages, costs and liabilities, including fees of solicitors and other prOfessional advisors arising out of

(g)

(h)

(i) any breach, violation or non-performance of any covenant, condition or agreement in this license by the Licensee,


and the Owner may add the amount of such losses, dam,iges, costs and liabilities to the license fee and the amount so added shall be payable to the Owner immediately;

to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner and to make clean and sanitary any portion of the Land or any improvement that the Owner may direct by notice in writing to the Licensee;

to permit the Owner, or his authorized representative, to enter upon the Land at any time to inspect the Land <lnd any improvements thereun;

(i) to use and occupy the Land in ilccordance with the provisions of this license including those set forth in the Spedill Proviso Schedule;

L140 R(06/88) M .. 583

(j) on the expiration or at the earlier cancellation of this license (i) to peaceably quit and deliver posseSSion of the Land to the

Owner, (ii) to remove all buildings, machinery, plant eqUipment and appa-

ratus and all other improvements to or things on the Land, (iii) to restore the surface of the Land to the satisfaction of the Owner, and to the extent necessary, this covenant shall survive the expiration or cancellation of this license;

(k) to effect and keep in force during the term, insurance protecting the Owner and the Licensee (without any rights ofcross~c1aim or subroga~ tion against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than

$ 1,000. 000.00 , PROVIDED, however, that the Owner may, in his sole discretion, waive the requirements of this subsection on the deliven' to the Owner of evidence that the Licensee is self insured. '

(I) notwithstanding subsection (k) of section .f.01, the Owner may from time to time notify the Licensee that the amount of insurance posted by the Licensee pursuant to that subsection be changed and the Licensee shall, within 60 davs of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) of section .-i.01 to be changed to the amount specified in the notice <lnd deliver to the Owner written confirmation of the change;

(m) not to interfere with the activitJes of any other person to enter on and use the Land under a prior or subsequent license granted b,y the Owner;

(n) not to deposit on the Land or any part of it, any earth, fill or other material (or the purpose of filling in or raising the level of the Lana. without the prior written consent of the Ov.:ner;

(0) not to dredge or Significantly displace beach materials on the Land without the prior written consent of the Owner;

(p) not to place any improvements on the Land_or'carry on any activity on the Land or on the surface of the ,vater covering the Land that may constitute an interference with the riparian rights of the O\'vner or occupier of the land adjacent to the Land;


Artide V -, Assignment


Article VI - Cancellation


(a) the Owner requires the Land for his own lise or in his sole discretion, considers that it is in the public interest to cancd the rights herein granted, in whole or in part,

(b) the Licensee ceases to tlSe the Land for the pl.1tposes permitted herein,

(c) the Owner, in his sole dis<.:retion, considers that it is no 1011)2:er necessary for the Licensee to use the Land for tht;' ptlrposes permitted herein,

the Owner mav on 90 d,)\'s written n,)tice to the Licenst;'e, cancel this license and the rights herein granted. in whole or in part.

(6.02) In the event that the Licensee fails to ,)bserve or perform an~' of the covenants, agreements, provisions ~lr Cunditjon~ <.:ontained herein. and such failure wntinues for a period of 00 days next after the giving of written notice bv the Owner to the Licensee of tht;' n,1tl.lre of the fi'lilure, the ,Owner m,l\cancel this license in ,lCcord,ln<.:e with thl! Land :-Ict and n,)twithsti'lnding section ("\.01) (j), any buildings, machinery, plant <'ql.lipment ,lnci 'lpp'1r'1tll~ and al! other improvements to the L,lnd "hill! become, at the discretion of th<.' Owner, the property of the Owner.

FNR-2013-00150

s.22 s.22

(6.03) In the o:-vent that

(a) the license her-''--' ~anto:-d should be taken in execution or attachment by any perso,- e Licensee commits an act of bankruptcy, becomes insolve"t or is. _ . .ioned into bankruptcy or\,oluntarily enters into an arrangement with his creditors,

(b) the Owner discovers thilt the Licensee either in his application for this license or otherwise has, in the opinion of the Owner, misrepresented or withheld any fact material to the application,

the O\\'ner may on 90 davs \<'Titten notice to the Licensee, cancel this license and the rights-herein granted.

(6.04) Thirty d'lyS "iter the expiration or cancellation of this license, any improvements or fixtures that remain unremoved from tho:- land shall be absolutelv forfeited to and become the property of the Owner "nd the Owner may remove them from the Land and the Licensee shall, on demand, compensate the Owner for all costs incmred by the Owne~ respecting their removal.

(6.05) The Licensee shalll)ot be entitled to any compensation, whether for damages or uthenvist?, in respect of ,1 cancellation of this license by the Owner under this Article.

Article VII - Security

(7.0l) The security in the sum of S 0.00 and all rights, privi-leges, benefits and interests accruing thereto delivered by the Licensee to the Owner (herein called the "St?curity") to gtJMantee the performance of the licensee's oblig<1tions under this license shall be maintained in effect until such time as the Owner certifies in writing that stlch obligations have been fully performed; provided, however, that the O\,vner may, in his sole discre-tion, waive the requirements of this subsection. -

(7.02) In the event the Licensee should default in the performance of any of his oblig,ltions hereunder. it shall be lawful for the O·wner, in his sole discretion, to sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

(7.()3) The rights of the Owner under this Article shall be deemed to continue in full f0rce ,lnd effect notwithstanding the expiration or cancellation of this license.

(7.04) Notwithst<1nding section 7.01, the Owner may from time to time notify the Licensee that the ,lmount of Securitv delivo:-red bv thl:! Licensee to the Owner be chilnged and specify the amount of Security 'required by the Owner.

(7.05) The licensee shalL within 60 days of receiving the notice referred to in section 7.0.J:, c<luse the amount of Securitv delivo:-red to the Owner to be changed to the amount specified in the notice and provide the Owner with written confirmation of the change.

Article VIII - Notice

(8.01) Where st?n'ice of a notice or a document is required under this license, the notice or document shall be in writing and shall be deemed to have been served if delivered to, or if st?nt by prepaid registered mail addressed to, the Owner and the Licensee at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been sen'ed on the eighth day after its deposit in a Canada Post office at any place in Canada.

(8.02) Either party may, by notice in writing to the other, specify another address for service of notices under this license and where another address is specified under this section, notices shall be mailed to that address in accordance with this Article.

(8.03) Notwithstanding section 8.01, any written notice to be served or given by the Owner to the Licensee under this license shaH be effectively given or served by posting the same in a conspicUOUS place on the Land.

Article IX - Miscellaneous

(9.01) No term, condition, covenantor other provision herein shall be considered to have been waived by the Owner unless stich waiveris expressed in writing by th~' Owner. Any such waiver of any term, condition, covenant or other

(9.02)

provision herein shall not be construed as or constitute a waiver of anv further or other breach of the same or anv other term, condition, covenant, or other provision and' the consent or approval of the Owner to any act by the Licensee requiring the consent or approval of the Owner shaH not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Licensee.

No remedy conferred upon or reserved to the Owner is exclusive of anv other remedy herein or provided by law, but such remedy shall be cumul,ltive and shall be in addition to any other remedy herein or hereafter exi."ting at law, in eqUity, or by statute.

(9.03) This lico:-nse is subject to:

(a) all subsisting grants to or rights of any person made or acquired under tho:- 0'11/ Act, Fpre~t Act, Minera/ Act. Millin'!.' (pIncer) Act, Petrolcum rrlld Nrrfllmi Grr~ Act, ~,~or Wid/itt Act, or any extensi~)n ~)r renewal of the same, whether or not the Licensee has actuill notice of them,

(b) any prior dispositions made pursuant to the Lllnd Act, A.ND

(c) the exceptions and reservations of rights, interests, privileges and titles referred to in section ..J:7 of the l.£rllii....d...

(9.04) The Licensee acknowledges and agrees with the Owner that (a) an~' inte:rference with the rights of the licensee under this license by

virtue ot the exercise or operation of the rights, privileges or interests described in section 9.03 shall not constitute a breach of the Owner's obligations hereunder and the Licensee releases and discharges the Owner from and against any claim for loss or damage arising directly or indirectly out of any such interference,

(b) all costS and expenses, direct or indirect, that arise Otlt of an\' interference by the Licensee with the rights, priVileges and interests described in section 9.03 shall be borne solely by the Licensee,

(c) he shall not commence or maintain proceedings under section 60 of the ha.u!.i..ikt. in respect of any interference with his rights hereunder arising directly or indirectly out of the exercise or operation of the rights, privileges or interests described in section 9.03, AND

(d) all schedules referred to in this license form "n integral part of this license.

(9.05) This license shall not entitle the Licensee to exclusivo:- possession of the Land, and the Owner may grant licenses to others to use the land, for any purpose other than that permitted herein, so long as the grant does not materially affect the exercise of the licensee's rights hereunder. The question of whether a grant materiaIlv affo:-cts the exercise of the Licensee's rights hereunder shill! be determined by the Owner in his sole discretion.

(9.06) The terms and provisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and pennitted assigns.


Article X - Interpretation

(10.01) In this license, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and il.

corporation.

(10.02) The captions and headings contained in this license are for convenience only and are not to be construed as defining or in any lVay limiting the scope or intent of the provisions herein.

(10.03) Where in this license there is a reference to an enactment of the Province of British Columbia or of Canada: that reference shall include a reference to any subsequent enactment of like effect, and unless the context othenvise requires, all statutes referred to herein are enactments of the Province of British Columbia.

(10.0.J:) If any section of this license or any part of <1 so:-ction is found to be illegillllr unenforceable, that part or section, as the case m<ly be, 511,111 be considered separate and severable and the remaining parts or sections, as the C,lse may be, shall not be affected therebv and shall be enforceable to the full"st extent permitted by Imv. -

FNR-2013-00150

1:-": ~VIT:-';ES5 WHEREOF. the parties have executed license as of the day and year first above written.

SIG0IED on behalf of Her Majestv the Queen in Right of the Province of Britbh Columbia bv ,1 dulv -honzed reprcs~atlve In the pr,=,,!>: )i:

1//,(/, i /I,

Burnaby, B.C. V5G fil2

SlC;'w:t CLARKE SIMPKI~ ;j?JBirl~ ,){Ir

SIC:-":ED bv <l t.hdv ,1uthlJrizcd !>i~n'ltllry lii .

in the prL';.encc of:

"

~/. /"~/ /'l L \ p' / /

~/ U//0,~ "

Authorized Sign~tory

~IGN~ll;by RUTH SIMPKINS ) ./.:;~7( LI q J ,;\ '~??' ln~e presence of:. )(//~A /1·A,- i:::ft' . ~/~ ~ l, . ~~ ~ -1'iA: ~~))

) ) Signature of Licens

Il-J.n R(nr,/R,Q:]

cis

~ f

! ! ,

FNR-2013-00150

s.22

s.22

#'li;\ Province of ~ British Columbia

Ministry of Crown Lands I Eegal Description Schedui~1

LICENSE No. 233771 I FILE No. 2403652

1.1 Legal Description

That part of District Lot 6354, Group 1, New westIainster District, shown outlined in red on plan below and containin3 87:). 00 s'--i.uare ~:1etres, more or less.

L57d (2/83) M-341 M28~82S '-'-, t ", " I~~ t< ,

, '\

",-0 L. 4551 "'3"',! 7

>

"~~ .. , .

, ... , " , . " '. /' \

' , " ::-o...--c AREA.;;. \ ' +'.,. ... +l

' ." ~ .~ 8.70.0 n'I -. ':"'Z.-':-O: • .th.,,,, ,"'6' N ro , _____ ~ ~~ r

,S 30m! J " ' 6'36 A. ~ </ " , ~ , 354 \ .. ..,

vir L . 6 \.\. '. ,"It>. l-, "'c9. l~ " "'0. ,,, ,'..,., ,,~ \.>; ,.

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\S' ~

~.

~

~

~

, , , , " iOOl\lWllm fROM Omell\!. PllIN • '* ~. :r. 5 ...

C"I C)

Scale: I Inch- 3 Chains: L

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,

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--.-

L.6172

FNR-2013-00150

w LICENSE No.

Province of British Columbia

Ministry of Crown Lands

233771

Sp~da)p~O~~()~¢~. I FILE No. 2403552

PRIVATE MOORAGE

1.1 Purpose

The Licensee shall use the Land only for the purpose of constructing, operating and maintaining a Private Moorage Facility.

1.2 Special Provisions

In this Management Plan

"Private Moorage Facility" means a single floating dock, wharf, or pier (including walkway ramp) or combination thereof, used for personal noncommercial moorage use.

The Licensee shall not

(a) anchor or secure any buildings, structures or improvements on the Land, except as prOvided for in this license, without the prior written consent of the Owner;

(b) interrupt the movement of beach material by water along the shoreline;

(c) impede public access to and use of the foreshore;

(d) use construction materials containing toxic substances, except in marine waters where the use of preservative treated wood may be necessary;

(e) store petroleum products or other toxic substances on the Land;

(f) use mechanized equipmenf other than a pile-driver during the construction, operation or maintenance of improvements on the Land.

1.3 Additional Provisions

(a) Nonvithstanding Article VI of this license, in the event of a cancellation of this license by the Owner, under section 6.01 (a) or (c) the Owner shall within 60 days of the date of cancellation refund to the Licensee a prorated amount of the license fee.

LS4(q) R(02l87)

FNR-2013-00150

m LICENSE No.



233771

Fee Schedule

I FILE No. 2403652

The fee for the term shall be the sum of 5 600. 00 , payable in advance, on the Commencement Date.

L56(b) R(03187) PREPAID

FNR-2013-00150

'" ~ Province of . ~~!I British Columbia Ministry of

Crown Lands -LICENSE No.

L 61(b) (2/83) W·279

2 ~1"""''''''' 00 t (J

-,-~ -~----.-".-

n··································>· .. •·• .. •··· .................. .................................................. ,.' •···•·•· .. ···········1 'EN JORSEMENTS . ':. ,--,_ .. ",._:.,,-'>':./- '_:,,-,. "-,' -', "-" -; '-

FILE No. 2403552

FNR-2013-00150

,

AeUREVI;\TIO:-'S:

~L= Mortl,!agc in kc. R.P.= Right t~l purcha!\c.

S.R.P.=Sub-right to purchu:oic. L.P.::;:: Lis pendens.

L.= Lease. R.C.::;:: Restrictive covcnunt.

LAND Nature of

Charge No.

.,

CHARGES, LIENS,

Date of Application

Time OWNER OF CHARGE

AND

Value or

Amount

INTERESTS

PARTICULARS. TERM, RATE, ETC.

RELEASES

!'la. Date

';

FOR OTIlIi

FlU

I hi" ccrtificiltc or indcfc3:,),~ ',1 the tillc or any pcrso~ r- _ ,\lIln of anJ rightly cnL 4.IH~,('d III "arne al Ihc time of "" hh h Ih,\ ccrtllicntc wa .. gr:-

Regii: IIIHle\ III rl1\~c .. ~jon. and is su t t<ll 'fhe \ub .. j,ling exceptions

1.llned In the original gr~!

- (,A..) .\n~·, Dtlminion or Pro\ :l\ ... c"mcnl nt the date 0 tCJ:hlralion impo:-.cd or ri

fIl,q Ihcrcuf\cr be jmrO~( Ihe bnd:

,,' I ".II\' Illunicip:li CO, ,e, r: Ihe d.llc of Ihe npplic;] 11lI1'1l-.(:d or which may U ,In th .. : 1;ln\l. or which r. illlpn\cd (or local imrro\ ."'lnd \\ hll.:h was not the: H1~ II/lilT').: any charge, ra!, I'"'l\e,1 h)' uny public cor 1.1\11\.,: po\\'l.!'rs over an art ." "Illiale:

(J; ,-4,0) lea,c. or agreement f. r.ul l·\l.:ccding three ye:, ~ .. Iu:d o,:cupiltion under 1

f"l \n) runlit.: highway or \lIqnc, or right of wall r.lH"llcnl:

.:.,. .\11) fI/o!hl o( e:">propriatiol I" \n~ II, rcnden~ or mcchn

,,2\(',11, (lr olher ch.ugC', 0'

Ihe hen!."!il ll( creditors 0 :al/lh~HIII.".1 lI''Iii!nmcnt un .-t. I. rqn\lt.::rcti since the hHn f\lr rcgi'ltrali : ,-j .\n, <,,",Iilio". c,~. ~'io".

... hcn. nr inlerC.,t noted or '"'~t~, 1,",(, riJ:ht oC any perSOr

.tw~lC' or an)' portion of t ~""rlrli~)O of boundaries "I) In .. :hllkd in this certi.

"itJI the' 'I,r.:hl or any person to .) til< lc~blcrcd Owner or .

'h'llft\ (1( lhrough whom tl 4<'I\t:J his righl or title c

"......;- f.Jr fttr value has particip' ;''''. ""r r(""lrictive conllition ,

,'.f.h".'IHln imJ'lQlicll on the ,41/ Iolhen noted nnd cnde, .t. "

Thi";, Cerru <

A'I A .dC!,jte may ... tn"nd . .. man I Act

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f!'t rOLLOWING PIECES OF LAND HAVE ~ OEEN TRANSFERRED

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HEI" UESTlmlSTER DIS'llICT

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//5/.!.J:ra ,de ,j-..... .c-.<..::z; .a:/)'-'-~"'r'r Go?'C'4/':'.?' C'~///2. /,rr/{T

a f .0 4. ~ , 1< '>~:' /,wC L t"i. hL.p /;/ /Z"' A pL-nA'r? -;:-;. .'l. 7' /'..£..""""""". / ~917

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xn witn.euu wly.ennf I have. hereunto set my hand and seal of office

• at _____________ Y.'~!C~~~ __________________________ , B ri tis h Co I um b i a,

thiS~. _;Il~' ~__ J __ day ot-----------!-~~~----------------___________ _

19 __ ~----- - .. ~ Il . ~...,

rOVER1 Registrar.

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1.!:--1 ~~ , t.~SES Rcgistr~

] Date to,

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This certificate of indefeasible title is void as 3gaiml Ihc title of ~ny pcrso~ adversely in act~al rO)\c\sion of and ngh~ly entllied to !he .1:mJ Int;luded in same at the time of the application upon \\hich this cerlificntc was granted, and who can· tinw:~ in PO!lscssion, and is subject to-

la) The subsisting exception'i or rcservl1lions contained in the original grant from the Crown:

(b) Any Dominion or Provincial tax, f<lte-, or n\scssment at the date of the application for registration imposed or madl.! a lien or which may thereafter be imposed or maue a lien on the land:

(cl Any municipal charge. rale, or assessment at thc date of thc application for rcgi\tration impo'ictl or which may thcrc.lftcr he impDscd on the land. or which had thcrc:ufore heen impo'icd for local improvements or otherwi~e and which was not then due nnd pnyahlc, including any charge, rate, or nSScs\m:.:nt im· posed by any public corporate body huving taxing powers over an area in which the land i~ ~iluatc:

(eI) t\ny lease. or agrecnll:nt for lease. for a period not exceeuing three yeurs, where Ihcre is actual occupation under the same:

(d Any public highway or right-C"lf-wilY, walcr· course, or right of wUlcr, or otht.!r put>lic ea\cment:

(J) Any right of expropriation hy Statute: 1.1.'1 Any lis pendens or mechanics' lien, judgment,

caveat, or other charge. or nny assignment for the benefit of creditors or receiving order or authorizeu u'_signmcnt under the /JallkflfplC'Y Ad. regi~tercd since the date of the applica. lion for regiSlnltion:

til) Any condition. exception, reservation, charge, lien. or interest noted or endorsed thereon:

(I) The right of any perSOn to show that the whole or ,Iny portion of the land i~ by wrcng uescription of bOllntlaric" or p:m;cls improp.

< erly included in this c:crtificate:

I (j) The right of any person to show fraud, wherdn the registered owner or wherein the person (rom or through whom the registered owner

! derived his right or title otherwise than hona t title for value has participated in any degree: : (k) Any restrictive condition, right of reverter, or i' obligation imposed on the l:lOd by the Forest

I Ar/ when noted and endorsed thereon_

ihis Cer',',' II ·Cate rn I".ct Am ily be "tf

~ 0.nd/l·I~111 ~kt 19~ 1 .ceted by the Cotn,.,

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FORM F (Section 143)

illrrttftratr of ~ttbrfra!1thlr wttlr

sum;y IIl\ROOUR Esri1.TES LTD.

1030 I'lest Georgia Street

____ ,},J'i. _____ absollllely and indefeasibly entitled in fee-simple, sllbject to sllch charges. liens. and interests as are

notified by endorsement hereon, and subject to' the conditions, exceptions, and reservations set Ollt hereon, to

that .. _---------------------------------_.--.-.---------.------------.-------------_ .. --_.-._-_._._._-------_ ... --_._-------_._-_ .. _--------------------------------------------

piece of land situate in the __ m _____ m __ mmmm.Y@Jgg_~,_~~_J::.~~~!,?!!~ __ .!?_~~~2=g_~ _______ mmm ______ m_mm ____ _

and Province of British Columbia, and more particularly known and described as:-

District Lot· Four Thousand Five Hundred and

Fifty-one (4551)

Group One (1) FNR-2013-00150

II \ \.

Lot No.

/1. 2.

3.

4.

j 5.

V 6.

7.

B.

./ 9.

10.

y': 11.

V 12.

13.

. ,--SUNNY HARBOUR ESTATES LTD.

. . SIWlEIIOLDERS - J:!J61-..,. /98 ':f

'_·-'#rI~""'~ .-r .d'.' ~_, .. "'/,~ ~/. •

/, // .t7 t/ce!~£ W;R.. tiJz (~ ; '---- '. r" ~

Name

11,:31..£0 .( ,f'~' L?t?V(LJJ-oN'ty ,Mrs. Pam' Ba y ~

. IN' /'.eoo,,:J1 o~ ilu r /Alti .

Dr. & Mrs. F. R. Farish

Mr. Len Wannop

Mr. Harold Chursinoff

Address

Mr. & Mrs. Kenneth Bailey lJoKrI-f

.'-;; -). " HI! .. c.du-'(~ P.-IN/.j_'!\. . I1r .-ll;l.o-Eer-·R~-·Hag'g -~

(jrl ,)tt)£}(l6.'1':1 ;;r: 13vf/~(/6) Mrs. Margaret Thatcher

):-va"F'G'I() (~s. De-We:'>-\ Mr. ~ 1113. );)sug1as II. '1a1ker

Dr. Ii, G. Wilson

Mr. Michael C. Simpkins

Mr. & Mrs. Clarke Simpkins

Mr. Paul Hjorth

Mr. & Mrs. Donald H. Pye

-l4.--··Mr. & Mrs. Clarke Simpkins

~

Phone

FNR-2013-00150

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Ministry of Forests & Lands Attn: Larry Sorken 4240 Manor Street Burnaby B.C. V5G 1B2

Dear Mr. Sorken,

L. G. Wannop 177 22nd Street West Vancouver, B.C. V7V 4B8

March 16, 1987 MINISTRY OF FORESTS & LANDS

LANDS DIVISION

MAR 191987 #210,4240 MANOR STREET

BURNABY, B.C. V5G 1B2

Thank you for the help you are giving to us re the applications for water lot leases in front of our share lots at the Sunny Harbour Estates Ltd." on the Sechelt Peninsula.

In accordance with our telephone conversation, I am herewith attaching a copy of the Certificate of Title which covers the parcel of Sunny Harbour Estates Ltd., within which all of the share lots are located. I understand that this one title document will serve for all of the Share-Lot Owner Applications for Water Lot Leases.

You will also find attached a map of the D.L. 4551 showing each of the Share Lots as well as a list of the present Share-Lot Owners. I trust that these documents will serve for all the applications as they come in. Thanking you for your help, I remain,

Yours truly,

----.-/7 ~ - . -~ '..:z~'Eng, ---= ~ G WannfP Leonardpr~sident

Would you please be so kind as to send one more set of Application forms to:

Mr. Derrick Simpkins Mr. Ralph Banks c/o Mr. Clarke Simpkins and

Mrs. Helen Davidson Dr. & Mrs. Farish Mr. Harold Chursinoff Mr. Ralph Banks Mrs. Margaret Thatcher Mr. & Mrs. D.M.Walker

Thank you.

Dr. R.G. Wilson Mr. Michael C. Simpkins Mr. & Mrs. Clarke Simpkins Mr. Derrick Simpkins Mr. & Mrs. Donald H .. Pye

FNR-2013-00150

s.22s.22

~ Here describe by giving name of lake. mountam, stream, village. eIC., In vicinity.

surveyed and evidence of survey is available complete

I"'

evidence of survev is available complete (b).

t Locate with reference to

Province 01 Poi!ish Columbia

Mi nislry 01 Lands Parks and Housing

FORM NO.

LAND ACT

NOTICE OF INTENTION TO APPLY FOR A DISPOSITION OF CROWN LAND

In Land Recording District of ;U..~ tJ~-and situated" ...... s:;,4'~ 4~ ~ S:-... ~4-

Take notice that ~~,1" ;i.:(!!.~ ~"'"~~ •

----, ____ --'t':"./": ... ~:=· ::..-:~'::::~:::::=-______ . _______ , occupation of

intends to apply for a ' A--<~ .A!v~ of the following described lands:

(a) [Give legal description] :i""f 1/ .~)) 4::::N .£~

~"' ~4 ~ j::::e;,,,,"..# 'r /-?4.---vtp- ""~, ,~~ a,.t,..vz;~,-",? ,~ 1.-'v jlJ.-Avi.,N~ ~ T ~7 )

.L~ ~...,/~"'-- containing ha ___ _

12u;( I~ r..",;t;--t."r /~"t-<.. .,,4ci-.....4. , " ~r =~, (b) Commencing at a post plantedt ________________________ _

thence _____________________________ ;thence

thence ________________ ~; thence ___________________ _

and containing ha more or less.

The purpose for which the disposition is required is :j: ;~,~ ~-.-4" ~",,~,

(j]d C2~r S;::;y~ (Name afapplicant in/uti)

(Name of age/U if applicabte)

IP.~ ,19ft-Dated

FNR-2013-00150

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--------------~-----------------------------

STAKiNG CROVVf\l LA~~D

88':0(8 making an application for Crov~n Land - vI/here the land is unsurveYi3d or is part of a surveyed paree! and the point of commencement is not

a surveyed corner an aooiicant is required to identify tile land by the process of staking. This is 00:18 ~·;·t:;;rhinL: the hard copy of this form to a post. at least 2. meter above ~rcund,

fxed ir: the ground at one corner of the land.

j\:: 2ociication for Grown Land must then be file"d \Nithin 30 days'of staKing \lV!t!: a Land CommissionsI'.

NOTE: THERE is NO ,L,CQUiRED VVHATSOEVER TO ANY CROV\;'I\l Lp.)\ID 8'/ REASC!\ OF:

ST,L\KiNG TL!5: LP,ND PUBUSi-iif\lG A NOTiCE OF INTENT TO APPLY FOR'.cROVvN LAf\ID FlUNG PIN APPLICATiON FOR CROVVf\j LAND.

DESCRIBING ,q STAI-<:ED LAND AREA

1. Boundary lines of the staked area must be, as much ,as possible, - astronomically true north, south, east and west so that a rectangular lot is formed -in multiples of 200 meters with the smallest allowable jog being, in exceptional cases, 100

meters.

2. Where the topographical features of the area do not ailow for rectangularboundary lines running true north, soOth, east aM west, then boundaries will be pemiitted in other directions as long as they do not interfere with the orderly survey of other surrounding land.

3. The side lines for small parcels fronting on lakes, rivers, tidal waters and on certain surveyed highways shall, where possible, be parallel to each other and perpendicular to the general trend of the features on which the small parcel fronts.

4. The Side lines for unsurveyed foreshore shall, as a general rule, be laid out at right angles to the general trend of the shore. This may be varied to suit special conditions, but encroachment on the foreshore frontinG adjoining lands shall be avoided. The outside or watenJ\lard boundary shall be a straight line or serres of straight lines joining the outer ends of the side boundaries. On narrow bodies of water the outside boundary shall not normally extend beyond the near edge of the navigable channel.

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Province of Ministry of Li" British Columbia Parks and HL 19 Refer 11 Summary Report

,=,,(,",\'.-, .-APPLICANT NAME ~-.. .. ,....,

-. I IYl P /( /fi,J...s- 7 '- ./.,q /!.-~e:

APPLICATION DATE REF. MAP No.

'71~(7a7 9d.b //;;L:( , LOCATION OF 3 EC;t..£ r c;,W;; LAND

LEGAL

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~~ J )( L DESCRIPTION ~...j.J. • y

- , K!.I 0-1 .

I FILE No.

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DISTRICT OFFICE ADDRESS

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PARCEL

d-~ I

SIZE :r

---- / /1 '''} ;4J i • i

PROPOSED IPltE P I STATUS /:.... e ~ 6-::S r GJ!:::)

I !f7 - 'I -.3 '0 USE '1...vv~ l-1 J-:.(4.. / SUMMARY OF RESPONSES RESPONSE ~ ORDER

AGENCY'ORGANIZATION DATE DATE

POSITIVE CONDITIONAL NEGATIVE

SENT RECEIVED '" 2nd 3.d 4th '" 20d 3.d

AGRICULTURE & FOOD I

ENVIRONMENT B.C. -FISH & WILDLIFE .

-MARINE RESOURCES

-FOLLUTION & WATER CONTROL

ENVIRONMENT CANADA

FISHERIES & OCEANS CANADA

FORESTS -FOREST MANAGEMENT

-RANGE DIVISION

HEALTH

LANDS, PARKS & HOUSING

-PARKS & OUTDOOR RECREATION

ENERG\ MINES & PETROLEUM RESOURCES

REGIONAL DISTRICT/MUNICIPALITY

TRANSFORTATION & HIGHWAYS

OTHER

.. - -

SUMMARY OF ANALYSIS AND CONFLICT RESOLUTION (USE REVERSE IF NECESSARY)

RECOMMENDATION

o ALLOWANCE

o CONDITIONAL ALLOWANCE

o DISALLOWANCE

o UNRESOLVEDREFERRED TO REGIONAL DIRECTOR

DISTRICT LAND REGIONAL

NO iNTEREST NOTIFICATION

4th DATE

I

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MANAGER __________________ _ DIRECTOR ___ ~ _____________ _

DATE DATE

LS9 (R7, 83) CC DK

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New Appl~cation LAND DESCRIPTION UF 4551 Gp.:FILENO, 2403652."received Nov. 17/87 isacknow/edged,

, DATE Secret Cove - Private Wharf

,

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L 15 (R4f80)

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Clarke Simpkins Ruth Simpkins

'.

Please allow time for necessary checking to determine if the land can be made available to you. We will advise you the result of this process as soon as possible.

IT SHOULD BE UNDERSTOOD THAT THERE IS NO AUTHORIZATiON IMPLIED OR GIVEN TO OCCUPY OR USE THE LAND DESCRIBED IN YOUR APPLICATION AT THIS TIME.

If you have any enquiries or need further information please contact this office quoting our File No, " 2403652 "

Attn: phone:

L. Sorken 660-5500

.'

Ministry of Forests and Lands

FNR-2013-00150

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I fki!~ Province of British Columbia

Min istry of Lands, Parks and Housing APPLICATION FOR CROWN LAND

PLEASE PRINT INDIVIDUAL(S} - \ / ' ,'_' . ,.,. , .. i~~~~~E NAME(S) ~. ' - ,.v' />",., ~::e' ('~, // ,,/5 i~1 --,-- /«i iV --? ,-:,. '~"'7 ;-/ -".e:: ·'~:5

II>-* INDICATE JOINT TENANCY IF DESIRED

OR COMPANY NAME

-:.) ," '''.J --:"-~- -.--" ;,~.;. hi ;;;;},.,I'_~", <:". "l

ADDRESS .... (*.PAOVIOE BOTH STREET AND MAILING)

APT. No. STREET No. STREET

-/~ -~? "'"~, /""'[ (:,> ,..r",," "C;

I POST OFFICE BOX NUMBER

HOME TELEPHONE

AGE - 19 YRS OR OVER

RESIDENT IN BRITISH COLUMBIA FOR 2 YEARS

LOCATION"! OF CROWN LAND

[BUSINESS TELEPHONE

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CANADIAN -~cITIZEN

T

YES._O--APPLICATION FEE ':;',"_, ' mNON-AEFUNDABLE

NO 0 ENCLOSED - .. "

,A"

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PROVINCE

'._ .. -COMPANY INCORPORATION No.

PERMANENT ~RESIDENT OF CANADA

.. 0,"

IAREA - HECTARES ..

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DESCRIPTION ...

o SURVEYED GIVE LEGAL DESCRIPTION

l?Pt..41JJ) ." "" ·/5" , '" - '-'. -'-~,

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\ o UNSURVEYED GIVE METES AND BOUNDS DESCRIPTION ",J D.L.6s'S'1 c-·~·I rJ . ....J-j

DATE LAND STAKED AS PER FORM 1

_C" .J .... ·i'lOTiEII>-1. ATTACH OUTLINE OF INTENDEQ DEVELOPMENT INTENDED LAND USE AND PERIOD REQURIED

T"

,/2, ATTACH A SKETCH MAP OF AREA

TPO~T~L CODE

I \; DATE STAMP

..;:>,,, ;'-'-' f,' /"'-? ,.,;:

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>'~ ,S" _:) :"--"; ,.I:;- -', '>'» >i:--:::> P.~('

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BY APPLICANT OR SPOUSE IF YES , ANY OTHER CROWN LAND. HELD I. c.~~

STATE TYPE _~ ____ ."~,,

DYES Q,rb AND TENURE

I HEREBY CERTIFY THAT ALL INFORMATION GIVEN IN THIS APPLICATION FOR CROWN LAND IS TRUE AND CORRECT AND-THBIT i AM AN AUTHORIZED AGENT! SIGNATORY (IF COMPANY). .-

APPLICANT - ---,,' SIGNATURE(S}

DATE OCCUPATION [IF INDIViDUAL(Sl]

"'" rUM VrrlL;c U::il::. UI\lLY "II

YR MTH DAY REGIONAL OFFICE APPLICATION IS FILE No. DATE

-,71 ... 1 ... ' ...... :. ,--"i/, /"~i " •••• ". , ,(~ ,), ..... , •• APr. , . [JJ.-'~EW iO REPLACEMENT REC'D ' ,.. / ,i , " ",-' .

APPL-ICATION IS LAND IS IN YES D ~ iPPLICATION FOR ~ ~RELIMINARY ESTIMATE 0/ LAND 0 MINISTRY PROVINCIAL PROVINCIAL [}~'~AQUATIC 0 OTHER OF LAND VALUE

ACT ACT FOREST NO G} FOREST-, LAND

TYPE OF TENURE FOR APPLICATION 1$ LEASE 0' '"'LICENCE OF EASEMENT LETTER OF REPLACES SUP. D OCCUPATION D RIGHT OF WAY D CONSENT

0 DYES DNO

CROWN GRANT

T.A.8, CODING:

REGIONAL (\i)FFICE COpy

L 184 (R2!86)

FNR-2013-00150

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~ .... _ .. ,_.~ ~ .... , __ . __ ~ _ _ • .......,.,... -"""",", ~".'''"""",\I""",~","",,,=,,,,,,,,,,,,,,,,,,",,~,,,,,=a,,_,,,'IiliiJiiijjiji.*·''H'e,,,iiiiilllilillll:1..<;..;:.

lJL\~ ,/ HEm;vn,L __ .. ___ NON-PHOGH1\Hl>lED __

LZlnd -----

l'i Ie No. ~jo -atsLS7-

l"orm No. ./ ----_._ .... 1.184 ,/

Jlppl ic. reer; 5"", ;;,vt

Surveyed ______ _

Ullsurv,.'yed / . _-------- --_. __ ._-

C01llplete Legal [lescriI'Liun:

_ LL1LV\·Y·\..'~H.p j /:>f)/-J.L~_ _. , ~~" _JJ_.l ..... ,_~,J~f ~"I.

OCCUpil tion __ L~~~~-----Inc. No. ------.. - - ._--- - .. -------

Charity Nu.

Tax Nu. _. ---'-- ... - '. _. ... ..... . -----Sketch _._v.::' __ ._. Prospectus ... _._ ...... _ .. __ _ DevclopmCIlt. ,'ldn

l\quaculture nql!lt. Plan . _____ _

Extensioll of lIoldilH,ls ____ . __ .. __ .

c. rr .. _ .. _ .. ___ e __ Plalls

Upland Owner: C[,-,wn _ .. ___ .. ______ . __ .. __ 1-'0 res t .. _ ....... ___ ._ ... _ .. _______ . Private /"

( e coding at botlom of page) IVil te r -'C,/ _____ _

Date entered ill '1'.1\.5.

!'1;1", '~-,~'": ~-~~;~J u\!J ~ .\ '1 .1 :""J~: '--~

Field File: UE4c-r:(J.l{j_. Pin Nuts). 0/39.>03 ~. __ -----Client No (s) • ::t u, () z,tJj J 3 b 0 5 __ N am e : (;10"/ ;{f fi ""'1 Kin r "f f? .. Jt!. I'lL

e ,"' )'.[; "i' K, ~ " C.1.::: l=>c L~~ .. ; Hef. ~lap No .

Land Use: --? ,'w,;::1..€..._. 0Jl.<!!rL __ _ Parcel Size: ZY0 + fj-"Y.'1_: ___ _ Tenure Type: /-._1_ ... ... __ .. . .... __ _ Tensure Subtype: 0 ( ___ h __ _

Loca t.i 011 : _.~cJ::.e._" .... (~ i!.'2.. .••. __ _

Purpose: ____ ~ ..... () 0 ... Subpurpose: .... _ . .-~_ 02..-

Land Type' 3 • _________ •• •• _,, ____ "·._ •• L _ ••• __ _

~ Geographic 1\rca~ ___ D _____ _

l\ssiCJlled to: L5?< .. _---Hcplaccs S.U.P. S • u . P. 110. ___ _

r:~cferr-;l~- ~c<jui red ./' (separil te 51\(,e t)

Not rC<juirc,cJ __ -----_ ... - -----_.-

C. T .~!L ~)1fla"t;-i:,-~ .. _~ .V-:-~O'Tl-s·~!l~ -='. ~ lJ.e.c ''-I~i~'i ;."d:c.,{ ; .... , =t4.e ~-( id'''-H!( * EXilm inu t iOll sketches 1LJJ..o.: .. '._ L .......... Survey Notes ____ .

l\dvel lis i llc) ____ .J9. ---~--.-.. -Dille ncqucsted

.-"./'"

Name Index Cards . __ .. ___ 1::.~ ___ _ l\cknowledgclllcllt to Client J7~jL:-_-:1..o

.ST'~TU.§.:... Ye (" ____ . __ Date rl''luested .. ___ __ .. _ .... _._ ..

l'iithin Provincial fOrl'sLJ'lJ1._ I\.L.[L _ .. _ .... ___ tlJ;;.

Reg ionu 1 ni s t r ic t ._[' _~_li '1:2 .. _ .. _ nunic ipa 1 it Y .-Al)1l -- . l\s se ssmen t Di s tr ic tM ....... _._ .. Electoral District. __ d.eL ... __

Land Hecordill'J District . '" __ .~ ._.J/~~_ .. __ . Lund District: --_ ... _-_._-

·coli.i;iG I 1\ - 1\s s I ijiiiricii [' U - Premature Henewal C - Complaint

HClllqe 1 Co"st (10) ___ _ Lillooet (29) .. __

'I'exudu (57) Y • D • Y • D • ( 60 ) __ ._

N • 1-1 • lJ • ( J 7 )

Gp. 2, mil) (62)

Gp. 1, Nlvn (G J) --'v"---__ .~=====-..::GP, 3, NlvD (63)

-.... -H ..: }Iisc' 7\i'pr·ii.is':;l P - I'u["chase Option S - ~li sec llalleous

Purpose of Examination

IJ - /·lort'Juge/Dischar'Je L - 1\ppeal

x - I\mcllclmCllt Z - Cleanup

FNR-2013-00150

s.22

-

~~ (,~i Province of Ministry of Lands, APPLICATION r't')R CROWN LAND

~~-British Columbia Parks anc' \using - .-

PLEASE PRINT INDIVIDUAL(S) - C"< ,",//C .,.-... ,./ =. PROVIDE NAME(S) "- n" '''' ..> /M 1'" f'.. /;v:; V. I \ v -r-,-t t-1 '- ;;;- I "'7 'P K' t -/'IS IN FULL

* INDICATE .....

r~~JsT~~tNCY t--

OR COMPANY NAME

APT No.

-Jo (.N'- ~ ..... A<--.. <:."

STREET No. STREET POST OFFICE BOX NUMBER ADDRESS.... = ~ . __ (".PROVIDE ~ C::-.t..... M O/l-l -r- ,::, / BOTH STREET ~rrv-,~.,--~---"C-~~-l--~"------------C-Cr-----~-----------o~"'"~c--------L----------r.v~,,~~----------1 AND MAILING) CITY - TOWN PROVINCE POSTAL CODe

(/ l."l N <.", ,J V~ f3. c:: V ~ --r- I . .

H~E T~LEPHONE . . _ I BUSINESS TE.LEPHONE COMPANY INCORPORATION No.

'--

AGE -19 VRS OR OVER

RESIDENT IN BRITISH COLUMBIA FOR 2 YEARS

LOCATION'" OF CROWN LAND

CANADIAN TIZEN

PERMANENT RESIOENT OF CANADA

~N-AEFUNDABLE .,..

Y APPLICATION FEE P 7--S- ~I NO 0 ENCLOSED ~

AREA _ HECTARES

S L.~.rf E--j- _ c:: 0 V£:

DATE STAMP

fis-

DESCRIPTION ...... ;::? N' -r'1 '" ,..., S'

~

<>I" DL <-/5':;'; L.. c-r- /1 +.>".~ t-1 A 7-? o SURVEYED

GIVE LEGAL DESCRIPTION

OR

o UNSURVEYED GIVE METES AND BOUNDS DESCRIPTION

c::'$'/ / 1'-1 fJ.~ k

COI\f;P

DATE LAND STAKED -J AS PER FORM 1 /'i

1./"""- 31 '1 I

:5" ~.::s

~ .. ~' '-, --,

1_' t. L: "+: ,'7 r n .-.~,n1'"'1'"')n 7 \j U ..... ' - '

) 'NOTE !i>-1. ATTACH OUTLINE OF INTErliOffl DEVELOPMENT'/ 2. ATTACH A SKETCH MAP OF AREA './ INTENDED LAND USE AND PERIOD REQURIED

~ ""'0 J5eu

yl -/.)/8

p,~ I v' I'/'-c ANY OTHER CROWN LAND HELD BY APPLICANT OR SPOUSE

IIFYES STATE TYPE AND TENURE

f...J l-t iI· ,« F - FLO..,'- g, ~ J'! 1'1'? . . iRa~e

DYES ~O

I HEREBY CERTIFY THAT ALL INFORMATI (IF COMPANY),

APPLICANT -SIGNATURE(S)

/./'·t ,:?1/¥1 DATE if v OCCUPATION [IF INDIVIDUAL(Sj)

FOR OFFICE USE ONLY ~

DATE APP. REC'D

YR MTH DAY

f',71//1/] of- r1· REGIONAL OFFICE APPLICATION IS

~. 0 REPLACEMENT FA~Of, e:)31b I~.:z

APP¢TIONIS

IJr"" LAND ACT

o MINISTRY ACT

LAND IS IN PROVINCIAL FOREST

TYP.E OF TENURE FOR APPLlCAr;iijTION

O LEASE ICENCE OF .

. OCCUPATION

FJELD SERVICES COpy

L 184 (R2/86)

YES g,... NO ""

o ~5~~~~TWAY

o CROWN GRANT

T.A.S. CODING:

~~Fj.JCATION FOR

PROVINCIAL [B' AQUATIC FOREST

o OTHER LAND

O LETTER OF CONSENT

REPLACES SUP.

DYES 0 NO

PRELIMINARY ESTIMATE

OF LAND VALUE

$

FNR-2013-00150

s.22

s.22

s.22

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. 1

~, Plotted on §-Map Sheet/Plan

Numberq~ll..W~bY ... -. Date

Amended:.. by....... Date: ..

Amended: .. by.... ...... .............. Date: .. . e MAP CLEARANCE

Description: ... THAT ..... P~.CF ..... Dl::'TRICT .... lar .... b3~ .. E:tPCUP .. l ..... . , J

NEW~TMlNs::.ER .... Q\QTI3.Ic...T ......... S:::\O~N .... OJTL\NE:.D .. . , IN .... BE.,D .... Q-.,J ..... PLAN ..... c,.:rr.6.c..r\E.D ... .t>J\lD .... ~A\NIN~ ... "1&!!;J.@; .. !0?Z .. I:\IC:£E.c:PL I e::-s,.

D

............................... ""' ...

Area:

·····························910:0(~U;;····~··b,~ .. :!§ iiiiiii i + -.......... ../p.~ .. S .............. ,

Location: .... ,."""" .. ",,~<:.0Er. .. COJE:.,.,

Name

Assessment Area .N.~.ei:,(j?E,.::-::~ . Land Title Office ,\JANCQ....\\lE;,B. .. , Regional District~I.NE,,~

Municipality _, .............................. .

Code

.. ",., ... ,.",.,.,.<::6." "",., .. , .. ,', ... , .... b .. ", .. "" ... 2B

VTM km Grid Square

Zone Northing

Electoral DistrictN\C:Cl6ruz.t8. .. , 20: Subject to Survey:

Yes., Referred to Legal Surveys. , ................... .

No

Within Agricultural Land Reserve: Yes ........ , No .. /.. Partial...

Within Indian Reserve Cut-Off: yes ............ No ....... V' Provincial Forest: , .......... Ncr .. ,""-.\ITHIN. Reserve:, . , , , ""NO[kJITHtN .

Crossed bY} R '1 Adjoins a1 way ...

CAdros~ed bY} Other R/W ... Joms

Crossed bY} Highway Adjoins or Road.

Access dedicated: Yes

-~

No

OTHER CONFLlC'J%AND REMARKS

Foreshore parcel adjoins .,.L..~.\1 .... c:::f.:= ... D..L.yo::?!:,.,P5NA--rE.:,.,. (upland)

Upland parcel fronts on .. ,

(body of water)

Crossed by ,.

Ri vcr or Creek

DISPOSITION BY OTHER AGENCIES

Mineralized Mineral Claim staking .. Mineral Claim Surveyed Designated Placer Area .. Placer Mining Lease .. Coal Licence .................. , .. " .. ,.,.,,/,., . Timber Sale Tree Fann Licence .. Christmas Tree7enni ....... . Timber Berth , .................. . Timber Licenc ............. , Special TiIl1.b6 Licence Pulp Le Petro~m and Natural Gas Act Rq/ge A

0:, N Land Grant ,.",.,."".",.,.",., . . Other (specify) ..

FNR-2013-00150

CROWN LAND STATUS ~. File No.:z..YO::bSZ.

Date:.Bl.:::I2..:QCj

MINISTRY OF FORESTS AND LANDS DISTRICT OFFICE LD. No.:

Applicant: ...................................... C ....... :e, .... B ....... 5IMPhIN::, ... . 4167 - BELMONT .sT.!

................................................................ ~NCQ.J\JER.······TB.C, ......... .

Description of Area Applied

............................................................... UNe,· .... PrN.OF ...... D.L ..... b3.'S4, .. G.P I , N.W.D·

Purpose: ...... PI6S,JCl.TI::" .... w'rIABF .. . Purpose, Subpurpose code .. ~.QL . I .

TENURE ADMINISTRATION SYSTEM

Application entered by: Date: ..

Applicant's holdings currently under application/disposition:

Application Disposition

Type: ha. Type: ha.

CROWN LAND REGISTRY

Parcel Identification No. Parent P.I.N.

Reverted: Yes D No g .. , '. . ~ . \ -)1.)' Description of Reversion:QN J3EF ..... J\t'\C:,.P .. ,..1D .. :.\!!C1C5l6.;PgI~j ,00,1 ",.'?

In " . , i '

....•.•.••••..................................................................................................................•.....•.................................................••••.•••••.•.•.•.•.•.•............... ~ ..

Conflicts Noted in L.L.K ...

Completed

Form L-2J (R3/87)

M28-128

FNR-2013-00150

Plotted on hl Map Sheet~. . ~ Number 9 I2..Wi bY'

i· \.

DateB7~12:::09 •

Amended: Date:

Amended: Date:

MAP CLEARANCE

Description ..... THAT ..... P.ABr .. CE ..... Dl~TBIc..T .. lOf .. b3~ .... 6POJP. .. I ..... . f }

NEWW8::>TMINS":EB.. .... OIQTI6.\CT .......... 5t:\OWN .... OJTLlNED .. . ,

\.N .... BcD .... ~ ..... PL6.N .... L:::.1rACr\E:.D ... ~D ..... ~AININC:::J ... . ~ ..... m= .... rvcgE ... c::-l3 .. 1 P::,S, ....

Area: .......................... :~ .. ·.Y.:.L.· .. J ... ..

'--l<: ?£>

+-.... -Location: .......... .;::E:CBETcaJE::.

Name

UTM km Grid Square

Zone Northing

Code

Assessment Area .N.~.et.ti'?E.;:::-~ . Land Title Office~CO-\\.IEB Regional District~INE,~

.................... C6 ..... .

...................... h.

...................... 20. Municipality

Electoral DiStrict.~E:NZJE;, ... ................... 2..0. Subject to Survey:

Yes Referred to Legal Surveys

No ..

Within Agricultural Land Reserve: Yes ........... No .. /. PartiaL

Within Indian Reserve Cut-Off: Yes ........... No ....... V Provincial Forest:... ..NIT .. NITHIN Reserve . ............Nar~ITHIN .

Crossed bY} R·I Adjoins a1 way ..

Crossed bY} 0 h Adjoins t er

Crossed bY} Highway Adjoins or Road

Access dedicated: Yes. No

~

afHER CONFLIC1F!\ND REMARKS

Foreshore parcel adjoins ._.L.J,L ... ~ .... D.L .. Y~L: ... P6NA~ .. (upland)

Upland parcel fronts

(body of water)

Crossed by

River or Creek

DISPOSITION BY afHER AGENCIES

Mineralized Mineral Claim staking .... Mineral Claim Surveyed ". Designated Placer Area .. Placer Mining Lease Coal Licence .. . Timber Sale ... . ......... /< ..

Tree Pann Licence .. Christmas Tree Penni Timber Berth .. Timber Licenc Special Titnlref Licence Pulp Le PetroleUm and Natural Gas Act RwtieA ~ & N Land GranL .....

/ Other (specify) ........ .

FNR-2013-00150

CROWN LAND STATUS ~. File No.: LY05tbbZ, Date:.B1:::.I2.~C8 ...

MINISTRY OF FORESTS AND LANDS DISTRICT OFFICE J.D. No.:

Applicant: ........................................ C ....... § ... B, ..... 5!MP.Y:)IN::, ... . 4167- BELMONT ,sT.

1_ _ _ _ I

FILENO. STATUS OF CONFLICT

Status completed bY:.n~""1 .... : ... ffi.:QI.~.2.b .

1 LAM. SECTION No.: ...................................................... ···························1

ADJUDICATION

Allowance 0 Disallowance 0

Passed by: Date: Approved by: .. Date:

)~ I

FNR-2013-00150

FNR-2013-00150

PLAN -----r--8499

B

JRNAG

~. -,

IN I.

EX-PLAN 7978

8242

17404

COVE

r )

VE .8

A PLAN 9892

2

.. -~~- - .

PL AN

f68BB

3

9

6"~

\2 L.45SI

FNR-2013-00150

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~.

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~- -'


Land Referral and

Ministry of Forests and Lands

Notice of Outcome

At ten tion :Lar~S.orkeh

APpLICANT PAOPONENTCTark.-e:----& Ruth Simpkfns FIELD

NAME 4767 Belmont Avenue . . ~66'~,\'SS Burnaby, B. C. , ; "8 AND V5G 1B2 Vanc('uver, B.C., V5T lA PHONE No.

APPLICATION PROP9~AL R.i'"2.MAf .. .1"'" DATE Nov 17/ t;7 ':JGllLd

, '-,-_,,~, '.i -

o~4rutl52

(."i' "j' ld/

,rSunshine Coast Regional Dis:trict~ Box 800

. :Sechelt, B.C. '. VON 3AO

You are requested to comment on the following application. Your response should be received within 30 days by the undersigned . Where the time limit for response cannot be met, a verbal response should be made. Details of the application are provided, Lack of response will be considered as a positive reaction to the application .

. L

LOCATION OF LAND Secret Cove

LEGAL DESCRIPTION Portions of D.L. '4551, Lot 11, Group 1.

INTENDED LAND USE AND PERIOD REQUIRED

PARCEL SIZE 2

ha

";. ' I Private !''harf

-,'" ,:. I ADDITIONAL IN.FORMATiON'RELATED 10 THE FOLLQWING IS A\(AILABlE ON REQUEST .. , .

"

F ~'" c,

'-'-' .. ",._c,

"(

/~ , '''L: .~. , ' . _/ ,

,~}J'v'-"

LLarry

fl·'-\' ~~

I' r ,...v hC~y'"i f"", he"-". lY1. flc.G<- t, ~~>L l'q..-<;

87-12-02

OFFICER SIGNATURE SENIOR LAND_-O _______ -,-'""'iAiijRe~------___ ==

OATE

RESPONSE SUMMARY

MAPPROVAL RECOMMENDED

APPROVAL RECOMMENDED SUBJECT TO D CONDITIONS OUTLINED ON REVERSE

DATE h 01~ I ~y!/ D INTERESTS UNAFFECTED BY PROPOSED USE

D APPROVAL NOT RECOMMENDED DUE TO REASONS OUTLINED ON REVERSE .

WISH TO BE NOTIFIED OF OUTCOME

- SIGNED~vjXt~ I~ / e.,(#:Mft4A;/.pfi1¥~1

l230 (86)

(To be completed by lands office)

APPUCANT OUR FILE No __________ _

LAND LOCATION ____________ c-_______________________ _

APPLICATION IDENTIFIED HEREIN HAS RESULTED IN - , o LEASE o LICENSE OF OCCUPATION o INTERIM LICENSE OF OCCUPATION o STATUTORY RIGHT OF WAY

o INVESTIGATIVE PERMIT (SECTION 10 LICENSE) o DISALLOWANCE OF APPLICATION

THE TERM OF TENURE IS • COMMENCING _______________ _

SENIOR EXAMINER

l230 (88) W-1172

-'~-"--'-:"""'.~

FNR-2013-00150

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t'iti:J' Ira!iIG~


Ministry of Land Referral Forests and Lands and

~...-...J Notice of Outcome

Attention,: Larry Sorken

APPLICANTPRQPONENTClarke & Ruth Simpkins FIELD NAME OFF!CE Burnaby B.C. 4707 Belmont Avenue ADDRESS '

Vancouver, B. C. , VST lAS AND VSG lB2 PHONE No.

APPLICATION PN'/'e"}- l~~~rr~d ~ 1~49'31'152 DATE Nov 7

"" -

87-l1\l1Oz' .Earry rorken SENIOR LAND

OFFICER--------~-;;,S'''GN''A'''rc'"R''E~-------- DATE

RESPONSE SUMMARY

~PROVAL RECOMMENDED

APPROVAL RECOMMENDED SUBJECT TC o CONDITIONS OUTLINED ON REVERSE

DATE l' I'~ ("I '-j oJ o INTERESTS UNAFFECTED BY PROPOSED USE

O APPROVAL NOT RECOMMENDED DUE TO REASONS OUTLINED ON REVERSE

1/5~ U WiSH '~ BE Nc:.'2:~ED OF OUTCOME

SIGNED BY . ~ N,W.P.A. Or-I',,,,E - nT~

~/~'._"T ,-'

L230 (86) CON. COP,ST GUARD

(To be completed by Lands office)

APPLICANT ____________________________________ __ OUR FILE No. _________ _

LANDLOCAT10N _____________________________________ _

APpLICATION IDENTIFIED HEREIN HAS RESULTED IN -

o LEASE o LICENSE OF OCCUPATION

o INVESTIGATIVE PERMIT (SECTION 10 LICENSE)

o INTERIM LICENSE OF OCCUPATION

o DISALLOWANCE OF APPLICATION

o STATUTORY RIGHt OF WAY

THE TERM OF TENURE IS ,COMMENCING _______________ _

SENIOR EXAM1NER

L230 (86) , W-1172

FNR-2013-00150

~'" .unr ~-J.~~

Province of Ministry of La BrittGh Columbia Parks and Hou:::...-Ig Reten .... ! Summary Report

-APPLICANT NAME -::.s:'" K. DISTRICT

1M 1'/( /A)-S" , C,,-,q ti-/C.-e ¥- 14 r t'f . OFFICE ADDRESS

V.4--Alc..,"-~ APPllCA~~TE t h

,b\j- 17 '-' REq~ N~ //;;..-.1 I,.::)~;/I '=1 he" ,;;2 L/.!= . * ... SS-I G,a I LOCATION OF

S€C;t:£r t:.,V?;;' PARCEL

;;;......~ . L-LANO . SIZE

LEGAL

I'~ 11 -1;. L· "fSS? £ot:: ~ I. DESCRIPTION 1/ ...

PROPOSED l~ ItL I STATUS fo e:: 6U-e 6-:S rG-.b USE ~- 7,;;:., 1./1, .4 / ? 1/ 3-0 SUMMARY OF RESPONSES RESPONSE AWb ORDER

AGENCY/ORGANIZATION DATE DATE POSITIVE CONDITIONAL NEGATIVE SENT RECEIVED "I 20d 3,d 41h ,,1 20d 3,d

AGRICULTURE & FOOD

ENVIRONMENT B,C, -FISH & WILDLIFE

-MARINE RESOURCES

- POLLUTION & WATER CONTROL

ENVIRONMENT CANADA

FISHERIES & OCEANS CANADA

FORESTS - FOREST MANAGEMENT

- RANGE DIVISION

HEALTH

LANDS, PARKS & HOUSING

-PARKS & OUTDOOR RECREATION

ENERGY, MINES & PETROLEUM RESOURCES

REGIONAL DISTRICT/MUNICIPALITY ~'" \0 i1:. ,o,'lf . ~. ~ " J TRANSPORTATION & HIGHWAYS

OTHER

C C>-€lv<:l.l'" ~- ,~v~, L:\ (\ ~Z2C,1·\ , y/~A.

<. ):::V ..... . ,'. J ,/

SUMMARY OF ANALYSIS AND CONFLICT RESOLUTION (USE REVERSE IF NECESSARY)

RECOMMENDATION

/ 1 I 11 e. "--C&7'1. /11. "--. c( co-\..

J 1/ c:~'- e 'I?

/

[;3 ALLOWANCE

D CONDITIONAL ALLOWANCE

D DISALLOWANCE

D UNRESOLVEDREFERRED TO REGIONAL DIRECTOR

DISTRICT LAND, ,/'/

o c. (/ v'-{ &c~ 1 ' tS-r--...

t

REGIONAL

41h

J! ;- "

(; / ,

l ' L

NO INTEREST NOTIFICATION DATE

I;::~(// MANAGER ,/'~1 ~P /e\~&'1 it{ A .-. DIRECTOR _________________ _

i' ! /' t ___ ,/ { .-

"' ·I...s-/ DATE DATE

L59 (R7/83) CC l--7

DK

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(Give distance & direction to some well known topographic feature, city or town. Indicate distance to a major service centre)

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FROM DISTRICT M,ANAGER, "'C'IY ,,\lj;;!~}

Il\o'l \ 3-(F$ti

~<, ,~,ARY RECOMMENDATION OF THIS REPORT FILE No.

[ij'ALLOWANCE D Conditional o Amended -')-/ """5 7 o DISALLOWANCE (/'-'"""> [1 J " c' ~

FIELD EXAM ~s l,DATE MADE I ,REPORT DATE ~~ PHOTO No. ~ MADE 0 NO ~~, W"t€ 1.0- INn !lp,-,/s- /;qg-y :;;C17d-c7-l7 Aj), OMPLETED

I~v~ o NOT COMPLETE , O,!,'~, , " 7

AREA V .. ,-,,' "', if

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C/q.J!.~ -r:'M.,f' f<'n~ "l A","'/--4 / 711 . .( - r:;...,,r A"i''1 $'

~J' I I I PURPOSE

TENURE AQUACULTURE INDUSTRIAL PRIVATE USE COMMERCIAL OTHER

LEASE D D D D D LICENCE OF OCCUPATION D D [3'" D D OTHER ( ) D D D D D o OPEN SHORELINE WsAY OR INLET o ESTUARY o PORTION OF RIVER

o OTHER (SPECIFY) ~ t(f.,..Y'l eJ J:"cc-,,<--I C'iUve ( 0

r~i' , , Y'''j "b).., </5)/ J vtc j I

USEABLE c; I ! TERM OF TENURE ARE THERE ANY-

PORTION / D '¥yg' [3"SHALLOW AREAS o REEFS o OBSTRUCTIONS ha o UNUSEABLE AREAS DUE TO WIND

WILL USE INTERFERE WITH BETTER COMMENT J J{v;;;.",I,vI ~ UPLAND OR FORESHOR~E q (0--.'-1

DYES ,NO WILL THIS SITE BE NEEDED AS A SITE CAPABLE APPLICANT WILL WILL PETROLEUM LOG DUMP SITE IN FUT~ FOR USE 1 '2. USE SITE , 1:'2 PRODUCTS BE SOLD FROM o YES NO MONTHS PER YEAR MONTHS PER YEAR SITE 0 YES [31'ro IS THE SITE AREA EXCESSIVE OR RESTRICTIVE ~PPLICANTS NEEDS DYES "NO COMMENT

oJ <i.[1 '1 0'1'",

YEARS AREA 1 BY- -:r-+ h,,-~ ~~ ,th·- j

'''l t.'i..(""1( -; (;;C_:...../e i/"\ ! MONTHS " ha, PURPOSE-

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FOLIO No. ACTUAL $ (ESTABLISHED BY RECOMM~NDED $ VALUE ASSESSMENT AUTHORITY) VALUE

rift (CONTD. OVER)

L 209 (R 5182) M28-240

FNR-2013-00150

9. , IMPROVEMENTS ~ (Describe and estimate value. lMlo built them? Who claims them?)

10, DISCUSS ~ DEVELOPMENT PLAN (Where applicable)

11, ENVIRONMENTAL AND LAND USE ~ IMPLICATIONS AND RECOMMENDA, TIONS

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REFERRAL RESPONSE ~ REFER TO ATTACHED REFERRAL SUMMARY FORM, V RECOMMENDATION

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OFFICE \\\-J /' "l'

DATE '0/=1 ~ i! EXAMINER f'V I / / . . . ( ('--'/

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FNR-2013-00150

VARIABLE INPUT SHEET. I tl'Final Doc umen ts

c=J Specimen Documents

A. E?",miner & Title CQIY' :\;'-\'\J'pTc, -t;C ,."/,., \\ ;!- j '1 ....... 1/"'\"

File

f I (' , "'~c! ,'"';' .;, ,£.1/:) ,_ \ 'i ~' ' '11'1'1,."-" f"\ \ <:,-,\f';:X]-: ~j c')

No. (Ours)

(Theirs)

:;1.

B. Forms Required: ,',- \,

(1) Comm Letter C'tc (I", J (2) . . \ i ;' " ;; ~'-

! '~l Ii I tJ;,. . ,) ·ik· ., ... L ",

(3) Lease/License L l4(') (4)

Date \ ,0: '1'::" "t"<: 'ir't<:';> C>J'<JiL-.' c,0~:.) ·--J,\t'i!.k('"'-. J i .:J -~"'_ r'! ~\ ,I:

Legal Desc Sch /,. .. J t ( (I, J .Y

(5) Mgmt Pl/Sp Prov 2-5).,1 (q "~I (6) Site Plan _-,-"::-..',,",,; ':1:.:. _____ --' _____ _ , ._. .i; f",",

(7) Rental/Fee Sch 1- :':::>b ( ky ) (8) Endorsement __ ,"':...:!.i{,L!.\ ___________ _

( ) . ' /, 9 Other,: ;e"

C. Applicant: (lease - use on form listed in B3 above, letter - use on form listed in

L..-l(1r \,-;::'~:, .J~:J""f';~::.'\:-"i," .;-'.!,n.c:y\ K .. :",''-\Y'"' _>\ ('f'-"f>'r', ,F';.::>

(2) on letter (if different) )

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(3) At·t"'R~-en·

(4) Dear S'" r ~ '?"\c;;.r-l0: ~)'-, ;

D. Legal Description: (lease - use for~ listed in B5 above, letter - use form listed in Bl)

() I' l- l.." ['\; ,. "'-,; /.. .. ".-I on l~ase ,'y):" " /,\i"{ l'" \ {~,'r t.-l ,. L. t:) ,"~::j.j;"7 (-.~ <3 t"1', t A~:, I }I

_\.1'\ " ,;,1'/1') i\ ",: {"'\ '\'~. \ ~\ ,\ F" Pc", '.. \.1":'''- {' e. c\ C\ """-., /':> '11 n ""o, V'> ,.::~. i " \ ('oj ,.".,

~ l" ·_".,.:0 ~ .. _l...-.();.r E:_ \rr~" V\i"C>-',,",C:., .. "" ,,,-~

(2) on letter (if different)

o r, (' I ,) ." r::,1i-(L c: he.' (§

(3) prior interests (type. under legal or on reverse of form)~ __ ~I.:,,::.J_.'_I.:',._,-J:, .. i; __________ _

E. Conditions & ,Fees:

(1) Rental/Fees $ (2) Security $ (\ . ,~. (-,

(also ,use in form listed in B 7) (also use in form listed in B3) (3) Doc Fee $ 10·;(). O(~' (4) Occ Rent $ C~> c' (5) Other $ 0 . ,2 ,-, in blanks: from ,<: : /~ @ $ (Ii, C:(> (6) Insurance $ ;-Y~i~' Cce, ,

(also use in fotm lis ted in B3) ,;", (7) Other preconditions __ ~ ________________ ___

/ ," ,')" \ _,.1_"(- f t .. ::,·"o

(8) Acceptance! days. . , .... ..' .. 1 r" . .::\'·

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F. Lease Details:

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. il"·' " t" ry (1) Term -h",., " \j \" en ;"':;::' (2) Reference Date hl.~ \(t .Lsf 32: I"i' ;I'i

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(3) Commencemt Date C!Ch3V)·c·- .'~\ ICt8F (4) Mid-Term Renewal ___ "'_' _',,;,~~ _______ _

(6) Other i"" \ t'l (5) Cancellation (l/d)

G. If Section 10 (L88, 99 or 96):

(1) Purpose - see HI (2) Fee $

H. Other Details:

(1) Purpose (form B5)

(2) Other Provisos (B5)

(L-;o:;.;..«': L .. (JC~

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(3) RoyaltY Fee $ per ,(4) Value per ha (R/W) $ __________ _

TYPED BY ____ _

FNR-2013-00150

s.22

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In order to expedite the issuance of these documents, we have drafted an interim sketch and legal description on the "Legal Description Schedule". Proper prints and the cor=ec~ area calculation have been requested from our mapping section in Victoria and will be inserted into the documents once you have signed and returned them to this -~. .

OI~~ce.

FNR-2013-00150

m LICENSE No.


Ministry of Crown Lands 1- F~e Schedule

I FILE No. 2403652

The fee for the term shall be the sum of S 600.00 , payable in advance, on the Commencement Date.

LS6(b) R(03/S7) PREPAID

FNR-2013-00150

(i) Province of British Columbia

Ministry of Crown Lands 1····c!speciaf~r9~$~s~h~a~Jejl

LICENSE No. I FILE No. 2403652

PRIVATE MOORAGE

1.1 Purpose

The Licensee shall use the Land only for the purpose of constructing, operating and maintaining a Private Moorage Facility.

1.2 Special Provisions

In this Management Plan

"Private Moorage Facility" means a single floating dock, wharf, or pier (including vvalk"vay ramp) or combination thereof, used for personal noncommercial moorage use.

The Licensee shall not

(a) anchor or secure any buildings, structures or improvements on the Land, except as provided for in this license, without the prior written consent of the Owner;

(b) interrupt the movement of beach material by water along the shoreline;

(c) impede public access to and use of the foreshore;

(d) use construction materials containing toxic substances, except in marine waters where the use of preservative treated wood may be necessarYi

(e) store petroleum products or other toxic substances on the Land;

(f) use mechanized equipment' other than a pile-driver during the construction, operation or maintenance of improvements on the Land.

1.3 Additional Provisions

(a) Notwithstanding Article VI of this license, in the event of a cancellation of this license by the Owner, under section 6.01 (a) or (cl the Owner shall within 60 days of the date of cancellation refund to the Licensee a prorated amount of the license fee.

L54(q) R(02/87)

FNR-2013-00150

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Ministry of Crown Lands I Legal Dt-ocription Schedulei -

LICENSE No. I FILE No. 2403652


That part of District Lot 6354, Group 1, New Westminster District, shown outlined in red on plan below and containing 870.00 square metres, more or less.

L57d (2/83) M-341 M2S-825

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S22

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IN WIT~ESS WHEREOF. the p<lrtio2's have 02').ecuto2'd this licenso2' as of the day and year first abovo2' written.

SIGNED on behalf of Her ~laie5tv the Qlleen in Right of the ProvlOce of British Columbia bv a duly allthonud reprcsent.-.hve In the pre!:>ence of:

srC"ED,,, CLARKE SIMPKINS in tht> presenct' uf:

S!G~ED b\" .1 ~ht!\' authorized '>1);:;n'1t,lry lif .

in the pre!:>enct> llf:

SIGNED by RUTH SIMPKINS in the presence of:

1.1411 R(nh!~F·'

AuthOrized Representati\"e

Sign'1tme of License""

Authorized Signdtory

Signature of Licensee

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FNR-2013-00150


(a) the license hereby granted should be taken in execution or attachment by any person or the Licensee commits an act of bankruptcy, becomes insolvent or ~titioned into bankruptcy or voluntarily enters into an arrangeme, h his creditors,

(b) the Owner discovers that the Licensee either in his application for this license or otherwise has, in the opinion of the Owner, misrepresented or withheld "ny fact material to the application,

the Owner may on 90 davs written notice to the Licensee, cancel this license and the rights 'herein granted.

(6.0-l,) Thirty days after the expiration or cancellation of this license, <lny improvements or fixtures that remain unremoveci from the Land shall be absolutelv forfeited to "nd become the property of the Owner <lnd the Owner ma~' remove them from the Land and the Lice,.,see shall, on demand, compensate the Owner for all costs incurred by the Owne~ respecting their removal.

(6.05) The Licensee shall not be entitled to any compensation, whether for damages or otherwise, in respect of a cancellation of this license by the Owner under this Article.

Article VII - Security

(7.en) The security in the sum of 5; o. 00 and all rights, privi-leges, benefits and interests accruing thereto delivered by th~ Licensee to the Owner (herein called the "Security") to guarantee the pertormance of the Lkensee's obligations lInder this license shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been ftilly performed; provided, however, that the Owner may~ in his sole discretion, waive the requirements of this subsection.

(7.02) In the event the Licensee should default in the performance of any of his obligations hereunder, it shall be lawful for the Owner, in his sole discretion, to se!I, ca!I in and convert the Security, or any part of it, and stich Security shall be deemed to have been absolutely forfeited to the Owner.

(7.03) The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or cancellation of this license,

(7.(1.+) Notwithstanding section 7.01, the Owner may from time to time notify the Licensee that the amount of Securitv delivered bv the Licensee to the Owner be changed ;md specify the amount of Secllrity -reqUired by the Owner.

(7.05) The licensee shall, within 60 days of receiving the notice referred to in section 7.0.+, cause the amount of Security delivered to the Owner to be Changed to the amount specified in the notice and provide the Owner with written confinnation of the change.

Article VIII - Notice

(8.011 Where service of a notice or a document is required under this license, the notice or document shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner and the Licensee at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada.

(8.02) Either party may, by notice in writing to the other, specify another address for service of notices under this license and where <lnother address is specified lInder this section, notices shall be mailed to that address in accordance with this Article.

(8.03) Notwithstanding section 8.01, any written notice to be served or given by the Owner to the Licensee under this license shall be effectively given or served by posting the s<lme in a conspicuous place on the Land.

Article IX - :Miscellaneous

(9.01) No tenn, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any tenn, condition, covenant or other

(9.02)

provision herein shall not be construed as or constitllte a waiver of anv further or other breach of the same or anv other tenn, condition, covenant, or other provision and' the consent or approval of the Owner to any act by the Licensee requiring the consent or approval of the Owner shall not be con~idered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Licensee.

No remedy conferred upon or reserved to the Owner is exclusive ,If am' other remedy herein or provided by law, but such remedy shall be cumuliltive and shall be in addition to anv other remedv herein or here"fter existin)."; at law, in eqUity, or by statute. '. ,.

(9.03) This license is subject to;

(a) all sllbsisting grants to or rights of any person made or acqtlired llnder the W:u!.1..iKt, Fori!~t Act, Mincrnl Ael. Mil/hI'? (Pine!!)') Act, Pctl'llll'll/Il nl1ll "-la/llml Gn~ Act, &l!~f.Lk.t, ~or yVi/dliu' Act, oranv extension elr renewal of the same, whether or not the Licensee has <I(tllal notice of them,

(b) <lny prior dispositions made pursuant to the Lnnd Act, AND

(c) the exceptions and reservations of rights, interests, privileges and titles referred to in section 47 of the ~.

(9.04) The Licensee acknowledges and agrees with the Owner that (a) any interference with the rights of the Licensee under this license by

virtue of the exercise or operation of the rights, privileges or interests described in section 9.03 shall not constitute a breach of the Owner's obligations hereunder and the Licensee releases and discharges the Owner from and against any claim for loss or damage arising directly or indirectly out of any such interference,

(b) all costs and expenses, direct or indirect, that arise out of anv interference by the Licensee with the rights, privileges and inter!"sts described in section 9.03 shall be borne solely by the Licensee,

(c) he shall not commence or maintain proceedings lInder section 60 of the ~ in respect of any inter~erence with his rights hereunder arising directly or indirectly out at the exercise or operation of the rights, privileges or interests described in section 9.03, AND

(d) all schedules referred to in this license fonn <In integral part of this license.

(9.05) This license shall not entitle the Licensee to exclusive possession of the Land, <lnci the Owner may grant licenses to others to lise the land, for any purpose other than that permitted herein, so long as the grant does not m<lterially affect the exercise of the. Licensee's rights herellnder. The question of whether a grant materially atfects the exercise of the Licensee's rights herellnder shall be determined by the Owner in his sole discretion,

(9.06) The tenns and prOvisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and pennitted assigns.


.Article X -. Interpretation

(10.01) In this license, unless the context otherwise requires, the singular incImtes the plural and the masculine incllldes the feminine gender and a corporation.

(1O.02) The captions and headings contained in this license are for convenience only and are not to be construed as defining orin any way limiting the scope or intent of the provisions herein.

(1O.03) Where in this license there is a reference to an enactment of the Province of British Columbia elr of Canada, that reference shall include a reference to any subsequent enactment of like effect, and lInless the context othenvise requires, all statlltes referred to herein are enactments of the Province of British Columbia.

(10.04) If any section of this license or any part of a section is found to be illeg-ill ,lr unenforce"ble, that part or section, as the case may be, Shilll be ..:on-,;idered separate and severable and the remaining parts or sections, "s the CJse mil:; be, shall not be <lffected thereby and shall be enforceJble to the tLlllest .oxtent pennitted by law, .

FNR-2013-00150

T (~~~) -

Province, _, British Columbia

Ministry of Crown Lands [License -A.quatic Lands I

THIS AGREEMENT executed in triplicate and dated for reference the 30t h day of

IN PURSUA"rE OF THE LAND ACT (Section 36).

August • 198 8 . I LICENSE No.

FILE No. 2403652

Between HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, represented by the Minister Responsible for Crown Lands, Parliament BuHdings, Victoria, British Columbia

WITNESSES THAT WHEREAS the Owner has agreed to grant to the Licensee a license over that parcel of land described in the schedule attached entitled Legal DeSCription (hereinafter referred to as the "Land");

and (hereinafter called the "Owner") OF THE FIRST PART

CLARKE SIMPKINS, and RUTH SIMPKINS, both having an address of delivery at: 4767 Belmont Street VancQuver, British Columbia,

(hereinafter called the "Licensee") OF THE SECOND PART

NOW, THEREFORE, in consideration of the fee to be paid by, and the covenants of, the Licensee, the parties agree as follows:

Article I - Grant of License

(l.OIl The Owner, on the term::; ::;et forth herein, hereby grants to the Licensee a licen::;e to enter un the Land for the purpose::; described in the schedule .,tt"ched entitled Spedal Proviso (hereinafter called the "Sped"l Proviso Schedule").

Article II - Duration

(2.(11) The duration ~lf the license and the rights herein granted shall be for a term of

Ten (10) years commendngonthe

31st day of October 1988 (herein c"lIed the "Commencement Date") unless cancelled in accordance with the term::; hereof.

Article III - License Fee

C:'l.lll) The Licensee shall pay to the Owner, in advance, on the Commencement D<lte, the license fee as prescribed in the Fee Schedule attached.

Article N - Covenants of the Licensee

(·tOl) The Licensee covenants with the Owner {a} to pay the license fee due at the address of the Owner first above

written or <It such other place as the Owner may spedfy from time to time;

(b) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged which relate to the Land or any improvements thereon (herein called "Realty Taxes");

(c) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent governmental authority in any way affecting the Land and improvements situate thereon, or their use and occupation;

(d) not to commit or suffer any willful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon anything th .. t may be or become a nuisance or annoyance to owners or occupiers of adjoining land;

(e) to deliver to the Owner from time to time, upon demand, proof of insurance required to be maintained by the Licensee, receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the Licensee required to be observed by the Licensee pursuant to this license;

if) to indemnify and save the Owner hannless against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors ariSing out of

(g)

(h)

(i) ,w)' breach, violation or non-performance of any covenant, condition or ,lgreement in this license by the Licensee,

iii) ,my personal injury, death or property damage occurring on the Land or happening by virtue of the licensee's occupation of the Land,

and the Owner may add the amount of such losses, damages, costs <lm1 liabilities to the license fee and the amount so added shall be payable to the Owner immediately;

to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner and to make clean and sanitary any portion of the Land or any improvement that the Owner may direct by notice in writing to the Licensee;

to permit the Owner, or his ,luthorized representative, to enter upon the Land ,it any time to inspect the Land and any improvements thereon;

(i) to use <lnd occupy the L.,nd in accordance with the provisions of this license including those set forth in the Special Proviso Schedule;

L140 R(06188) M-583

(j) on the expiration or at the earlier cancellation of this license (i) to peaceably quit and deliver possession of the Land to the

Owner, (ii) to remove all buildings, machinery, plant equipment and appa-

ratus and all other improvements to or things on the Land, (iii) to restore the surface of the Land to the satisfaction of the Owner, and to the extent necessary, this covenant shall survive the expiration or cancellation of this license;

(k) to effect and keep in force during the tenn, insurance protecting the Owner and the Licensee (without any rights of cross-claim orsubrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than

$ 1,000,000.00 ,PROVIDED, however, that the Owner may, in his sale discretion, waive the requirements of this subsection on the delivery to the Owner of evidence that the Licensee is self insured.

(I) not"withstanding subsection (k) of section 4.01, the Owner may from time to time notifv the Licensee that the amount of insurance posted by the Licensee 'pursuant to that subsection be changed and the Licensee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) of section .. tOl to be changed to the amount specified in the notice and deliver to the Owner written confinnation of the change;

(m) not to interfere with the activities of an:' other person to enter on and use the Land under a prior or subsequent license granted by the Owner;


(0) not to dredge or significantly displace beach materials on the land \"IIithout the prior written consent of the Owner;

(p) not to place any improvements on the Land or carryon any activity on the Land or on the surface of the water covering the Land that may constitute an interference with the riparian rights of the owner oOr occupier of the land adjacent to the Land;


Article V - Assignment


Article VI - Cancellation


(6.02)

(a) the Owner requires the Lind for his own lise or in his S~lle discretion, considers th<lt it is in the public interest to c,lncel the rights herein granted, in whole or in part,

(b) the licensee ceases to use the Lind for the purposes permitt.;d herein,

(c) the Owner, in his sole discreti~lO, considers th<lt it b nu klOger necess.lry for the license.; to use the Lwd for the pllrp~)Ses permitted herein,

the Owner m,l\' on 90 <.:I.1\·S I,·ritten notice to the Licen::.ee, c,lncel this license and the rights herein gr;:1l1ted, in whole or in pMt.

In the event that the licensee fails to observe or perform ,1n\' of the covenant~, ilgreements. pnl\'bi~lO::; ~1r conditions cont<lined herdn, ,ind ::;llch failure continues for" peri~ld of bl1 d,,;.S next aftto'r the giving ~)f written notice bv the Owner to the Licensee of the natllre of the failure. the Owner m.n· cimcel this license in accord"nce with the Lmd Acl ,md n()twithst,'ndin~ section (4.01) (j), any buildings, m<lchinery, plant eqllipmt;'nt ,mel ,'ppM,'tu~ and all other improvements to the L,nd Sh.l11 become .• 1t the discrdi~lO of the Owner, the property of the Owner.

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s.22

s.22 s.22

8. EXECUTION OF J..,,,,CUMENTS:

Please sign all copies of the documents in the space provided for signature(s). All signatures must be duly witnessed.

9. TIME FOR ACCEPTANCE:

_,ailure to complete the documents within 60 days of the date of this letter will automatically void our obligation to dispose of the Land to you.

Please return to this office, within the time limited above, all copies of the executed documents together with your payment, and evidence of having met the other preconditions, outlined above.

We trust that the foregoing arrangements are satisfactory to you. If you have any questions, please contact the individual noted above.

I'S c,/CJ:mp

tfZ cc: Senior Land Officer DK-640

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5. TIME:

Time is of the essence in this agreement.

6. NON ASSIGNABLE:

"'"his commitment letter is not assignable or transferable.

7. CONDITIONS PRECEDENT:

7.1 Statement of Fees:

Please submit to this office the fees outlined below by cash, money order, or certified cheque payable to the Minister of Finance and Corporate Relations.

~ 600.00 ,/ U ..> License Fee................................................ $

Documentation Fee .~................................... $ 150.00 /(.,::)

Occupational Rental.................................... $ 0.00

Other ........................................................ $ 0.00

/. 750.00 J TOTAL.: ........ , ......... : .............................. $

Where applicable the occupation rental payable in respect of your occupation of the Land

from N/ A to the commencement date of the License is charged at

$ 0.00 per day.

7.2 Other Preconditions: Please submit, to this office:

[;] Evidence of insurance in effect in the amount of

$ 1 000 000 00 /'. on the attached Gerti ficate of Insurance form. , ,. ." per occurence. ( . . ) V (... ) See Informahon Sheet for detads •

D A security deposit in the amount of $ ---"0-'-.0"'0'-____________ _

o II

v{)7

In order to expedite the issuance of these documents, we have drafted an interim sketch and legal description on the I!legal Description Schedule!!. Proper prints and the correct area calculation have been requested from our mapping section in Victoria and will be inserted into the documents once you have signed and returned them to this office.

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r~~ 'l=,J' ~~~ ,-

lJO(b) R(OS/88)


Reply attention of: Carol Johnson for Manager,


land Administration

lower Mainla~d Operations McLar<'- Centre #210· .0 Manor Street

Burnaby, B. C., V5G 1B2

Telephone: 604-660-5500

OUR FILE 2403652

YOUR FILE ____ _

Clarke Simpkins & Ruth Simpkins 4767 Belmont Street

Vancouver, B. C. V6T lAB

Dear Sir & Madam:

}0,Jk, Date: BB~

Re: Application for a disposition over the land described as that part of District Lot 6354,

Group 1, New Westminster District, shown outlin~d in red on plan attached and containing 870.0 square metres, more or less.

(hereinafter referred to as the "Land")

We are pleased to advise you that we have approved your application for a disposition of the Land under the Land Act on the terms and conditions set forth below.

1. FORM OF DISPOSITION AND TENURE:

The disposition of the Land to you will be by way of the License of Occupation attached hereto (herein referred to as the License) on the terms and conditions set forth therein.

2. NO WARRANTY:

Neither this commitment nor the granting of the License to you shall constitute a warranty or representation to you that the Land is suitable for its permitted use, that it can be built on, that it is not susceptible to flooding or erosion or that there is access to it.

3. APPLICANT'S REPRESENTATION:

In signing and accepting the License of Occupation attached hereto you represent and acknowledge to us that at the time of signing

(a) (i) you are a Canadian citizen or permanent resident (landed immigrant) and are of the full age of 19 years;

(ii) where the applicant is a corporation or society it is duly organized or continued under the laws of British Columbia having Incorporaton No. N / A ;

(b) statements contained in your application for the disposition are true;

(c) you have attended to inspect the Land and are fully aware of its condition;

(d) you have knowledge of all municipal and regional bylaws regulating the use and development of the Land.

4. NON MERGER:

The provisions of this agreement shall survive the execution and delivery of the License provided that in the event of any contradiction between such provisions and the terms and conditions of the License, the latter shall prevail. cq _ C I r Ll

() j , J) ·-·U .l

ENTERED OCT 261988

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Province of British Columbia '-- '::RTIFICATE OF INSURANCE

I HIS CERTIFICATE IS ISSUED TO

.Her MaJ~s:ty:theQyee~ i nth~~igh:toLCi\nada ..................................................................................

................................ AND CERTIFIES THAT POLICIES OF INSURANCE AS HEREIN DESCRIBED HAVE BEEN ISSUED TO THE INSURED(S) NAMED BELOW AND ARE IN FULL FORCE AND EFFECT.

NAME

Clarke Arthur & Ruth M. L. Simpkins INSURED

ADDRa7' 67Belmont Avenue, Vancouver, B. C. V6T lA8. PROV\DE DETAILS

Lot 11, D.L. 4551, N.W.D. Secret Cove, B.C. (Sunny Harbour Estates) -OPERATIONS

INSURED Leased waterfront

TYPE OF COMPANY AND POLICY NO. EXPIRY DATE

LIMIT OF LIABILITY/AMOUNT INSURANCE VR MO DAV

INCLUSIVE LIMIT $

I I

I f-- OR

COMPREHENSIVE BODILY INJURY: EACH PERSON $ ............................................... ...1

GENERAL LIABILITY EACH OCCURANCE $

PROPERTY DAMAGE: EACH OCCURANCE $

INCLUSIVE LIMIT $ f-- OR

AUTOMOBILE LIABILITY

BODILY INJURY: EACH PERSON $ (OWNED OR LEASED

EACH ACCIDENT $ VEHICLES)

PROPERTY DAMAGE: EACH ACCIDENT $

INCLUSIVE LlMIT $ f-- OR

AUTOMOBILE BODILY INJURY: EACH PERSON $ LIABILITY

(NON-OWNED EACH ACCIDENT $ VEHICLES)

PROPERTY DAMAGE: EACH ACCIDENT $

UMBRELLA LlMITS $ LIABILITY

$ EXCESS OF

CONTRACTOR'S $ EQUIPMENT

BUILDER'S SITE $ RISK OR

INSTALLATION OTHER LOCATION $ FlOATER

TRANSIT $

EMPLOYER'S EACH PERSON

LIABILITY EACH ACCIDENT $

DETAILS $ 1 !OOO,OOO .. OO Comprehensive Personal Li abi 1 ity Liability extended, OTHER

Policy through the 89 06 01 pertaining to Waterfront Chubb Insurance Co. of Canada only,to Her Majesty the Queen in the

These policies comply with the insurance requirements of the governing contract to perform work -for -tile Province of -British Columbia. It is understood and agreed that thirty (30) days' notice of any alteration, transfer, assignment or cancellation of any of the policies listed herein, either in part or in whole will be given by the insurers to the holder of this certificate.

SIGNED ON BEHALF-OFTFfE CONTRACTOR- DATE'

Insurer - Chubb Insurance Company of Canada. DATE November lOth, 1988

FORM RISK 02(87-03) 72670f1

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~ Province of

_J British Columbia A1);

Ministry of Crown Lands I L~gaiD~~criptio-~sc};d~Te I -

.£NSE No. --- ------ ---233771 I FILE No. 2403652


That part of District Lot 6354, :;roup 1, New ¢Jestminster District, shown outlined in red on plan below and containin3 87:).00 square ~netres, more or less.

L57d (2/83) M·341 M28·825

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FNR-2013-00150

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Clarke Simpkins and Ruth Simpkins

4767 Belmont Street Vancouver, B_C. V6T 1A8

Dear Sir and Madam:


Lands Operations Lower Mainland Region 210, 4240 Manor Street Burnaby, B.C. V5G 1B2 Telephone: (604) 660-5500 Rapicom: 660-5538

File: 2403652

Date: 89-01-03

Enclosed herewith is License No. 233771 covering

that part of District Lot 6354, Group 1, New Westminster District,

issued in your name, commencing October 31, 1988, containing 0.0870 hectares and issued for a period of ten (10) years for the purpose(s) of private moorage, at the rental of $600.00 for the term duly executed on behalf of the Regional Director.

We wish you every success with your new tenure. Please call if we can be of further assistance.

RM/ah

Encl.

Yours truly,

~. Rod Marining for Manager, Land Administration

cc: B.C. Assessment Authority, North Shore/Squamish Valley

Surveyor General Branch, Victoria Regional District, Sunshine Coast Provincial Collector, Sechelt

L.34(1)b ~NJEBED JAN 231989

FNR-2013-00150

APPLICATION/TENURE CHECKLIST

Purpose aS

Tenure Type U

lend Type Code 3

Appendix nAil

File NO.,;) J-/-0 3:, f:, 6 :::t. Sutpurpose . 0 h

Tenure Subtype .. _ 0 \

OIC Nurriber" _____ _

Area (Hectares) 0 . o?s fa Length (Km) ____ _

Water Type _____ _

Waterbody Name ____ _

Survey Required (Y/N) ______ _

Replaces S.U.P. (Y/N) ______ _ S.U.P. File No. ______ _

C.L.A. _____ _ C.L.A." Project _____ _ C.L.A. Subpurpose'--______ _

Cutting License (Y/N) _____ _ Security Ii D • 0 s::;

Conmencement Date 19Sii - J 0 - 3\

Expiry Date 19<]'if - 10 - .3 I Percent of Gross (Y/N) ______ _

Royalty (Y/N) ________ _

Purchase Option (Y/N) _____ _

Policy q Next Review } 993 - 10- 3 \

Review Reason: 01 Rental 05 Purchase Price 09 COllat.Agree ___ _ 02 Insurance 06 Other Permits 10 Security 03 Dev/Mgt/Plan ,/ 07 Royalty Rate 11 Expiry 04 Survey Requir. 08 Envir. Concerns 12 Misc.

Phase-in Form..tla (AIM) _______ _

Phase-in Year ________ _ Phase-in Tenn ~--------

Zonal Value --------Fixed Rent Amount '-------- Revenue Code ~

Ult:i.mate Rent Old Rent

Current Rent Rent Start Date / 9'i?i? -/0 - 3, I

Prepaid Amount Q&,oo

Royalty Rate and Unit ---EtiIEBED JAN 24: 1989 Year of Lease

Percent of Gross -------Year of Developnent'--___ _ Benefits (ha) _______ _

An:i.mal Unit Months, _____ _ Benefits ($) _______ _

Existing Tenures to be Blue Sheeted:

File No. ----- Date'--_____ _

File No. ________ _ Date'--_____ __

Note/Reminders: _____________________________________ _

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As Of: 97/12/30 07:58:07 BC Online: LAND TITLES - TITLE DISPLAY Lterm: XTSA0199 For: PF28123 CRL-POSITIONAL ID Folio: Printer:

TRANSFERS: NONE

PENDING APPLICATIONS: NONE

*** CURRENT INFORMATION ONLY - NO CANCELLED INFORMATION SHOWN ***

LTO: V VANCOUVER TRX: QT M: D *** LAST PAGE KEY: 454795 PF1-Help PF3-Return

Date: 12/30/97 Time: 08:12:42 AM

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I I

Page: 1 Document Name: online

As Of: 97/12/30 07:58:07 BC Online: LAND TITLES - TITLE DISPLAY Lterm: XTSA0199 For: PF28123 'CRL-POSITIONAL ID Folio: Printer:

NATURE OF CHARGE CHARGE NUMBER DATE

RIGHT OF WAY

TIME

504371M 1970-02-19 13:48 REGISTERED OWNER OF CHARGE:

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY 504371M

97/12/ 08:12: SULP01

"CAUTION - CHARGES MAY NOT APPEAR IN ORDER OF PRIORITY. SEE SECTION 28, L.T.A

DUPLICATE INDEFEASIBLE TITLE: NONE OUTSTANDING

LTO: V VANCOUVER TRX: QT M: D *** KEY: 454795 PF1-Help

ADDITIONAL PAGE(S) EXIST

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Date: 12/30/97 Time: 08:12:40 AM

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TAXATION AUTHORITY: NORTH SHORE - SQUAMISH VALLEY ASSESSMENT AREA

DESCRIPTION OF LAND: PARCEL IDENTIFIER: 011-466-111 DISTRICT LOT 4551 GROUP 1 NEW WESTMINSTER DISTRICT

LEGAL NOTATIONS:

HERETO IS ANNEXED EASEMENT C76468 OVER PART OF BLOCK A IN EXPLANATORY PLAN 12817, DISTRICT LOT 4550

CHARGES, LIENS AND INTERESTS:

LTO: V VANCOUVER TRX: QT M: D *** KEY: 454795 PF1-Help


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Date: 12/30/97 Time: 08:12:38 AM

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SECTION 172 LAND TITLE ACT

VANCOUVER LAND TITLE OFFICE DECLARED VALUE N/A

TITLE NO: 454795 FROM TITLE NO: 335597

APPLICATION FOR REGISTRATION RECEIVED ON: 31 MAY, 1962 ENTERED: 11 JUNE, 1962

REGISTERED OWNER IN FEE SIMPLE: SUNNY HARBOUR ESTATES LTD.' 1030 WEST GEORGIA STREET VANCOUVER, B.C.

LTO: V VANCOUVER TRX: QT M: D *** KEY: 454795 PFI-Help



Date: 12/30/97 Time: 08:16:37 AM

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Page: 1 Document Name: .,_ .)nline

As Of: DEC 17, 1997 Lterm: XTSA0199 Folio:

BC Online: COMPANIES - CORPORATION SEARCH For: PF28123 MINISTRY OF ENVIRONMENT, LANDS

Printer:

Director: Y Officer: Y Dir/Off Name: DEREK SIMPKINS

Position: PRESIDENT Address:

Director: Y Officer: N Dir/Off Name: DAVID SULLIVAN

Position: Address:

CS74 - NO MORE INFORMATION TO DISPLAY PF1-Help PF2-BCOL PF3-Return PF7-Back

Date: 12/30/97 Time: 08:20:45 AM

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Printer:

Director: Y Officer: Y Dir/Off Name: JOAN FOSTER

position: SECRETARY/TREASURER Address:

Director: Y Officer: N Dir/Off Name: HUGH JOHNSTONE

Position: Address:

CS73 - PRESS ENTER FOR MORE INFORMATION PFI-Help , PF2-BCOL PF3-Return PF7-Back PF8-Forward

Date: 12/30/97 Time: 08:20:44 AM

97/12/ 08:20: SULPOI

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Printer:

Director: N Officer: Y Dir/Off Name: IVAN DE WEST

Position: PRESIDENT Address:

Director: Dir/Off Name:

Position: Address:

Y Officer: N VAN DE WEST

CS73 - PRESS ENTER FOR MORE INFORMATION PF1-Help PF2-BCOL PF3-Return PF7-Back PF8-Forward

Date: 12/30/97 Time: 08:20:43 AM

97/12/ 08:20: SULP01

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--------------------------


Printer: BC COMPANY

Name: SUNNY HARBOUR ESTATES LTD.

97/12/ 08:20: SULPOI

Incorporation No: 0051587 Incorporation Date: 06 OCT., 1

Last Annual Report Date: 06 OCT., 1996

In Liq: NO Receiver: NO Reporting: NO

Registered Office: 1460 HOWE STREET VANCOUVER, B.C. V6Z lR8

Records Office: 1460 HOWE STREET VANCOUVER, B.C. V6Z lR8

Nbr of Principals:

CS73 - PRESS ENTER FOR MORE INFORMATION PFI-Help PF2-BCOL PF3-Return PF7-Back PF8-Forward

Date: 12/30/97 Time: 08:20:36 AM

6

PFI0-Pr

FNR-2013-00150

To: Ministry of Environment, Lands and Parks Lands Section 10470 152 Street Surrey, BC V3R0R3

Re: License No. 233771

File: 2403652

If you do not wish to apply for a replacement tenure, please sign below and return this portion of the letter to the address noted above.

CLARKE SIMPKINS (Date)

RUTH SlMPKINS (Date)

FNR-2013-00150

2

Our records show that Sunny Harbour Estates Ltd. is the owner of District Lot 4511, the adjacent upland. Please provide appropriate documentation to show that you have the consent of the upland owner for your private moorage.

Additional documentation may be required depending on the material provided. If you have any questions regarding this information, please contact me at 582-5394.

Yours truly,

Sharon Wilson per: Application Committee

FNR-2013-00150

• BRITISH COLUMBIA

January 14, 1998

Clarke & Ruth Simpkins 4767 Belmont Street VANCOUVER BC V6T IA8

Dear SirlMadarn :

Re: License No. 233771

Our File: 2403652

Your tenure agreement described above will expire effective October 31, 1998.

If you wish to apply for a replacement tenure, please submit the following to our office within 90 days from the date of this letter:

1. A completed Application for Crown Land Form, enclosed.

2. A non-refundable application fee of $53.50 ($50.00 plus $3.50 GST) in the form of a cheque or money order made payable to the Minister of Finance and Corporate Relations.

3. Please provide a current site plan, including a top view, drawn to scale with a north . arrow, identifying the location of all improvements in relation to the boundaries of the tenure area and other legal boundaries. The plan should also include an elevation sketch which shows a side view of all the improvements. Please identify the location of all pilings, dolphins, floats, ramps, anchors, boathouses and the low and high water marks.

4. Photographs that provide a panoramic view of the license area.


Environment and Lands Lower Mainland Region

Mailing/Location Address: 10470 152 Street SURREY Be V3R OY3

Telephone: (604) 582-5200 FaCSimile: (604) 930-7119

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Page: 1 Document Name: Be ~l=-l=' :.:n:.::e~ ___________ _

As Of: 98/03/30 14:25:24 BC Online: LAND TITLES - TITLE DISPLAY Lterm: XTSA4612 For: SC62179 DIXON, GORDON Folio: Printer:

TRANSFERS: NONE


CORRECTIONS:

98/03/ 14:25: SULP01

L0001 PARCEL TEXT: 011-466-111 1995-03-29 15:33 PREVIOUS TEXT: NONE

LTO: V VANCOUVER TRX: QT M: E *** LAST PAGE KEY: 454795 PF1-Help PF3-Return

Date: 3/30/98 Time: 02:25:39 PM

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Page: 1 Document Name: Be _l=i;::n:::e ______________ _


NATURE OF CHARGE CHARGE NUMBER DATE

RIGHT OF WAY

TIME

504371M 1970-02-19 13:48 REGISTERED OWNER OF CHARGE:

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY 504371M

98/03/ 14:25: SULP01

"CAUTION - CHARGES MAY NOT APPEAR IN ORDER OF PRIORITY. SEE SECTION 28, L.T.A


LTO: V VANCOUVER TRX: QT M: E *** KEY: 454795 PF1-Help



Date: 3/30/98 Time: 02:25:38 PM

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LEGAL NOTATIONS:


CHARGES, LIENS AND INTERESTS:

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Date: 3/30/98 Time: 02:25:36 PM

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SECTION 172 LAND TITLE ACT

VANCOUVER LAND TITLE OFFICE DECLARED VALUE N/A

TITLE NO: 454795 FROM TITLE NO: 335597


REGISTERED OWNER IN FEE SIMPLE: SUNNY HARBOUR ESTATES LTD. 1030 WEST GEORGIA STREET VANCOUVER, B.C.

LTO: V VANCOUVER TRX: QT M: E *** KEY: 454795 PFI-Help



Date: 3/30/98 Time: 02:25:32 PM

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CROWN LAND STATUS File No.:2YO.36S2..

MINISTRY OF ENVIRONMENT. Date: 90 ... 03- .::0 . LANDS AND PARKS

Region No.: ......... Z ..

Applicant: C. *R .:SiMPKiNS

Purpose: PB\\JATE ... IYlCCJ3J:::.6E .. Application entered by: .

PIN:OOJ4-Z9090

PIN: .

PIN:

PIN:

PIN:

PIN:

Reverted:

PID No.:

Yes 0 NO~SCriPtion of Reversion:

-

MAP CLEARANCE Description: ... . ............................................. .

Date:

pg260S1~1 ... 3

Amended by:

Date: .

.. THA;LB~BTC'FDI5LgICLLOT~T ... ......................... GP.OUplTNE\t~~I\;"N5L-:EBDiSLBlCT ... .

Area:Bn,Qr:riz.:!~ Plan: ..

Location:~T.CO\JE

Name Code

Assessment Area N.~ ... $QJA ...... 06 \{ANCCL\\.JEf<. 6 Land Title Office

Regional District

Municipality

Electoral District

::u~,NE,(~L . 2£> ..

EBNffi:::Q. C5T. Provincial Forest. · .... ··········· .. ··· .. ·· .. ""··\C·; .. ·

u.Li I,·

Yes 0 No 0 Date:

Within Indian Rese

Yes 0 No 0

Yes 0 No 0 -Partial:

Upland parcel fronts on . . .......................................................... (body of water)

Foreshore parcel adjoins:D.L.Y5SL~.Ej .. (upland)

ClOssed 5, .... NV.\lD. .. ": ................... ~ ................ (ri.:' er eTeele)

Crossed by/Adjoins': Railway

Crossed by/Adjoins - Other R/W

Crossed by/Adjoins - HighwaylRoad .

---

OTHER CONFLItTS AND REMARKS

..... G· Oleb'J2eJ

L ~l IR 9(93) M2B·2179

TubefIl.-ay: .

REFERENCE MAP MATERIA FORwARDED TO SURVEYOR GENJ;. FOR:

........................... DATE:

o DOCUMENT PRINT

BY: ........................... DATE:

DISPosmON BY ornER AGENCIES

Mineralized Area Mineral Claim Staking..../" Mineral Claim Surveyed Designated Placer Area

Placer Minin~Leas ......... . Coal Licence .. . ............... . Timber Sale .............. .

icence .ss Tree Permit

., ber Berth

Special Timber Licence ..... Pulp Lease Petroleum and Natural Gas Act {lange Act

E & N Land Grant Other (specify)

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Province of British Columbia Ministry of Environment, Lands and Parks

- residential

05 Residential

05-06 Private

3,7,0300 Private Facilities

Yes 181 No 0

Yes 181 No 0

New Westminster Dis!'

007429090

Base Requirements:

$ 0,00

qf!oi!(b r

Of!- -~ ~,

LI License

nD" ~ 0 lone it! K £_ ,;J;)O

2403652

233771

SECRET COVE

0,09 ha

R092G051

$600.00

April 8, 1998

FNR-2013-00150

I~' "

Province of British Columbia File No: 2403652 Ministry of Environment, Lands and Parks

I. The purpose is for private moorage 2. The term is for 10 years 3. The rent is $ 600.00 4. Liability should remain at $ 1,000,000.00 5. No security deposit required 6. Letter of consent from Sunny Harbour Estates should be a condition ofthe offer 7. The applicant pavs the replacement application fee. - J'.' d

Title search on file, completed on March 30, 1998, indicates that the adjacent upland property is owned by Sunny Harbour Estates. A letter of consent from the upland owner is required.

No concerns have been raised the installation.

According to the policy, tenures exceeding 600 square metres (0.06 ha) are charged of $1.00 per square metre for the area in excess of the first 600 square metres to a maximum of $600.00. The area in excess of600 square metres is 270 (870 m2 - 600 m2~ 270 m2), which exceeds the maximum amount of$200.00. The rental fee for this licence is $600.00.

/lL£? ). . all "", , I c::- [V"c.o - e ~ 0.?C: bL'c \'('

E. D. Eldridge - Land Officer ,j

page: 2 April 8, 1998

FNR-2013-00150

--------------~--------:-----~-----~--------~--

i

\ \.

MICHAEL C. SIMPKINS 527

~ .

. ~

t~ 11""if)

Ri

FNR-2013-00150

s.22

s.22

s.22

APT. NO.

r" ~l'-:- -. -.,:::;_,

C· BRITISH'

OLUMBIA

OR SOCIETY NAME

S2T ADDRESS:

<?V"L

u. ~'~~':f_~:~-~n'~:_~~ ~OO18


i?R //..". '-"V€ /:i'" <?

l)

APPLICATION FOR CROWN ;,~,-LAND & ""'"' ATTn. Tn" T ATT r"n

LandAIO(

COMMON

IJ!>

~k

"1; iOST OFFICE BOX NUMB~R

ClTyrrpWN .. T .<V'.(:U· I/~-, ~ c I PROVINCE&. C . POST"t?7EVJ/ E?

HOME PHONE BUS. PHONE ~~ NUMBER ._ _} COMPANY OR SOCIETY INCORPORATION NUMBER: NON-REFUNDABLE APPLICATION FEE ENCLOSED

- . . YES [!)/No 0 AGE:~OVER CANA~ITIZEN

I LOCATION OF CROWN

D3~ ,/, C\/'v ,,,;-,0 /r/,' ''',' [6.· ••. ,'.. ,.i,_ A AREA IN HECTARES i:) ( D g'"/' C _ V.

LAND ~ I /??o ::':Y, ~~-"

LEGAL OR BOUNDARY DESCRIPTION.

A) IF SURVEYED, GIVE LEGAL DESCRIPTION: ______ _'__ ___ ~ __ _'__ ___ ~ ________ _'___

B) IF UNSURVEYED, PLEASE SEE REVERSE FOR STAKING INSTRUCTIONS AND PROVIDE A DESCRIPTION OF BOUNDARIES:

COMMENCINGATAPOSTPLANTED ____________________ ~~~~~--'-------__



... PATE LAND STAKED: __ ~ _______ _ PLEASE ATTAGH A MAP OR SKETCH SHOWING THE AREA


\'

I ANY OTHER CROWN LAND HELD:~J~itei.lCANT: YES D NO [3"" - '--, IFYES,STATE1l'PEANDTENURENUMBER:

I hereby certify that ull information gh:erdn-'Ihis uppljd~ti()n for Cmwn land and Stilking Nmicc is l.!"UC amI C(lrreCI and thall,urn an authori;ed aie'~,{",siiibltl\l~:(i.rcompany) AppH"""'g,,,,re(,) // ~.~ r(, -< .. " --' <:2--;<-?" .. ·~,~-:-~-"":,>~~?c;'j:/; SignaluJ/7-"'~'"'-~- :..&-.- ' ,- - '- ' Dale:,4~"h.':'/~/ / ~7,? ;P ,/ //.,'- . ' . ., f' .' ". . / Information contained in thii~'P'~ication is public. Plcasc sec rcverse for FrcOO(lm of inl~lrmalj()n and Protccti(ln'~r Privacy legislation r

~~:N~:~~ ~'~!t~~~~; )~9 TAS CODING: ,-,-;, CLA PROJECT #

FRONT COUNTER COpy ope 4260

,i{iI

ii>'

FNR-2013-00150

s.22 s.22

s.22 s.22

--------------------'--

1!.Jt",HRlTISH ' ~ COLUMBIA Ministry of Environment,

Lands and Parks

. APPLICATION FOR CROWN LAND & STAKING NOTICE UindAct

NAME(S} OF INDIVIDUALS (PLEASE PRINT IN FULL)

;: c .t',,- c..,

COMPANY OR SOCIETY NAME

APT. NO. S1REET ~DP:;RyS: 6"- //.. ,_ ' -, 2- 5'" . '2., ,-", '"" 1./ U ,""

C,ITYITPWN •. ' ,/ V k/ 'i<.l .•.. , v, C

/{/ / /Yf,c-s:..-'fo....

ITv"c I PROVINCE 8_C'

" .' '.

'""" .. " ........ POST OFACE BOX NUMBER _ .. '. '~"'" '>;'"

,

POSTt5'!7E V I £ .?

HOME PHONE BUS, PHONE ~AX NUMBER ~~<\_j COMPANY OR SOCIETY INCORPORATION NUMBER: NON-REfUNDABLE APPLICATION FEE ENCLOSED

YES~OD AGE:~OVER CANA~lTIZEN

I LOCATION OF CROWN );.. e;::S-r '7 kOvp i M vvWe,1;,,~jey j):

AREA IN-HECTARES 0; 08'70 J7!~ LAND ,,? ~? "..."r cO. ~4'

LEGAL OR BOUNDARY DESCRIPTION.

A) IF SURVEYED. GIVE LEGAL DESCRIPTION. ___________________ -'-_______ _

BlIF UNSURVEYED. PLEASE SEE REVERSE FOR STAKING INSTRUCTIONS AND PROVIDE A DESCRIPTION OF BOUNDARIES.

COMMENCING ATA POST PLANTED ______________________________________ __



DATELAND STAKED. __________ __ PLEASE ATTACH A MAP OR SKETCH SHOWING THE AREA


ANY OTHER CROWN LAND HELD BY APPLICANT:

YES 0 NOB" IF YES, STATE TYPE AND TENURE NUMBER: ,

,- ' ,,/'" '. ~

I hereby certify that all information givenln this appli6tion for Cwwn land and Staking Notice is true-and correct and tha~zeu agent,- signatory (if cumpany) / /~,Q .

AppIi"~",;g,,W"(') // V P . '~;;6 6 S;g,",~ : /. ~~'.- D'"'~'! (I R Information c()nlnjn~pali()n is public. Plea~e sec reverse for Frecdtlm of Information and Protection/of Privacy legislation.

FOR OFFICE US98!';J~Y-. / _,_ /\ FILE NUMBER: 0/ '-tv c')O,)~ ... TASCODING: CLA PROJECT #

FILE COpy ORIGINAL OPC4260

FNR-2013-00150

s.22 s.22

s.22 s.22

a

BEFOREIvi'AKINCj,AN.·l\!PRLrcATJ'ONiFOR CROWN LAND, PLEASE READ THE FOLLOWING.INSTRUCTIONS:

"' .. " ;:-~- '/::. )/:.,' >~ :"'.', -', >', ;;,-: '-, .: , STAKING'OfUNSURVEYEDCROWNLAr<D:

',.--> .\,~; '" :·:-c_-~

",c-" "", -,,;{>,-

o,~··

Whe~~ "tile la,l]dc is uhsur\'e)led or is vurt of a surveyed parcel,- an applicant is required to identify the land by the, process of -siaking:" ,-- .. -~ .. --.. -.~-. --... - ... ------~-. .-..... . -.... ~.-....... - .... -..

-St-aki-ng .is-dO-ne-b'f attaching'.lhe ·hard .G"oPYcQ£ th1S -f,,)m1-to~a ':post;-at-~least -a--IT:letrilii-",i-h abovi.tlle~ground::A:!rmi-~dtxe(i--in-the: ground at one corner of the land.

An application for Crown: land must then be filed within 30 days of staking at a Be Lands regiomi1 office": t";c- ,(,':

-N6TE:~tHEREtSNOR!GHtWFfATS(jEVERAcQUrRED TO ANY CROWN LAND BY-REASO'N (lP:-= ·"STAK!NG.:THE 1:;A:ND-----··· ' .- .. - ... -:............::- .. --.... -_ .. - .--.-~.~

PUBLISHING A NOTICE OF INTENT TO APPLY FOR CROWN LAND ... ~'. ." · _" _________________________________ , _ _ ---1 .• ,,-.. -----.-.- " .. _ .. __ ,_, __ . __ _ . __ .. __ . _________ ~ _______________ ~ _ ___'C_. _c _____________ ~,,~ _____ . __ _

· _ .~IL!~O_AN~tP~iC~II~~.~~~~O_WN_L~D·.· . : ~ ;

,-,',

DESCRIBINGSTAKEDLANP:

'--1-:-' __ :Th~~_-p()_i nt, _'0 f -cor1Iry-e-nccment, .[0 r -u nsurvcyed"parcel-s-,---sho u-l d-be -described --tn-ternu;--of--:a'i't-e:xis tfilg-s urv~y' :p-os:t:~h~,(-l8~_metres ",est of the SE corner of the parcel),or a readily identifiable geographic feature (eg: a proniinent point of land otTrftefs-e-ctT6-n--orlvTc'--rO'a-ifs}Tb "C'riable--acc-Uraun 5cati(Yifof1h-b-paYc-el.- -- ------ - ..... ',.. ..:. -- .. - -- _._ ... :- :._.- -_._-'"-".,

2, Boundary hnes of the staked area must be, as much as possible, astronomically true, HDrth; :SD.uth~, easLundwests_o that a rectangular lot is formed. J::-.-'/

3 _,_._W_h~n~_Jb_e.JQ!~_Qgn1P-htg-';flJ~tpres_Qf:JI.l~,,~lf~.9._4Q)l,pJ ~J1Q.Yv' __ fgL@fillng!llaLQ.9!JnQill"y_JjJJ.~.~_I1JIlni!1Ktr~~ _nQrth, __ ?Qtlth" .. e"a_~t and wes~,.tf:1en _b0':ll1d_ari~s._»,il1, b_e ,Relnj).~t~cl jn .qther. qjref~ion~ as JOI}g a~they' do .f!ot ~1)t~!~(pr.~. yv:}th_ ti}e _ord~~ly s!Jryey of othei-"~ii'rrou'rid'i'ng- t~rl"'ci.· -' i."_ "::;,:,;- -' ". ~-,-- ",' .-, j:-: ',,>~.-:, -'- ,," ,,:, ; j'-,':: ,-:." ,--,"J,i_-;-' :', ;,<' ::> ',--~' .:.:.': ,~','::;; ~:,::--- -,~:,~ ": ,:-" .. ; -.:. - ',- :'./' -

, \,' " '--~ ~ 4. The side lines for small parcels fronting on lakes, rivers, tidal waters and on certain surveyed highways shaH, where

"-"-lSbssib-le~ be fYaraIletT6 -elt'cnbtnerahd p'e'I'pe'ffo:tcurat-l(nhe-genera:J-ttelrd-offlie"'fe:atiiYe~:rofn:vtridr th-e--stlrs:11-p-ai"cel .fronts,. _ " ________________________________________ . _____ . ______ ,,"._ .. " ...... _, ________ ~ __________ _

5. -- --The--:~idelifles-f()"tT!nsUfVeye'd 'fore'stibt"'e -snall-:-as-~rge-neral--rTlle--;-b(n:;rid-out-at'TighrahgleS''Ttnht)"-gt:mernl-rremr-nfthe shore.'This Inay-be v_arie.d_-to So.i1;;sped~1L~Qndjt~Qns~ but encr0achme1).~ ofl_"jh~ JOl~_$h9r~ fronting -acij'Oipjllg Ign.d.$ . .§hal1

, .. b_e.,?'(?ided. T~e _ outside or ,w(~t~r\V,al:d 90unda~ys:,hall be ~"straj~hpine or, series of straight linesjpiping the outer e::~_qs .' artha side·boumtar!"s. On naITC)\V b6diesofwater'theoutside b6unilarphall notnormally extend beyond the near edge of the navigabJe.channeL "c. "'"

1 hectare = 2,471 acres .... ~ .... _., ........ ~ .... ~ ..... .1.metre=.3.2&J feet._ .... . 100 metres x lOO metres = 10.000 square metres{){ft~'ti~te :\:' >:.

o • .-_ •• _ .. _. __

....i- ________________________ :....- __ .....:.-~.::..::.:.:J.:::s.:::.:::.::.:..-~--..;.:;,.;;.-'--.:~"-.:.;.::,,;;.:,:..-.:.::....:.~

,J: "'.".'

Personal information is collected by Be Lands pursu:\nl-t6the Lah-d Act for 'the purpose of administeritig_Crown_Jand., Information on {"our, ~ppHc~tjon,

and jf approved" subsequent tenure wilLbe90me a part,ott"he Crown-Land Registry, which is routinely made rivail~tile t~,t11e-pul)1,ic-_unde~ ;'i1~'-c,;~ed-o;~" of

· informntion (FOJ) Jegliiil.'ii;5ii rrY'oli-Eu\le'mly-(j'iiesticlrls-iio0ut

regional ofi"ice.

""-.~'

c~riJC'tid~ of infonr")u(f6n,"--plense co~-t~cfti1tFo-i-:~:a,jj-se/ti"-you/i~~arB'CL~rir)d:~-

FNR-2013-00150

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FNR-2013-00150

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,

FNR-2013-00150

Page: 1 Document Name: Lc. s --------------------------

(CONFIDENTIAL) Client Name File Number Expiry

--------------- Account Inquiry SIMPKINS

-------------------- TASSA33 LICENCE

Review CLA Project Interest to

2403652 98/10/31 98/10/31

98/04/20

Security Act : Pend: Blkt:

Prepaid Rent :

Ten Stat : ACTIVE .00 Princ Due: . 0 .00 Other Due: .0

Int Due .0 600.00 GST Due .0

============================================================================== Date Reference Revenue Code Charge Payment Balance

87/12/07 5773 /20015358 C611211 25.00 25.00 87/12/07 5773 /20015358 PAYMENT 25.00 .00 88/11/22 6202 /20018919 C6022 600.00 600.00 88/11/22 6202 /20018919 C612212 150.00 750.00 88/11/22 6202 /20018919 PAYMENT 750.00 .00 PFl RECALC PF2 ....... PF3 ....... PF4 NOTES PF5 TENURE PF6 REVERSE PF7 BACK PF8 DEFINE PF9 HELP PFI0 FORWARD PFll EXIT PF12 PREV

Date: 4/20/98 Time: 03:36:48 PM

FNR-2013-00150

It~Jo BRITISH ~ COLUMBIA .$*"''''

Ministry of Environment, FEE SCHEDULE Lands and Pa rks

License No. File No. 2403652

THE FEE FOR THE TERM is the sum of $600.00, the receipt and sufficiency of which is acknowledged.

L58B Rev 2 Page 1 of 1

FNR-2013-00150

---------- ---- --------------------------------_._------

\t: BRITISH ~-9 COLUMBIA

Ministry of I . . I Environment, .S .. P .... E ..... C ... IAL PROVISO SCHEDULE Lands and Parks


For the purpose of this License

"Private Moorage Facility" means a single dock, wharf, or pier (including walkway ramp) or combinati.on thereof, used for personal·, non-commercial moorage use.

1. The Licensee shall not:

(a) anchor or secure any buildings, structures or improvements on the Land except as provided for in this License, without the prior written consent of the Owner;

(b) moor or secure any boat or structu re to the Private Moorage Facil ity or on any part of the Land fQr use as a live-aboard facility, whether permanent or temporary;

(c) interrupt or divert the movement of water or of beach material by water along the shoreline without the prior written consent of the Owner;

(d) interrupt the full free right of the public to pass and repass, on foot, over the foreshore and across the Private Moorage Facility should it obstruct public passage over the foreshore.

(e) use construction materials containing toxic substances, except· in marine waters where use of preservative treated wood may be necessary;

(f) store petroleum products or other toxic substances on the Land;

(g) contravene the provisions of the Federal Fisheries Act or the Provincial Fisheries Act;

(h) use mechanized equipment other than a pile-driver during the construction, operation or maintenance of improvements on the Land.

2. ADDITIONAL PROVISOS

(a) There are no Additional Provisos.

L54Q Rev 2 Page 1 of 1

FNR-2013-00150

l'

dt, BRITISH ~ COLUMBIA

Ministry of Environment, Lands ilnd Parks Legal Description Schedule



That part of District Lot 6354, Group 1, New Westminster District, shown outlined on sketch below, containing 870.0 square metres, more or less.

2. Sketch Plan

""~ I~

. ~,~ \ "3 '~. "T 7

""~. '(. ' ' , --', ,

~

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» ,

, \ ' :-0- ' .

" ~J ... , l ' .,' : ~ , <"Z,"<:";l _"'""'" , ..... 6' (\I It) 1 ... ___ _

~ r '~.s 30m! ) _

-.. '6'36 A., ~ .v

~

" , ;. .x- . ''il>.\~

\

~ j '''Ir L.6354\~\.1. '\..; , "'e. . 1_

" ~. \>: '(.").. " ~ '\ ',"; ,. ,

... ,; 'KCM OFFICltli PLAN .':+,Z-::r. 5 ...

C" C)

Scale: 'linch - 3 Chains: L

, , ,

~

" , , , , ,\ ~-,\.

~"---~It , ,,/;,.

'Yl' / ·i

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L.6172

LI_LEGAL REV 1 . Page 1 of 1

FNR-2013-00150


·.r •• ·•· ••• t •• ·•·•·•••· ••• ·•·• •• ·.··t •• •· •• • •• · •• A#.~~~lIi.EmMjff!t~t!l.'Ulmmrm;r:.\:·n. rl (10.01) In this license, unless the context otherwise requires, the singular includes the

plural and the masculine includes the feminine gender and a corporation. (10.02) The captions and headings contained in this Ilc!"nse are for convenience only and

are not to be construed as defining or in any way limiting' the scope or intent of the provisions herein.

(10.03) Where in this license there is a reference to an enactment of the Province of British Columbia or of Canada, that reference shall include a reference to any subsequent enactment of like effect, and unless the context otherwise requires, all statutes referred to herein are enactments of the Province of British Columbia.

(10.04) If any section of this license or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts or sections, as the case may be, shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the,parties have executed this license as of the day and year first above written.

SIGNED on behalf of HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA by a duly authorized representative of the Minister of Environment, Lands and Parks in the presence of:

Witness

SIGNED by Michael Simpkins in the presence of:

Witness

SIGNED by Nicola Simpkins in the presence of:

Witness

L140 Rev 2

) ) ) ) ) ) )

) ) ) ) ) )

) ) ) ) ) )

For the Minister of Environment, Lands and Parks

Michael Simpkins

Nicola Simpkins

Page 6 of 6

FNR-2013-00150


(8.03) Notwithstanding section 8.01, any written notice to be served or given by the Owner to the Licensee under, this license shall be effectively given or served by posting the same in a conspicuous place on the Land.

I~i¢fXBM'lgajltMi¢&fulIl

(9.0l) No term, condition, covenant or other provIsion herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the Licensee requiring the consent or approval of the Owner,shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Licensee.

(9.02) No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

(9.03) This license is subject to: (a) all subsisting grants to or rights of any person made or acquired under the Coal

Act, Forest Act, Mineral Tenure Act, Petroleum and Natural Gas Act, Range Act, Water Act or Wildlife Act, or any extension or renewal of t~e same, whether or not the Licensee has actual notice of them;

(b) the exceptions and reservations of rights, interests, privileges and titles referred to in section 50 of the Land Act; AND

(c) any prior dispositions made pursuant to the Land Act.

(9.04) The Licensee acknowledges and ,agrees with the Owner that. (a) any interference with the rights of the Licensee under this license by virtue of

the exercise or operation of the rights, privileges or interests described in section 9.03 shall not constitute a breach of the Owner's obligations hereunder and the Licensee releases and discharges the Owner from and against any claim for loss or damage arising directly or indirectly out of any such interference;

(b) all costs and expenses, direct or indirect, that arise out of any interference by the Licensee with the rights, privileges and interests described in section 9.03 shall be borne solely by the Licensee;

(c) he shall not commence or maintain proceedings under section 65 of the Land Act in respect of any interference with his rights hereunder arising directly or indirectly out of the exercise or operation of the rights, privileges or interests described in section 9.03; AND

(d) all schedules attached to this license form an integral part of this license.

(9.05) This license shall not entitle the Licensee to exclusive possession of the Land, and the Owner may grant licenses to others to use the Land for any purpose other than that permitted herein, so long as the grant does not materially affect the exercise of the Licensee's rights hereunder. The question of whether a grant materially affects the exercise of the Licensee's rights hereunder shall be determined by the Owner in his sole discretion.

(9.06) The terms and provisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.



FNR-2013-00150


(a) the license hereby granted should be taken in execution or attachment by any person or the Licensee commits an act of ban kruptcy, becomes insolvent or is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, .

(b) The Owner discovers that the Licensee either in his application for this license or otherwise has, in the opinion of the Owner, misrepresented or withheld any fact material to the appl ication,

the Owner may on 90 days written notice to the Licensee, cancel this license and the rights herein granted.

(6.04) Thirty days after the expiration or cancellation of this license, any improvements or fixtures that remain unremoved from the Land shall be absolutely forfeited to and become the property of the Owner and the Owner may remove them from the Land and the Licensee shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

(6.05) The Licensee shall not be entitled to any compensation, whether for damages or otherwise, in respect of a cancellation of this license by the Owner under this Article.

[I; ••• ·.· ••• ·.·.?i ••• ·•·•· •••• · •.• ·; •••• ··.I ••• ~llil~N'ti@ ••• S~¢l:lH~Y:.· •••• • •. · ••••• · •·• •• ·I·.I.·· .•.. ·I·.··.···.··.·.·.·. • •.• ·1

(7.01) The security in the sum of $0.00 and all rights, privileges, benefits and interests accruing thereto delivered by the Licensee to the Owner (herein called the "Security") to guarantee the performance of the Licensee's obligations under this license shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed; provided, however, that the Owner may, in his sole discretion, waive the requirements of this subsection.

(7.02) In the event the Licensee should default in the performance of any of his obligations hereunder, it shall be lawful for the Owner, in his sole discretion, to sell, call in and convert the Secu rity, or any pa rt of it, and such Secu rity shall be deemed to have been absolutely forfeited to the Owner.

(7.03) The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this license.

(7.04) Notwithstanding secticin 7.01, the Owner may from time to time notify the Licensee that the amount of Secu rity del ivered by the Licensee to the Owner be changed and specify the amount of Security required by the Owner.

(7.05) The Licensee shall, within 60 days of receiving the notice referred to in section 7.04, cause the amount of Security delivered to the Owner to be changed to the amount specified in the notice and provide the Owner with written confirmation of the change.

llimmIH •· ... imm;mB~l¢yUlg[N~~¢¢. ··.m ••.• ·• ••. m.·· •• •·· ••.•• I.·.· •• IItml

(8.01) Where service of a notice or a document is required under this license, the notice or document shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner and the Licensee at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth .day after its deposit in a Canada Post office at any place in Canada.

(8.02) Either party may, by notice in writing to the other, specify another address for service of notices under this I icense and where another address is specified under this section, notices shall be mailed to that address in accordance with this Article.


FNR-2013-00150


Owner) against claims for personal injury, death, property damage or third party or 'public liability claims arising' from any accident or occurrence on the Land to an amount not less than $1,000,000.00 PROVIDED, however, that the Owner may, in his sole discretion, waive the requirements of this subsection on the delivery to the Owner of evidence that the Licensee is self insured;

(I) notwithstanding subsection (k) of section 4.01, the Owner may from time to time notify the Licensee that the amount of insurance posted by the Licensee pursuant to that subsection be changed and the Licensee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) of section 4.01 to be changed to the amount specified in the notice and deliver to the Owner written confi rmation of the change;

(m) not to interfere with the activities of any other person to enter on and use the Land under a prior or subsequent license granted by the Owner;


(0) not to dredge or displace beach materials on the Land without the prior written consent of the Owner;

(p) not to place any improvements on the Land or carryon any activity on the Land or on the surface of _the water covering the Land that may constitute an interference with the riparian rights of the owner or occupier of the land adjacent to the Land;


@#i\:;l~M!iA$$iiWi~ngHI


Am~R[-vtgP[1i.9~~lijtjQifpmn?,].m

(6.01) In the event that (a) the Owner requires the Land for his own use or in his sole discretion, considers

that it is in the public interest to cancel the rights herein granted, in whole or in part;

(b) the Licensee ceases to use the Land for the purposes permitted herein; (c) the Owner, in his sole discretion, considers that it is, no longer necessary for

the Licensee to use the Land for the purposes permitted herein; (d) the Licensee fails, in the opinion of the Owner, to make reasonable and diligent

use of the Land for the purposes permitted herein, and such failure shall continue for a period of 60 days next after the Owner gives written notice of the failure to the Licensee;

the Owner may on 90 days written notice to the Licensee, cancel this license and the rights herein granted, in whole or in part.

(6.02) In the event that the Licensee fails to observe or perform any of the covenants, agreements, provisions or conditions contained herein, and such failure continues for a period of 60 days next after the giving of written notice by the Owner to the Licensee of the nature of the failure, the Owner may cancel this license in accordance with the Land Act and, notwithstanding subsection (j) of section 4.01, any building, machinery, plant equipment, and apparatus and all other improvements to the Land shall become, at the discretion of the Owner, the property of the Owner.


Ll40 Rev 2 Page 3 of 6

FNR-2013-00150


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(3.01) The Licensee shall pay to the Owner, in advance, on the Commencement Date, the license fee as prescribed in the Fee Schedule attached.

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(4.01) The Licensee covenants with the Owner (a) to pay the license fee due at the address of the Owner first above written or

at such other place as the Owner may specify from time to time; (b) to pay and discharge when due all applicable taxes, levies, charges and

assessments now or hereafter assessed, levied or charged which relate to the Land or any improvements thereon (herein called "Realty Taxes") which the Licensee is liable to.pay;

(c) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their use and occupation; -

(d) not to commit or suffer any willful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon anything that may be or become a nuisance or annoyance to the owners or occupiers of adjoining land;

(e) to deliver to the Owner from time to time, upon demand, proof of insurance requi red to be maintained by the Licensee, receipts· or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the Licensee required to be observed by· the Licensee pursuant to this License;

(f) to indemnify and save the Owner harmless against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors arising out of

(i) any breach, violation or non-performance of any covenant, condition or agreement in this license by the Licensee,


and the Owner may add the amount of such losses, damages, costs and liabilities to the license fee and the amount so added shall be payable to the Owner immediately;

(g) to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner and to make clean and sanitary any portion of the Land or any improvement that the Owner may direct by notice in writing to the Licensee;

(h) to permit the Owner, or his authorized representative to enter upon the Land at any time to inspect the Land and any improvements thereon;

(i) to use and occupy the Land in accordance with the provisions of this license including those set forth in any Special Proviso Schedule;

(j) on the expiration or at the earlier cancellation of this license (i) to quit peaceably and deliver possession of the Land to the Owner,

(ii) to remove all buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land, from the Land, .

(iii) to restore the surface of the Land to the satisfaction of the Owner, and to the extent necessary, this covenant shall survive the expiration or cancellation of this license;

(k) to effect and keep in force during the term, insurance protecting the Owner and . the Licensee (without any rights of cross-claim or subrogation against the


FNR-2013-00150

'(~" BRITISH ~ COLUMBIA

Ministry of ,----- ----------------- -- -- --------_ .. _------- -- ----- ----------

Envi ronment, Lands and Parks

License - Aquatic Lands


BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, represented by the Minister of Environment, Lands and Parks, Parliament Buildings, Victoria, British Columbia


AND:

MICHAEL SIMPKINS, and NICOLA SIMPKINS as "Joint Tenants" 2842 Bellevue Ave West Vancouver, British Columbia V7V 1E8

(hereinafter called the "Licensee")

OF THE FIRST PART

OF THE SECOND PART

WITNESS THAT WHEREAS the Owner has agreed to grant to the Licensee a license over that parcel of land described in the attached schedule entitled Legal Description (hereinafter referred to as the" Land");

NOW THEREFORE in consideration of the fee to be paid by and the covenants of the Licensee, the parties agree as follows:

I( •• •·• ••• · ••••• · •• •·•• •• • .. · •• • .. · ••••• ·.·.r.iAil¢t~i.··;Gi.llH·&fEM¢h$¢ •••• • ••• •• ••• ••••••• •• • ••• ·.·.·.1EHIj

(1.01) The Owner, on the terms set forth herein, hereby grants to the Licensee a license to enter on the Land for the pu rpose of constructing, operating and maintaining a Private Moorage Facility.

!I ••••• ·• •• •••••••• · •••• • •••••• ·r.· ... ·.·.t· ••• · •• ·· •• · .. IAffi#.lMOOOOq.LtlwMilll:1~m;· ••• ·.·.·.·.·.·.····}I .. · .. n· •• · •• · •••• ·•· .•••• · ••.•• 1

(2.01) The duration of this license and the rights herein granted shall be for a term of 10 years commencing on the 31st day of October, 1998 (hereinafter called the "Commencement Date") unless cancelled in accordance with the terms hereof.


FNR-2013-00150

AGREEMENT TO FURTHER TERMS

By accepting this offer, you agree that:

(a) This offer cannot be transferred to another person; (b) This offer and the License does not guarantee that:

(i) the Land is suitable for the approved use, (ii) it can be built on, (iii) there is access to it, and (iv) it is not susceptible to flooding or erosion;

(c) This offer shall survive the signing and issuance of the License provided that in the event of any contradiction between the

. terms of the offer and the License, the License shall prevail; (d) In accordance with the provisions of the Land Act, this offer is not

binding upon the Crown until the License is signed by the Crown; (e) Time is of the essence in this offer.

By accepting this offer, you confirm that:

(a)

(b)

(c)

You (or your .authorized representative) have inspected the Land and are fully aware of 'its condition; You have knowledge of all municipal and regional bylaws regulating the use and development of the Land; You are a Canadian citizen or permanent resident of Canada and are 19 years of age or older.

FREEDOM OF INFORMATION

Personal information is collected by .the Ministry of Environment, Lands and Parks pursuant to the Land Act for the purpose of administering Crown land. Information on your application, and if approved, subsequent tenure will become a part of the Crown Land Registry, which is routinely made available to the publ ic under freedom of information legislation.

If you have any questions, please contact Carol Johnson at 582-5384.

You rs sincerely,

DcigillaJ Signed I): ilE.SII8lIII

Authorized Representative

L70 Rev 8 . Page 3 of3

FNR-2013-00150

1. FEES PAYABLE

You need to pay the following fees:

Li cense Fee .................................... $ Documentation Fee .............................. $ GST (7% X $750.00) ............................. $

600.00 *T 150.00 *T

52.50

TOTAL ..................... $ 802.50 ======

*T denotes GST payable.

Please make your cheque or money order payable to the Minister of Finance and Corporate Relations.

2. LIABILITY INSURANCE

You need to obtai(l" a comprehensive general liability insurance policy with a limit of $1,000,000.00 per occurrence. Evidence of this insurance must be submitted to our office upon request.

3. APPROVALS/CONSENTS/PERMITS

You need to obtain and submit to our office the following:

~ lbooO"

The written consent from Sunny Harbour Estates Ltd. as upland owner, indicating the term of consent and purpose for which it is given.

Please note, the term of the license will be adjusted to reflect the term of riparian consent.

4. SIGNING OF DOCUMENTS

Please sign all of the License documents in the spaces provided on the signature page, have your signature(s) witnessed, and RETURN ALL COPIES TO THIS OFFICE. An originally executed copy will be sent back to you. The witness to your signature can be any adult other than a person who is signing as a party to the agreement or a member of that person's family.

REMI NDER: This offer expi res if you do not satisfy the above preconditions by July 6, 1998.


FNR-2013-00150

LOWER MAINLAND REGION

,,+k, BRITISH ~ COLUMBIA


Environment & Lands Regions Division 10470 152 street Surrey, Be V3R DR3 Telephone: (604) 582-5200 Facsimile: (604) 930-7119

GST Registration No. RI07864738

Your contact is: Carol Johnson Examiner 582-5384

File: 2403652

May 4, ·1998 i/I.L

<:" ;T':"{ 1 E.,:.. j '~ ~ 1 \ _

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\ Michael Simpkins Nicola Simpkins 2842 Bellevue Ave

-------------- -- - --- - ----------- -------

OFFER OF LICENSE·

West Vancouver, British Columbia V7V 1E8

Dear Michael & Nic91a Simpkins:

SS(\f:C8S

P-,ccts.

P;S2.S8 ini:l&! as entry m2de

We are pleased to offer you a License over that part of District Lot 6354, Group 1, New Westminster District, containing 870.0 square metres, more or less (the "Land") for the purpose of constructing, operating and maintaining a Private Moorage Facility.

This is to replace Licence No. 233771, which will expire effective October 31, 1998.

PRECONDITIONS

You can accept this offer by satisfying the following preconditions by July 6, 1998:

. I i


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FNR-2013-00150


Michael Simpkins Nicola Simpkins 2842 Bellevue Avenue West Vancouver, BC V7V IE8

Dear Michael & Nicola Simpkins:

File: 2403652

Date: 98-07-08

On May 4, 1998 the Ministry offered you a license over that part of District Lot 6354, Group 1, New Westminster District, for the private moorage purposes.

Please ensure all requirements of the Offer of License noted above are delivered to our office within 30 days from the date of this letter.

Yours truly,

~~ Carol Johnson Examiner

CJ



Mailing/Location Address: 10470152 Street SURREY Be V3R OY3

:J.J.:::£ "J -0'1 Telephone: (604) 582-5200 Facsimile: (604) 930-7119

FNR-2013-00150

~~ • .. c· BRITISH

COLUMBIA

o G-Ic\V 21 1998 ?fl!en. er ,

Michael Simpkins Nicola Simpkins 2842 Bellevue Avenue West Vancouver, BC V7V lE8


Re: Offer of License dated May 4, 1998

Our File: 2403652

On May 4, 1998 the Ministry offered you a license over that part of District Lot 6354, Group 1, New Westminster District, for private moorage purposes. By letter dated July 8, 1998 the Ministry advised you that all requirements of the offer of license were to be delivered to our office within 30 days from the date of the letter. These requirements have not been received to date.

In view of the above, your application has been reconsidered and disallowed for your failure to comply with the requirements of the Offer of License dated May 4, 1998.

License No. 233771 will expire effective October 31, 1998. Within 30 days from the date of expiry all improvements must be removed and the land left in a safe, clean and sanitary condition.

Yours truly,

q-Charles Littledale Section Head Land Management

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Mailing/Location Address: 10470152 Street SURREY Be V3R OY3

T elephQo~L(6Q~)~82.400 '''Facsfmir~: (604) 930·7119

FNR-2013-00150

File No.: 2403652

CANADA: License No.: 233771.

PROVINCE OF BRITISH COLliMBIA. ) ;lin 14' ~att" d To WIT:

c31,

of

in the Province of British Columbia, do solemnly declare that

1. Michael and Nicola SilTlpkins are holders of License No. 233771 covering that part of District Lot 6354, Group 1, New Westminster District, issued for private moorage purposes.

2. The above-noted site is no longer required.

3. All improvements have been removed and the land left in a safe, clean and sanitary condition. .

4. If the land is found to have improvements thereon or not left in a safe, clean and sanitary condition, I will acknowledge and agree:

(a)

(b)

to forthwith remit to British Columbia Assets and Land Corporation an occupational rental in an amount deemed appropriate by the Regional Manager;

to forthwith re-enter on the land and undertake such measures to rectify the breach as deemed appropriate by the Regional Manager.

And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the

same legal force and effect as if made under oath.

Declared before me at the

of , in the

Province of British Columbia, this

day of ,A.D.

A Commissioner for taking Affidavits for British Columbia or A Notary Public in and for the. Province of British Columbia.

ope 40,:\5 Rev. 8/88

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FNR-2013-00150

British ColL.}.bt.a:, I Assets and Lctrtd<qorpotanon " '

File: 2403652

November 30, 1998.:

Michael Simpkins Nicola Simpkins

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2842 Bellevue Avenl.Je , West Vancouver BCV7V 11:8 •.

Dear Michael &, Nicola Simpkins:, , ," -,'

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British Columbia Assets and LaM CqfPc:Jrktio~ has been delegated the responsibility of managing all CrowrLland formerly managed by the Ministry of Environment, Lands and Parks (the Ministry). - '

License No. 233771 covering thatpartofOistrict Lot 6354, Group 1, New Westminster District, issued for private moorage purposes, has expired effective October 31, 1998. All improvements were to be removed and the land left in a safe, clean and sanitary condition within 30 days from expiry.

Please complete and return the enClosed Statutory Declaration to our office within 15 days, along with a Tax Clearance Certificate verifying taxes have been paid. You may obtain a Tax Clearance Certificate from the Government Agent or local tax collector.

{JAJ ','

Carol Johnson Examiner

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cc: Crown Land BegistryServicE3s, ViCtoria ' BC AssessmentAl.Jthority. N.,Shore/Squamish Valley Provincial Coliector;Sechelt '"

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Lower Malnlarid: Land Management Offi~e:#400 -10470 152 'Street; Surrey. Be. V3R OY3 ,. Tel (604) 930-7114. Fax (604) 582-5291

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FNR-2013-00150

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· .. ~.~.-.~---c~~~~~~~~~~~~~~~~-~--~~~~~~~~~~~-

Date: 98/12/21 TITLE SEARCH PRINT - VANCOUVER Requestor: (SC34212) MINISTRY OF ENVIRONMENT, LANDS & PARKS

TITLE - 454795

VANCOUVER LAND TITLE OFFICE TITLE NO: 454795 FROM TITLE NO: 335597


REGISTERED OWNER IN FEE SIMPLE: SUNNY HARBOUR ESTATES LTD. 1030 WEST GEORGIA STREET VANCOUVER, B.C.



LEGAL NOTATIONS:


CHARGES, LIENS AND INTERESTS: NATURE OF CHARGE

CHARGE NUMBER DATE TIME

RIGHT OF WAY 504371M 1970-02-19 13:48

REGISTERED OWNER OF CHARGE: BRITISH COLUMBIA HYDRO AND POWER AUTHORITY

504371M

Time: 13:58:18 Page: 001

"CAUTION - CHARGES MAY NOT APPEAR IN ORDER OF PRIORITY. SEE SECTION 28, L.T.A."


TRANSFERS: NONE


*** CURRENT INFORMATION ONLY - NO CANCELLED INFORMATION SHOWN ***

FNR-2013-00150

British Colwnbia I Assets arulMndGOrporati011 , ' '"

File: 2403652'

December 21, 1998

Michael'Simpkins Nicola Simpkins 2842 Bellevue Ave,

"

West Vancouver BCV7VJ E8 '


,,/"

"

Re: Offer of Licellse dated II/Iay {f998"

British Columbia As~etsa~d La~d Corporation has been delegMed the responsibility of managing all Crown land formerly,managed by the Ministry of Environment, Lands and Parks (the Ministry).

Thank you for ret~ming the executed licensedo~uments to our office along with your payment in the amount of $600.00 towards the fees payable outlined in the offer of license noted above. ' '

Please ensure the following requirements of the offer of license dated May 4, 1998 are delivered to our office within 15 days from the date of this letter:

1. Balance of the fees paxable in the amount 01$202.50;

2. The written consent from Sunny HarbourE:states Ltd. as upland owner, indicating the term of consent and purpose for which it is given. The term of the license will be adjusted to reflect the term of riparian consent.

Yours truly,

Examiner'

CJ

Lower Mainland. Land Management Olliee: #400-10470 152 St .. Surrey. Be. V3R OY3 Tel (604) 930-7114' FaX (604) 582-5291 '

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FNR-2013-00150

I 1. FEES PAYABLE

You need to pay the following fees:

License Fee .................................... $ Documentation Fee ................. '.' ........... $ GST (7% X $750.00) ............................. $

TOTAL ..................... $

*T denotes GST payable.

., ~boc

600.00 *T ~ 150'~00 *T. >~

52.50 )~ ------

~~~~=V

Please make your cheque or money order payable to the Minister of Finance and Corporate Relations.

2. LIABILITY INSURANCE

You need to obtain a comprehensive general liability insurance policy with a limit of $1,000,000.00 per occurrence. Evidence of this insurance must be submitted to our office upon request.

3. APPROVALS/CONSENTS/PERMITS

You need to obtain and submit to our office the following:

The written consent from Sunny Harbour Estates Ltd. as upland owner, indicating the term of consent and purpose for which it is given.

Please note, the term of the license will be adjusted to refle~ the term of riparian consent. p

4. SIGNING OF DOCUMENTS

Please sign all of the License documents in the spaces provided on the signature page, have your signature(s) witnessed, and RETURN ALL COPIES TO THIS OFFICE. An originally executed copy will be sent back to you. The witness to your signature can be any adult other than a person who is signing as a party to the agreement or a member of that person's family.

REMINDER: This offer expires if you do not satisfy the above preconditions by July 6, 1998.


FNR-2013-00150

.A

,,'!It, BRITISH ~ COLUMBIA

License No.

Ministry of Env ironment, Lands and Parks l License - Aquatic Lands

File No. 2403652

THIS AGREEMENT dated for reference the 4th day of May, 1998.

IN PURSUANCE of the LAND ACT (Section 39). r:1528~L?~

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, represented by the Minister of Environment, Lands and Parks, Parliament Buildings, Victoria, British Columbia

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{Ott, .~c 17 ~/j) 1Yt.e- . eq> /Jf, l.9.gp VI


AND:

MICHAEL SIMPKINS, and NICOLA SIMPKINS as "Joint Tenants" 2842 Bellevue Ave J1\~ ?' ~. West Vanc~~U··"BEil1rrl!i·'@ol 'ia:~' V7V lE8

(hereinafter called the "Licensee")

4'Q ~~ (J

........ ,.... 1!/t1J OF THE FI RST PART·······............ q>f'G'/0,

rm IC (ill IC n 1)/1 rc 1-"··'···. ~ tRi [; l0 [; U iJ Lt: llli ............ ,.

OEe I 7 1998 $ .. k.(2Q,l!;9..CcLf 6 .~ BY~fJ:/./L ....... ~ .................. .

OF THE SECOND PART

WITNESS THAT WHEREAS the Owner has agreed to grant to the Licensee a license over that parcel of land described in the attached schedule entitled Legal Description (hereinafter referred to as the "Land");

NOW THEREFORE in consideration of the fee to be paid by and the covenants of the Licensee, the parties agree as follows:

!AffiM~l@GHffiip:tlliM~a~?l

(1.01) The Owner, on the terms set forth herein, hereby grants to the Licensee a license to enter on the Land for the purpose of constructing, operating and maintaining a Private Moorage Facility.

~ ••• •·•••• •••• ·• ••• ··.0m;;mm;;;m.¢1¢IIBP'dHftf~mmm;;m;;;EImlfl (2.01) The duration of this license and the rights herein granted shall be for a term of

10 years commencing on the 31st day of October, 1998 (hereinafter called the "Commencement Date") unless cancelled in accordance with the terms hereof.


FNR-2013-00150

1----------------I Bntzsh Corwnbla,,;, ' I I .. ' "'I, '.""

, Assets,arrd-,wtld Corporatloh'

File: 2403652,' ,-

" January 12,1999,' "

':-" :;.i

Michael Simpkins. ' ,,' ( NicolaSiinpkins' '"" 2842BelievueAve '-", ,'," "', '., ,,' West varicouver~cV7V1 ~8 ,,",.' .,'"

,

Dear Michael8<~icOI~$impkins:' ".' . "'---:':~:\-:::,:~;' ::,-:,.--',:_' -,., "-",-'-, :'" ,',' ',,','

By letter dated DElberliber2f,f9$8\Ne,'req~esf~dthatyou deliveftoour office the balance of thefe(3s payat;[e,in .theamounf of $202~50 and the written consent from Sunny Harbour Estates Ltd: 'as upland owner,These reqUirements have not been received to date.' , , '

Please note, ifthe:,eqUiremeritsnoted ab~ve~re'hofdelivered'toour office within 15 days from the datel': of:thls tetter, your lic,ense'for private moorage will not be issued and you will be considered in trespass' of CroWn ,Iar:ld. '.

, ~, i '

, Yours truly, "' .. "

~n . ~,'.-

"

Examiner,

CJ

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Lower Malnland. Land Management office: #400·10470 i52 St" Surrey. Be. V3R OY3 , Tel (604) 930-7114- Fax (604) 582-5291

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FNR-2013-00150

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MICHAEL C. SIMPKINS

FNR-2013-00150

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British CoZu_ hi.a .. I Assets cmd0nde~1pQration"

File: 2403652

January 14, 1999

Michael Simpkins .•.............. Nicola Simpkins .• · .. ··••·•

, , " ~ >

.

2842 Bellevue Ave: ..' .... . . .' . . , .' ,,\1"-

West Vancouver BC V7V1E8. . ~ . ,.'.' "-,

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'.

Dear Michael &N;c6;~ii~p~ins:. . >.-.' i.

: /' .}~ :: ~,\'.: ,'>,,> .:,,:., :).:;:;'~,<-',:.-::_ ",:-> <,:-,'~':;.':: ,"~.'Jl.':,':,:,,:~(::_, . , _ :' ,,',,' ': ':,~':"< <,,' ':,- ,,'.')I}·.~ .< '

British ColumbiaAssetsarid;tan:d:g6r:p~r~tion:tu~~'been delegated the responsibility of managing all Crown Jandf6tmerlynianaged by.tne Ministry ofErivironment, Lands and Parks (the Ministry). . . .

It is my pleasuretoendl6s'eYouroriglnaI6dpyor~icenseNo:236927duIY executed on behalf of the Minister, replacing License No. 233771, which expired effective October 31, 1998. ..'

The license is i~iuedf~ra'term of16ye~rSc6mr1l~ncing OctOb~~31, 1998 for the purpose of constructing,operating and maintaining a Private Modrage Facility at the rental of $600.00 for the .term ... ;. .'

This license coverS thafp~rtofDistiict L6t6354,Gro~p 1, New.Westminster District, containing 870.0 square metres, more orJess.. .

. ."', '

Please do not hesitate to contact me. if you have ;any questionsorrequire assistance. It continues to be our pleasure to be of serVice.·' . .

Yours truly,

~ '}- .. ~- ....

Carol Johnson . Examiner

Enc!.

'-"'"

.

cc: BC Assessment Authority,N.Shdre/~ci\Jainish vailey ' .. ' .' .. Crown Land Registry Services,Victoria ". '. . Sunshine Coast Regional Qistrict , .... Provincial Collector ,.$eehelf . '. . .

Lower Malnland.Lan~Managel11ent Office: #400-10470 152 St:. SUITe;.. Be. V3R OY3 Tel (604) 93P-7114 -Fax(604) 582-5291 .

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File No. d'+ 0 '3 (", ,~ J.

Purpose OS Subpurpose 00

T~nure Type L! Tenure Subtype 0\ Land Type Code 3 Area (Hectares) O.O~1

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Percent of Gross ____ _

Note~eminder.: ____________________________________ _

INITIAL DATE

EXAMINER -c::\ 9'}",j-jlf

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FNR-2013-00150

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FNR-2013-00150

BRITISH COLUMBIA

The Best Place on Earth

May 29,2008

Chief & Council shfshalh Nation PO Box 740 Sechelt BC VON 3AO

(VIA MAIL)

Dear Chief & Council,

I

Re: Implementation ofa New First Nations Consultation Process for Replacing (Renewing) Existing Land Tenures

The Integrated Land Management Bureau (lLMB) is starting a new consultation process for replacements of existing tenures. The new process involves an enhanced level of consultation that will be carried out as part of the adjudication process. We expect there to bE? challenges as the process develops and is refined to address individual First Nation requirements. We will look to the First Nations for

. input into how the process could be adjusted to best meet individual needs. r ".

We are proposing to consult initially on an annual basis for replacement of tenures. We anticipate the maximum number of replacements an individual First Nation would be consulted on annually is approximately. one hUndred. All existing tenures coming

. up for replacement with an expiry date of June 1, 2008 and beyondwill fCjIl under the new consultation process.

The process will consist of an annual referral of all tenures that are due for·· replacement in the year. Initially the first referral will be for tenures expiring during· the interval of June 1, 2008 to March 31, 2009. ILMB will meet with each First Nation sometime during the months of June through to September to discuss the attached information map and associated data spreadsheet of all of the replacements in each First Nation's consultative area.

Integrated Land Management

Bureau

Ministry of Agriculture and Lands

Mailing Address: Integrated Land Management Bureau Ministry of Agriculture and Lands Suite 200 -10428153 St . Surrey BC V3R 1 E1 Tel.(604) 586-4400 Fax (604) 586-4434

location: Su~e 200 -1 0428 153 St Surrey Be V3R1 E1

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,---------------------------------------------------------------_ .. _-_ ...

It is our expectation tha.t the meeting will enable the format of the maps and spreadsheet as well as the consultation process to be discussed to ensure the information needs of each First Nation are met. ILMB can facilitate First Nations access to electronic mapping and data access programs to view tenure information digitally upon request at the meeting. . .

It is our expectation that FirstNations will have sufficient time to review the information before providing us with a formal response. Furthermore, it is our hope thatiLMB and the First Nation will be able to identify those tenures that have minimal impact and do not require further discussion so that we may focus on the more . .

problematic ones.

During the transition to this new process we would ask that you focus initially on those tenures that are expiring between June and September (highlighted in yellow on the attached spre!3dsheet). As mentioned above,it is our intention to meet with each First Nation to discuss the lists oHiles. However, as the "June to September" files will expire soon, theJe will not be adequate time to meet, and we. would ask that you provide us with a written response as to how the replacement ofthese tenures might' impact your traditional use. We would ask that you provide these comments within the next two months (approximately 60 days). For all tenures with an expiry date after September 2008, there will be a three month (approximately 90 days) period from the date of this letter to provide comments.

The land officer assigned to each file will contact the First Nation to respond to any questions, concerns, or requests for additional information that the First Nation may. have on specific tenures that will be coming up for replacement.

ILMB looks forward to consulting cooperatively with your First Nation around replacement tenures . .If you have any questions or concerns, please contact me at (604) 586-4313.

Yours truly,

Andrea ,Cowgill Senior Land Officer

Enclosures (1) Overview Map ofTenures Expiring Between June 1,2008 and March 31,

2009.· . (2) Spreadsheet of Tenures Expiring Between June 1, 2008 and March 31,

2009 . ":{'

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Note: Tenures highlighted In yellow are in the critical transition period and have a 60 day comment perlo~ from the date of this letter. FNR-2013-00150

~------------------------------------------------------------------------------------------------------------------------------- ... ------.

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land Title System For: [ SC62179 1 [ DIXON, GORD 1 'As Of: 08/02/07 09: 04: 23 ;::1 :;::.,~-==Ilh"'.,.,.,~k""':'f.",.o"--="'''''n"''7iif,.,.$".,'''''".· =;'"')

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Title Displayed VANCOUVER LAND TITLE OFFICE DECLARED VALUE

TITLE NO: BA344804 FROM TITLE NO: 454795

APPLICATION FOR REGISTRATION RECEIVED ON: 22 DECEMBER, 2006 ENTERED: 05 JANUARY, 2007

REGISTERED OWNER IN FEE SIMPLE: SUNNY HARBOUR ESTATES LTD. 201-5710 TEREDO STREET PO BOX 1669 SECHELT, BC VON 3AO



LEGAL NOTATIONS:

BYLAW CONTRAVENTION NOTICE, COMMUNITY CHARTER, SECTION 57 SEE BA102018

HERETO IS ANNEXED EASEMENT C76468 OVER PART OF

BLOCK A IN EXPLANATORY PLAN 12817, DISTRICT LOT 4550

CHARGES, LIENS AND INTERESTS: NATURE OF CHARGE

CHARGE NUMBER DATE TIME

RIGHT OF WAY 504371M 1970-02-19 13:48

REGISTERED OWNER OF CHARGE: BRITISH COLUMBIA HYDRO AND POWER AUTHORITY

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BW100101 2004-03-12 12:41 REGISTERED OWNER OF CHARGE:

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https:llwww.bconline.gov.bc.calcgi/process.cgi 07/02/2008

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( )WN LAND STATUS No.: .. 2~S.Z .. '. Ci5-o"?-N-..

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INTEGRATED LAND MANAGEMENT BUREAU

Date: ......................... ~ .. ~ ..

Region No.: .......... ~: ............. . Applicant: ................. M .. , .. 4. ... .N., ..... ;?.IN.P.~.I.N~ .................................................................... . ···································p·····6············ ............................................................................................................... .

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Date:

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,'" FNR-2013-00150

BRITISH COLUMBIA


October 1 0, 2008

J

Chief Garry Feschuk & Council shisMlh Nation PO Box 740 Sechelt BC VON 3AO

Dear Chief Garry Feschuk & Council,

.)

Re: Private Moorage Tenures in the shishalh Nation Territory

s liS ~H

f"<~ .

We are writing to follow up on the meeting between the Integrated Land Management Bureau (ILMB) and the shfsMlh Nation on August 27, 2008 regarding tenure replacements. The meeting provided us with valuable information pertaining to the interests and information requirements of the shfsMlh Nation. At the me.eting, issues were raised by the shfsMlh Nation regarding private moorage in the shfsMlh Territory. ILMB committed to providing private moorage information to the shfsMlh Nation; however, the larger issues surrounding private moorage policy and tenures in Pender Harbour would require further discussion at a future meeting.

Subsequent to our meeting and referenced in our September 18, 2008 letter, we are providing a package containing information on private moorage tenures in the shfsMlh Territory. Enclosed are the following private moorage documents:

o Crown Land Use Operational Policy - Private Moorage

o Sample specific permission document

o Spreadsheet listing all private moorage tenures expiring between April 1 , 2008

and December 1, 2008 in the shfsMlh Nation territory.1

o Tenure documents and photos where possible for all private moorage tenures

listed in the spreadsheet.

1 All of the tenures have had no prior consultation with the shishBfh Nation.


Bureau

Minisflyof Agriculture and Lands

Mailing Address: Integrated Land Management Bureau Ministry of Agricullure and Lands Suite 200 - 10428 153 St Surrey BC V3R 1 E1 Tel (604) 586-4400 Fax (604) 586-4434

Location: Suile200-10428153St Surrey BC V3R 1 E1

S I J3 fri ~ M.OO'""-Y'-

1'Cl..c.W-¥ .

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------ "',-------- ~

The Integrated Land Management Bureau (ILMB) understands that the shisMlh Nation would like to meet to discuss ILMB's private moorage program including the new Crown Land Use Operational Private Moorage Policy and its associated tenures/authorizations. ILMB staff are currently working to coordinate a meeting regarding the issue of Private Moorage within shisMlh Nation traditional territory. However, until this meeting occurs between ILMB and the shisMlh, all private moorage tenure replacements will continue to be put on hold. As well, FrontCounter BC is not accepting new private moorage applications in Pender Harbour.

Please review the enclosed tenure information. ILMB will be in contact with you to schedule a meeting to discuss private moorage in the shisMlh Territory.

Yours truly,

Andrea Cowgill Land Technical Officer

Cc: Mark Harvey, West Coast ILMB Jacqueline Cavill, South Coast ILMB

Enclosures

FNR-2013-00150

i .

• ,1): • " > Q",1", .. , '.<

BRITISH COLUMBIA


October 16, 2008

)

Chief Garry Feschuk & Council shishalh Nation PO Box 740 Sec~elt BC VON 3AO


~.'\~

Re: Private Moorage Tenures in the shishillh Nation Territory

"'/1.) vr/ ') {;,t!clw f'

We are writing to follow up on a package from the Integrated Land Management Bureau (ILMB) to the shisMlh Nation dated October 10,2008 regarding private moorage tenure replacements.

The package included a spreadsheet of all private moorage tenures expiring between April 1, 2008 and December 1, 2008 in the shisMlh Nation territory and their associated tenure documents. By mistake, tenures were included in the spreadsheet and accompanying documentation that are not within the shisMlh Nation territory. We have since revised the spreadsheet to accurately include only the private moorage tenures within the shisMlh Nation territorv expiring between April 1, 2008 and December 1, 2008. Please refer to the attached spreadsheet and disregard the previous spreadsheet included in the October 10, 2008 package. No new tenures have been added to the spreadsheet therefore the tenure documentation included in the previous package still applies. Please destroy the tenure documentation for private moorage tenures not listed in the attached revised spreadsheet.

We apologize for any confusion this error may have caused. Please contact me if you have any questions at (604) 586-4313.

Yours truly,

Andrea Cowgill Land Technical Officer

Cc: Mark Harvey, West Coast ILMB

Enclosure


Bureau

MinistJyof Agriculture and Lands

Mailing Address: Integrated Land Management Bureau Ministry of Agriculture and Lands Suite 200 -10428 153 St Surrey BC V3R 1E1 Tel (604) 586-4400 Fax (604) 586-4434

Location: 5u;te200-10428153 St Surrey BC V3R 1 E1

,

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FNR-2013-00150

BRITISH COLUMBIA


December 19,2008

Chief Garry Feschuk & Council shishalh Nation PO Box 740 Sechelt BC VON 3AO


Re: Private. Moorage Tenures in the shishillh Nation Territory

We are writing to follow up on the previous package sent to the shisMlh Nation dated October 16,2008 providing information and requesting comments on private moorage tenures within the shisMlh Nation traditional territory expiring between April 1, 2008 and December 1, 2008. This package is the second batch of expiring private' moorage tenures.

Enclosed is a package containing the following information on private moorage tenures in the shisMlh Nation traditional territory:

o Spreadsheet listing all private moorage tenures in the shisMlh Nation territory expiring between December 1,2008 and March 31, 2009 as well as nine . private moorage tenures that expired between April 1, 2008 and JLine1, 2008 that were missed in the previous private moorage package dated October 16,

. 2008.1,2 .

o Tenure documents and photos where possible for all private moorage tenures listed in the spreadsheet. .

The Integrated Land Management Bureau (lLMB) underslandsthat the shisMlh Nation would like to meet to discuss ILMB's private moorage program. ILMB staff have made attempts to coordinate a meeting to discuss Private Moorage within shisMlh Nation traditional territory and will continue to do so.

1 All of the tenures have had no prior consultation with the shishalh Nation. 2 Land file no. 0343612 was included in the original private moorage package dated October 10,2008 however it

was left out of the corrected package dated October 16, 2008 in error.


Bureau

Ministryot Agriculture and Lands

Mailing Address: Integrated Land Management Bureau Ministry of Agriculture and Lands Suite 200 -10428153 St Surrey BC V3R 1 E1 . Tel (604) 586-4400 Fax (604) 586-4434

Location: . Suite 200 -1 0428 153 St Surrey Be V3R 1 E1

FNR-2013-00150

As you are aware, FrontCounter"BC is not accepting new private moorage applications in Pender Harbour. " "

Please review the enclosed spreadsheet and associated tenure information. We " would appreciate comments by February 16, 2009 on how replacementofthe

tenures shaded in green in the spreadsheet (higher priority tenures as they expired over 6 months ago) impacts the shisMlh Nation's rights and title interests. For the remaining tenures included in the spreadsheet, we Would appreciate comments by March 9, 2009. "

We look forward to receiving your comments and will continue to consult with the shisMlh Nation on all tenures within the shisMlh Nation traditional territory.

~~ Andrea Cowgill Land Technical Officer

Cc:Jacqueline Cavill, South Coast ILMB

Enclosures

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Cheryl Denley Researcher Rights and Title Department shfshBlh Nation PO Box 740 Sechelt BC VON 3AO Phone: 604.740.5600 Fax: 604.885.2275 [email protected]

From: Cheryl Denley Sent: October 1, 2008 2:24 PM To: 'Cowgill, Andrea N ILMB:EX' Subject: RE: Missing Tenure Document Package

Hello Andrea, Yes I did receive the package that you sent; I have not had a chance to look over it yet. Just to reiterate we will not be able to begin this process with Chief and Council until October 30, 2008.

Cheryl Denley Researcher Rights and Title Department shfshBlh Nation PO Box 740 Sechelt BC VON 3AO

. Phone: 604.740.5600 Fax: 604.885.2275 [email protected]

This electronic communication (email) is intended for the use the of addressee(s) and may contain information which is privileged and confidential. If you are not the intended recipient, you are hereby notified any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the Sechelt Nation at 1-866-885-2275. Thank-you.

3

FNR-2013-00150

Karmona, Jennifer ILMB:EX

From: Sent: To:

Cowgill, Andrea N ILMB:EX Wednesday, April 22, 2009 10:55 AM Karmona, Jennifer ILMB:EX

Subject: FW: Replacement tenures

Andrea N Cowgill, B.Sc, A.Ag Land Technical Officer Crown Lands & Resources Regional Operations Division - Coast Integrated Land Management Bureau Ministry of Agriculture and Lands 'phol1_e~,(?_9_~1§86~} 1 ~!Cl~j?g:D~~~-542L ...• _ .... ___________ .

From: Drysdale, Alec M ILMB:EX Sent: Monday, December 29, 2008 10:59 AM To: 'Cheryl Denley'

. __ .••. _ ..•..•.•.. _- ------". __ .. _---

Cc: Jones, Peter A ILMB:EX; Jasmine Paul;· Cowgill, Andrea N ILMB:EX; cavill, Jacqueline ILMB:EX Subject: RE: Replacement tenures

Cheryl,

--------_." .•..• ,,-----

Thank you for your emailto Jacqueline last month, and for bringing your concerns to my attention. I apologize for my delay in responding.

I regret that there appeared to have been some miscommunication around the term of the review period for replacements. I can confirm that ILMB did not replace any tenures prior to November 3. Furthermore, you might be interested in knowing that ILMB has not replaced a single tenure in Sechelt territory since April 1st, 2008. This was in part due to ILMB's efforts at finding an approach to reviewing replacements that worked for both ILMB and .Sechelt FN. As I explained at our last meeting, ILMB is adjusting its process to reflect comments and concerns received from other First Nations.

Jacqueline has informed me that you have provided comments on tenure 2401355 (Int'I Forest Products at Agammenon Channel). We are reviewing your comments.

At this time, ILMB is not converting any existing private moorage tenures into permits, in Pender Harbour, as we have committed to host a meeting with the Sechelt FN, and with representatives from other government agencies, to discuss various issues. We hope to have that meeting in January.

Jacqueline has informed me that you have recently received a list of replacements that are expiring between November 30,2008 and March 31,2009. ILMB will not be reviewing these files until the middle of February.

In terms of tenures that have already expired, ILMB will continue to review them on a tenure by tenure basis. ILMB has . an obligation to expired tenure holders to deal with their replacements (either to issue or disallow then) in a timely

manner. It is for that reason that ILMB will now start making decisions on the oldest of tenures (from April 2008), and then move forward in time.

ILMB looks forward to working with the Sechelt FN in the new year to finding a referral process that works for both parties.

Thank you.

1

FNR-2013-00150

Alec Drysdale Service Centre Manager South Coast Service Centre Integrated Land Management Bureau Ministry of Agriculture and Lands Tel: (604) 586-4420 Fax: (604) 586-4419 E-mail: [email protected]

From: Cheryl Denley [mailto:[email protected] Sent: Friday, November 7, 2008 2:00 PM To: Cavill, Jacqueline ILMB:EX Cc: Jones, Peter A ILMB:EX; Drysdale, Alec M ILMB:EX; Jasmine Paul; Cowgill, Andrea N ILMB:EX Subject: Replacement tenures

Good Day Jacqueline,

I'm writing further to our discussion yesterday (November 6, 2008) regarding the need for an extension to the proposed deadline for receipt of shishBlh Nation input on ILMB request for comment on replacement tenures.

You have asked us to "prove" that we requested further time in our discussions with Ms. Cowgill. Below I have pasted the email I sent to Ms. Cowgill on October 1, 2008 confirming our telephone discussion in which I advised that we could not address these referrals until October 30. This should answer your request for "proof'.

A bigger concern is that your failure to respect our request, and your requirement that we demonstrate we have previously asked for more time, is not conducive to building a positive relationship. We deal with all Provincial referrals on a highly professional and organized basis. In fact, it has been our experience that we are often better organized, and more timely in our responses, than ILMB. It is frankly insulting that you would question the validity of my statement that further time is needed, by asking me to provide to you information that should already be shared between you and your colleague. Perhaps this was not the intent of your request, but the fact remains that there has to be a degree of mutual trust and respect where we are not required to "prove" something that has fallen into a commOnication gap in your office.

We are as well very concerned by your statement to the effect that ILMB has everything in place to renew these tenures and is just waiting to hear from shishBlh Nation. The bare minimum criteria for meaningful consultation requires full provision of information, a workable timeframe for developing input and exchanging information, and an intention by ILMB to substantially address any issues we raise. This cannot be achieved if your decision documents are fully drafted before you have even heard our concerns. We are left with the impression that ILMB is reducing consultation to nothing more than another check mark on the to do list of getting these tenures out.

We therefore ask you to confirm to us that no decisions will be made on these tenures, until consultation with shishBlh Nation is complete. We have answered your concerns reo communications on timing, and an extension is in our view the only honourable option.

Sincerely,

2

FNR-2013-00150

Integrated Land and Resource Registry .(ILRR) Generate Report - Summary Page 1 of 1

Generate Report : Summary

Report Results

8 Interest Record(s) found. Identifier: All Report Description:

SelectJILRR Interestj Issuing Agency Identifier

D ] . .6)028 . LWBC

D 46182 iLWBC

Business Identifier

!Disp Trans SID : 178173 DOCUMENT NUMBER: 236927 'FILE NUMBER: 2403652 lDisp Trans SID: 1.0..874 DOCUMENT NUMBER: 1960/590 HLE NUMBER: 0000000

INACTIVE

ACTIVE

t~ : ... III·rr ':.0",1, '

Type Responsible

iRESIDEN-LC iMAL

, iPRE-TAN-CG IMAL

Agency

D l:B4599 NAL !Disp Trans SIb : ~ ·REQUESTED ·NULL !MAL ,

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rJ l3..llilM 'MSRM

D ~ :rNO

rJ 1394711 TNO

484344 VlLAPFW

!FILE NUMBER: 2403652 ,Tenure # : 332568 SITE_NUMBER_ID: 332568 :~orden # : DjRx-53

ACTIVE

ACTIVE

!Primary Key: 48 !ACTIVE [FIRST NATION NAME: Te'mexw Treaty! Association ' iPrimary Key: 10 !ACTIVE !FIRST NATION NAME: Sechelt Indian :Band Cer! No. : 200604 ACTIVE

·MINPLCC-RS :MEMPR

ARCHEAO-SI iMTSA

STOFINT-BD !MARR

iSTOFINT -BD MARR

IGDOUTFT-CR iMOE

This report may contain information of a confidential and sensitive nature. Please protect the information accordingly.

http://aardvark.gov.bc.cainetapps/ilrr/generateReportHistory2.do 2009-04-30

FNR-2013-00150

,,'!It, BRITISH ~ COLUMBIA

Ministry of Envi ronment, Lands and Parks . Legal Description Schedule'

License No. :.. File No. 2403652

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That part of District Lot 6354, Group 1, New Westminster District, shown outlined on sketch below, containing 870 .. 0 square metres, more or less.

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FNR-2013-00150

Crown Land Use Operational Policy: Private Moorage

7.2 Rentals

7.2.1 Permission

There is no rent charged for General or Specific Permissions,

7.2.2 Lease

A nominal charge of $200 per annum is levied for a private moorage facility lease, Where the area of aquatic Crown land required for a lease exceeds 2000 square metres, an additional annual charge of $1 ,OO/square metre is levied to a maximum total annual charge of $400,

8. ALLOCATION PROCESSES

8.1 Applications New and replacement tenures are normally offered in response to individual applications, "

New Specific Permissions are offered in response to an application, General Permissions will not require an application, General Permission documents will be made . available to proponents by the authorizing agency, normally through FCBC , .

Although applications will not be required for many small lake and river docks under 20 m2

, clients must first contact FrontCounter BC prior to commencement of construction to ensure that they are fully informed of the conditions and requirements of a General Permission, and to ensure that a proposed dock is not located in an application-only area, Clients may be required to provide additional information to help staff determine whether an application is needed (e,g, a draft site plan showing design, location or orientation), In addition, clients may need other agency authorizations, such as a notification of works in .and about a stream in accordance with Section 9 of the Water Act.

8.1.1 Application Package

Applications must be complete before. they can be accepted for processing. A complete application package will include all the material defined in the Application Checklist.

Management Plan and Tenure Boundaries

A management plan is required for private moorage applications,

In issuing tenures or permissions, staff are to ensure that permission or tenure boundaries encompass the minimum area required to authorize the placement of necessary improvements (including boat lifts and anchor lines), The permission or tenure area should not include unoccupied open water or tidal areas between structural

. improvements,

Refer to Section 9,5,1, Development Requirements, as well as the Private Moorage Requirements and Best Management Practices (Appendix 2) for additional factors that may affect the placement and design of a private moorage facility,

FILE: 12565-00 PAGE: 6

EFFECTIVE DATE: August 16, 2004 AMENDMENT: December 5, 2008

FNR-2013-00150

ABORIGINAL INTEREST CONSIDERATION REpORT (AICR)

Ministry and Office location: Ministry of Agriculture and Lands, ILMB, Surrey Applicant Name: Michael and Nicola Simpkins File Number: 2403652 Start Date:

Recomi:nendation: It is recommended that this tenure for a private moorage facility in Secret Cove be replaced with a Specific Permission with no fixed term:

Completion Date: April 30, 2009 Completed By: Jennifer Karmona

1. WHICH FIRST NATION(S) HAVE POTENTIAL INTEREST IN THE AREA?

List First Nation(s) and source(s) of information: The shishalh Nation

12. IS THE DUTY TO CONSULT TRIGGERED?

a) Is there real or constructive knowledge ofthe potential existence of an Aboriginal right or title? (Note: Generally this will be yes if the table in Section 1 has listed First Nations) Yes

b) Could the decision being contemplated have an adverse impact on the potential right or title? Yes

Is the duty to consult triggered? Yes If yes, continue to the next section. If it is determined that consultation is not triggered, provide rationale and stop here. Rationale for no:

li. REFERRALS and FIRST NATION RESPONSES

Use the attached Communication Table for recording the referral information and subsequent communication with the First Nation(s).

Ministry of Agriculture and LandslIntegrated Land Management Bureau November 2007 Page 1

FNR-2013-00150

14. SUMMARY OF FIRST NATION(S) RESPONSES

Sillnmarize First Nation(s) response and meeting outcomes: There is no file specific response from shishilh Nation with substanive information on how this tenure could impact their rights and title on file.

-I S. CONSIDER REASONABLY AVAILABLE INFORMATION 1

[8J Distance between site area,and First Nation Reserves (in km). Result: There is an Indian Reserve, Sechelt Lands No. 24, approximately 10 km from this private moorage facility. There is another Indian Reserve, Sechelt Lands No.4, approximately 11 kin from this private moorage facility.

[8J Existing agreements with the First Nation(s) that are relevant to the level and/or format of consultation. :Result: None of relevance this this replacement tenure.

[8J Existing archaeological information within and/or near the site area. Result: No archaeological information was collected for this specific tenure. The last time the tenure was replaced was in 1998, which was before ILMB started ordering and assessing archaeological research for tenures.

[8J Is this within an existing treaty area? No If yes, which one? Select one: [8J Existence and status of Specific Claim(s). Result: None of relevance to this site. [8J Prior consultation with respect to this proposal (e.g. ,if it is an existing use). Result: No

,[8J Existing information from the proponent. Result: The proponent did not provide any specific information of relevance to First Nations rights or title.

[8J Information from Ministry of Aboriginal Relations and Reconciliation. Result: None of relevance to this specific site.

[8J Information from other agencies who are consulting in the area. Results: None of relevance to this specific site.

[8J Other. Results: The document, "Sechelt Indian Band - Strength of Claim Assessment and General Advice on Consultation Requirements", dated June 20, 2006, was consulted but there was no specific infomration on Secret Cove.

Summarize analysis of information considered: There is no specific infomration available about the shishilh Nation's use of Secret Cove. This private moorage facility would have a very low impact on the land and so would be unlikely to negatively affect any aboriginal rights in the area.

List tables and maps: NI A

[6. DISCUSSION/AN~~;~SIRATIONALE A; Assessing the Scope of Consultation

Ministry of Agriculture and LandsiIntegrated Land Management Bureau November 2007 Page 2

'-_/

FNR-2013-00150

mmkehler

Sticky Note

Last Bullet in Section 5 listing a Strength of Claim Assessment

Based on a preliminary strength of claim assessment and the seriousness of impact assessment what is the level of consultation required?! Medium Summarize the consultation process to show whether and how the assessed scope of consultation was achieved: The shishaIh Nation was sent a batch replacement referral package for this replacement tenure in a letter dated May 29, 2008. The comment deadline was established by ILMBas 90 days from the date of the letter, i.e. the end of August 2008. Subsequent to this the shishalh Nation was sent additional batch referrals, which included this tenure, in letters dated October 10th and 16th

, 2008. In several correspondances thereafter (see communication table at the end of this AICR), ILMB communicated that they would be moving forward with adjudicating this application ifthey did not receive substantive comments on how this replacement tenure impacted shishaIh Nation's interests.

B. Accommodation Is a duty to accommodate likely triggered? No Summarize result, analysis of information considered, and steps taken to comply with the duty (if triggered):

C. Decision in the Face of Continued Disagreement Summarize analysis of information considered:

17. SUMMARY AND RECOMMENDATION

Summarize the consultation and accommodation process: Please see section 6 above and the communciations table at the end of this AICR

Provide conclusions and recommendation:

Considering the following issues, it is recommended that this tenure for a.private moorage facility is Secret Cove be replaced with a Specific Permission with no fixed term:

-ILMB's mulitple communications with the shishalh Nation on replacement tenures in general and on this site in particular; -the shishaIh Nation did not provide any SUbstantive information regarding how the replacement of this tenure would impact their interests; and -this tenure would have a very low impact on the subject foreshore and would not likely negatively impact any rights, title or culturally important sites the shishalh Nation may have in Secret Cove

I This is accepted for the purposes of the Raida analysis only (which is preliminary and interim), and does not constitnte an admission that is legally binding on the province.

Ministry of Agriculture and LandslIntegrated Land Management Bureau November 2007 Page 3

FNR-2013-00150

-~ - ~--~~~ ~-~~- ~-~~ - - ---~-~-~ ,. -- - .. --- ----------- - ._----Date

May 29, 2008

I

Aug. 27, 2008

Oct. 1, 2008

Oct. 10, 2008

Oct. 16, 2008

Nov. 7, 2008

Dec. 29, 2008

Initiator Type of Comments Communication

ILMB Letter ILMB introduced its new consultation process for replacements of existing tenures and included this tenure in the appended list of tenures that would be expiring in the subsequent months. ILMB requested comments from shfshdlh Nation within 90 days of the date the letter was sent, i.e before the end of August 2008.

ILMB& Meeting Meeting regarding tenure replacement process and smshiih . consultations with shfshdlh Nation

Nation shishiIh Email ConfIrmed receipt of tenure document package. Nation NotifIed ILMB that shfshiIh Nation would not be .

able to begin the review process with Chief and .

Council until Oct. 30, 2008 ILMB Letter Provided package containing information on

private moorage tenures in the shfshdlh Territory expiring between April 1,2008 and December I, 2008 (subject tenure included in the list)

ILMB Letter Follow up to Oct. 10,2008 - provision of corrected list of replacement tenures (subject tenure included in the list)

shishiIh Email Follow up regarding a discussion between ILMB Nation and shfshilh Nation on the need for an extension

to the proposed deadline for the receipt of shfshiIh Nation's comments on replacement tenures. Expressed of concern regarding time lines and communication within ILMB. Requested confIrmation that ILMB will not make any decisions on replacement tenures until consultation with shfshilh Nation is complete. Re-interated the need for an extension on referral response timelines for the replacement tenures.

ILMB Email Communicated that ILMB would start making decisions on the oldest expired tenures and then move forward in time

Ministry of Agriculture and Lands/Integrated Land Management Bureau November 2007 Page 4

FNR-2013-00150

,,~, BRITISH ~ COLUMBIA


)i ,

. Legal Description Schednle

License No. ~ File No. 2403652


That part of District Lot 6354,Group 1, New Westminster District, shown outlined on sketch. below, containing 870;0 square metres, . more or less.

2. Sketch Plan

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' ''''0', . :;; . :!i area = 0.08 ha +/_ ,'Q' ,<? . r' ,$ 30m! ,

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L.6172


FNR-2013-00150

" • '--BRITISH COLUMBIA

MISCELLANEOUS LAND USE REPORT LM - LAND MGMNT - LOWER MAINLAND SERVICE REGION

File: Reported By: Phone Number: Applicant:

2403652 Jennifer Karmona 604-586-4417 MICHAEL SIMPKINS NICOLA SIMPKINS

Inspected Date: Report Date: Complexity Level:

No site inspection April 30, 2009 1

td,l

Decision: The application is allowed,

Application Type: Purpose: Type: Commencement Date:

Replacement Residential Permission October 31, 2008

,,,,·'-If' !fI ~ 2009 ,.. ;-"""'.' f"

,1-".,.. "Ai /i (J;o~"",-IL~~i fl;l,; /f"-l "--~ ...... L/\Z! If IL .... '1I .......... -1

LMM Policy: Sub-Purpose:

PrlirS~~i Private Mabr g Specific Mo ' ~e Private Moorage

Sub-Type: Term:

Purpose Statement: Constructing, operating and maintaining a Private Moorage Facility

BCGS Map Sheet: 92G051 Air Photo No.: No Record Found Application Area: 0.087 +/- Ha, Recommended Area: 0.087 +/- Ha, Location:

Legal Description:

Secret Cove

THAT PART OF DISTRICT LOT 6354, GROUP 1, NEW WESTMINSTER DISTRICT

Referral Agenciesl Analysis:

Shishalh Nation [No file-specific response on file]

The shfshalh Nation was sent a batch replacement referral package for this replacement tenure in a letter dated May 29, 2008, The comment deadline was established by ILMB as 90 days from the date of the letter, i.e, the end of August 2008, Subsequent to this the shishalh Nation was sent additional batch referrals, which included this tenure, in letters dated October 10th and 16th

, 2008, In several correspondances thereafter (see communication table at the end of this AICR), ILMB communicated that they would be moving forward with adjudicating this application if they did not receive substantive comments on how this replacement tenure impacted shfshalh Nation's interests, There is no file specific response from shishalh Nation regarding how this application could impact thier rights on file,

Please see the AICR for further information on correspondance with shishalh Nation and consideration of their interests in this tenure area,

FNR-2013-00150

s.22


Clearance and Other Conflicts:

No conflicts listed on the status or ILLR reports (on file)

Upland owner is Sunny Harbour Estates Ltd (State ofTitle print on file) - Upland owner consent is required before this replacement tenure can be issued.

I Site Information: Secret Cove

Rental:

2

According to section 7.2.1 of the Private Moorage Policy (12565-00), there is no rent charged for Specific Permissions.

Total Rent = $0.00

Discussion/Recommendations: .

A Specific Permissions will be offered with the following conditions:

1. Purpose: private moorage 2. Term: Indefinite 3. Rent: $0 4. Insurance: $2,000,000 5. No security required. 6. The applicant will pay the replacement application fee. 7. Upland owner consent is required. 8. The applicant should provide our office with anv updated site

Signature: '\ . ;X~':2 Date: I) ..../ \

___ ~ApriI30, 2009. ___ _

FNR-2013-00150


. Your contact is: Linda Warnick

Our file: 2403652

May 6, 2009

MICHAEL SIMPKINS' NICOLA SIMPKINS 2842 Bellevue Ave West Vanc. ouver,' BC V7V 1 E8 . .

Dear Sir/Madam.:

Ministry 0,_.driculture and Lands 200-10428153St Surrey, BC V3R 1 E1

Telephone No: 604-586,4443 .. Facsimile No: 604-5864444

GiST Registration No: R107864738

TENURE OFFER

~ ~rl_. ~ ,fjl1/P ~ ?OOg

~ij/0 .. . " qp II(::, I" ;:::::, .. I)))

Re: Your Application for a Tenure over Crown Land

Your application for a permission for private moorage purposes over:

.. THAT PART OF DISTRICT LOT 6354, GROUP 1, NEW WESTMINSTER DISTRICT, CONTAINING 0.08 HECTARES, MORE OR LESS .

(the "Land") has been accepted by us subject to fulfillment of certain requirements . . Accordingly. we ar.eoffering to you a permission on the terms and conditions.set outin

this letter.

. This is to replace Licence No. 236927 which expired October 31, 2008.

Please be aware that you are required under this permission to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent governmental authority which in any way affects your use and occupation oUhe Crown land and any improvements made to that land. If you have any concerns or questions regarding any such laws, bylaws, orders, directions, . ordinances and regulations you are encouraged to seek legal advice.

FNR-2013-00150

File No.: 2403652 - 2 - .

. Deadline for Your Acceptance of.this Offer

. This offer may be accepted by you no later than 4:00 p.m. on July 6, 2009 (unless this deadline isextend.ed in writing by us). To accept this offer, you must complete .and return to us the enclosed acceptance page by that time. If you do not wish to accept this offer, pl.ease check the. applicable box on the a~ce~ta.nce pag ... 7and. ign and return the page to us so that we may record your rejection of our offer.

. . . .

1. Conditions of Offer .

Enclosed are two copies of your permission. If you accept this offer by · returning the acceptance page to us within the time set out above, you must then execute and return these documents to us on or before Jljly 6, 2009

· together with all of the following: . . . / .

Monies Payable

You must deliver to us the following amounts:

Application Fee GSTTotal Total Fees Payable

*$ .200.00 $ 10.00 $ 210.00

~/ * denotes GST payable

Your cheque or money order must be payable to the Minister of Finance and be delivered to 200-10428 153 8t Surrey, BC V3R 1 E1. Please quote our file number when sending us your payment.

Insurance

· You must effect and keep'in force a current Homeowner's Insurance Policy or other personal lines residential insurance policy, including Comprehensive Personal Liability in an amount of not less than $2,000,000.00 per pccurrence.

You mu~t make your insurer aware of this Agreement within 30 days of signing '. this Agreement.

Additional Requirements

You must deliver to us on or before July 6, 2009 the written consent of Sunny

(/

. Harbour Estates Ltd. as upland owner of District Lot 4551 , Group 1, New / .. Westminster District, indicating the term and use described in the attached .' Specific Permission. Should the term not coincide with the term of the Specific

, .

FNR-2013-00150

File No.: .. _,3652

- 3-.

Permission, the Specific Permission will be adjusted to reflect the term of the consent. .

On or before July 6, 2009 you must submit to us a signed and dated management plan for the development of the Land that is acceptable to us and

· that meets the criteria set out in the attached instructions. Please note that it is preferable that you show the improvements in relation to your upland property using the upland survey sketch ..

Please sign all of the enclosed tenure documents in the spaces provided on the sigriature page, and return all copies to our office.

If you sign the permission documents and return thern to us on or before July 6, 2009 (unless this deadline is extended in writing by us), together with each of the items listed in this section, the permission documents will be signed on behalf of the Province. We will then return an executed copy of the permission to you .. If the permission documents and each of the iterns listed in this section are not returned to us on or before July 6, 2009, we will be under no further obligation to issue the permission to you and this offer will terminate.

2.. Acknowledgments of the Applicant

By accepting this offer, you agree that: .

(a) This offer cannot be transferred to another person.

(b) This offer and the permission do not guarantee that (i) the Land is suitable for your proposed use, (ii) the Land cah be built on, (iii) there is access to the Land, or (iv) the Land is not susceptible to flooding or erosion:

· (c) This offer will survive the signing and issuance of the permission but if . any contradiction exists between the terms of this offer and the permission, the terms of the permission will prevail. I

(d) This offer does not give you any right to use or occupy the Land for any purpose.

· (e) Under the Land Act, this offer is not binding .upon the. Province until the permission is signed by the Province.

(f) Tirne is of the essence in this offer.

FNR-2013-00150

I

File No.: '. 3652 - 4-

3. Your Representations

By accepting this offer, you cpnfil'm that:

(a)

(b)

(c)

You (or your authorized representative) have inspected the Land and are fully aware of its condition. .

You have knowledge of all municipal and regional bylaws regulating the . use and development of the Land. . .

You acknowledge that you have no right to use or occupy the Land unless and until the permission is issued to you under this offer.

Freedom of Information

. Personal information is collected under the Land Act for the purpose .of administering Crown land. Information on your application, and if issued, your tenure, will become part bf the Crown Land Registry, from which information is routinely made available to the public under freedom of information legislation.

Yours truly,

N~~~ Authorized representative

FNR-2013-00150

----------------------------------------------------------------

File No.: • ;3652 - 5-

Acceptance of Offer of permission

File No. 2403652

Ministry of Agriculture and Lands 200-10428153 St Surrey, Be V3R 1E1

. Dear Linda Warnick:

Re: Application for permission

D I/We accept the offer of permission made to me/us by way of a letter dated May 6, 2009 from the Ministry of Agriculture and Lands and I/we agree to perform and abide by my/our covenants, acknowledgements and representations set out in that offer.

D I/We do not accept the offer of permission made to me/us by way of a letter dated May 6,2009 from the Ministry of Agriculture and .Lands. .

DATED the . of ,. --" -.-

Applicant's signature/Applicant's representative's signature

Print name of person signing

Applicant's Signature/Applicant's representative's signature

Print name of person signing

FNR-2013-00150

BRITISH: COLUMBIA

Private Moorage· Application Requirements List

In addition to the General Application Requirements included on the . Application Form, the following items are required for all

PrivatE! Moorage applications.

D A Site Plan (top view and side view) of the entire apPlication area, drawn to scale with a North arrow, identifying the location.of all improvement,(buildirigs, structures, roads, powerlines, fences, etc.) in relation to the boundaries fthe t3enure'area and other legal

. boundaries.

D Aside profile must be provided for any improvements (I.e. docks, stiff-legs, anchor' lines, pilings,log booms, floatihg storage sheds, fish pens, submarine cables) in the water or crossing the foreshore. The. side profile drawing must illustrate the ' improvements, the average high and low watermarks, the profile ofthe.ocean or lake bed underneath the improvements. Dimensions in meters are required to illustrate the,high and low water levels under the improvement to the floor of the ocean or lake bed.

D . Three photographs to provide a view of the site that the dock will occupy as well as a vie'!' of the shoreline in both directions.

D Proof of adjoining upland ownership or leasehold tenancy must be provided, such as a State of Title Certificate or a copy of Land Title System title search displaying the full legal description of the adjoining upland parcel and the full legal name(s) of the registered owner. In the case of upland tenanc)"a copy the Lease pagels) displfJ.ying lessee name' and description ofthe land must be submitted, In cases where the applicant is not the registered owner(s)as shown on the document provided, a Letter of Consent from the

. registered owner must also be submitted.

AND

. D A Management Plan, signed and dated, which indudes the following:

Section A " Project Overview

-Project and purpose; -Location; size and main features of project; -Access plans; and, -Construction schedule ..

, Section B - Project Details

Site Details

This document was last updated December 2008.

FNR-2013-00150

Explain the proposed use of the site including details about the site (using text pndthe Detailed Site Map(s)) as listed below: -Description of existing structures such as type (dock; wharf, etc.), construction (pilings, floats, etc.) and materials (include any preservatives); 'Size and dimensions of planned (and/or existing) improvements including floating docks, wharves, boathouses, retaining walls, pilings or areas to be filled or dredged as well as construction material used; -Include dimensions and distances from property lines -If other docks are located within 25 meters of the site plan, please include these docks on the site sketch; 0

'Indicate how public access is maintained along the beach; -Type of use - number of boats; seasons, etc., and -All other relevant details of the p~oposaJ.

o Section C - Additional Information

Where the following information iOs relevant to your application and has 0

been investigated, please provide details on how you are addressing 0

these iss·ues. 0

I. Environmental

o 0 a. Land Impacts 0

Describe impacts to the land (surface disturbance, clearing or logging required, buildings or infrastructure,visual impacts, etc.) anod pleasoe explain status of land 0

and landscape features, documented archaeological sites, types of materials used; construction methods, means to minimize adverse impacts, etc.

b. Atmospheric Impacts DeSCribe impacts to the atmosphere (sound, odor, gas or fueleinissions, etc.), 0

and please eXPlain current conditions, source, type and range of emission, means to minimize adverse impacts, etc. 0

c. Aquatic Impacts Describe impacts to the water orland covered by water (drainage effect,

o sedimentation, water diversion, water guality, public access, etc.land please explain type of adjacent or nearby water body and riparian areas, flood potential, means to minimize adverse impacts, etc. 0

d. Fish and Wiidlife Habitat Describe if the proposed project will affect fish and/or wildlife (disturbance to wildlife habitat, disturbance to fish habitat or marine environment) and please explain current status of fish or wildlife habitat; threatened or endangered species in the area, seasonal considerations,

o 0

means to minimize adverse impacts, etc.

II. Socio-Community

a. Land Use o Describe how the proposed project will affec!!'xisting land uses in the area

(zoning, land management plans, relationship to adjacent land use, public recreation areas) and please explain current zoning, land and resource management plan areas, levels and types of publicTecreational use, means to minimize adverse impacts, etc.

This docum~nt was last updated December 20.08.

FNR-2013-00150

b; Socio.Community Conditions . Describe howthe proposed projectwill affector influence existing community services or infrastructure (water supply, transportatioh, fire protection or

. emergency services, etc.) and please explain area demographics, current status of services, ~nticipated transportation or access road changes, etc. .

c. Public Health. Describe if your proposed project is going to affect public Health (waste disposal, site contamination) and please explain current health services available, method and level of proposed sewage disposal, etc.

d. First Nations· DEiscribeany contact you may have had, including the name of the First Nation(s) and indiViduals contacted. Provide copies of or a description of any information you may have acquired from or provided to the First Nation(s) . (potential benefits, partnership opportunities; special interesls, concerns, etc.) . and any information regarding archaeological resources and areas of cultural significance you are aware of in the vicinity of the proposed project . .,

. **Additional information may be required depending on the conSUltations that will occur as a . result of your application!*

Note: Applicants should restrict management plan content to informaiion that is directly relevant to the proposed project Management Plans should not contain statements that are biased or judgmental or which may be harmful to other applicants, other licensed users of Crown land and resources, the general public, or businesses operating on private land.

This qocument was last uptlated December 2008.

FNR-2013-00150

Private Moorage Mapping Requirements (Oct 21/2002)

Provide a Site Specific map and Site General map on 8 )1,". x 11" or 8 )1," x 14" or 11" x 17' paper only.

Submita Site General map at 1:20,000 scale. The purpose of this map is to indicate the general location of the site and iIIusirate the boundary lines. The Point of Commencement for the application area must be tied to a known point such as a geographic land feature or a comer pin of a surveyed lot, that must be shown on your map, .and identifiable on our reference maps. Please contact our office if you would like to purchase a 1 :20,000 map sheet of the application site area. Provide a legal . description for the upland [Le. the site is located within Section 22, Nanaimo District]. A Site Specific map [Management Plan] isa detailed version of the Site General map showing the boundary lines [noting metes and bounds] ata scale [Le.1:2,000,

. 1 :5,000, 1:10,000 scale] that illustrates the location of all improvements [Le. wharf, docks, buildings width height and length, anchor lines, pilings, stiff legs etc.] within the application area .. Label the boundary lines of the application site noting the length,in meters, and compass bearing; 0°.103600. of each line of the application site boundary [provide a.written metes and bounds description]. Applications with incomplete mapping will be returned. NOTE: provide a scaled side view of the dock with Ihedimensions labelled in meters, indicate the high and lowwater mark and provide a profile oftM ocean floor underneath the

. improvements. .

0,,0 GENERAL SITE MAP

1 :20,000

270° I 190'

18d'

ap'piitatit!h area

( *-Lot44 '. Altiv.ii6k" I' Sectioh 22

01::10

Nanainio pistrict

22

. Stevenson Bay

2~

P.L19$2 pL 1933

FNR-2013-00150

8i!~a~.~~ Ita

Spaf3lfic .site Map

Alnwi6k· ¢6ve·

~ "':r~ . - --'---_ .. ~

., ... _."._~~l t\ ."~

: '~'~."

~53.~~a~. 0/:) ....... ". ' . A~! .

.',' .,;'

. .', '-iX"

~' .. ,:4,"'';'' .~9l;>

. ~;<:f.\ I)' ;/'; w+_ ;; w.q' 8--:i,,~:~t ,:z:-

·SriJ; g; :-u~ '. '?_.....-_~~

~'1~~,. - ·[.<:>1.44,$ecii6tl22: l~i~i6"~md'[jiS:ilTjte ,',

• ". >", - c_ •. '~" _

n .'5' ' .. 10: . 'J;Gi3J~,: '.I:n.$.t~rs:

Metes and Bounds Begin at the northwest corner oltot 44, Seeton 22, Nanairno District then go 1 t5 rneters at 800 to the Point ofConnnnencennent [PofC] tlien go 5 nneters at 3530

•

8 nneters at 2630

23 nneters at 3530

13 nneters at 800 .

. 28 nneters at 1730 then along shoreline returning to the point of connnnencennent [PqfC]

FNR-2013-00150

'II' '5

"

FNR-2013-00150


Permission No.:


File No.: 2403652


THIS PERMISSION is dated for reference October 31, 2008 and is made under the LandAct.

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, represented by the minister responsible for the Land Act, Parliament Buildings, Victoria, British Columbia

AND:

(the "Province")

MICHAEL SIMPKINS and NICOLA SIMPKINS 2842 Bellevue Ave

. West Vancouver, BC V7V lE8 . As Joint Tenants

(the "Owner")

WHEREAS:

A. The Province has responsibility for the management of Crown land, including foreshore land and most submerged land;

B. The Minister has the authority under section II of the Land Act to authorize the use of Crown land on terms and conditions which the Minister considers appropriate;

C. The Minister wishes to provide a specific permission for the use of Crown land covered by water in British Columbia for Private Moorage Facility (as herein defined) purposes.

ACCORDINGLY, the Minister grants and the Owner accepts a specific permission for the construction and use of a Private Moorage Facility (as herein defined) on the following terms and conditions.

SPECIFIC PERMISSION FOR PRIVATE MOORAGE Page I of __ _

FNR-2013-00150

Permission

ARTICLE 1 - DEFINITIONS

1.1 In this document,

File No.: 2403652


"Improvements" includes anything made, constructed, erected, built, altered, repaired or added to, in, on or under the Land, and attached to it or intended to become a part of it, and also includes any clearing, excavating, digging, drilling, tunnelling, filling, grading or ditching of, in, on or under the Land;

"Land" means that part or those parts of the following described land shown outlined by bold line on the schedule attached to this Permission entitled "Legal Description schedule":

THAT PART OF DISTRICT LOT 6354, GROUP I, NEW WESTMINSTER DISTRICT, CONTAINING 0.08 HECTARES, MORE OR LESS,

except for those parts ofthe land that, on the Commencement Date, consist of highways (as defined in the Transportation Act) and subject to any changes to the area or boundaries of the Land that maybe made from time to time in accordance with the terms of this Permission;

"Minister" means the minister responsible for the Land Act;

"Management Plan" means the most recent management plan prepared by you in a form <1cceptable to us, signed and dated by the parties, and held on file by us;

"Permission" means the Minister's permission as recorded in this document;

"Private Moorage Facility" means a structure used for the purpose of mooring boats and for providing pedestrian <1ccess to and from the moored boats, and can consist of a single dock, wharf, or pier (including walkw<1Y ramp) th<1t is permanently affixed to <1quatic Crown land, and any ancillary structures such as <1 boat lift and anchor lines. It is for the personal and priv<1te use by one or a number of individuals or <1 family unit for boat moorage;

"Province" means Her Majesty the Queen in Right of the Province of British Columbia;

"Realty Taxes" means all taxes, rates, levies, duties, charges and assessments levied or charged, at any time, by any government authority having jurisdiction which relate to the Land, the Improvements or both of them and which you are liable to pay under applicable laws;

"Upland Property" means the parcel of non-aqu<1tic l<1nd, being either priv<1tely owned or leased Crown land, which has riparian rights to the point <1t which the Priv<1te Moorage Facility is attached to land more particularly described as District Lot 4551, Group 1, New Westminster District;


FNR-2013-00150

Permission File No.: 2403652


"we", "ns" or "our" refers to the Province alone and never refers to the combination of the Province and the Owner: that combination is referred to as "the parties"; and

"you" or "your" refers to the Owner.

ARTICLE 2 - CONDITIONS OF THIS PERMISSION

2.1 The rights granted in this Permission apply only under the following circumstances:

(a) You will not construct, place, anchor, secure or affix any Improvement in, on, to or into the Land except as necessary for the purposes set out in the approved Management Plan and, despite those purposes, you will not construct, place, anchor, secure or affix anything on or to the Land that may interfere with the riparian right of access of any person over the Land without first obtaining from that person a statutory right of way or easement, in registrable form and in our favour, by which that person allows us to curtail his or her riparian right of access over the Land.

(b). This. Private Moorage Facility will be the only Private Moorage Facility on the frontage ofthe Upland Property .

. (c) Ownership of and liability for a Private Moorage Facility shall pass to and be binding

upon your heirs,. executors and assigns of the Owner.

(d) You must not assign, mortgage or transfer this Permission, or permit any person to use or occupy the Land, without our prior written consent; which consent we may withhold.

(e) A Private Moorage Facility shall be and shall remain your property unless you transfer the rights and obligations in a signed agreement with another person approved by us as per subsection 2.1 (d).

(f) There are no other laws, bylaws or local government zoning restrictions which prohibit the installation and use of the Private Moorage Facility.

(g) You understand that this Permission does not grant exclusive use and occupancy of the Land.

ARTICLE 3 - SIZE

3.1 The Private Moorage Facility's size must be as set out in the Management Plan, and the Management Plan must disclose the length and width of the Private Moorage Facility, the height of any proposed structures, the length and width of any connecting walkways which will be placed on Crown land and any ancillary structures or Improvements which will be part of or

SPECIFIC PERMISSION FOR PRIVATE MOORAGE Page30f __ _

FNR-2013-00150

----------------------------------------------------------------------------------------------------------

Permission

used with the Private Moorage Facility.

File No.: 2403652


3.2 No increase in any dimension of the Private Moorage Facility from the description in the Management Plan will be permitted unless you first obtain our written consent.

ARTICLE 4 - CONSTRUCTION

4.1 Do not interrupt or divert the movement of water or of beach materials by water along the shoreline.

4.2· No fill may be used in the construction or structure of the Private Moorage Facility.

4.3 Riparian vegetation on Crown land shall not be unduly disturbed.

4.4 Do not use crib foundations or solid core structures made of cement or steel sheeting in Private Moorage Facility construction.

4.5 The Private Moorage Facility must be either floating or suspended above the water.

4.6 Do not use constDlction materials containing toxic substances, except in marine waters where the use of a preservative-treated wood may be necessary.

4.7 Do no cut or remove timber on or from the Land without prior written consent and, being granted the right under the Forest Act to harvest Crown timber on the Land.

ARTICLE 5 - USE

5.1 The Private Moorage Facility shall be used for private, non-commercial moorage purposes only and the Owner ofthe Private Moorage Facility must not make the Private Moorage Facility available to others for a fee.

5.2 Do not moor or secure any boat or structure to the Private Moorage Facility for use as a liveaboard facility, whether permanent or temporary.

ARTICLE 6 - OTHER COVENANTS

6.1 You must

(a) pay, when.due,

(i) the Realty Taxes, and


FNR-2013-00150



(ii) all charges for electricity, gas, water and other utilities supplied to the Land for use by you or on your behalf or with your permission;

(b) take all reasonable precautions to avoid disturbing or damaging any archaeological material found on or under the Land and, upon discovering any archaeological material on or under the Land, you must immediately notify the ministry responsible for administering the Heritage Conservation Act;

(c) provide without compensation temporary accommodation to any vessel that is disabled or that seeks shelter in weather conditions that would render it unseaworthy;

(d) observe; abide by and comply with

(i) all applicable laws,. bylaws, orders, directions, ordinances and regulations of any governmental authority having jurisdiction in any way affecting your use or occupation of the Land or the Private Moorage Facility, and with

(ii) the provisions ofthis Permission;

(e) ensure that the Private Moorage Facility does not interfere with public access over land;

(f) keep the Private Moorage Facility and the Land in a safe, clean and sanitary condition;

(g) not commit any willful or voluntary waste, spoil or destruction on the Land, except for the lawful discharge of wastes and emissions, or do anything on the Land that may be or become a nuisance or annoyance to an owner or occupier ofland in the vicinity of the Land provided that, for the purposes of your covenant in this subsection, the lawful construction and operation and maintenance of the Private Moorage Facility allowed under this Permission will be deemed not to be a nuisance or annoyance to an owner or occupier ofland in the vicinity of the Land;

(h) dispose of raw sewage and refuse only in accordance with the requirements and regulations of appropriate federal and provincial agencies;

(i) store bulk hazardous petroleum products and other toxic substances in accordance with the provisions of the Environmental Management Act;

G) not store logs on the Land;

(1<:) pay all accounts and expenses as they become due for work performed on or materials supplied to the Land at your request, on your behalf or with your permission, except for money that you are required to hold back under the Builders Lien Act; and

SPECIFIC PERMISSION FOR PRlVATE MOORAGE Page 5 of __ ,-----

FNR-2013-00150

Permission . File No.: 2403652


(1) if any claim oflien over the Land is made under the Builders Lien Act for work performed on or materials supplied to the Land at your request, on your behalf or with your permission, you will illl1llediately take all steps necessary to have the lien discharged, unless the claim oflienis being contested in good faith by you and you have taken the steps necessary to ensure that the claim oflien will not subject the Land under this Permission to sale or forfeiture.

ARTICLE 7 - TERMINATION OF PERMISSION

7.1 There is no term or predetermined end date for this Permission, and your responsibilities and duties under this Permission will continue until either we or you revokes or otherwise terminates the Permission.

7.2 We may revoke this Permission for the Private Moorage Facility at any time in our sole discretion without incurring any liability to you whatsoever and you must remove all parts of the Private Moorage Facility from the Land within a specified number of days as determined by the us, leaving the Land in a safe, clean and sanitary condition.'

7.3 If we revoke or terminate this Permission for any reason whatsoever, you shall have no right of compensation.

7.4 When you remove the Private Moorage Facility you must leave the Land in a safe, clean and sanitary condition acceptable by us. If you do not do so, we may clean and remediate the Land (including, if necessary, the removal of the Private Moorage Facility) and you will be responsible for the full cost of such cleaning and remediation.

7.5 If this Permission is terminated, all existing duties and responsibilities of yourself, your heirs, successors or assigns under this Permission will continue beyond the date of its termination.

ARTICLE 8 - OTHER DISPOSITIONS

8.1 You agree with us that

(a) in addition tothe other reservations and exceptions expressly provided in this Permission, this Permission is subject to the exceptions and reservations of interests, rights, privileges and titles referred to in section 50 of the Land Act;

(b) other persons may hold or acquire rights to use the Land in accordance with enactments other than the Land Act or the Ministry of Lands, Parks and Housing Act, including rights held or acquired, under the Coal Act, Forest Act, Geothermal Resources Act, Mineral Tenure Act, Petroleum and Natural Gas Act, Range Act and Water Act (or any


FNR-2013-00150


Disposition No.: 866750"

prior or subsequent enactment ofthe Province of British Columbia oflike effect); such rights may exist when this Permission takes effect and may be granted or acquired after this Permission takes effect and may affect your use ofthe Land;

(c) other persons may hold or acquire interests in or over the Land granted under the Land Act or the Ministry of Lands, Parks and Housing Act; such interests may exist when this Permission takes effect; after this Permission takes effect we may grant such interests (including fee simple interests, leases, statutory rights of way and licences) however we will not grant any such interest that would result in the need to amend the Management Plan unless we have first complied with the requirements of this Permission with regard to the amendment of the Management Plan; subject to this you acknowledge your use of the Land may"be affected by such interests and the area or boundaries of the Land may change as a result of the granting of such interests;

(d) you have no right to compensation from us and you release us from all claims, actions, causes of action, sults, debts and demands that you now have or may at any time in the future have against us arising out of any conflict between your use of the Land under this Permission and the exercise or operation of the interests, rights, privileges and titles described in subsections (a), (b), and (c);

( e) this Permission does not limit any right to notice, compensation or any other benefit that you may be entitled to from time to time under the enactments described in subsection (b);

(f) you will not commence or maintain proceedings under section 65 of the Land Act in respect of any interference with your use of the Land as permitted under this Permission as a result ofthe lawful exercise or operation ofthe interests, rights, privih;ges and titles described in subsections (a), (b) and (c).

ARTICLE 9 - LIABILITY AND INDEMNITY

9.1 You assume all responsibility and liability associated with the Private Moorage Facility and agree to indemnify us for any loss or expense incurred by us as a result of the existence or use of the Land or Private Moorage Facility by any person, including, without limitation,

(a) any conflict between the existence or use of the Private Moorage Facility and the land use or riparian rights of any person;

(b) your breach or non-performance of any part of this Permission; and

(c) any personal injury (including death) or property damage caused in any way, wholly or partly, by the Private Moorage Facility or by your use of the Land.

SPECIFIC PERMISSION FOR PRN ATE MOORAGE Page 7 of __ _

FNR-2013-00150



9.2 Without limiting your obligations or liabilities under this Permission at your expense, effect and keep in force during the Term, a Homeowner's Insurance Policy or other personal lines residential insurance policy, including Comprehensive Personal Liability in an amount of not less than $2,000,000 per occurrence.

9 .3 You must make your insurer aware of this Permission within 30 days of signing this Permission.

The parties have executed this Permission as of the date of reference of this Permission.

SIGNED on behalf of HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH-COLUMBIA by the minister responsi1:ile for the Land Act or the minister's authorized representative

Minister responsible for the Land Act or the minister's authorized representative

SIGNED BY MICHAEL SIMPKINS

. SIGNED BY NICOLA SIMPKINS


FNR-2013-00150

r Permission


File No.: 2403652


Page 9 of __ _

FNR-2013-00150


. Disposition No.: 866750

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SPECIFIC PERMISSION FOR PRIVATE MOORAGE Page 10 of __ _

FNR-2013-00150

FNR-2013-00150

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I MICHAEL C. SIMPKINS 0460

DATE / f O..r 2. "t7 '1 DDMMYYYY

"'.?!:,z fj----;; ~ $UO . the order of -'__ _ ~ ~-:><-...... . 9-~ r DOLLARS

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FNR-2013-00150

s.22

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File No.: "~,,,3652

. 5· Acceptance of Offer of permission

File No. 2403652

Ministry of Agriculture and Lands 200·10428153 St Surrey, Be V3R 1 E1

Dear Linda Warnick:

Re: Application for permission

~ I/We accept the offer of permission made to me/us by way of a . letter dated May 6, 2009 from the Ministry of Agriculture and Lands and I/we agree to perform and abide by my/our covenants, acknowledgements and representations set out in that offer.

D I/We do not accept the offer of permission made to me/us by way of a letter dated May 6, 2009 from the Ministry of Agriculture and Lands.

7 -v-}/ ~j?

o ~#L----. J"J"d;r,ure/Applicant's

's signature Applicant's signature7Applicant's representative's signature

&~4'-Print name of person sig

L/~,,"" ing

p (' 6:J, {11.; s:; /'2i to k> N S Print name of person sigrfing

FNR-2013-00150

redacted for the following reason:- - - - - - - - - - - - - - - - - - - - -s.22

SUNNY HARBOUR ESTATES LTD.

May 21,2009

Ministry of Agriculture and Lands 200 - 10428 153 Street Surrey, B. C., V3R 1 E1

Attention: Linda Warnick

Re: Michael and Nicole Simpkins 2842 Bellevue Avenue West Vancouver, B. C., V7V 1E8

File number: 2403652 - Tenure offer

RECEIVED JUN 0 8 2009

INTEGRATED LAND MANA(j~M~Nf ~U~Mu Ministry of Agriculture I'I.fl!:i b!!M§ Log No . .... ".", ... ~.ld.'~ft&;;,~

""8 ",t'L

This will confirm the consent of Sunny Harbour Estates Ltd. as upland owner of District Lot 4551, Group 1, New Westminster District, for the use described in the Special Permission.

Sunny Harbour Estates Ltd. Per:

~~ Authorized signato Sandra Markley - President 5470 Sans Souci Road Halfmoon Bay, B. C., VON 1Y2 ph: 604-885-5225

FNR-2013-00150

File No.: 2403652 - 2-

Deadline for Your Acceptance of this Offer

This offer may be accepted by you no later than 4:00 p.m. on July 6, 2009 (unless this deadline is extended in writing by us). To accept this offer, you must complete and retum to us the enclosed acceptance page by that time. If you do riot wish to accept this offer, please check the applicable box on the acceptance page and sign and retum the page to us so that we may record your rejection of our offer.

1. Conditions of Offer

Enclosed are two copies of your permission. If you accept this offer by retuming the acceptance page to us within the time set out above, you must then execute and retum these documents to us on or before July6, 2009 together with all of the following:

Monies Payable

You must deliver to us the following amounts:

Permission Application Fee GSTTotal

. Total Fees Payable

!$ .,00 *$ 200.00 $ 10.00 $ 210.00

* denotes GST payable

Your cheque or money order must be payable to the Minister of Finance and be delivered to 200-10428 153 St Surrey, BC V3R 1 E1. Please quote our file number when sending us your payment.

Insurance

You must effect and keep in force a current Homeowner's Insurance Policy or other personal lines residential insurance policy, including Comprehensive Personal Liability in an amount of not less than $2,000,000.00 per occurrence.

You must make your insurer aware of this Agreement within 30 days of signing this Agreement.

Additional Requirements

You must deliver to us on or before July 6, 2009 the written consent of Sunny Harbour Estates Ltd. as upland owner of District Lot 4551, Group 1, New Westminster District, indicating the term and use described in the attached Specific Permission. Should the term not coincide with the term of the Specific

FNR-2013-00150

~. BRITISH

COLUMBIA

Permission No.:


File No.: 2403652


I

cP. '--lS47/ THIS PERMISSION is dated for reference October 31, 2008 and is made under the Land Act. .

BETWEEN:

AND:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE ~F BRITISH COLUMBIA, represented by the ministerresponsible for the Land Act, Parliament Buildings, Victoria, British Columbia . .

(the ''Province'')

MICHAEL SIMPKINS and NICOLA SIMPKINS' 2842 Bellevue Ave' . WestVancouver,.BC V7V1E8

. As Joint Tenants

(the "Owner")

20005391

, rD~ ~ (~IE II WI IJ\.

fJ 8

$,_, ..•. ?--:-I y,OQ

By ... ~ .... _L'*c. ............... . WHEREAS:

j~ !C,,:>D ')-~

. A. The Province has responsibility for the management of Crown land, including foreshore land and most submerged land;

B. The Minister has the authority under section 11 of the Land Act to authorize the use of Crown' land on terms an(i'conditionswhich the Minister considers appropriate;

C. . .The Minister wishes to provide a speCific permission for the use of Crown land covered by water in British Columbia for Private Moorage Facility (as herein defmed) purposes.

ACCORDINGLY, the Mini'Ster grants and the Owner accepts a specific permission for the construction and use ofa Private Moorage Facility (as herein defined) on the following terms and conditions. .

SPECIFIC PERMISSION FOR PRN ATE MOORAGE Pagelof __ _

I

FNR-2013-00150

'~'&_~'" .... BRITISH

COLUMBIA The Best Place on Earth

Our File2403652

June 9, 2009

Michael Simpkins and Nicola Simpkins 2842 Bellevue Ave West Vancouver, BC V7V 1 E8

Dear Sir and Madam:-

JUN t i20f)g

l_~-i:1NJ 'Tt IC fR{ ~ fRl ~ , "It;; !Y!

It is my pleasure to enclose your original copy of Specific Permission For Private Moorage Specific Permission No. 241072 dated for reference October 31, 2008 duly executed on behalf of the Minister. -

The Specific Permission covers THAT PART OF DISTRICT LOT 6354,GROUP 1, NEW WESTMINSTER DISTRICT, CONTAINING 0.08 HECTARES, MORE OR LESS.

Do not hesitate to contact me if you have any questions or require assistance. It continues to be our pleasure to be of service.

Yours truly,

~/ / - ' () {;ftu~ Linda Warnick

. Portfolio Administrator

.. Encl.

cc: BC Assessment Authority, Vancouver Sunshine Coast Regional District

. Integrated Land Management

Bureau

Ministryof Agriculture and Lands

Mailing Address: Integrated Land Management Bureau Ministry of Agriculture and Lands Suite 200 -10428153 St Surrey BC V3R 1E1 Tel (604) 586-4400 Fax (604) 586-4434

. La.cation: Suite 200 - 10428 153 st Surrey Be V3R 1E1

FNR-2013-00150

January 16, 2013

File No.: 2403652

Penuission No.: 241072

Attention: Carol Johnson

As per our conversation the other day, I wish to transfer partial ownership of this water lot lease to include myself, Christopher A. Simpkins as 50% owner and Michael and Nicola Simpkins would remain as the other 50% owners of this lease.

Christopher Andrew Simpkins

Best Regards,

Christopher A. Simpkins

Mailing Address:

FNR-2013-00150

s.22

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Assignment Checklist

File No. 2403652 Document No.

Assignment

Assignors Copy Received

Insurarice

Security Deposit

Individual

Company

!:8J D Not required for NDA

D need updated proof

D Not required for NDA

!:8J

D

Assignment Fee Paid D

Mortgage D

Incorporation No.

241072

NDA D

$ (Homeowner)

$ 0.00

Rental Paid !:8J

~

Next Rental Due Date Rent Free

Taxes Paid

Royalties Paid

Res/Rec Tenures

Assignee Name(s)

Address

Phone Number

Tenants in Common

D !:8J N/A

D No DYes

Michael Simpkins, and Nicola Simpkins 2842 Bellevue Ave, West Vancouver V7V 1 E8: AND

Christopher Andrew Simpkins

PO Box 91023 West Vancouver V7V 3N3

!:8J Joint Tenants

::)0 \ ~-\-\e_c7-"+~ y~ i''(,-1r-r~rj-

Y;). "" 4-tr-e..«

Copy of Current Upland Title D Upland Owners Consent

D

D (private moorage)

Information on Deceased \,\

Certified True Copy of Will .. ~ r D Certified True Copy of Death Certificate

D

Letters of Probate D

Certified True Copy of Letter of Administration D

Updated: December 19, 2012 FNR-2013-00150

s.22

• ... BRITISH

COLUMBIA I ASSIGNMENT/ASSUMPTION I

Pennission. No.: 241072

THIS AGREEMENT is dated for reference January 21, 2013.

BETWEEN:

AND:

MICHAEL SIMPKINS, and NICOLA SIMPKINS 2842 Bellevue Ave West Vancouver, Be V7V lE8 as "Joint Tenants"

OF THE FIRST PART

MICHAEL SIMPKINS, and NICOLA SIMPKINS 2842 Bellevue Ave WestVancouver,BC V7V 1E8

(herein the "Assignor")

as "Joint Tenants" to and undivided Yz interest; and

AND:

CHRISTOPHER ANDREW SIMPKINS PO Box 91023 West Vancouver, BC V7V 3N3 as to an undivided Yz interest

OF THE SECOND PART (herein the "Assignee")

File No.: 2403652


HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, represented by the minister responsible for the Land Act, Parliament Buildings, Victoria, British Columbia

OF THE THIRD PART (herein the "Province")

ASSIGNMENT/ASSUMPTION Page 1 of __ _

FNR-2013-00150

Assignment! Assumption

WITNESS THAT WHEREAS:

File No.: 2403652


The Assignor and the Province entered into a Specific Permission for Private Moorage dated for reference October 31, 2008 (herein called the "Document") over those lands more particularly known and described as:

THAT PART OF DISTRICT LOT 6354, GROUP 1, NEW WESTMINSTER DISTRICT, CONTAINING 0.08 HECTARES, MORE OR LESS

NOW THEREFORE THIS AGREEMENT WITNESSETH that for good and valuable consideration paid by the Assignee to the Assigrior and by the Assignee and the Assignor to the Province, the receipt and sufficiency of which is hereby acknowledged by both the Assignor and the Province, the parties agree as follows:

ARTICLE I - ASSIGNMENT

1.1 The Assignor assigns all of his right, title, interest and estate in and to the Document to the Assignee.

ARTICLE II - ASSUMPTION

2.1 The Assignee covenants with the Province to assume and be bound by all the terms, conditions, covenants, obligations and agreements contained in the Document.

ARTICLE III - CONSENT

3.1 The Province consents to the execution and delivery of this agreement and the Assignment.

3.2 The Province releases and discharges the Assignor from all the terms, conditions, covenants, obligations and agreements contained in the Document.

ARTICLE IV - WARRANTIES AND REPRESENTATIONS

4.1 The Assignee warrants and represents to the Province, with the intent that the Province will rely thereon, that the Assignee:

ASSIGNMENT/ASSUMPTION Page2of __ _

FNR-2013-00150

,--------------------------------------------------------------------------------------------------------------------------------------------

Permission. No.: 241072 File No.: 2403652


(a) is a Canadian citizen, pennanent resident of Canada or the owner ofthe upland adjacent to the Land which is the subject of the Document; and

(b) is nineteen (19) years of age or older.

4.2 The Assignee acknowledges to the Province and to the Assignor that:

(a} the Assignee has inspected the land, and the improvements (if any) situate thereon, which are the subject ofthe Document and is fully aware of the condition of that land, and the improvements (if any) situate thereon, and accepts same in its current state;

(b) the Assignee has reviewed and inspected all municipal and regional by-laws, regulations and policies concerning the use and development of the land which is the subject of the. Document; and

(c) there are no representations, warranties, collateral agreements or conditions affecting this agreement or the land, and the improvements (if any) situate thereon, which are the subject of the Document except as expressed herein and that this agreement constitutes the entire agreement.

ARTICLE V - NOTICE

5.1 The address of the Assignee for the service of notices or documents under the Document shall be the address specified for the Assignee on the first page of this agreement.

ARTICLE VI - MISCELLANEOUS

6.1 This agreement shall enure to the benefit of the parties hereto and their respective successors and pennitted assigns.

6.2 The parties to this agreement confmn that the tenns of the Document remain and continue in full force and effect.

6.3 This agreement may not be assigned by the Assignee except in accordance with the provisions of the Document.

6.4 This agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia.

6.5 In this agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and corporation as the case may be.

ASSIGNMENT/ASSUMPTION Page30f __ _

FNR-2013-00150

Permission. No.: 241072 File No.: 2403652


6.6 The captions and headings contained in this agreement are for convenience only and are not to be construed as defining or in anyway limiting the scope or intent of the provisions hereof.

6.7 Where there is a reference to an enactment of the Province of British Columbia in this agreement, that reference shall include a reference to any subsequent enactment of the Province of British Columbia oflike effect, and, unless the context otherwise requires, all statutes referred to herein are enactments of the Province of British Columbia.

6.8 If any section of this agreement or any part of a section is found to be illegal or unenforceable, that part or section as the case may be, shall be considered separate and severable and the remaining parts shall be enforceable to the fullest extent perruitted by law.

6.9 All schedules attached to this agreement form an integral part of this agreement.

IN WITNESS WHEREOF the Assignor and Assignee have executed this agreement, and the Province has consented thereto, the day and year first above written.

SIGNED on behalf of HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA by the minister responsible for the Land Act or the minister's authorized representative

Minister responsible for the Land Act or the minister's authorized representative

ASSIGNMENT/ASSUMPTION Page 4 of ___ _

FNR-2013-00150

Pennission. No.: 241072

SIGNED BY MICHAEL SIMPKINS

SIGNED BY NICOLA SIMPKINS

SIGNED BY CHRISTOPHER ANDREW SIMPKINS

ASSIGNMENT/ASSUMPTION

File No.: 2403652


Page 5 of ___ _

FNR-2013-00150

redacted for the following reason:- - - - - - - - - - - - - - - - - - - - -s.22

Casavant, Brooke FLNR:EX

From: Sent: To: Subject: Attachments:

Helio,

Casavant, Brooke FLNR:EX Monday, January 21,201311:42 AM

Assignment/Assumption File 2403652 2403652 Letter.pdf; 2403652 Assignment.pdf

Please see attached Assignment! Assumption documents.

Regards,

Brooke Casavant Portfolio Administrator South Coast Regional Office Ministry of Forests, Lands and Natural Resource Operations 200 - 10428 153 Street, Surrey BC V3R 1El Tel: (604) 586-4301 Fax: (604) 586-4444 Email: [email protected] Our Vision: Economic prosperity and environmental sustainability

1

FNR-2013-00150

s.22