The Regional District. (a) shall grant the Owner, at the time of transfer of title to the Regional District of the Enos Lake bed, a registerable easement, substantially in the form set out in Schedule “N”, to allow the Owner, and its agents, designates and employees, to operate, maintain, upgrade and replace, as the Owner requires, the irrigation system for the Fairwinds Golf Course (which receives and pumps Enos Lake water from an intake through a submerged pipe to Dolphin Lake for use in golf course irrigation), as referenced on the Site Plan including, without limiting the foregoing, the dam, intake, pump and pumphouse located on the west side of Enos Lake, outlet xxxx, water line, and road providing access to same; and (b) may call upon the Owner to provide a Release of the easement in the event the Owner's water licence for golf course irrigation is cancelled and the Owner is unable to obtain a renewal or replacement of same within 5 years after the cancellation, and the Owner will promptly provide same.
Appears in 5 contracts
Samples: Phased Development Agreement, Phased Development Agreement, Zoning Amendment Bylaws
